B.
The Chief Executive Officer may issue a temporary
permit in lieu of a sewer connection permit. A temporary permit shall
be issued for a period not to exceed one (1) year and may be renewed
for one (1) additional period until either the effective date of a
sewer connection permit or a period not to exceed one (1) year, whichever
is less.
C.
The Chief Executive Officer may issue a letter of
authorization in lieu of a sewer connection permit. A letter of authorization
carries the same duties and responsibilities as a sewer connection
permit except that it is issued for a specific purpose of short duration.
New industrial users who desire to locate into
the PVSC sewer district or existing industrial users who desire to
commence operations at a new facility within the PVSC sewer district
shall apply for and receive a sewer connection permit, temporary permit
or letter of authorization, as the case may be, prior to the commencement
of operations at the new facility. Although a sewer connection application
may be submitted to the PVSC at any time, the PVSC shall issue a permit
only after the user either procures title to the property or signs
a lease agreement with the property owner.
All industrial users discharging wastes directly or indirectly to the PVSC treatment works prior to the effective date of these Rules and Regulations are hereby granted temporary authority to discharge these wastes. This temporary authority shall expire ninety (90) days after the adoption of these Rules and Regulations unless prior to that date the discharger has filed an application for a sewer connection permit pursuant to §§ A505-11, A505-16 and A505-18 of these Rules and Regulations. In such a case, this temporary authority shall expire on the date the sewer connection permit is issued. Any person discharging pursuant to the temporary authority provided for hereby is subject to all provisions of these Rules and Regulations, and such authority may be suspended or revoked in accordance with the terms and provisions set forth in §§ A505-20 and A505-21 of these Rules and Regulations.
If a permittee wishes to continue discharging
to the PVSC treatment works, he shall apply for a renewal of his sewer
connection permit no later than six (6) months prior to the expiration
date of the permit then in force. The application shall be contained
in a form prepared by the PVSC which will be mailed to the user no
less than nine (9) months before the expiration date. Renewal of the
permit shall be contingent upon the permittee having complied with
the terms and conditions of the expired permit.
A.
Permits shall normally be issued for a period of five
(5) years. A permit may be issued for a period of less than five (5)
years if the Chief Executive Officer determines that a five-year permit
is not needed.
B.
A letter of authorization shall be issued for a period
not to exceed one (1) year. Prior to the expiration of this period,
the user shall notify the PVSC if authorization is required beyond
the one (1) year authorized. The Chief Executive Officer may reissue
the letter of authorization for a period not to exceed one (1) additional
year. At the end of this second period, the discharge shall either
cease or be subject to a sewer connection permit.
Any industrial user that proposes to make any
changes in its facility or processing which significantly affects
either the quality or quantity of its discharge to the PVSC treatment
works shall apply for an amended permit. Forms may be procured from
the PVSC.
Sewer connection permits, temporary permits
or letters of authorization are issued to a specific user for a specific
operation and are not transferable. A permit shall not be reassigned
or transferred or sold to a new owner, new industrial user or a new
or changed operation. The permittee shall notify the Chief Executive
Officer within fourteen (14) days of any change in ownership or corporate
structure where such change affects responsibility for compliance
with these Rules and Regulations.
A.
Persons desiring a sewer connection permit to discharge
shall complete a PVSC application form and forward it to the PVSC.
Persons desiring a temporary permit or letter of authorization shall
supply all information requested by the PVSC. Upon receipt of all
required information, the sewer connection application or request
shall be processed, and if required and upon approval, a sewer connection
permit, temporary permit or letter of authorization shall be issued.
B.
The application shall be approved if the applicant
has complied with all applicable requirements of these Rules and Regulations
and furnished to the Chief Executive Officer all requested information
and if the Chief Executive Officer determines that the expected discharge
will not interfere with the treatment process, pass through the treatment
process inadequately treated or contaminate the sludge produced and
that there is adequate capacity in the PVSC treatment works to convey,
treat and dispose of the industrial wastes. The Chief Executive Officer
shall make a determination within ninety (90) days of receipt of all
required information.
C.
An application or request submitted by a corporation
shall be signed by a corporate officer or other executive officer
so designated. An application or request signed by an individual other
than a corporate officer shall include a corporate resolution granting
the individual the authority to make the application or request on
behalf of the corporation. An application or request submitted by
a user other than a corporation shall be signed by a proprietor or
general partner.
A.
Sewer connection permits shall be issued with at least
the following applicable conditions:
(1)
Monitoring requirements for user charge.
(2)
Monitoring requirements for pretreatment.
(3)
Prohibitions and limitations on industrial waste discharged
to the sanitary sewer.
(4)
Compliance schedules.
(5)
Reporting requirements.
(6)
Management requirements and responsibilities.
(7)
Special conditions applicable to industrial users
on a case-by-case basis.
B.
Temporary permits or letters of authorization may contain the conditions listed in Subsection A but shall be established to safeguard the treatment plant and prevent violations of any permit issued to or condition imposed upon the PVSC.
C.
The terms and conditions of any permit may be subject to modifications and change by the Chief Executive Officer during the life of any permit, as limitations or requirements as identified in §§ A505-22 and A505-23 are modified and changed. The industrial user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in any permit shall include a reasonable time schedule for compliance.
A.
The Chief Executive Officer may, without formal notice,
suspend any permit for a period not to exceed forty-five (45) days
when such suspension is necessary in order to stop a discharge which
reasonably appears to present an imminent or substantial hazard to
the public health, safety or welfare of persons.
B.
The Chief Executive Officer may, after serving notice
on the permittee, including the opportunity to respond, suspend any
permit for a period not to exceed forty-five (45) days when such a
suspension is necessary in order to stop a discharge which presents
or may present an endangerment to the environment or which threatens
to interfere with the operation of the PVSC treatment works.
C.
Any user notified of a suspension of his permit shall
immediately cease and desist the discharge of all wastes regulated
by that permit. In the event of a failure of the industrial user to
comply voluntarily with the suspension order, the Chief Executive
Officer shall take such steps as are reasonably necessary to ensure
compliance.
D.
Any suspended user may file with the Chief Executive Officer a request for a hearing with the Commissioners. Such a request shall not stay the suspension. In the event of such request, the Commissioners shall, within fourteen (14) days of the receipt by the Chief Executive Officer of such request, hold a hearing on the suspension and shall either confirm or revoke the action of the Chief Executive Officer. Reasonable notice of the hearing shall be given to the suspended user as provided for in § A505-3. At this hearing, the suspended user may appear personally or through counsel, cross-examine witnesses and present evidence in his own behalf.
E.
In the event that the Commissioners fail to meet within
the time set forth above or fail to make a determination within seventy-two
(72) hours after the close of the hearing, the order of suspension
shall be stayed until a determination is made either confirming or
revoking the action of the Chief Executive Officer.
F.
The Chief Executive Officer shall reinstitute the
permit upon proof of satisfactory compliance with all discharge requirements.
The PVSC counsel may, upon recommendation of the Chief Executive Officer,
commence and prosecute such legal actions as may be appropriate to
enforce the provisions of this section.
A.
The Commissioners may revoke any permit upon a finding that the user has demonstrated a refusal, inability or failure to take reasonable steps to comply with any of the provisions of these Rules and Regulations. No revocation shall be ordered until a hearing has been held by the Commissioners, where the user shall have the right to be represented by counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the user and to the municipality wherein the user is located, in accordance with § A505-3, at least fifteen (15) days prior to the date of the hearing.
B.
Any user whose permit has been revoked shall immediately
cease and desist all discharge of wastes regulated by that permit.
The Chief Executive Officer may disconnect or permanently block from
the public sewer the connection of any user whose permit has been
revoked if such action is necessary to ensure compliance with the
order or revocation.
C.
Before the discharge of wastes may be commenced by
the user, he must apply for and receive a new permit, pay all charges,
penalties and such other sums as may be owed and comply with the conditions
contained in any signed consent order or judgment. Costs incurred
by the PVSC and municipality in revoking the permit and disconnecting
the connection shall be paid by the user before a new permit is issued.
No person shall discharge or deposit or cause
or allow to be discharged or deposited into the treatment works or
public sewer any waste which causes or contains the following:
A.
Explosive wastes. Wastes in such quantity which may
create a fire or explosion hazard to the treatment works, collection
system or to the operation of the system, including but not limited
to wastewater with a closed cup flash point of less than one hundred
forty degrees Fahrenheit (140° F.) or sixty degrees Centigrade
(60° C.) using the test methods specified in 40 CFR 261.21. Additional
quantitative limitations on explosive wastes are specified in Appendix
B.[1]
[1]
Editor's Note: Appendix B, Pretreatment Limitations, is included at the end of this chapter.
B.
Corrosive wastes. Wastes in such quantity which will
cause corrosion or deterioration of the treatment works. Unless a
higher limit is otherwise stated in the sewer connection permit issued
to a user, all wastes shall have a pH not less than five (5). Unless
otherwise stated in the sewer connection permit, all wastes shall
have a pH not more than ten point five (10.5). Prohibited materials
include but are not limited to acids, sulfides, concentrated chloride
or fluoride compounds, etc.
C.
Solids or viscous wastes. Solids or viscous wastes
in amounts which would cause obstruction to the flow in a sewer or
otherwise interfere with the proper operation of the treatment works.
Prohibited materials include but are not limited to uncomminuted garbage,
bones, hides or fleshings, cinders, sand, stone or marble dust, glass,
etc.
D.
Oils and grease.
(1)
Petroleum oil, nonbiodegradable cutting oil or products
of mineral oil origin in amounts that will cause interference or pass-through.
(2)
Any industrial wastes containing floatable fats, wax,
grease or oils.
(3)
Any industrial wastes containing more than one hundred
(100) milligrams per liter of petroleum-based oil or grease.
E.
Noxious materials.
(1)
Pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(2)
Noxious liquids or gases which, in sufficient quantity,
either singly or by interaction with other wastes, are capable of
creating a public nuisance or hazard to life or are or may be sufficient
to prevent entry into a sewer for its maintenance and repair.
F.
Radioactive wastes. Radioactive wastes or isotopes
of such half-life or concentration that they do not comply with regulations
or orders issued by the appropriate authority having control over
their use and which will or may cause damage or hazards to the treatment
works or personnel operating the system.
G.
Interference. Any waste, including oxygen demanding
wastes (BOD, etc.), released in a discharge at a flow rate and/or
pollutant concentration which an industrial user knows or has reason
to know will interfere with the PVSC treatment works.
H.
Excessive discharge rate. Industrial wastes discharged
in a slug or such volume or strength so as to cause a treatment process
upset and subsequent loss of treatment efficiency.
J.
Unpolluted waters. Any unpolluted water, including
but not limited to cooling water and uncontaminated stormwater, which
will increase the hydraulic load on the treatment system, except as
approved by the PVSC.
K.
Dilution water. Any water added for the purpose of
diluting wastes which would otherwise exceed applicable maximum concentration
limits.
L.
Violations. Wastes which cause the PVSC treatment
plant to violate its NJPDES permit, applicable receiving water standards,
permit regulating sludge which is produced during treatment or any
other permit issued to the PVSC.
M.
Ultrahazardous toxics. Those wastes designated by
the EPA as sufficiently toxic that they shall not be discharged to
the sanitary sewer in any concentrations.
N.
Trucked pollutants. Any trucked or hauled pollutants,
except at discharge points designated by the Chief Executive Officer,
and only after approval is issued by the PVSC.
O.
Groundwater. Any groundwater, whether contaminated
or uncontaminated, unless specifically authorized by the PVSC.
P.
Stormwater. Any stormwater, whether contaminated or
uncontaminated, unless specifically authorized by the PVSC.
A.
No person shall discharge, deposit or cause or allow
to be discharged or deposited into the treatment works or public sewer
any waste which violates any pretreatment standard. As pretreatment
standards for toxic or other hazardous pollutants are promulgated
by the USEPA for a given industrial category, all industrial users
within that category shall conform to the USEPA timetable as well
any numeric limitations imposed by the USEPA. When the PVSC adopts
a local limit that affects the discharge from any user, that limitation
shall apply to the affected user. The failure of the PVSC to modify
the applicable permit prior to its listed expiration date shall not
exempt the user from compliance.
B.
In addition, a user shall comply with any more stringent
standards or limits as determined by the PVSC, NJDEP or USEPA. The
PVSC may impose case-by-case limitations on individual permittees
using its best professional judgment when necessary to prevent the
upset or interference with the PVSC treatment process or pass-through
of pollutants which may impair its ability to meet effluent, sludge
or air pollution limits or to protect treatment plant worker health
and safety. The PVSC may also adjust the local limits to permit emission
trading as described in Appendix B, Section B-104.[1]
[1]
Editor's Note: Appendix B, Pretreatment Limitations, is included at the end of this chapter.
C.
When PVSC local pretreatment limits become effective,
except as modified herein, all affected users shall submit baseline
monitoring reports, compliance schedules and compliance reports as
described in the Federal General Pretreatment Regulations, 40 CFR
403.12, and Appendix B.[2] All affected users shall submit a baseline monitoring
report, as defined in 40 CFR 403.12(b) and (c), except that this report
shall be submitted to the PVSC within ninety (90) days of the effective
date. The PVSC may, for a compelling reason, modify the requirements
contained in the federal regulations on a case-by-case basis, in order
to address an individual situation. Local pretreatment limitations
established by the PVSC shall be contained in Appendix B.
[2]
Editor's Note: Appendix B, Pretreatment Limitations, is included at the end of this chapter.
A.
If, for any reason, the discharge from a user does
not comply with or will be unable to comply with any prohibitions
or limitations contained in these Rules and Regulations, municipal
ordinance or the permit, the user shall notify the Chief Executive
Officer within two (2) hours after becoming aware of the incident
so that corrective action may be taken to protect the treatment works.
B.
An upset shall constitute an affirmative defense to
an action brought for noncompliance if the following requirements
are met. A user who wishes to establish the affirmative defense of
upset shall demonstrate, through properly signed, contemporaneous
operating logs or other relevant evidence, that:
(1)
An upset occurred and the user can identify the cause(s)
of the upset;
(2)
The facility was at the time being operated in a prudent
and workmanlike manner and in compliance with applicable operations
and maintenance procedures; and
(3)
The user has submitted the following information to
the PVSC within twenty-four (24) hours of becoming aware of the upset,
except that a written submission must be provided within five (5)
days if the information is provided verbally:
(a)
A description of the indirect discharge and
cause of the noncompliance.
(b)
The period of noncompliance, including exact
dates and time, or, if not corrected, the anticipated time the noncompliance
is expected to continue.
(c)
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
C.
The industrial user seeking to establish the occurrence
of an upset shall have the burden of proof. The user shall control
production on all discharges to the extent necessary to maintain compliance
with the prohibitions or limitations upon reduction, loss or failure
of its pretreatment facility until it is restored or an alternative
method of treatment is provided. This requirement shall apply to the
situation where, among other things, the primary source of power to
the pretreatment facility is reduced, lost or fails.
A.
A pretreatment facility or device may be required
by the Chief Executive Officer to treat or monitor industrial wastes
prior to discharge to the public sewer or PVSC treatment works. Where
pretreatment or construction necessary to control or monitor wastes
is required, prior to the issuance of or as prescribed in the permit,
schematics, detailed plans and specifications, process descriptions
and other pertinent data or information relating to such pretreatment
facility or device shall first be filed with the Chief Executive Officer.
Such filing shall not exempt the user nor the facility from compliance
with any applicable code, ordinance, rule, regulation or order of
any governmental authority or from these Rules and Regulations. Any
subsequent alterations or additions to such pretreatment or flow-control
facilities shall not be made without notice to the PVSC and, where
required, submission of detailed plans and specifications.
B.
If inspection of pretreatment facilities and devices
by authorized personnel of the PVSC reveals such systems are not installed
or operating in conformance with the plans and procedures submitted
to the PVSC or are not operating in compliance with the effluent limitations
required by the PVSC, the industrial user shall make those modifications
necessary to meet those requirements. All pretreatment systems judged
by the Chief Executive Officer to require engineering design shall
have plans prepared and signed by an engineer of suitable discipline.
If pretreatment or control of waste flows is required, such facilities
shall be maintained in good working order and operated as efficiently
as possible by the owner or operator at his own cost and expense,
subject to the requirements of these Rules and Regulations and all
other applicable codes, ordinances and laws.
A.
Unless a different schedule is specified in the permit,
each affected user shall submit a user charge self-monitoring report
monthly on forms provided or specified by the PVSC. Each report shall
be due twenty-one (21) days after the reporting period ends. If the
21st day falls on a Saturday, Sunday or PVSC holiday, then the report
shall be due on the next PVSC workday following. A report shall be
submitted for each outlet as specified in the permit.
B.
If a user fails to submit a user charge self-monitoring
report as required by his permit, the Chief Executive Officer shall
estimate the use for that period. Estimates for reports due in October
may be made within five (5) working days after the due date. If a
user fails to submit a user charge self-monitoring report and the
Chief Executive Officer estimates the usage for that period, this
estimate shall become the current year actual usage for that period,
and no adjustment shall be made. In addition, no adjustments shall
be made to the next year estimated usage if the estimate is prepared
using this method.
C.
Each user whose permit requires him to do so shall
submit a periodic pretreatment discharge monitoring report on forms
provided or specified by the PVSC. These reports are due thirty-five
(35) days after the reporting period ends.
D.
The pretreatment discharge monitoring report may include
but, at the discretion of the Chief Executive Officer, shall not be
limited to nature of processes, volume, rates of flow, mass discharge
emission rate, production quantities, hours or days of operation,
concentrations of pollutants or other information necessary to demonstrate
compliance with applicable pretreatment limitations.
E.
All industrial users subject to Federal Categorical
Pretreatment Standards shall, at a minimum, comply with the reporting
requirements contained in 40 CFR 403.12 and subsequent revisions,
including but not limited to baseline monitoring reports, compliance
progress reports, compliance date reports and periodic self-monitoring
reports.
F.
Individual analytical results for BOD, TSS or any
other parameter as required by the permit shall be reported on the
date that the sample was removed from the sampling device for analysis.
(For example, if a sampling device drew a sample from 8:00 a.m. Monday
to 8:00 a.m. Tuesday and it was removed on Tuesday for analysis, then
the sample would be dated Tuesday).
G.
Any user may meet the due date requirement for submission
of a report by submitting the document via facsimile or electronic
data submission, provided that the document is received at the PVSC
administrative offices between the hours of 8:30 a.m. and 4:00 p.m.
on any date up to and including the due date. In addition, a hard
copy of this same report shall be due within four (4) days of the
transmission of the facsimile or electronic data submission. The hard
copy shall also contain a notation indicating the date and time the
report was transmitted via facsimile or electronic data submission.
Failure to submit the hard copy within four (4) days specified shall
result in the report being considered as not having been received
and shall constitute a violation of these Rules and Regulations.
H.
The following procedure shall be used when reporting
analytical results:
(1)
The pollutant limit will define the precision, or
number of digits to the right or left of the decimal point, to be
reported.
(2)
Calculated results shall be rounded off to the same
precision as defined for that pollutant in the limit.
(3)
Zeros in the pollutant limit are included in order
to determine the precision.
(4)
The following procedure shall be followed when rounding
off results:
(a)
Round off by dropping digits that are irrelevant.
If the digit 6, 7, 8 or 9 is to be dropped, increase the preceding
digit by one (1) unit.
(b)
If the digit 0, 1, 2, 3 or 4 is to be dropped,
do not alter the preceding digit.
(c)
If the digit 5 is to be dropped, round off the
preceding digit to the nearest even number (2.25 becomes 2.2 while
2.35 becomes 2.4).
I.
The PVSC shall, by resolution, define key fields on
various periodic report forms. These key fields must be accurate at
the time the report is received at the PVSC. Errors or omissions in
any key field will subject the permittee to mandatory minimum fines.
This fine is in addition to any other fine to which the permittee
may be subject. If the PVSC returns an incomplete report to a permittee
with a request that it be completed and resubmitted to the PVSC, the
permittee shall be subject to a fine for a late report as defined
in Appendix C[1] if the corrected report is not received within the time
period specified. Appendix C contains the fine schedule.
[1]
Editor's Note: Appendix C, Fines, is included at the end of this chapter.
A.
All industrial users who discharge or propose to discharge
waste to the PVSC treatment works shall maintain such records as are
necessary to demonstrate compliance with the requirements of these
Rules and Regulations, any permit and any applicable State or Federal
Pretreatment Standards or requirements.
B.
Such records shall be made available upon request
by the Chief Executive Officer. All such records relating to compliance
with pretreatment standards shall be made available to officials of
the NJDEP and officials of the USEPA upon demand. A summary of such
data indicating the industrial user's compliance with these Rules
and Regulations shall be prepared and submitted to the Chief Executive
Officer as designated in the permit, utilizing forms contained in
Appendix D.[1]
[1]
Editor's Note: The forms are available at
the office of the City Clerk.
C.
Each designated industrial user shall install, at his own cost and expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of industrial wastes. Such equipment shall be kept safe, secured from unauthorized entry or tampering and accessible at all times. Except as provided for in Subsection E, monitoring equipment shall be calibrated as recommended by the manufacturer, except that LEL recorders shall be calibrated daily and pH recorders shall be calibrated at least weekly, whichever is more frequent.
D.
Notwithstanding the requirements of §§ A505-24 and A505-25, a user shall notify the PVSC as soon as possible, but in no case later than two (2) hours from becoming aware of it, if a sampling, monitoring, recording or other device required in accordance with these Rules and Regulations becomes inoperable. Unless modified by the PVSC, the user shall submit a written report to the PVSC, Attention: Industrial and Pollution Control Department, within five (5) working days of the occurrence, detailing what occurred, why it happened, what will be done to correct the problem and a date when the problem will be corrected. If corrective action is expected to take more than two (2) months from the date of the occurrence, the user shall submit monthly progress reports until such times as the problem is corrected. This provision shall not apply during flow meter calibration or to other instrument calibrations that do not exceed thirty (30) minutes.
E.
An industrial user who claims a lower discharge volume than is indicated by his water consumption, due to retention of water in his product, discharge to a storm sewer, river or ditch, a higher evaporation rate than is allowed by the PVSC or for other reasons, shall provide the PVSC with an acceptable method for accurately determining his discharge volume to the sanitary sewer. An industrial user with more than one (1) discharge point to the sanitary sewer shall provide the PVSC with accurate discharge volumes for each outlet. In the event that the PVSC determines that said volumes are not accurate, the Chief Executive Officer may require the installation of flow measuring equipment. Unless this requirement is modified by the individual permit, flow measuring devices, used in determination of effluent volumes and which are required to be installed in accordance with Subsection C, shall be calibrated annually, or more frequently if recommended by the manufacturer. The PVSC may require a user to notify the PVSC at least seven (7) days prior to any flow meter calibration.
F.
When more than one (1) industrial user can discharge
into a common sewer, the Chief Executive Officer may require installation
of separate monitoring equipment for each industrial user. When there
is a significant difference in wastewater constituents and characteristics
produced by different operations of a single industrial user, the
Chief Executive Officer may require that separate monitoring facilities
be installed for each separate discharge.
A.
Compliance determinations with respect to any permit
prohibitions and limitations may be made by the PVSC on the basis
of instantaneous grab samples, sequential samples or composite samples
of the waste stream or on vapors emanating from the waste stream.
Sequential or composite samples may be taken over a twenty-four-hour
period or even a longer or shorter time span, as deemed necessary
by the Chief Executive Officer, to meet the needs of specific circumstances.
B.
The PVSC may inspect the monitoring facilities of an industrial user at any time to determine compliance with the requirements of these Rules and Regulations as specified in § A505-4. In any event, the PVSC shall conduct at least one (1) inspection and sampling visit per calendar year at each permittee, excluding those users issued a temporary permit or letter of authorization.
C.
An industrial user may demonstrate compliance with
a categorical pretreatment limit by certifying nonuse only if permitted
in the applicable regulation. A user may demonstrate compliance with
a state or local limit by certifying nonuse, as described herein,
unless prohibited by the applicable regulations. Prior to claiming
nonuse, the user shall analyze at least three (3) separate, daily
composite samples for the regulated pollutants over a two-week period.
The user shall then submit the result of the analyses with the following
statement in its next required report. The statement shall read: "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
persons who manage the system or those persons directly responsible
for gathering the information, the information submitted, to the best
of my knowledge, information and belief, is 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." [403.6(a)(2)(ii) revised by 53 FR 40610, October
17, 1988]
D.
The PVSC will accept the certification described in Subsection C above, provided that the concentration of the affected pollutants is at or below the threshold value specified in Appendix B, Table B-2.[1] The industrial user shall continue to submit this certification
for each subsequent monitoring period during which it applies, using
the wording as described above.
[1]
Editor's Note: Table B-2 is located in Section
B-103.3 of Appendix B, included at the end of this chapter.
A.
Laboratory analysis of industrial waste samples shall
be performed by laboratories certified by the NJDEP in wastewater
analyses for the parameters to be analyzed. Test procedures identified
in 40 CFR 136, Test Procedures for the Analysis of Pollutants, shall
be utilized for all analyses.
B.
All laboratory procedures, other than those permitted
by 40 CFR 136, shall be considered as alternate procedures. The Chief
Executive Officer may permit an industrial user to substitute an alternate
procedure, provided that the USEPA had previously approved use of
the method by the laboratory performing the analysis and a suitable
application had been submitted to the PVSC. Acceptable comparability
data shall be included in the application.
C.
Sample collection, handling and preservation techniques
contained in 40 CFR 136 shall be followed for all parameters. Samples
shall be maintained within the range of one degree Centigrade (1°
C.) to four degrees Centigrade (4° C.) while being collected,
after collection and during transport to the laboratory for analysis.
Suitable logs and/or records shall be maintained at the monitoring
station and at the analyzing laboratory to demonstrate proper temperature
control.
A.
Industrial wastes shall be sampled and analyzed by
the user for user charge and, where required, pretreatment. The frequency
of sampling and analysis shall be specified in the permit and shall
be based on frequencies contained in federal, state and local regulations.
The Chief Executive Officer may increase the frequency on a temporary
basis if deemed necessary to verify data submitted by the user or
to aid in determining the user's compliance with these Rules and Regulations.
B.
If a permittee analyzes his industrial wastes for
parameters not required in the permit or at a greater frequency than
specified in the permit, these results shall also be included in the
periodic monitoring reports submitted to the PVSC.
A.
In order to fulfill its responsibilities under federal
and state laws and regulations, the PVSC shall develop and implement
an enforcement response plan (ERP), hereinafter referred to as the
"plan." The plan shall be incorporated into the PVSC Rules and Regulations
by a resolution of the Commissioners and shall be subject to modification
as needed in order to keep it consistent with federal and/or state
laws and regulations. This plan shall contain detailed procedures
indicating how the PVSC will investigate and respond to instances
of user noncompliance.
B.
At a minimum, it shall:
(1)
Describe how the PVSC will investigate instances of
noncompliance.
(2)
Describe the types of escalating enforcement responses
the PVSC will take in response to all anticipated types of user violations
and the time periods within which response will take place.
(3)
Identify by title the official(s) responsible for
implementing each type of enforcement response.
(4)
Adequately reflect the PVSC's primary responsibility
to enforce all applicable pretreatment requirements and standards,
as provided in 40 CFR 403.8(f)(1) and (2) and any subsequent changes.
A.
A user is in significant noncompliance (SNC) if its
violation(s) meet one (1) or more of the following criteria:
(1)
Chronic violations of pretreatment standards.
(2)
Technical review criteria (TRC) violations.
(3)
Any other violation of a pretreatment standard that
the PVSC determines caused, alone or in combination with other discharges,
interference or pass-through.
(4)
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the PVSC's exercise of its emergency authority under § A505-20 of these Rules and Regulations.
(5)
Failure to meet within ninety (90) days of the scheduled
date a compliance schedule milestone contained in its permit, enforcement
order or consent order for starting construction or completing construction.
(6)
Failure to provide, within thirty (30) days of the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules.
(7)
Failure to accurately report noncompliance.
(8)
Any other violation or group of violations which the
PVSC determines will adversely affect the operation or implementation
of the local pretreatment program.
B.
A user who is in significant noncompliance as defined
in this section is not necessarily a significant noncomplier as defined
by New Jersey Statutes or regulations.
