[Ord. 1840, 12/9/1996, § 401]
It shall be unlawful to discharge or connect into any sanitary
sewer within the Borough without a Borough permit or in any area under
the jurisdiction of said Borough or to the POTW any wastewater except
as authorized in writing by the Borough in accordance with the provisions
of this chapter.
[Ord. 1840, 12/9/1996, § 402]
1.
All significant industrial users shall obtain a user permit before
connecting to or contributing to the POTW. Other users may be subjected
to an issuance of a user permit based on the definition of Class 2
user.
2.
The Borough and/or the Borough shall require a user of sanitary sewer
services to provide information needed to determine compliance with
this chapter or other applicable local, State or Federal laws, rules
or regulations. These requirements may include:
A.
Wastewater discharge peak rate and volume records over a specified
time period.
B.
Information on raw materials, processes and products affecting wastewater
volume and quality.
C.
Quantity and disposition of specific liquid, sludge, oil, solvent
or other materials important to sanitary sewer use control.
D.
A plot plan of sanitary sewers on the user's property showing sanitary
sewer facility locations and all proposed sanitary sewer connections
to these facilities.
E.
Details of systems to prevent and control stormwater from entering
the Borough's POTW.
F.
All costs incurred for the information described in this chapter
shall be paid by the user of the sanitary sewer services in addition
to other charges and sanitary sewer rentals.
3.
All measurements tests and analyses of the characteristics of waters
and wastewaters to which reference is made in this Part shall be determined
in accordance with the Federal Regulations Test Procedures as found
in 40 CFR, Part 136. If 40 CFR, Part 136, does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analysis must be performed in accordance with procedures approved
by EPA. Sampling methods, location, times, duration and frequencies
are to be determined on an individual basis, subject to approval by
the Borough. All sampling and analysis conducted must be based on
data that is representative of conditions occurring during the reporting
period.
4.
The user shall be responsible for submitting all applicable county,
regional, State or Federal permits or planning documents required
for approval of sanitary sewer connection.
[Ord. 1840, 12/9/1996, § 403; as amended by Ord.
2053, 7/14/2008]
1.
Permit Application. An industrial user which is required to obtain
an industrial user permit shall complete an application, which shall
be submitted to the Borough. The fee for the permit application is
established by the Pottstown Borough fee resolution. The application
form shall include the following information:
A.
Name, address and location (if different from the address) of applicant
and the name of the operator and owner of the plant.
B.
SIC number, according to the Standard Industrial Classification Manual,
Bureau of the Budget 1972, as amended.
C.
Wastewater constituents and characteristics including, but not limited to, those mentioned in Part 2 of this chapter, as determined by a reliable analytical laboratory, sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(G) of the Act and contained in 40 CFR, Part 136, as amended. Both daily maximum and average concentration (or mass, where required) shall be reported.
D.
Time and duration of contribution.
E.
Average daily and three-minute peak wastewater flow rates, including
daily, monthly and seasonal variation, if any.
F.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sanitary sewers, sanitary sewer connections and appurtenances
by the size, location and elevation.
G.
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
H.
The nature and concentration of any pollutants in the discharge which
are limited by any Borough, State or Federal pretreatment standards
and a statement regarding whether there is compliance with pretreatment
standards on a consistent basis, and if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the industrial user to meet applicable pretreatment standards.
Pretreatment standards applicable to each regulated process shall
be identified. A statement shall be included reviewed by an authorized
representative of the industrial user certified by a qualified professional
indicating whether pretreatment standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance and/or
additional pretreatment is required for the user to meet the pretreatment
standards and requirements.
I.
If additional pretreatment and/or O&M will be required to meet
the pretreatment standards, the shortest schedule by which the industrial
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 use 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) shall exceed nine
months.
(3)
No later than 14 days following each date in the schedule and
the final date for compliance, the industrial user shall submit a
progress report to the Borough, including, as a minimum, whether it
complies with the increment of progress to be met on such date, and
if not, the date on which it expects to comply with this increment
of progress; the reason for delay, and the steps being taken by the
industrial user to return the construction to the established schedule.
In no event shall more than nine months elapse between such progress
reports to the Borough.
J.
Each product produced by type, amount, process or processes and rate
of production.
K.
Type and amount of raw materials processed (average and maximum per
day).
L.
Number and type of employees and hours of operation of plant, and
proposed or actual hours of operation of pretreatment system.
M.
A list of any environmental control permits held by or for the facility.
N.
Any other information as may be deemed by the Borough to be necessary
to evaluate the permit application.
|
The Borough will evaluate the data furnished by the industrial
user and may require additional information. After evaluation and
acceptance of the data furnished, the Borough may issue an industrial
user permit subject to terms and conditions provided herein.
|
2.
Individual Permit.
A.
All Class 1 and Class 2 industrial users and such other users as
the Borough determines, shall obtain an industrial user permit before
connection to or contributing to the POTW. All existing industrial
users connected to or contributing to the POTW shall apply for an
industrial user permit within 30 days after the effective date of
this chapter.
B.
Where a user becomes subject to a new National Categorical Pretreatment
Standard, but has not previously submitted an application for an industrial
user permit as required by subsection (2), the user shall apply for
an industrial user permit within 180 days after the promulgation of
the applicable National Categorical Pretreatment Standard.
C.
General permits may be issued to significant industrial users as
approved by the Borough as long as specific conditions are met. The
SIU must file a written request for coverage that identifies the following:
(1)
Contact information;
(2)
Production processes;
(3)
Types of waste generated;
(4)
Location for monitoring all wastes covered by general control
mechanisms;
(5)
Any requests in accordance with 40 CFR 403.12(e)(2) for a monitoring
waiver for a pollutant neither present nor expected to be present
in the discharge; and
(6)
Any other information.
3.
Permit Modifications. Upon the promulgation of a National Categorical
Pretreatment Standard, the industrial user permit of industrial users,
subject to such standards, shall be revised to require compliance
with such standard within the time frame prescribed by such standard.
4.
Permit Condition. Industrial user permits shall be expressly subject
to all provisions of this permit and all other applicable regulations,
user charges and fees established by the Borough by way of a separate
ordinance. The permit may contain the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sanitary sewer.
B.
Effluent limits, including BMP, based on applicable general pretreatment
standards in Part 403, categorical pretreatment standards, local limits
and state and local law.
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements, including an identification of the pollutants to be
monitored [including the process for seeking a waiver of a pollutant
neither present nor expected to be present in the discharge in accordance
with 40 CFR 403.12(e)(2) or a specific waived pollutant in the case
of an individual control mechanism], sampling location, sampling frequency
and sample type, based upon the applicable general pretreatment standards
in 40 CFR Part 403, categorical pretreatment standards, local limits
and State and local law.
F.
Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
G.
Requirements for submission of technical reports or discharge reports
(see subsection (4)).
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Borough and affording
the Borough access thereto.
I.
Requirements for notification of the Borough of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
J.
Requirements for notification and control of slug discharges as per § 403, Subsection 7C, of this Part.
K.
Other conditions as deemed necessary by the Borough to ensure compliance
with this chapter. The Borough may include conditions regarding duration,
nontransferability and applicable civil and criminal penalties as
provided in 40 CFR § 403.8 (F)(1)(iii) (A, B and E).
5.
Permits Duration. Permits shall be issued for a specific 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
industrial user shall apply for permit reissuance a minimum of 180
days prior to the expiration of the industrial user's existing permit.
The terms and conditions of the permit may be subject to modification
by the Borough during the term of the permit, as limitations or requirements
as identified in Part 2 are modified, or other just cause exists.
The industrial 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.
6.
Permit Transfer. Industrial user permits are issued to a specific
industrial user for a specific operation. An industrial user permit
shall not be reassigned or transferred or sold to a new owner, new
industrial users, different premises or a new or changed operation
without the written approval of the Borough. Any succeeding owner
shall also comply with the terms and conditions of the existing permit.
7.
Reporting Requirements in Permits.
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 industrial user, subject to pretreatment standards
and requirements, shall submit to the Borough 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. 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 industrial user into compliance with the applicable pretreatment
standards or requirements and conditions set forth in § 403(1)(I)
of this Part. This statement shall be signed by an authorized representative
of the industrial user and certified by a qualified professional.
B.
Periodic Compliance Report.
(1)
Any industrial user, whether categorical or noncategorical,
subject to a pretreatment standard, after the compliance date of such
pretreatment standard or, in the case of new source, after commencement
of discharge to the POTW, shall submit to the Borough during the months
of June and December, unless required more frequently in the pretreatment
standard or by the Borough, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such pretreatment
standard. In addition, this report shall include a record of all daily
flow which, during this reporting period, exceeded the average daily
flow allowed in the permit. This report shall be signed by an authorized
representative of the industrial user and certified by a qualified
professional. In cases where the pretreatment standard requires compliance
with a best management practice (or pollution prevention alternative),
the user shall submit documentation required by the control authority
or the pretreatment standard necessary to determine the compliance
status of the user. At the discretion of the Borough and in consideration
of such factors as local high or low flow rates, holidays, budget
cycles, etc., the Borough may agree to alter the months during which
the above reports are to be submitted.
(2)
The control authority may authorize the 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. This authorization is subject to the following
conditions:
(a)
The control authority may authorize a waiver 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.
(b)
The monitoring waiver is valid only for the duration of the
effective period of the permit or other equivalent individual control
mechanisms, 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 control mechanism.
(c)
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. The request for a monitoring waiver must be signed in accordance with Subsection B(1) of this section and include the certification statement in 40 CFR 403.6(a)(2)(ii). Nondetectable sample results may only be used 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.
(d)
Any grant of the monitoring waiver by the control authority
must be included as a condition in the user's control mechanism. 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.
(e)
Upon approval of the monitoring waiver and revision of the user's
control mechanism by the control authority, the industrial user must
certify on each report, with the statement below, that there has been
no increase in the pollutant in its waste stream due to activities
of the industrial 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 pollutants) in the wastewaters
due to the activities at the facility since filing of the last periodic
report under 40 CFR 403.12(e)(1).
|
(f)
In the event that a waived pollutant is found to be present
or is expected to be present based on changes that occur in the user's
operations, the user must immediately, comply with the monitoring
requirements of 40 CFR 403.12(e)(1) or other more-frequent monitoring
requirements imposed by the control authority and notify the control
authority.
(g)
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
(3)
The control authority may reduce the requirement in 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 approval
authority, where the industrial user meets all of the following conditions:
(a)
The industrial user's total categorical wastewater flow does
not exceed any of the following:
1)
One 0.01% of the design dry-weather hydraulic capacity 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;
2)
One 0.01% of the design dry-weather organic treatment capacity
of the POTW; and
3)
One 0.01% of the maximum allowable headworks loading for any
pollutant regulated by the applicable categorical pretreatment standards
for which approved local limits were developed by a POTW in accordance
with 40 CFR 403.5(c) and 40 CFR 403.12(d).
(b)
The industrial user has not been in significant noncompliance,
as defined in 40 CFR 403.8(f)(2)(viii), for any time in the past two
years.
(c)
The industrial user does not have daily flow rates, production
levels, or pollutant levels that vary so significantly that decreasing
the reporting requirement for this industrial user would result in
data that is not representative of conditions occurring during the
reporting period pursuant to 40 CFR 403.12(g)(3).
(d)
The industrial user must notify the control authority immediately
of any changes at its facility causing it to no longer meet conditions
of 40 CFR 403(a)(3)(i) or (ii). Upon notification, the industrial
user must immediately begin complying with the minimum reporting in
40 CFR 403.12(e)(1).
(e)
The control authority has imposed mass limitations on industrial
users as provided for by this chapter. The report required by this
section shall indicate the mass of pollutants regulated by pretreatment
standards in the discharge from the industrial user.
(4)
The Borough may impose mass limitations on industrial users,
whether categorical or noncategorical, which are using dilution to
meet applicable pretreatment standards or requirements or in other
cases where the imposition of mass limitations is appropriate. In
such cases, the report required by this Part, shall indicate the mass
of pollutants regulated by pretreatment standards in the effluent
of the industrial user. These reports shall contain the results of
sampling and analysis of the discharge, including the flow and nature
and concentration of production and mass where requested by the Borough,
of pollutants contained therein which are limited by the applicable
pretreatment standards. The frequency of monitoring shall be prescribed
in the applicable pretreatment standard. All analysis shall be performed
in accordance with procedures established by the administrator pursuant
to § 304(g) of the Act, and contained in 40 CFR, Part 136,
and amendments thereto, or with any other test procedures approved
by the administrator. Sampling shall be performed in accordance with
the techniques approved by the administrator. The reports required
by this subsection shall be signed by an authorized representative
of the industrial user and certified by a qualified professional.
C.
Notice of Potential Problems, Notice of Violation, Resampling Requirement,
Notification of Discharge of Hazardous Wastes, Submission of All Monitoring
Data.
(1)
Notice of potential problems, including slug loading. All categorical
and noncategorical industrial users shall notify the POTW immediately
of all discharges that could cause problems to the POTW, including
any slug loadings, or changes affecting potential for a slug discharge,
as defined by § 102 of this chapter, by the industrial user.
[Amended by Ord. No. 2211, 4/11/2022]
(2)
Monitoring and Analysis to Demonstrate Compliance. If sampling
performed by an industrial user indicates a violation, the user shall
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 results of the repeat analysis to the Control Authority
within 30 days after becoming aware of the violation, except the industrial
user is not required to resample if: (i) the Control Authority performs
sampling at the industrial user at a frequency of at least once per
month, or (ii) the Control Authority performs sampling at the user
between the time when the user performs its initial sampling and the
time when the user receives the results of this sampling. If an industrial
user subject to the reporting requirements in 40 CFR § 403.12(E)
monitors any pollutant more frequently than required by the Control
Authority, using the procedures prescribed in 40 CFR § 403.12(G)(4),
the results of this monitoring shall be included in the report.
(3)
Notification of Discharge of Hazardous Waste and Submission
of All Monitoring Data.
(a)
The industrial user shall notify the POTW, the EPA Regional
Waste Management Division Director and State hazardous waste authorities
in writing of any discharge into the POTW of a substance, which, if
otherwise disposed of, would be hazardous waste under 40 CFR, Part
261. Such notification must include the name of the hazardous waste
as set forth in 40 CFR, Part 261, the EPA hazardous waste number,
and the type of discharge (continuous, batch or other). If the industrial
user discharges more than 100 kilograms of such waste per calendar
month to the POTW, the notification shall also contain the following
information to the extent such information is known and readily available
to the industrial user. An identification of the hazardous constituents
contained in the wastes, an estimation of the mass and concentration
of such constituents in the waste stream discharged during that calendar
month, and an estimation of the mass of constituents in the waste
stream expected to be discharged during the following 12 months. All
notifications must take place within 180 days of the effective date
of this rule. Industrial users who commence discharging after the
effective date of this rule shall provide the notification no later
than 180 days after the discharge of the listed or characteristic
hazardous waste. Any notification under this subsection need be submitted
only once for each hazardous waste discharged. However, notification
of changed discharges must be submitted under 40 CFR § 403.12(j).
The notification requirement in this section does not apply to pollutants
already reported under selfmonitoring requirements of 40 CFR § 403.12(b),
(d) and (e).
(b)
Dischargers are exempt from the requirements of the preceding
subsection during a calendar month in which they discharge no more
than 15 kilograms of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 CFR § 261.30(d) and § 261.33(e).
Discharge of more than 15 kilograms of nonacute hazardous wastes in
a calendar month or of any quantity of accrue hazardous wastes in
a calendar month, or of any quantity of acute hazardous wastes as
specified in 40 CFR 261.30(d) and § 261.33(e), requires
a one time notification.
(c)
Subsequent months during which the industrial user discharges
more than such quantities of any hazardous waste do not require additional
notification.
(d)
In the case of any new regulations under § 3001 of
RCRA, identifying additional characteristics of hazardous wastes or
listing any additional substance as a hazardous waste, the industrial
user must notify the POTW, the EPA Regional Waste Management Waste
Division Director; and site hazardous waste authorities of the discharge
of such substance within 90 days of the effective date of such regulations.
(e)
In the case of any notification made under this chapter, the
industrial user shall certify that it has a program in place to reduce
the volume and toxicity of hazardous wastes generated to the degree
it has determined to be economically practical.
(4)
Baseline
Monitoring Report Submission. In accordance with 40 CFR 403.12(b),
within 180 days after the effective date of the categorical pretreatment
standard, existing industrial users subject to such categorical pretreatment
standards and currently discharging to or scheduled to discharge to
a POTW shall be required to submit to the Control Authority a report
which contains the information listed below. New sources and sources
that become industrial users subsequent to the promulgation of an
applicable categorical standard, shall be required to submit to the
Control Authority a report which contains the information below. New
sources shall also be required to include in the report information
on the method of pretreatment the source intends to use to meet applicable
pretreatment standards. Requirements for the Baseline Monitoring Reports:
[Added by Ord. No. 2211, 4/11/2022]
(a)
Identifying information. Name and address of the facility, including
the name of the operator and owners.
(b)
Permits. Submit a list of any environmental control permits
held by or for the facility.
(c)
Description of operations. Submit a brief description of the
nature, average rate of production and standard industrial classification
of the operation(s) carried out by the industrial user. Schematic
process diagram should be included.
(d)
Flow measurement. Measured average daily and maximum daily flow,
in gallons per day, to the POTW from each of the following:
(e)
Measurement of pollutants:
1)
The user shall identify the pretreatment standards applicable
to each required process.
2)
The user shall submit results of sampling and analysis identifying
the nature and concentration (or mass) of the regulated pollutants
in the discharge from each regulated process. Both daily maximum and
average concentration shall be reported. The sample shall be representative
of daily operations.
3)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements.
4)
Samples should be taken downstream from pretreatment facilities
or regulated process. Combined wastestream formula should be used
when other wastewaters are mixed with regulated wastewater prior to
pretreatment.
5)
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR 136 or by using validated analytical
methods and applicable sampling and analytical procedures if 40 CFR
Part 136 methods are inappropriate for pollutant in question.
6)
POTW may allow submission of baseline report which utilizes
only historical data so long as the data provides information sufficient
to determine the need for industrial pretreatment measures.
7)
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.
(f)
Certification. A statement indicating whether pretreatment standards
are being met on a consistent basis and if not, whether additional
operation and maintenance and/or additional pretreatment is required
for the industrial user to meet the pretreatment standards and requirements.
(g)
Compliance Schedule. If additional pretreatment and/or O/M will
be required to meet the pretreatment standards; the shortest schedule
by which the industrial user will provide such additional pretreatment
and O/M. The completion date in this schedule shall not be later than
the compliance date established for the applicable pretreatment standard.
D.
Record-Keeping Requirements.
(1)
Any industrial user subject to the reporting requirements established
in this section shall maintain records of all information resulting
from any monitoring activities required by this section. Such records
shall include all samples:
(2)
Any industrial user subject to the reporting requirements established
in this section shall be required to retain for a minimum of three
years any records of monitoring activities and results (whether or
not such monitoring activities are required by this section) and shall
make such records available for inspection and copying by the Director
and the Regional Administrator (and POTW in the case of an industrial
user). This period of retention shall be extended during the course
of any resolved litigation regarding the industrial user or POTW or
when requested by the Director or the Regional Administrator.
8.
Certification Statement. The reports required by subsection (7) of this § 403 shall be accompanied by a specific certification statement as established by 40 CFR § 403.6(a)(2)(ii).
9.
Monitoring Facilities. Persons or occupants of premises where wastewater
is created or discharged shall allow the Borough, or their representative,
ready access at any time to all parts of the premises for the purpose
of inspection, sampling, records examination, copying of records or
in the performance of any of their duties.
10.
Right to Require Installation of Monitoring Equipment and Right to
Implement Monitoring Procedures. The Borough POTW has the right to
require installation of monitoring equipment and has the right to
carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by industrial users,
compliance or noncompliance with applicable pretreatment standards
and requirements by industrial users. Representatives of the Borough
POTW shall be authorized to enter any premises of any industrial user
in which a discharge source or treatment system is located or in which
records are required to be kept under 40 CFR § 403.12(M)
to assure compliance with pretreatment standards. Such authority shall
be at least as extensive as the authority provided under § 308
of the Act.
[Ord. 1840, 12/9/1996, § 404; as amended by Ord.
2053, 7/14/2008]
1.
Users and industrial 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 the Borough 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 Borough for review and shall
be acceptable to the Borough 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 Borough under the provisions
of this chapter. Any new or increased pollutants, subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be accepted by the Borough prior to the user's or industrial
user's initiation of the changes.
2.
The Borough shall publish in a newspaper of general circulation that
provides meaningful public notice within the jurisdiction served by
the POTW any industrial user which is in significant noncompliance
and/or has continually exceeded discharge limits during the past 12
months. The publication shall also summarize any enforcement action
taken against the industrial user during the same 12 months. Reference:
40 CFR 403.8(f)(2)(VII).
3.
Users and industrial users subject to the record keeping requirements
of this section shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
or reporting requirements required in this chapter, including any
monitoring activities undertaken by the user or industrial user independent
of these requirements. Records shall include the exact date and time
of sampling, the date and time of analysis, the name of the person(s)
collecting and analyzing all samples, the methodology used in analyzing
the samples and the results of these analyses. These records should
be made available for a minimum of three years. In the matters of
litigation between the industrial user and the Borough or where specifically
requested by the EPA, the retention period shall be extended. All
records relating to compliance with pretreatment standards shall be
made available to officials of the EPA, the Borough or approval authority
upon request.
[Ord. 1840, 12/9/1996, § 405]
1.
Information and data on a user or industrial user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and free inspections shall be available to the public or other governmental
agency without restriction unless the user or industrial user specifically
requests and is able to demonstrate, to the satisfaction of the Borough,
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user or industrial user.
2.
When requested by the person furnishing a report, the portion of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made
available upon written request to governmental agencies for uses related
to this chapter, the National Pollutant Discharge Elimination System
(NPDES) permit, State disposal 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.
3.
Except for information the Borough is required to release to EPA,
information accepted by the Borough as confidential shall not be transmitted
to any governmental agency or to the general public by the Borough
until and unless a ten-day notification is given to the user or industrial
user.
[Ord. 1840, 12/9/1996, § 406]
1.
Bulk Wastewater Discharge. The Borough will accept trucked and hauled
wastewater exclusively from holding tanks upon prior permitting, analytical
and volume approval. The decision for approval will be at the sole
discretion of the Borough and shall be based on, but not limited to,
the concentration of biochemical oxygen demand, total suspended solids
and ammonia as nitrogen in connection with the volume of wastewater
to be discharged. In no instance shall a wastewater be discharged
to the POTW without prior approval by the Borough. All bulk wastewater
discharges shall be regulated through the Borough bulk wastewater
discharge program and, when applicable, the Borough MIPP.
2.
Septage Discharge. The Borough will accept trucked and hauled septage
whose source originates from residential, commercial or industrial
septic tanks/cesspools, which contain domestic wastes only, upon prior
permitting, characteristic and volume approval by the Borough. The
decision for approval will be at the sole discretion of the Borough
and shall be based on, but not limited to, the characteristics of
the septage in conjunction with the volume of septage to be discharged.
In no instance shall a septage wastewater be discharged to the POTW
without prior approval. All septage discharges shall be regulated
through the Borough septage discharge program and, when applicable,
the Borough MIPP.
3.
Discharge Points. The Borough shall designate, in writing, to all
bulk wastewater discharge haulers and septage discharge haulers, the
authorized discharge point(s) for trucked and hauled wastewater. All
such discharges, unless otherwise noted, must be made at the designated
point(s).
4.
Sampling and Analysis. The Borough may authorize sampling and analysis
by a certified contract laboratory for the purpose of waste source
approval if and when the WWTP laboratory is unable to analyze or analysis
is outside of its capabilities. The Borough will, unless otherwise
notified, perform all sampling and analysis for billing and monitoring
purposes.
5.
Permits for Discharge. The Borough will require permitting of all
bulk wastewater/septage generators and/or haulers. Permittees will
adhere to and obey all conditions stated in their individual permit.
Permits may include specific expiration dates. Any permittee not adhering
to the conditions stated in their permit shall have their permit revoked,
discharge privileges terminated or suspended and be responsible for
reimbursement to the Borough any fines and/or legal fees that shall
be levied against the Borough as a result of the bulk wastewater discharge
and/or septage discharge permit condition violation(s).
