It shall be unlawful to discharge without a permit to any natural
outlet within Hempfield Township, or in any area under the jurisdiction
of said Hempfield Township, and/or to the POTW any wastewater except
as authorized by Hempfield Township or THTMA in accordance with the
provisions of this chapter.
When requested by the general manager, a user must submit information
on the nature and characteristics of its wastewater within 60 days
of the request. The general manager is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
A.
General permits. All significant industrial users proposing to connect
to or to contribute to the POTW shall obtain a wastewater discharge
permit before connecting to or contributing to the POTW. Compliance
with applicable pretreatment standards and requirements by industrial
users is mandatory.
B.
Permit application. Industrial users required to obtain a wastewater
contribution permit shall complete and file with THTMA an application
in the form prescribed by THTMA and accompanied by a fee as determined
by THTMA. Existing industrial users shall apply for a wastewater contribution
permit within 30 days after the effective date of this chapter, and
proposed new sources shall apply at least 90 days prior to connecting
to or contributing to the POTW. In support of the application, the
industrial user shall submit, in units and terms appropriate for evaluation,
the following information:
(2)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of operations.
(a)
A description of the nature of activities, facilities and plant
processes on the premises including all materials which are or could
be discharged.
(b)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
(c)
Each product produced by type, amount, process processes and
rate of production;
(d)
Type and amount (average and maximum per day) of raw materials
processed;
(e)
Number and type of employees, hours of operation, and proposed
to actual hours of operation.
(f)
A complete set of site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by size, location and elevation;
(g)
The average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if applicable;
(4)
Time and duration of wastewater contribution;
(5)
The location for monitoring all wastes covered by the permit.
(6)
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 67A-7C (40 CFR 403.6).
(7)
Measurement of pollutants.
(a)
Wastewater constituents and characteristics including but not limited to those mentioned in Article II 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 Section 304(g) of the Act and contained in 40 CFR Part 136, as amended; laboratory analysis must be attached and submitted with the application;
(b)
Instantaneous, daily maximum, and long-term average concentrations,
or mass where required, shall be reported.
(c)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 67A-21 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the general manager or the applicable standards to determine compliance with the standard.
(e)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any municipal, 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 (O&M) and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards;
(f)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest compliance schedule
by which the industrial user will provide such additional pretreatment
or O & M. 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 the compliance schedule
requirement:
[1]
The compliance 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
facilities or O & M required for the industrial 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 B(7)(f)(1) shall exceed
nine months.
[3]
Not later than 14 days following each date in the compliance
schedule and the final date for compliance, the industrial user shall
submit a progress report to THTMA 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 delay, and the steps being taken
by the industrial 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.
[4]
The signature of an authorized representative of the industrial user and certification statement as expressed in 40 CFR 403.6(a)(2)(ii). If the designation of an authorized representative is no longer accurate because of a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the general manager prior to or together with any reports to be signed by the authorized representative. A facility determined to be a nonsignificant categorical industrial user by the general manager pursuant to § 67A-3 must annually submit the signed certification statement in § 67A-26.
[5]
Any other information as may be deemed by THTMA to be necessary
to evaluate the permit application. THTMA will evaluate the data furnished
by the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, THTMA may issue a
wastewater contribution permit subject to the terms and conditions
provided herein. The Authority may at its discretion deny issuance
of a permit to industrial users where such contributions of pollutants
do not meet applicable pretreatment standards and requirements or
where such contributions would not cause the POTW to violate its NPDES
permit.
(8)
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 67A-19B [40 CFR 403.12(e)(2)]
(9)
Any request to be covered by a general permit.
(10)
Any other information as may be deemed necessary by the general
manager to evaluate the permit application.
(11)
Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision.
C.
Permit requirements. Permits shall contain self-monitoring, sampling,
reporting, notification and recordkeeping requirements, including
an identification of the pollutants to be monitored, sampling location,
sampling frequency, and sample type based upon the applicable general
pretreatment standards in 40 CFR 403, categorical pretreatment standards,
local limits, and state and local law.
D.
Permit notification. Within 90 days of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of significant industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Within 60 days after the effective date of a categorical pretreatment standard, or 60 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards are currently discharging to or scheduled to discharge to a POTW shall be required by § 67A-18B of this chapter.[1]
[1]
Editor's Note: So in original.
E.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this chapter and all other applicable
regulations, user charges and fees established by THTMA.
(1)
Individual wastewater discharge permits and general permits must
contain:
(a)
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date;
(b)
A statement that the wastewater discharge permit is nontransferable without prior notification to THTMA in accordance with § 67A-18G of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c)
Effluent limits, including best management practices, based
on applicable pretreatment standards;
(d)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on federal, state,
or local law.
(e)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 67A-19B.
(f)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law.
(g)
Requirements to control slug discharge, if determined by the
general manager to be necessary.
(2)
Individual wastewater discharge permits or general permits may contain,
but need not to be limited to, the following conditions:
(a)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a common sewer;
(b)
Limits on the average and maximum wastewater constituent and
characteristics;
(c)
Limits on the average and maximum rate and time of discharge
requirements for flow regulations and equalization;
(d)
Requirements for installation and maintenance of inspection
and sampling facilities;
(e)
Specification for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
(f)
Compliance schedules;
(g)
Requirements for submission of technical reports or discharge
reports;
(h)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by THTMA, and affording THTMA
assess thereto;
(i)
Requirements for notification of THTMA, in advance 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;
(k)
Other conditions as deemed appropriate by THTMA to ensure compliance
with this chapter.
F.
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 a 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 user's existing permit. The terms and conditions of the permit may be subject to modification by THTMA during the term of the permit as limitations or requirements as identified in Article II 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 the change. Any changes or new conditions in the permit shall include a reasonable period of time for compliance.
G.
Permit transfer.
(1)
Wastewater discharge permits are issued to 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 THTMA. Any succeeding owner
or user shall also comply with the terms and conditions of the existing
permit. Individual wastewater discharge permits or general permits
may be transferred to a new owner or operator only if the permittee
gives at least thirty-day advance notice to the general manager and
the general manager approves the individual wastewater discharge permit
or the general permit transfer. The notice to the general manager
must include a written certification by the new owner or operator
which:
(a)
States that the new owner and/or operator has no immediate intent
to change the facility's operations and processes;
(b)
Identifies the specific date on which the transfer is to occur;
and
(c)
Acknowledges full responsibility for complying with the existing
individual wastewater discharge permit or general permit.
(2)
Failure to provide advance notice of a transfer renders the individual
wastewater discharge permit or general permit void as of the date
of facility transfer.
H.
Civil and criminal penalties. Permits shall contain a statement of applicable civil and criminal penalties for violation of pretreatment standards, as specified in Article VIII of this chapter, and any applicable compliance schedules.
I.
Notification of changed discharge. All industrial users of the wastewater
system of THTMA shall promptly notify the POTW in advance of any substantial
change in the volume or character of pollutants in their discharge,
including the listed or characteristic hazardous wastes for which
the industrial user has submitted initial notification under 40 CFR
403.12 (p).
J.
Individual wastewater discharge permit and general permit revocation.
(1)
The general manager may revoke an individual wastewater discharge
permit or general permit for good cause, including, but not limited
to, the following reasons:
(a)
Failure to notify the general manager of significant changes
to the wastewater prior to the changed discharge.
(b)
Failure to provide prior notification to the general manager of changed conditions pursuant to § 67A-19F of this chapter;
(c)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports and certification statements;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow the general manager timely access to the facility
premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(l)
Failure to provide advance notice of the transfer of business
ownership or a permitted facility; or
(m)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or general permit or this
chapter.
(2)
Individual wastewater discharge permits or general permits shall
be voidable upon cessation of operations or transfer of business ownership.
All individual wastewater discharge permits or general permits issued
to a user are void upon the issuance of a new individual wastewater
discharge permit or general permit to that user.
K.
Individual wastewater discharge permit and general permit reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 67A-18B of this chapter, a minimum of 60 days prior to the expiration of the user's existing individual wastewater discharge permit or general permit.
L.
Regulation of waste received from other jurisdictions.
(1)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the general manager shall enter
into an intermunicipal agreement with the contributing municipality.
(2)
Prior to entering into an agreement required by Subsection L(1), above, the general manager shall request the following information from the contributing municipality:
(3)
An intermunicipal agreement, as required by Subsection L(1), above, shall contain the following conditions:
(a)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 67A-7 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to Hempfield's ordinance or THTMA's local limits;
(b)
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis:
(c)
A provision specifying which pretreatment implementation activities,
including individual wastewater discharge permit or general permit
issuance, inspection and sampling, and enforcement, will be conducted
by the contributing municipality; which of these activities will be
conducted by the general manager; and which of these activities will
be conducted jointly by the contributing municipality and the general
manager.
(d)
A requirement for the contributing municipality to provide the
general manager with access to all information that the contributing
municipality obtains as part of its pretreatment activities:
(e)
Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to
the POTW:
(f)
Requirements for monitoring the contributing municipality's
discharge;
(g)
A provision ensuring the general manager access to the facilities
of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the general manager; and
(h)
A provision specifying remedies available for breach of the
terms of the intermunicipal agreement.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the general manager a report which contains the information listed in Subsection A(2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the general manager a report which contains the information listed in Subsection B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(b)
Measurement of pollutants. The industrial user shall comply
with the requirements as specified in 40 CFR 403.12(b)(5), as amended;
[1]
The industrial user shall identify the pretreatment standards
applicable to each regulated process.
[2]
The industrial user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where
required by the standard or control authority) of regulated pollutants
in the discharge from each regulated process. Both daily maximum and
average concentration (or mass, where required) shall be reported.
The sample shall be representative of daily operations.
[3]
A minimum of four grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organics. For
all other pollutants, twenty-four-hour composite samples must be obtained
through flow-proportional composite sampling techniques where feasible.
The control authority may waive flow-proportional composite sampling
for any industrial user that demonstrates that flow-proportional composite
sampling is infeasible. In such cases, samples may be obtained through
time-proportional composite sampling when the industrial user demonstrates
that this will provide a representative sample of the effluent being
discharged.
[4]
The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of § 67A-19A.
[5]
Samples should be taken immediately downstream from pretreatment
facilities if such exist, or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the industrial
user should measure the flows and concentrations necessary to allow
use of the combined wastestream formula presented in 40 CFR 403.6(e)
in order to evaluate compliance with the pretreatment standards. Where
an alternate concentration or mass limit has been calculated in accordance
with 40 CFR 403.6(e), this adjusted limit, along with supporting data,
shall be submitted to THTMA.
[6]
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR 136 and amendments thereto. Where
40 CFR 136 does not contain sampling or analytical techniques for
the pollutant in question, or where the Administrator determines that
the 40 CFR 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed
using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the POTW
or other parties approved by the Administrator.
[7]
The control authority may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
[8]
The baseline report shall indicate the time, data 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.
[9]
The baseline report shall include the signature of an authorized
representative of the industrial user and certification statement
as expressed in 40 CFR 403.7(a)(2)(ii).
(c)
Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 67A-3 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(d)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 67A-19E of this chapter.
B.
Periodic compliance reports: categorical industrial users. The following
requirements must be followed by industrial users to which categorical
pretreatment standards apply:
(1)
Any industrial user subject to a categorical pretreatment standard,
after the compliance data of such pretreatment standard, or, in the
case of a new source, after commencement of the discharge in the POTW,
shall submit to THTMA during the months of June and December, unless
required more frequently in the pretreatment standard or by the control
authority or approval authority, a report indicating the nature and
concentration of pollutants in the effluent which are limited by such
categorical pretreatment standards. In addition, this report shall
include a record of measured or estimated average and maximum daily
flows for the reporting period for the discharge reported. However,
THTMA may require more detailed reporting of flows. At the discretion
of the control authority and in consideration of such factors as local
high- or low-flow rates, holiday, budget cycles, etc., the control
authority may agree to alter the months during which the above reports
are to be submitted.
(2)
Where THTMA has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(d), the report required by Subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(3)
For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures of 40 CFR 403.6(c), the report required by Subsection A of this section shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by Subsection A of this section shall include the industrial user's actual average production rate for the reporting period.
(4)
The periodic compliance report shall include the signature of an
authorized representative of the industrial user and certification
statement as expressed in 40 CFR 403.6(a)(2)(ii).
(5)
THTMA may authorize an industrial user subject to a categorical pretreatment
standard to forego sampling of a pollutant regulated by a categorical
pretreatment standard if the industrial user has demonstrated through
sampling and other technical factors that the pollutant is neither
present nor expected to be present in the discharge, or is present
only at background levels from intake water and without any increase
in the pollutant due to activities of the industrial user. [See 40
CFR 403.12(e)(2).] This authorization is subject to the following
conditions:
(a)
The waiver may be authorized where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility, provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
(b)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 67A-19B.
(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.
(e)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA-approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(f)
Any grant of the monitoring waiver by the general manager must
be included as a condition in the user's permit. The reasons
supporting the waiver and any information submitted by the user in
its request for the waiver must be maintained by the general manager
for three years after the expiration of the waiver.
(g)
Upon approval of the monitoring waiver and revision of the user's permit by the general manager, the industrial user must certify on each report with the statement in § 67A-26 that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(h)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of § 67A-19B, or other more frequent monitoring requirement imposed by the general manager, and notify the general manager.
(6)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
the sample results are unrepresentative of its discharge.
(7)
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the general manager, using the procedures prescribed in § 67A-22 of this chapter, the results of this monitoring shall be included in the report.
C.
Periodic compliance reports: noncategorical industrial users.
(1)
The control authority shall require appropriate reporting from those
industrial users with discharges that are not subject to categorical
pretreatment standards. Significant noncategorical industrial users
shall submit to THTMA at least once every six months (in dates specified
by the control authority) a description of the nature, concentration,
and flow of the pollutants required to be reported by the control
authority. These reports shall be based on sampling and analysis performed
in the period covered by the report, and performed in accordance with
the techniques described in 40 CFR 136 and amendments thereto. Where
40 CFR 136 does not contain sampling or analytical techniques for
the pollutant in question, or where the Administrator determines that
the 40 CFR 136 sampling and analytical techniques for the pollutant
in question, or where the Administrator determines that the 40 CFR
136 sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analysis shall be performed using validated
analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the POTW or other persons,
approved by the Administrator. This sampling and analysis may be performed
by the control authority in lieu of the significant noncategorical
industrial user. Where the POTW itself collects all the information
required for the report, the noncategorical significant industrial
user will not be required to submit the report. In cases where the
pretreatment standard requires compliance with the best management
practice (BMP) or pollution prevention alternative, the user must
submit documentation required by the general manager of the pretreatment
standard necessary to determine the compliance status of the user.
(2)
The compliance report shall include the signature of an authorized
representative of the industrial user and certification statement
as expressed in 40 CFR 403.6(a)(2)(ii).
D.
Compliance report deadline.
(1)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source, following commencement of the introduction of wastewater into the POTW any industrial user subject to pretreatment standards and requirements shall submit to THTMA a report containing information described in § 67A-19 of this chapter.
(2)
For industrial users subject to equivalent mass or concentration
limits established by the control authority in accordance with the
procedures of 40 CFR 403.6(c), this report shall contain a reasonable
measure of the industrial user's long-term production rate. For
all other industrial users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit of production
(or other measure of operation), this report shall include the industrial
user's actual production during the appropriate sampling period.
(3)
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. This report shall be signed by an authorized representative
of the industrial user and certified.
E.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 67A-19A(2)(d) of this chapter:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited no, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the general manager no
later than 14 days following each date in the schedule and the final
date of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, if appropriate,
the steps being taken by the user to return to the established schedule;
and
(4)
In no event shall more than nine months elapse between such progress
reports to the general manager.
F.
Reports of changed conditions. Each user must notify the general
manager of any significant changes to the user's operations or
system which might alter the nature, quality or volume of its wastewater
at least 60 days before the change.
(1)
The general manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 67A-18B of this chapter.
(2)
The general manager may issue an individual wastewater discharge
permit or modify an existing wastewater discharge permit or general
permit in response to changed conditions or anticipated changed conditions.
H.
Reports from unpermitted users. All users not required to obtain
an individual wastewater discharge permit or general permit shall
provide appropriate reports to the general manager as the general
manager may require.
I.
Notice of violation/repeat sampling a reporting. If sampling performed
by a user indicates a violation, the user must notify the general
manager 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 general manager within 30 days after
becoming aware of the violation. Resampling by the industrial user
is not required if THTMA performs sampling at the user's facility
at least once a month, or if THTMA performs sampling at the user between
the time when the initial sampling was conducted and the time when
the user or THTMA receives the results of this sampling, or if THTMA
has performed the sampling and analysis in lieu of the industrial
user. If THTMA performed the repeat sampling and analysis in lieu
of the industrial user, THTMA will perform the repeat sampling and
analysis unless it notifies the user of the violation and requires
the user to perform the repeat sampling and analysis. See 40 CFR 403.12(g)(2).
A.
Monitoring and analysis.
(1)
The reports required in §§ 67-18B and 67-19B and C of this chapter 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 the control authority, of pollutants contained therein which are limited by applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the industrial user will not be required to submit in the aforementioned reports. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(2)
If sampling performed by an industrial user indicates a violation,
the industrial user shall notify THTMA within 24 hours of becoming
aware of the violation. The industrial 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. The industrial user is not required to resample if:
(a)
The control authority performs sampling at the industrial user
at a frequency of at least once per month; or
(b)
The control authority performs sampling at the industrial user
between the time when the industrial user performs its initial sampling
and the time when the industrial user receives the results of this
sampling;
(3)
The reports required in § 67A-19B and C of this chapter shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. THTMA shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(4)
All analyses shall be performed in accordance with procedures established
by the Administrator pursuant to Section 304(h) of the Act and contained
in 40 CFR 136 and amendments thereto or with any other test procedures
approved by the Administrator. (See 40 CFR 136.4 and 136.5.) Sampling
shall be performed in accordance with the techniques approved by the
Administrator. Where 40 CFR 136 does not include sampling or analytical
techniques for the pollutant in question, or where the Administrator
determines that 40 CFR 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis
shall be performed using validated analytical methods or another sampling
and analytical procedures, including procedures suggested by the POTW
or other parties, approved by the Administrator.
(5)
If an industrial user subject to the reporting requirements of § 67A-19B or C of this chapter monitors any pollutant more frequently than required by THTMA, using the procedures prescribed in § 67A-20A(4) of this chapter, the results of this monitoring shall be included in the report.
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136 and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the general manager or other parties
approved by EPA.
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
A.
Except as indicated in Subsections B and C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional sampling or grab sampling is authorized by the general manager. Where time-proportional composite sampling or grab sampling is authorized by THTMA, the sample must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by THTMA, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 67A-19A and D [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the general manager may authorize a lower minimum. For the reports required by § 67A-19B and C [40 CFR 403.12 (e) and 403.12 (h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility services by the United States Postal Service,
the date of receipt of the report shall govern.
THTMA shall sample the discharge and inspect the facilities
of any industrial user a minimum of two times per year to ascertain
whether the purpose of this chapter is being met and all requirements
are being complied with. Owners and occupants of premises where wastewater
is created or discharged shall allow THTMA or its representative ready
access at all reasonable times to all parts of the premises for inspection,
sampling, records examination or in the performance of any of their
duties.
A.
Where an industrial user has security measures in force which would
require proper identification and clearance before entry into its
premises, the industrial user shall make necessary arrangements with
their security guards so that, upon presentation of appropriate identification,
personnel from THTMA, the approval authority and the EPA will be permitted
to enter, without delay, for the purposes of performing their duties.
B.
The EPA and THTMA shall have the right to set up on the industrial
user's property such devices as are necessary to conduct sampling,
inspection, compliance monitoring and/or metering operations.
C.
The general manager may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated monthly to ensure their accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the general manager
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
E.
Unreasonable delays in allowing the general manager access to the
user's premises shall be a violation of this chapter.
F.
The location of the monitoring facility shall provide ample room
in or near the monitoring facility to allow accurate sampling and
preparation of samples and analysis whether construction on public
or private property. The monitoring facilities should be provided
in accordance with the general manager's requirements and all
local construction standards and specifications, and such facilities
shall be constructed and maintained in such manner so as to enable
THTMA to perform independent monitoring activities.
A.
Any industrial user subject to the reporting requirements established in § 67A-19 of this chapter shall maintain records of all information resulting from any monitoring activities required by § 67A-20 of this chapter, and additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 67A-8C. Such records shall include for all samples:
B.
Any industrial user subject to the reporting requirement established by § 67A-20 of this chapter 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, Regional Administrator, and THTMA. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user, or when requested by the Director, the Regional Administrator, or THTMA.
C.
Any POTW to which reports are submitted by an industrial user pursuant to §§ 67A-18B, and 67A-19B and C of this chapter shall retain such reports for a minimum of three years and shall make such reports available for inspection and copying by the Director and the Regional Administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW Pretreatment Program or when requested by the Director or the Regional Administrator.
A.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 67A-18B; users submitting baseline monitoring reports under § 67A-19A(2); users submitting baseline monitoring reports on compliance with the categorical pretreatment standard deadlines under § 67A-19D; users submitting periodic compliance reports required by § 67A-19B and C; and users submitting an initial request to forego sampling of a pollutant on the basis of § 67A-19B(5). The following certification statement must be signed by an authorized representative as defined in § 67A-3:
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I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
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B.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the general manager pursuant to §§ 67A-3 and 67A-22C must annually submit the following certification statement signed in accordance with the signatory requirements in § 67A-3. This certification must accompany an alternative report required by the general manager:
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Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from _____, _____ to _____,_____ [months,
days, year]:
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(1)
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The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in § 67A-3;
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(2)
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The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
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(3)
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The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
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This compliance certification is based on the following information.
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C.
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 67A-19B must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
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Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], I certify that to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 67A-19B.
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The industrial user shall comply with the hazardous waste notification
requirements established below:
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, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 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 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 wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must occur within 180 days of the effective date of 40 CFR 403. Industrial users who commence discharging after the effective date of 40 CFR 403 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 § 67A-18I of this chapter. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 67A-19 of this chapter.
B.
Dischargers are exempt from the requirement of Subsection A 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 (e). Discharge of more than 15 kilograms of nonacute hazardous wastes as specified in 40 CFR 261.30(d) and (e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the industrial user must notify the
POTW, the EPA Regional Waste Management Division Director, and State
Hazardous Waste Authorities of the discharge of such substance within
90 days of the effective date of such regulations.
If the general manager has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this chapter,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of THTMA designed to verify compliance
with this chapter or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, the
general manager may seek issuance of a search warrant from Westmoreland
County of Pennsylvania.
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 limits
specified by federal pretreatment regulations. Any facilities required
to pretreat wastewater to a level acceptable to THTMA shall be provided,
operated and maintained at the industrial user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to THTMA for review, and shall be acceptable to
THTMA before construction of the facility. The review of such plans
and operating procedures will, in no way, relieve the industrial user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to THTMA under the provisions of this
chapter. Any subsequent changes in the pretreatment facilities or
method of operation shall be reported to and be acceptable to THTMA
prior to the industrial user's initiation of such changes.
