It shall be unlawful to discharge without a
permit to any natural outlet within Upper Gwynedd Township, or in
any area under the jurisdiction of said Township or the Authority,
and/or to the POTW any wastewater except as authorized by the Township
or the Authority in accordance with the provisions of this Part 5.
A.
General. All significant industrial users proposing
to connect to or to contribute to the POTW shall obtain a permit before
connecting to or contributing to the POTW. All existing significant
industrial users connected to or contributing to the POTW shall apply
for a permit within 30 days after the effective date of this Part
5.
B.
Permit application.
(1)
Users required to obtain a permit shall complete and
file with the Authority an application in the form prescribed by the
Authority and accompanied by a fee set by resolution. Existing users
shall apply for a permit within 30 days after the effective date of
this Part 5, and proposed new users shall apply at least 90 days prior
to connecting to or contributing to the POTW. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
information, including but not limited to the following:
(a)
Name, address and location.
(b)
Standard industrial classification 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 Article VIII, 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 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, 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)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any Authority,
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.
(i)
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the shortest schedule
by which the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
[1]
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
[2]
No increment referred to in Subsection B(1)(i)[1] shall exceed nine months.
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the user shall submit
a progress report to the Authority, 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 user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Authority.
(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 the pretreatment
system.
(n)
Any other information as may be deemed by the
Authority to be necessary to evaluate the permit application.
(o)
The permit application shall be signed by an
authorized representative of the industrial user.
(2)
The Authority will evaluate the data furnished by
the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the Authority may
issue a permit subject to terms and conditions provided herein.
C.
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a permit as required by Subsection B of this section, the user shall apply for a permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standards. In addition, the user with an existing wastewater contribution permit shall submit to the Authority Director or his designee, within 180 days after the promulgation of an applicable federal categorical pretreatment standard, the information required by Subsection B(1)(h) and (i) of this section.
D.
Permit conditions. Permits shall be expressly subject
to all provisions of this Part 5 and all other applicable regulations,
user charges and fees established by the Authority. Permits must contain
the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents
and characteristics.
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs, which may
include sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule. These requirements shall
include an identification of pollutants (or best management practice)
to be monitored based on federal, state and local laws.
(6)
Compliance schedules for the installation of pretreatment
technology, pollution control, or construction of appropriate containment
devices designed to reduce, eliminate or prevent the introduction
of pollutants into the POTW.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge for five years or longer as specified
by the Authority and affording the Authority access thereto.
(9)
Requirements for notification of the Authority 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.
(10)
Requirements to control slug discharges, if determined by the Authority to be necessary, in accordance with § 155-39.
(11)
A statement that indicates the wastewater discharge
permit issuance date, expiration date, and effective date.
(12)
A statement that the wastewater discharge permit
is nontransferable without prior notification to the Authority in
accordance with this Part 5, and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge
permit.
(13)
Effluent limits, including best management practices,
based on applicable pretreatment standards.
(14)
A statement of applicable civil and criminal
penalties for violation of the pretreatment standards and requirements,
and any applicable compliance schedule. Such compliance schedule may
not extend the time for compliance beyond that required by applicable
federal, state or local law.
(15)
Other conditions as deemed appropriate by the
Authority to ensure compliance with this Part 5.
E.
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 user shall apply for permit reissuance not less than 180 days prior to the expiration of the user's existing permit or as specified on the permit. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit as limitations or requirements as identified in Article VIII are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as determined by the Authority.
F.
Permit transfer. Permits are issued to a specific
user for a specific operation. A 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 approval of the Authority.
Any succeeding owner or user shall also comply with the terms and
conditions of this Part 5.
G.
Permit modification. The Authority may modify an individual
wastewater discharge permit for good cause, including, but not limited
to, the following reasons:
(1)
To incorporate any new or revised federal, state or
local pretreatment standards or requirements;
(2)
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of the individual wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge
poses a threat to the Authority's POTW, Authority personnel, or the
receiving waters;
(5)
Violation of any terms and conditions of the individual
wastewater discharge permit;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the individual
wastewater discharge permit; or
(9)
To reflect transfer of the facility ownership or operation
to a new owner or operator where requested.
H.
Permit revocation.
(1)
The Authority may revoke an individual wastewater
discharge permit for good cause, including but not limited to the
following reasons:
(a)
Failure to notify the Authority of significant
changes to the wastewater prior to the changed discharge.
(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 Authority 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 of a permitted facility.
(m)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this Part 5.
(2)
Individual wastewater discharge permits shall be voidable
upon cessation or transfer of business ownership. All individual wastewater
discharge permits issued to a user are void upon the issuance of a
new individual wastewater discharge permit to the user.
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 Authority a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the Authority a report which contains the information listed in Subsection B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information
set forth below:
(b)
Measurement of pollutants:
[2]
The user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this section.
[3]
Samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately downstream
from the regulated process if no pretreatment facility exists. If
other wastewaters are mixed with the regulated wastewater prior to
pretreatment, the user should measure the flows and concentrations
necessary to allow use of the combined waste stream formula in 40
CFR 403.6(e) to evaluate compliance with the pretreatment standards.
Where an alternate concentration or mass limit has been calculated
in accordance with 40 CFR 403.6(e), this adjusted limit, along with
supporting data, shall be submitted to the Control Authority.
[5]
The 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.
[6]
The baseline report shall indicate time, date
and place of sampling and method of analysis and shall certify the
such sampling and analysis is representative of normal work cycles
and expected pollutant discharges to the POTW.
(c)
Compliance certification shall include a statement,
reviewed by the user's authorized representative and certified by
a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis and, if not, whether additional
pretreatment is required to meet the pretreatment standards and requirements.
(d)
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 § 155-48 of this Part 5.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 155-48A(2)(d) of this Part 5:
(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 to, 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 Authority
no later than 14 days following each date in the schedule and the
final compliance, including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay and, if appropriate,
the steps being taken by the user to return to the established schedule;
and
(4)
In no event shall more than nine months elapse between
such progress reports to the Authority.
C.
Compliance date report. Within 90 days following the
date for final compliance with applicable pretreatment standards or,
in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit to the Township or the Authority a report
indicating the nature and concentration of all pollutants in the discharge
from the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user facility which are limited by such 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 user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
D.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Authority during the months of June and December, unless required more frequently in the pretreatment standard or by the Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 155-47B(1)(e). If sampling by the user indicates a violation, the user shall notify the POTW within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation, except if the POTW performs sampling at least once per month at the user's facility or if the POTW performs sampling at the user's facility between the time when the user performs its initial sample and the time the user receives the results of this sampling. At the discretion of the Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Authority may agree to alter the months during which the above reports are to be submitted. This report shall be signed by an authorized representative of the industrial user. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Authority, the results of this monitoring shall be included in the report. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Authority or the pretreatment standard necessary to determine compliance status of the user.
(2)
The Authority may impose mass- or production-based limitations. In such cases the report required by Subsection D(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, the mass of the pollutants discharged which are subject to applicable pretreatment standards and, where requested by the Authority discharge permit, production data. 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 Section 304(g) of the Act and contained in 40 CFR 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. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
E.
Certification statements. All user reports must be
signed by an authorized representative of the user and contain the
following certification statement:
"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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F.
Reports of changed conditions. Each user must notify
the Authority of any significant changes to the user's operations
or system which might alter the nature, quality or volume of its wastewater
at least 30 days before the change.
(1)
The Authority may require the user to submit such
information as may be deemed necessary to evaluate the changed conditions,
including the submission of a wastewater discharge permit application
as required in this Part 5.
(2)
The Authority may issue an individual wastewater discharge
permit or modify an existing permit in response to the changed conditions
or anticipated changed conditions.
G.
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited
to, accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge, a slug discharge or slug load that
might cause potential problems for the POTW, the user shall immediately
telephone the Authority of the incident. This notification shall include
the location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
(2)
Within five days following such discharge, the user
shall, unless waived by the Authority, submit a detailed written report
describing the cause(s) of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which might be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property, nor shall such
notification relieve the user of any fines, penalties or other liability
which may be imposed pursuant to this Part 5.
(3)
A notice shall be permanently posted on the user's
bulletin board or other prominent place advising the employees whom
to call in the event of a discharge described above. Employers shall
ensure that all employees who could cause such a discharge to occur
are advised of the emergency notification procedure.
(4)
Significant industrial users are required to notify
the Authority immediately of any changes at its facility affecting
the potential for a slug discharge.
H.
Reports from unpermitted users. All users not required
to obtain an individual wastewater discharge permit shall provide
appropriate reports to the Authority as the Authority may require.
I.
Notice of violation; repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the 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 Authority within 30 days after
becoming aware of the violation. Resampling by the industrial user
is not required if the Authority performs sampling at the user's facility
at least once a month or if the Authority performs sampling at the
user between the time when the initial sampling was conducted and
the time when the user or the Authority receives the results of this
sampling or if the Authority has performed the sampling and analysis
in lieu of the industrial user.
J.
Discharge of hazardous waste. The discharge of hazardous
wastes, as described in 40 CFR Part 261, is prohibited from being
discharged into the POTW.
K.
Recordkeeping. Users subject to the reporting requirements
of this Part 5 shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring
activities required by this Part 5 and any additional records of information
obtained pursuant to monitoring activities undertaken by the user
independent of such requirements and documentation associated with
best management practices established herein. Records shall include
the date, exact place, method and time of sampling, and the name of
the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available
for a period of at least three years. This period shall be automatically
extended for the duration of any litigation concerning the user or
where the user has been specifically notified of a longer retention
period by the Authority.
L.
Analytical requirements. 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 Authority
or other parties approved by the EPA.
M.
Date of receipt of reports. Written reports will be
deemed to have been submitted on the date postmarked. For reports
which are not mailed, postage prepaid, into a mail facility serviced
by the United States Postal Service, the date of receipt of the report
shall govern.
A.
The Authority shall require to be provided and operated,
at the user's own expense, monitoring facilities to allow inspection,
sampling and flow measurement of the building sewer and/or internal
drainage systems.
B.
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
C.
The sampling and monitoring facilities shall be provided
in accordance with the Authority's requirements and all applicable
local construction standards and specifications. Construction shall
be completed within 90 days following written notification by the
Authority.
A.
The Authority shall inspect the facilities of any
user to ascertain whether the purpose of this Part 5 is being met
and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Authority or its representatives ready access at all times to
all parts of the premises for the purposes of inspection, sampling,
records examination, and copying or in the performance of any of their
duties. The Authority or its representatives, approval authority and
the EPA shall have the right to set up on the user's property such
devices as are necessary to conduct sampling inspection, compliance
monitoring and/or metering operations. Where a user has security measures
in force which would require proper identification and clearance before
entry into its premises, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification,
personnel from the Authority, the approval authority, and the EPA
will be permitted to enter, without delay, for the purposes of performing
their specific responsibilities. Unreasonable delays in allowing the
Authority access to the user's premises shall be a violation of this
Part 5.
B.
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.
(1)
Except as indicated in Subsection B(2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Authority. Where time-proportional composite sampling or grab sampling is authorized by the Authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to analysis as follows: for cyanide, total phenols and sulfides, the samples may be composited in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the Authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2)
Samples for oil and grease, temperature, pH, cyanide,
total phenols, sulfides and volatile organic compounds must be obtained
using grab collection techniques.
(3)
For sampling required in support of baseline monitoring and ninety-day compliance reports required in this Part 5 and 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 does not exist; for facilities for which historical sampling data is available, the Authority may authorize a lower minimum. For the reports required by paragraphs in Section 4.3.4 [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 and with the applicable pretreatment standards and requirements.
A.
Users shall provide necessary wastewater treatment
as required to comply with this Part 5 and shall achieve compliance
with all National 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 Authority 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 Authority for review
and shall be acceptable to the Authority 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 Authority under
the provisions of this Part 5. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be acceptable
to the Authority prior to the user's initiation of the changes.
B.
All records relating to compliance with pretreatment
standards shall be made available to officials of the Township, the
Authority, the EPA or the approval authority upon request.
A.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the user specifically requests and
is able to demonstrate to the satisfaction of the Authority that the
release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets of the
user. Any such request must be asserted at the time of submission
of the information or data. When requested and demonstrated by the
person furnishing a report, the portions 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 Part 5,
the National Pollutant Discharge Elimination System (NPDES) permit,
state disposal system permit and/or the pretreatment programs; provided,
however, that such portions of a report shall be available for use
by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Effluent data
will not be recognized as confidential information.
B.
Information accepted by the Authority as confidential
shall be transmitted to any governmental agency immediately when requested
but not to the general public by the Authority until and unless a
ten-day notification is given to the user.
The Authority shall publish annually, in a newspaper
of general circulation that provides meaningful public notice within
the jurisdictions served by the POTW, a list of the users which, at
any time during the previous 12 months, were in significant noncompliance
with applicable pretreatment standards and requirements. The term
"significant noncompliance" shall be applicable to all significant
industrial users (or any other industrial user that violates Subsections
C, D, or H of this section) and shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 155-31;
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard and requirement including instantaneous limits, as defined by § 155-31, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as defined by § 155-31 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Township or the Authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
D.
Any discharge of a pollutant that has caused imminent
endangerment to the public or to the environment or has resulted in
the Authority's exercise of its emergency authority to halt or prevent
such a discharge;
E.
Failure to meet, within 90 days of the scheduled date,
a compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
F.
Failure to provide, within 45 days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with the categorical pretreatment standard deadlines,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include a violation
of best management practices, which the Authority determines will
adversely affect the operation or implementation of the local pretreatment
program.