Township of Lower Macungie, PA Part 8 REPORTING REQUIREMENTS

§ 18-801 Baseline Monitoring Reports.

[Ord. No. 2020-04, 10/1/2020[1]]

1. Existing Users. Within 180 days after either 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 users currently discharging to or scheduled to discharge to the POTW shall submit to the Township and the Director of Public Works a report which contains the information listed in Subsection 3.

2. New Sources and New Categorical Users. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Township and the Director of Public Works a report which contains the information listed in Subsection 3. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards, and give estimates of its anticipated flow and the quantity of pollutants to be discharged.

3. Required Information. Users described in Subsections 1 and 2 shall submit the following information:

A. Identifying Information. The name and address of the facility, including the name and contact information of the operator and the owner.

B. Environmental Permits. A list of any environmental control permits held by or for the facility.

C. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the sewerage system and the POTW from the regulated processes.

D. Description of Wastes. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

E. 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 40 CFR 403.6(e).

F. Measurement of Pollutants.

(1) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated process for existing sources.

(2) 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 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 City.

(3) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.

(4) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard, the Township, or the Director of Public Works, of regulated pollutants in the discharge from each regulated process. The sample shall be representative of daily operations and shall be analyzed in accordance with the procedures set out in § 18-810. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director of Public Works of the applicable standards to determine compliance with the standard.

(5) Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

(6) Sampling and analysis shall be performed in accordance with the procedures set out in §§ 18-810 and 18-811.

(7) Any other information as may be deemed necessary by the Director of Public Works to evaluate the permit application.

(8) The Township and the Director of Public Works 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.

(9) The 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.

G. Statement of Compliance. 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 operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements.

H. Compliance Schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. 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. No increment shall exceed nine months. Major 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 operations.

I. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with § 18-703, Subsection 2.

[1] Editor's Note: This ordinance deleted in its entirety and restated former Part 8, Reporting Requirements, adopted by Ord. No. 1985-7, 10/17/1985, as amended.

§ 18-802 Compliance Schedule Progress Reports.

[Ord. No. 2020-04, 10/1/2020]

Every user who submits a compliance schedule under § 18-801, Subsection 3H, shall submit a progress report to the Township and the Director of Public Works no later than 14 days following each date in the schedule and the final date of compliance. 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). The progress report shall include, at a minimum, whether or not the user has 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. In no event shall more than nine months elapse between progress reports.

§ 18-803 Reports on Compliance With Categorical Pretreatment Standard Deadline.

[Ord. No. 2020-04, 10/1/2020]

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 user subject to such pretreatment standards and requirements shall submit to the Township and the Director of Public Works a report containing the information described in § 18-801, Subsection 3D through G. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other 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 user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 18-703, Subsection 2. All sampling will be done in conformance with § 18-811.

§ 18-804 Periodic Compliance Reports.

[Ord. No. 2020-04, 10/1/2020]

1. In General. All significant industrial users must, at a frequency determined by the Director of Public Works, submit no less than twice per year (June and December), or on dates specified, reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. 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 Director of Public Works or the pretreatment standard necessary to determine the compliance status of the user.

2. All periodic compliance reports must be signed and certified in accordance with § 18-703, Subsection 2, of this chapter.

3. Representative Samples. 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.

4. Reporting of Additional Voluntary Monitoring. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Township and the Director of Public Works, using the procedures prescribed in §§ 18-801 and 18-802, the results of this monitoring shall be included in the report.

5. 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.

6. 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 Director of Public Works, using the procedures prescribed in § 18-802 of this chapter, the results of this monitoring shall be included in the report.

§ 18-805 Reports of Changed Conditions.

[Ord. No. 2020-04, 10/1/2020]

1. Notification. Each user must notify the Township and the Director of Public Works of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.

2. Submission of Information. The Township or the Director of Public Works 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 § 18-703.

3. New or Modified Permits. The Township and the Director of Public Works may issue a wastewater discharge permit under § 18-704 or modify an existing wastewater discharge permit under § 18-707 in response to changed conditions or anticipated changed conditions.

4. "Significant" Changes. For purposes of this section, "significant" changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants.

§ 18-806 Reports of Potential Problems.

[Ord. No. 2020-04, 10/1/2020]

1. Initial Notification. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Township and the Director of Public Works 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. Written Report. Within five days following such discharge, the user shall, unless waived by the Township and the Director of Public Works, 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 may be incurred as a result of damage to the sewerage system, 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 chapter.

3. Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection 1. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

4. Slug Discharge. Significant industrial users are required to notify the Township and the Director of Public Works immediately of any changes at its facility affecting the potential for a slug discharge.

§ 18-807 Reports From Unpermitted Users.

[Ord. No. 2020-04, 10/1/2020]

1. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Township and the Director of Public Works as the Township or the Director of Public Works may require.

2. Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the Director of Public Works pursuant to the definition of "significant industrial user" must annually submit the following certification statement signed by an authorized or duly authorized representative of the user. This certification must accompany an alternative report required by the Director of Public Works.

"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]:
(a)	The facility described as __________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in 1.4 II (3);
(b)	The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
(c)	The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information:
_______________________________
_______________________________

§ 18-808 Notice of Violation/Repeat Sampling and Reporting.

[Ord. No. 2020-04, 10/1/2020]

If sampling performed by a user indicates a violation, the user must notify the Township and the Director of Public Works 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 Township and the Director of Public Works within 30 days after becoming aware of the violation. Resampling by the user is not required if the City performs sampling at the user's facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the user.

§ 18-809 Analytical Requirements.

[Ord. No. 2020-04, 10/1/2020]

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, 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 Director of Public Works or other parties approved by the EPA.

§ 18-810 Sample Collection.

[Ord. No. 2020-04, 10/1/2020]

1. In General. 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.

2. Authorized Alternatives. Except as indicated in this section, 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 Township and the Director of Public Works. Where time-proportional composite sampling or grab sampling is authorized by the Township and the Director of Public Works, the samples must be representative of the discharge.

3. Instantaneous Discharge Limits. In addition to the sampling described in Subsections 1 and 2, grab samples may be required to show compliance with instantaneous limits.

4. Required Grab Samples. 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 or 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 the compositing procedures as documented in approved EPA methodologies may be authorized by the Township and the Director of Public Works, as appropriate.

5. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

6. For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 18-801 and 18-803 [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 Director of Public Works may authorize a lower minimum. For the reports required by § 18-804 [40 CFR 403.12(e) and 403.12(h)], the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

§ 18-811 Timing.

[Ord. No. 2020-04, 10/1/2020]

Written reports required under this chapter 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.

§ 18-812 Recordkeeping.

[Ord. No. 2020-04, 10/1/2020]

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and any documentation associated with best management practices that may be developed by the Township by ordinance or in wastewater discharge permits. 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, the Township, or the City, or where the user has been specifically notified of a longer retention period by the Township or the Director of Public Works.