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Township of Warminster, PA
Bucks County
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[Ord. No. 763, 5/7/2020]
It shall be unlawful to discharge to the POTW any pollutants except as authorized by the Authority in accordance with the provisions of this Part 1, Articles A through F. The Authority may at a frequency of once per year, or more often if conditions indicate a need, require a user, regardless of whether or not the user possesses a valid wastewater discharge permit, to complete and submit a certification of wastewater status report. In it, the user shall state whether or not the user's wastewater discharge contains proscribed pollutants and whether the discharge complies with this Part. If the discharge does not comply with this Part, the user shall state how and when compliance will be achieved.
[Ord. No. 763, 5/7/2020]
1. 
General. Any user proposing to connect to or contribute pollutants to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. Those nonresidential users not defined as significant users shall apply for a wastewater discharge permit within 60 days of being notified to do so by the Authority Manager. All users, whether permitted or not, must notify the Authority prior to changing their discharges.
2. 
Permit Application. Users required to obtain a wastewater discharge permit shall complete and file with the Authority an application in the form prescribed by the Authority, which form shall require all relevant information required by 40 CFR 403.12(b)(6), and be accompanied by a fee of $250 where no pretreatment facilities are proposed and $500 when pretreatment facilities are included. Application forms shall be obtained from the administration office of the Authority. The Authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue a wastewater discharge permit subject to terms and conditions provided herein.
3. 
Permit Modifications as the Result of Federal Regulations. As soon as possible (e.g., within 90 days) following the promulgation of a categorical pretreatment standard, the wastewater discharge permit of existing users subject to such standard shall be revised by the Authority to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by § 18-142, the user shall apply for a wastewater discharge permit within a period stipulated by the Authority, but in no case beyond 180 days after the promulgation of the applicable categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Authority Manager within 90 days after the promulgation of the applicable categorical pretreatment standard a certification of wastewater status report on a form available at the administrative office of the Authority.
4. 
Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Part 1, Articles A through F, and all other applicable regulations, user charges and fees established by the Authority. Permits may contain the following:
A. 
The unit charge or schedule of user charges and fees for the Authority's handling of wastewater discharged into its facilities and to offset the cost of the wastewater control program;
B. 
Limits on the maximum wastewater constituents and characteristics;
C. 
Limits on maximum rate and time of discharge or requirements for flow regulation equalization.
D. 
Requirements for installation and maintenance of inspection and sampling facilities;
E. 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number of samples, sample types, testing methods and a reporting schedule;
F. 
Schedule to attain compliance with the subject ordinance and/or conditions contained in the permit;
G. 
Requirements for submission of technical reports or discharge reports (see § 18-143); and requirements for signed data accuracy certifications for all baseline monitoring reports, ninety-day compliance reports and periodic reports.
H. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Authority, and affording Authority access thereto;
I. 
Requirements for notification of the Authority of any new introduction of wastewater constituents into the wastewater treatment system;
J. 
Requirements for notification of slug discharges as per § 18-162;
K. 
With respect to categorical users, limitations on all parameters regulated by the applicable categorical standard including TTO requirements (monitoring and/or certification and solvent management planning);
L. 
Requirements for retaining records of monitoring activities and results for a minimum of three years, or longer in the case of unresolved litigation or when requested by the Authority;
M. 
Other conditions as deemed appropriate by the Authority to ensure compliance with this Part 1, Articles A through F.
5. 
Permits Duration. Permits shall be issued for a specified time period, not to exceed five years or may be written to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing 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 B are modified or other just cause exists. The user shall be informed of any proposed changes in his permit by the Authority Manager and any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
6. 
Permit Transfer. Wastewater discharge permits are issued to a specific user for 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 approval of the Authority. Any succeeding owner or user shall be obligated to secure his own permit as prescribed herein.
[Ord. No. 763, 5/7/2020]
1. 
Compliance Date Report and Baseline Monitoring Report. Within 90 days following the established date for a baseline monitoring report or for final compliance with an Authority accepted schedule to attain compliance with the wastewater control ordinance or applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, the user shall submit to the Authority Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Part 1, Articles A through F, or the user's permit and the average and maximum daily flow. The report shall state whether applicable pretreatment standards or ordinance 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 standards or requirements. The reports shall include information on compliance with any applicable best management practices (BMPs). The statement shall be signed by an authorized representative of the user and certified by a qualified professional.
2. 
Periodic Compliance Reports.
A. 
For a 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, the user shall submit to the Authority Manager 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 standard. In addition, this report shall include a record of the measured or estimated average daily flow during the reporting period, together with every daily flow that exceeds the permitted flow and the maximum daily flow.
B. 
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Authority Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. In such cases, the report required by Subsection 2A of this Section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of the sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Authority Manager, or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard.
C. 
In the case where a user is not subject to a pretreatment standard, the Authority may require reports as or similar to those described in Subsection 2A and B above; however, any such requirements shall be defined in the user's wastewater discharge permit.
D. 
In the event the user fails to provide reports on his discharge as specified in Subsection 2A, B or C above, the failure will constitute a violation of the permit requirements and the Authority will initiate enforcement proceedings in accordance with Part 1, Article E, to protect the POTW, the Authority may conduct or cause to have conducted measurements and analyses of the discharge and charge the costs against the user's account.
E. 
All reports are subject to the requirements specified in 40 CFR 403.12.
[Ord. No. 763, 5/7/2020]
1. 
The Authority shall require monitoring facilities, to be provided and operated at the user's own expense to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage system. The monitoring facility should normally be situated on the user's premises, but the Authority may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
2. 
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 time in a safe and proper operating condition at the expense of the User. Whether constructed on public or private property, 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.
[Ord. No. 763, 5/7/2020]
1. 
The Authority shall inspect the facilities of any user to ascertain whether the purpose of this Part 1, Articles A through F, is being met and all requirements are being complied with.
2. 
Persons or occupants of premises where wastewater is created or discharged shall allow the Authority or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Authority and the approval authority 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.
3. 
When the sampling, inspection, monitoring, testing, etc., is being conducted because the Authority has reason to believe that the user is in noncompliance, the Authority shall charge its costs to the user. Furthermore, after notification to the discharger of his noncompliance, the Authority may resample, retest, reinvestigate and do whatever is necessary to evaluate each day's discharge, charging all costs to the user, until compliance is obtained.
4. 
Permanently installed automatic sampling devices shall be required at user's cost when in the opinion of the Authority they are necessary to assure compliance with this Part 1, Articles A through F. Where a user has security measures in force which require proper identification and clearance before entry into the premises, the user shall make the necessary arrangements with the user's security guards so that upon presentation of suitable identification, Authority personnel shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
5. 
Users must make the records of monitoring activities and results available for copying by the Authority.
6. 
All wastewater sampling and analysis must be conducted using the methods and procedures set forth in 40 CFR 136 and adhere to the provisions described in 40 CFR 403.12.
[Ord. No. 763, 5/7/2020]
Users shall provide necessary wastewater treatment as required to comply with this Part 1, Articles A through F, and shall achieve compliance with all categorical pretreatment standards within the time limitations as specified in the permit conditions of the wastewater discharge permit. 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 before construction of the facility, in a form and in an orderly sequence as prescribed by the Authority. 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 1, Articles A through F. Any subsequent changes in the pretreatment facilities or method of operation shall be reported and acceptable to the Authority prior to the user's initiation of the changes.
[Ord. No. 763, 5/7/2020]
1. 
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 agencies without restrictions 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. However, the EPA has immediate and unlimited access to all information collected by the Authority as part of its pretreatment program.
2. 
When requested 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 nor by anyone within the Authority organization without the technical need to know the information. If at some time it is deemed germane that the regulatory agencies know that such information exists, they may be advised that it exists but will be referred to the user to secure information. Wastewater constituents and characteristics will not be recognized as confidential information.
[Ord. No. 763, 5/7/2020]
The Authority may require compliance schedules for installation of technology required to meet a pretreatment standard from all users, whether permitted or not.
[Ord. No. 763, 5/7/2020]
All compliance schedules must contain milestone dates for implementing necessary pretreatment required to meet the applicable pretreatment standards. Within 14 days of a milestone in the compliance schedule and within 14 days of the final date of compliance, the user must submit a progress report to the POTW indicating whether or not the milestone or final compliance date was met and, if not, when compliance is expected.
[Ord. No. 763, 5/7/2020]
All users, in writing, must notify the Authority, the state and the EPA of any discharge which would be considered a hazardous waste if disposed of in a different manner.
[Ord. No. 763, 5/7/2020]
All wastewater sampling and analysis for the local pretreatment program must be conducted using the test procedures and methods provided for in 40 CFR 136.