It shall be unlawful to discharge without a permit to any natural outlet within Unity Township, or in any area under the jurisdiction of said Unity Township, and/or to the POTW any wastewater except as authorized by Unity Township or THTMA in accordance with the provisions of this ordinance. This prohibition is an addition to those prohibitions contained in the existing regulations of the UTMA as codified in Chapter 96 of the Code of Ordinances of Unity Township.
Wastewater discharge permit requirement.
[Amended 7-28-1998 by Ord. No. O-2-98]
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from THTMA, except that a significant industrial user who has filed a timely application in accordance with Subsection B of this chapter may continue to discharge for a time period not to exceed 180 days from the date the application is filed.
THTMA may require others to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and THTMA's Resolution No. 97-9, as amended, and subjects the wastewater discharge permittee to the sanctions of this chapter and THTMA's resolution. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
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 Part 3, 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:
Name, address and location (if different from the address) of the facility and the name of all operators and owners.
A list of any environmental control permits held by or for the facility.
The SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
A description of the nature of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
Each product produced by type, amount, process (processes) and rate of production.
Type and amount (average and maximum per day) of raw materials processed.
Number and type of employees, hours of operation facility and proposed to actual hours of operation of the pretreatment system.
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.
The average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if applicable.
The time and duration of the wastewater contribution.
Wastewater constituents and characteristics, including but not limited to those mentioned in Article II of this Part 3 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. Laboratory analyses must be attached and submitted with the application.
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.
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:
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.).
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.
The signature of an authorized representative of the industrial user and certification statement as expressed in 40 CFR 403.6(a)(2)(ii).
Any other information as may be deemed by THTMA to be necessary to evaluate the permit application.
Copies of all filings by all industrial users located in Unity Township with the THTMA shall simultaneously be sent to UTMA. THTMA will evaluate the data furnished by the industrial user and may require additional information. THTMA will consult with UTMA as to this data and seek comments on a proposed permit from UTMA. After evaluation and acceptance of the data furnished, THTMA may issue a wastewater contribution permit subject to the terms and conditions provided herein.
THTMA 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 cause the POTW to violate its NPDES permit.
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.
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 and currently discharging to or scheduled to discharge to a POTW shall be required by Subsection B of this section.
At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard shall be required to submit to the control authority an application for a wastewater contribution permit as required by Subsection B of this section. New sources shall also be required to include in the wastewater contribution permit application information on the method of pretreatment that the source intends to use to meet applicable pretreatment standards. New sources shall provide estimates of the information requested in Subsection B(1)(e), (f), (i), (j), (k), (l) and (m) of this section.
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Part 3 and all other applicable regulations, user charges and fees established by THTMA. Permits may contain the following:
Effluent limits based upon applicable general pretreatment standards, categorical pretreatment standards, local limits and state and local law.
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a common sewer.
Limits on the average and maximum wastewater constituent and characteristics.
Limits on the average and maximum rate and time of discharge requirements for flow regulations and equalization.
Requirements for installation and maintenance of inspection and sampling facilities.
Specification for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
Requirements for submission of technical reports or discharge reports.
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by THTMA and affording THTMA access thereto.
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.
Other conditions as deemed appropriate by THTMA to ensure compliance with this Part 3.
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. Notice of THTMA's modification of any permit issued pursuant hereto to an industrial user located in Unity Township shall be provided to UTMA at the same time it is provided to the industrial user.
Permit transfer. 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.
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).
Measurement of pollutants. The industrial user shall comply with the requirements as specified in 40 CFR 403.12(b)(5), as amended.
The industrial user shall identify the pretreatment standards applicable to each regulated process.
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.
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.
The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this Subsection A.
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.
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 questions, 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.
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.
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.
The baseline 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).
Periodic compliance reports: categorical industrial uses. The following requirements must be followed by industrial users to which categorical pretreatment standards apply:
Any industrial user subject to a categorical pretreatment standard, after the compliance date 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 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 rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the above reports are to be submitted.
Where THTMA has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(d), the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
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 B(1) 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 B(1) of this section shall include the industrial user's actual average production rate for the reporting period.
The periodic compliance report shall include the signature of an authorized representative of the industrial user and a certification statement as expressed in 40 CFR 403.6(a)(2)(ii). Copies of all such reports to THTMA by industrial users in Unity Township shall simultaneously be sent to UTMA.
Periodic compliance reports: noncategorical industrial uses.
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 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 of 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.
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). Copies of all such reports submitted to THTMA by noncategorical significant industrial users in Unity Township shall be submitted simultaneously to UTMA.
Compliance report deadline.
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 the information described in this § 96-61 of this Part 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), 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.
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 in accordance with § 96-60B(1)(m) of this Part 3.
The reports required in §§ 96-60B and 96-61B and C of this Part 3 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 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.
If sampling performed by an industrial user indicates a violation, the industrial user shall if 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:
The control authority performs sampling at the industrial user at a frequency of at least once per month; or
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.
The reports required in § 96-61B and C of this Part 3 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.
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 other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
THTMA shall require to be provided and operated at the industrial user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the industrial user's premises, but THTMA may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and so located as not to be obstructed by landscaping or parked vehicles.
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 industrial user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the requirements of THTMA and all applicable local construction standards and specifications. Construction shall be completed within 90 days following notification by THTMA.
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 Part 3 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. The EPA 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. 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.
Any industrial user subject to the reporting requirements established in § 96-61 of this Part 3 shall maintain records of all information resulting from any monitoring activities required by § 96-61 of this Part 3. Such records shall include for all samples:
Any industrial user subject to the reporting requirement established by § 96-61 of this Part 3 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, UTMA 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.
Any POTW to which reports are submitted by an industrial user pursuant to §§ 96-60B and 96-61B and C of this Part 3 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.
The industrial user shall comply with the hazardous waste notification requirements established below:
The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, UTMA 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 § 96-60I of this Part 3. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 96-61 of this Part 3.
Dischargers are exempt from the requirements 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 261.30(e). Discharge of more than 15 kilograms of nonacute hazardous wastes as specified in 40 CFR 261.30(d) and 261.30(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.
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 Waste Division Director, UTMA and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
Users shall provide necessary wastewater treatment as required to comply with this Part 3 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 Part 3. 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.
THTMA shall annually publish in the legal ads department of the local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at any time during the 12 previous months in accordance with 40 CFR 403.8(f)(2)(vii). The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
Information and data on an industrial 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 industrial user specifically requests and is able to demonstrate to the satisfaction of THTMA that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.
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 but shall be made available upon written request to governmental agencies for uses related to this Part 3, 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. In addition, all industrial user information will be provided without any restriction to USEPA, upon which the USEPA will follow the confidentiality requirements of 40 CFR 403.14 in determining what information will be made available to the public. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by THTMA or Unity Township as confidential shall not be transmitted to any governmental agency or to the general public by THTMA until and unless a ten-day notification is given to the user.