Borough of Oakmont, PA Admission of Industrial Waste to Public Sanitary Sewerage System

The economy and desirability of the combined treatment of industrial wastes and sanitary sewage is recognized. In general, any and all industrial wastes may be discharged to the public sanitary sewage system except those which are deemed harmful to the system or are specifically prohibited by Article V of this chapter. However, it is also recognized that the treatment of abnormal industrial wastes may add to the cost of operating and maintaining the public sanitary sewage system. Such additional cost must therefore be borne by the person or persons receiving the benefit of such treatment.

The Borough reserves the right to refuse connection to the public sanitary sewerage system for deleterious industrial wastes or to compel discontinuance of the use of the system for such wastes or to require pretreatment and/or equalization of flow thereof in order to prevent harmful or adverse effects upon the system. The design, construction and operation of such pretreatment and/or flow equalization facilities shall be made at the sole expense of the person discharging said wastes and shall be subject to the approval of the Borough or its designated representative.

§ 157-9 Permit requirements.

It shall be unlawful for any existing or new commercial or industrial facility or any other nonresidential facility to discharge any type of wastewater to the public sanitary sewerage system without first obtaining a sewer connection permit from the Borough Manager in accordance with the provisions of Article VIII of this Chapter.

Upon notification by the Borough, all existing commercial and industrial users shall complete and submit to the Borough within 30 days after such notification a completed industrial waste discharge survey questionnaire, using forms provided by the Borough. All new industrial users shall complete and submit to the Borough a completed industrial waste discharge survey questionnaire, using forms provided by the Borough, prior to and as a condition of obtaining a sewer connection permit.

It shall be unlawful for any existing significant industrial user within the Borough's sewer service area to discharge any wastewater to the public sanitary sewerage system without an industrial waste permit issued by the Borough in accordance with the provisions of this chapter.

All significant industrial users proposing to connect to or to contribute to the Borough's public sanitary sewerage system must obtain an industrial waste permit from the Borough before connecting to or contributing to the public sanitary sewerage system.

§ 157-10 Industrial waste permit application.

Users required to obtain an industrial waste permit must first complete and file with the Borough an application to discharge industrial wastes, in the form prescribed by the Borough and accompanied by an application fee according to the prevailing fee schedule adopted by the Borough. Under the provisions of Article VI of this chapter, the Borough reserves the right to assess additional charges and fees to cover any reasonable costs incurred by the Borough in reviewing and processing the application to discharge industrial wastes. Existing significant industrial users shall submit an application within 90 days after written notification from the Borough that the user must obtain an industrial waste permit. Proposed new users shall submit an application at least 90 days prior to connecting to or contributing to the public sanitary sewerage system. In support of the application to discharge industrial wastes, the user shall submit, in units and terms appropriate for evaluation, the following information wherever possible:

(1)

Name, address and location of facility (if different from the mailing address).

(2)

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(3)

Wastewater constituents and characteristics, including but not limited to those mentioned in Article V of this chapter, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended and hereafter amended.

(4)

Time and duration of contribution.

(5)

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(6)

Site plans, floor plans, mechanical and plumbing plans or sketches to approximate scale and sufficient detail to show all sewers, sewer connections and appurtenances by the size, location and elevation.

(7)

Description of activities, facilities and plant processes on the premises, including a list of all toxic pollutants and pollutants prohibited or regulated by this chapter which are or could potentially be discharged to the public sanitary sewerage system.

(8)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any Borough, 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.

(9)

If additional pretreatment and/or operation and maintenance procedures will be required to meet the pretreatment standards, the user shall submit 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:

(a)

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 contracts for major components, commencing construction, completing construction, etc.).

(b)

No increment referred to in Subsection A(9)(a) above shall exceed nine months.

(c)

No 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 Borough.

(10)

Each product produced by type, amount, process or processes and rate of production.

(11)

Type and amount of raw materials processed (average and maximum per day).

(12)

Number of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(13)

Any other information as may be deemed necessary by the Borough to evaluate the application.

The Manager or other authorized representative of the Borough shall review the application for completeness within 60 days of its receipt and notify the applicant, in writing, as to whether the application is considered complete or incomplete. If the application is incomplete, the Manager shall specify the additional information that is required to complete the application and a date for submitting the necessary information. After an application is completed, the Manager may still request additional information but only to clarify, modify or supplement the previously submitted material. If the Manager deems it necessary, a site visit may be scheduled with the applicant to assist the Manager in evaluating the application. Failure or refusal to correct deficiencies in the application within a reasonable time schedule may be cause for permit denial and appropriate enforcement action as per Article X of this chapter.

The Manager shall issue a draft industrial waste permit or notice of intent to deny a permit application within 60 days after receipt of the completed application. The applicant shall be given a minimum thirty-day period to review and comment on the proposed permit or permit denial action. Upon request, the Manager shall schedule an informal meeting with the applicant to review the draft permit or proposed permit denial action. In the event that the applicant and the Manager cannot come to an agreement on the draft permit or permit denial action, the applicant may request a formal meeting before the Borough Council to appeal the permit denial action or specific provisions of the draft permit. A request for an appeal must be submitted, in writing, to the Manager within 30 days after the informal meeting with the Manager. The request shall clearly state the specific action or provisions being appealed and the grounds for the appeal. Within 30 days after the close of the applicant's review period or the appeal meeting, the Borough shall issue a final industrial waste permit or a formal denial of permission to discharge the proposed industrial wastes.

§ 157-11 Permit modifications.

As soon as possible after the promulgation of a federal categorical pretreatment standard, the industrial waste permit of any existing users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard.

Within 180 days after the effective date of the applicable federal categorical pretreatment standard, any user which has not previously submitted an application to discharge industrial wastes, as required by § 157-10A of this chapter, shall submit to the Borough an application to discharge industrial wastes, together with a baseline monitoring report as required by 40 CFR 403.12(b). Within 180 days after the effective date of the applicable federal categorical standard, any user with an existing industrial waste permit shall submit to the Borough a baseline monitoring report including the information required by § 157-10A(8) and (9) of this chapter.

§ 157-12 Permit conditions.

Industrial waste permits shall be expressly subject to all provisions of this chapter and any other applicable regulations, user charges and fees established by the Borough. Permits may contain the following information and requirements:

Permit issuance date, expiration date and effective date.

Unit charges or a schedule of user charges and fees for the wastewater to be discharged to the public sanitary sewerage system.

Effluent limits, including best management practices, based on applicable pretreatment standards.

Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs which include sampling locations, frequency of sampling, number, sample types and standards for tests and reporting schedule.

Compliance schedules; however, it must be noted that no such compliance schedule shall exempt an industrial user from further enforcement action for failure to meet a compliance date for any applicable federal pretreatment standards.

Requirements for submission of technical reports or discharge reports. (See § 157-16A of this chapter.)

Requirements for maintaining and retaining plant records relating to the wastewater discharge and best management practices as specified by the Borough and affording the Borough or any authorized Borough representative access thereto.

Requirements for prior notification of the Borough of any new introduction of wastewater pollutants or any substantial change in the volume or character of the wastewater pollutants being introduced into the public sanitary sewerage system.

Requirements for control and notification of slug or accidental discharges as per § 157-31B of this chapter and developing and implementing a slug discharge control plan in accordance with the requirements of 40 CFR 403.8(J)(l)(v).

Requirements for compliance with all applicable federal categorical pretreatment standards and reporting requirements.

Requirements for submitting to the Borough all available sampling and monitoring data conducted in accordance with 40 CFR, Part 136, procedures.

Requirements for developing and implementing a spill prevention and control plan and use of best management practices (BMPs) to prevent spills or accidental discharges from entering the public sanitary sewerage system.

Requirements for transfer of the industrial waste permit to new owners.

Notice of applicable civil and criminal penalties for violation of pretreatment standards and requirements or permit conditions.

Other conditions as deemed appropriate by the Borough to ensure compliance with this chapter.

§ 157-13 Permit duration.

Industrial waste 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 terms and conditions of a permit may be subject to modification by the Borough during the term of the permit if the limitations or requirements identified in Article V of this chapter 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 the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

§ 157-14 Permit renewal.

A user with a currently effective permit shall submit a renewal application to the Borough at least 180 days before the expiration date of the existing permit unless permission for a later date has been granted by the Manager. The terms and conditions of the existing permit shall remain fully effective and enforceable until the effective date of a new permit, provided that the industrial user has properly submitted a complete application for renewal of the permit within the specified time period and the Borough has not terminated the existing permit or denied the renewal in accordance with the provisions of this chapter.

§ 157-15 Reassignment or transfer of permit.

Industrial waste 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 prior written approval of the Borough. The permittee shall notify the succeeding owner or controller of the existence of this permit by certified letter, a copy of which shall be forwarded to the Borough, at least 30 days prior to completing any such transfer. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit until such time that a new permit is issued by the Borough.

§ 157-16 Reporting requirements.

All categorical and noncategorical industrial users, whether permitted or not, shall notify the Borough immediately of all discharges or change of discharge that could cause or potentially cause problems to the POTW, including any slug loadings or accidental spills by the industrial user.

All industrial users shall notify the Borough within 24 hours of becoming aware of a violation, based on the sampling performed by the industrial user. In addition, the industrial user shall also repeat the sampling and analysis for the pollutant parameter in noncompliance and submit the results of the repeat analysis to the Borough within 30 days after becoming aware of the violation.

All categorical and noncategorical industrial users, whether permitted or not, shall promptly notify the Borough 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 an initial notification under 40 CFR 403.12(p). Formal written notification will be submitted to the Borough at least 60 days prior to any anticipated changes that will result in increased pollutant contributions or the introduction of any new pollutants so that permit requirements can be established as necessary.

All industrial users, whether permitted or not, shall notify the Borough, the USEPA and the Pennsylvania DEP, in writing, of any discharge into the POTW of any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261, in accordance with the requirements of 40 CFR 403.12(p). At a minimum, such notification must include the name of the listed or characteristic hazardous wastes, the EPA hazardous waste number and the type of discharge (i.e., continuous, batch or other). The industrial user shall also notify the Borough, in writing, at least 60 days in advance of any substantial change in the volume or character of any listed or characteristic hazardous wastes discharge for which the permittee has submitted initial notification under 40 CFR 403.12(p).

Within 180 days after the effective date of any categorical pretreatment standard now or later promulgated by the USEPA or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, any industrial user subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Borough a baseline monitoring report (BMR) containing the information listed in Paragraphs (b)(1) through (b)(7) of 40 CFR 403.12. At least 90 days prior to commencement of any discharge, new sources and any sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Borough a BMR which contains the information listed in Paragraphs (b)(1) through (b)(5) of 40 CFR 403.12 and information on the method of pretreatment the source intends to use to meet the applicable pretreatment standards.

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 categorical pretreatment standards and requirements shall submit to the Borough a ninety-day compliance report containing the CFR information described in Paragraphs (b)(4) through (b)(6) of 40 CFR 403.12. For industrial users subject to equivalent mass or concentration limits established by the Borough, this report shall contain reasonable measure of the 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 user's actual production during the appropriate sampling period.

The BMR and ninety-day compliance report that must be submitted by categorical industrial users shall include a statement, reviewed and signed by an authorized representative of the industrial user, as defined in this chapter, and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to comply with the applicable pretreatment standards and requirements.

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 into the POTW, shall submit to the Borough during the months of March, June, September and December, unless required more frequently in the pretreatment standard or by the Borough, a periodic compliance report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. 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 Borough or the pretreatment standard necessary to determine the compliance status of the user. In addition, this report shall include a record of measured or estimated average and maximum daily flows during the reporting period. At the discretion of the Borough and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Borough may agree to alter the months during which the above reports must be submitted. For industrial users subject to equivalent mass or concentration limits established by the Borough, this report shall contain a reasonable measure of the 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 user's actual production during the appropriate sample period.

All noncategorical significant industrial users (SIUs) shall submit to the Borough at least once every six months (on dates specified by the Borough), unless required more frequently by the Borough, a periodic compliance report describing the nature, concentration and flow of the pollutants discharged to the POTW and any other information deemed appropriate by the Borough. In cases where the permit requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Borough necessary to determine the compliance status of the user.

The BMR, ninety-day compliance reports and periodic compliance reports from both categorical and noncategorical industrial users shall be based upon sampling and analyses of the discharge, including the flow or production and mass where requested by the Borough, performed during the period covered by the report. All sampling and analyses shall be representative of normal work cycles or production levels and the expected pollutant discharges to the POTW. All sampling techniques, methods of sample preservation and analytical techniques shall be in accordance with the procedures and standards described in 40 CFR, Part 136, and amendments thereto. Where 40 CFR, Part 136, does not include sampling or analytical techniques for the pollutant in question or where the EPA Administrator determines that the Part 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 Borough or other persons, approved by the EPA Administrator.

All BMRs, ninety-day compliance reports and periodic compliance reports from both categorical and noncategorical industrial users shall be signed by an authorized representative of the industrial user as defined in this chapter and shall include 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 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.

§ 157-17 Monitoring facilities.

When required by the Borough as a condition of the permit, an industrial user shall install a suitable manhole or manholes on his connecting sewer or sewers to facilitate observation sampling and measurement of the combined flow of wastes from his premises. Alternate monitoring facilities or arrangements may be acceptable to the Borough under certain conditions and will be considered on a case-by-case basis. Such manhole or manholes shall be accessible and safely located and shall be constructed in accordance with plans approved by the Borough. All wastewater samples must be representative of the users discharge. The monitoring facilities shall be installed by the user at his own expense and shall be maintained by the user so as to be safe and accessible to the Borough or its authorized representative at all times.

There shall be ample room in or near such sampling manhole or monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facilities that the user is required to install shall be maintained at all times in a safe and proper operating condition at the expense of the user. The failure of the user to keep its monitoring in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(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 Borough. Where time-proportional composite sampling or grab sampling is authorized by the Borough, 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 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 Borough, 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 § 157-16 [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 Borough may authorize a lower minimum. For the reports required by § 157-16 [40 CFR 403.12(e) and 403.12(h)], the Industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Borough's requirements and all applicable local construction standards and specifications. Construction shall be completed within 180 days following written notification by the Borough.

§ 157-18 Inspection and sampling.

The Borough shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Borough or its authorized representatives ready access at all reasonable times to all parts of the premises necessary for the purpose of inspection, sampling, records examination (including the right to inspect and copy records) or in the performance of any of their duties. The right of access for inspection shall extend to but not necessarily be limited to production areas or other premises where wastewater discharges are generated, chemical storage areas, hazardous waste storage areas, any pretreatment facilities and any sampling and monitoring equipment or facilities. The Borough 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. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards such that upon presentation of suitable identification, personnel from the Borough, designated representatives of the Borough and/or the approval authority will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

§ 157-19 Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Existing sources shall comply with categorical pretreatment standards within three years of the date the standard is effective, unless a shorter compliance time is specified in the applicable standard. New sources shall install and have in operating condition and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge to the POTW. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.

Any facilities required to pretreat wastewater to a level acceptable to the Borough 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 Borough for review and shall be acceptable to the Borough before construction of the facility. The review and approval 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 Borough under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Borough prior to the user's initiation of changes.

§ 157-20 Significant noncompliance publication.

The Borough shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the list of the industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of 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 the daily maximum limit or the average limit.

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all measurements for each pollutant parameter taken during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other pollutants except pH).

Any other violation of a standard or requirement as defined by § 157-12 and/or § 157-24 (daily maximum or longer average) that the Borough 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.

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Borough's exercise of its emergency authority under 40 CFR 403.8(f)(l)(vi)(B) or § 157-51A of Article X of this chapter to halt or prevent such discharge.

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.

Failure to provide, within 30 days after the due date, any required reports such as BMRs, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

Any other violation or group of violations which may include a violation of best management practices, which the Borough determines will adversely affect the operation or implementation of the local pretreatment program.

§ 157-21 Confidential information.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or Pennsylvania DEP upon request.

Information and data on a user obtained from reports, questionnaires, applications, service agreements 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 Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the 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 general public but shall be made available upon written request to governmental agencies for uses related to this chapter, the Borough's National Pollutant Discharge Elimination System (NPDES) permit and/or the State Disposal System; 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. Wastewater constituents and characteristics will not be recognized as confidential information.

§ 157-22 Records retention.

All industrial 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, 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 under § 157-12. 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 industrial user or the Borough, or where the industrial user has been specifically notified of a longer retention period by the Borough.