A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.).
(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.
B.
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.
C.
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.
A.
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.
B.
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.
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:
A.
Permit issuance date, expiration date and effective date.
B.
Unit charges or a schedule of user charges and fees for the wastewater
to be discharged to the public sanitary sewerage system.
C.
Effluent limits, including best management practices, based on applicable
pretreatment standards.
D.
Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
E.
Requirements for installation and maintenance of inspection and sampling
facilities.
F.
Specifications for monitoring programs which include sampling locations,
frequency of sampling, number, sample types and standards for tests
and reporting schedule.
G.
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.
H.
Requirements for submission of technical reports or discharge reports. (See § 157-16A of this chapter.)
I.
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.
J.
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.
K.
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).
L.
Requirements for compliance with all applicable federal categorical
pretreatment standards and reporting requirements.
M.
Requirements for submitting to the Borough all available sampling
and monitoring data conducted in accordance with 40 CFR, Part 136,
procedures.
N.
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.
O.
Requirements for transfer of the industrial waste permit to new owners.
P.
Notice of applicable civil and criminal penalties for violation of
pretreatment standards and requirements or permit conditions.
Q.
Other conditions as deemed appropriate by the Borough to ensure compliance
with this chapter.
A.
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.
B.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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).
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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.
B.
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.
C.
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.
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.
A.
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.
B.
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.
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:
A.
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.
B.
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).
C.
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.
E.
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.
F.
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.
G.
Failure to accurately report noncompliance.
H.
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.
A.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or Pennsylvania DEP upon
request.
B.
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.
C.
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.
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.