(A) Waste survey. When requested by the township, all nonresidential users must submit information on the nature and characteristics of their wastewater by completing a waste survey within 30 days of the request. The township is authorized to prepare a form for this purpose and may periodically require users to update the survey.
(B) Wastewater discharge permit requirements.
(1) No significant industrial users shall discharge industrial wastewater into the POTW without first obtaining a wastewater discharge permit from the township, except when an SIU has filed a timely permit application pursuant to divisions (B)(2) and (B)(3) below, then the SIU may continue to discharge for the time period specified therein.
(2) Any significant industrial user which discharges industrial wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the township for a wastewater discharge permit in accordance with division (C) below, if said user does not have a wastewater discharge permit, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the township.
(3) Any significant industrial user proposing to begin or recommence discharging industrial wastewater into the POTW shall obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit shall be filed at least 60 days prior to the date upon which any discharge is to begin.
(4) The township may require other nonresidential users, with the potential to discharge wastewater other than domestic wastewater, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. In any case, the owner or his or her agent shall complete a permit application furnished by the township when requested.
(5) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the permittee to the sanctions set out in § 55.05(A) and (B). Obtaining a wastewater discharge permit does not relieve the permittee of its obligation to comply with all federal, state and local pretreatment standards or requirements.
(C) Wastewater discharge permit application.
(1) Users required to obtain a wastewater discharge permit shall complete and file with the township, an application in the form prescribed by the township and accompanied by the applicable fee.
(2) In support of the application, the user shall submit, in units and terms appropriate for evaluation, information including, but not limited to, the following:
(a) Name, address and NAICS number, according to the North American Industry Classification System, United States, 2002 Manual, Office of Management and Budget;
(b) Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Clean Water Act, and contained in 40 C.F.R. § 136, as amended;
(c) Time and duration of discharge;
(d) Average daily and 60-minute peak wastewater flow rates, including daily,
(e) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, floor drains and appurtenances by size, location and elevation;
(f) Description of activities, facilities and plant processes on the premises, including all materials used or stored at the facility which are, or could be, discharged to the POTW;
(g) Each product produced by type, amount, process or processes, and rate of production;
(h) Number and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment system;
(i) Water usage and disposal;
(j) Type and amount of raw materials processed;
(k) Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, 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;
(l) If additional pretreatment and/or O&M is required to meet the pretreatment standards; 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. A compliance schedule shall meet the requirements set out in § 55.04(B);
(m) If the industrial user also has an NPDES permit for a direct discharge, a copy of the NPDES permit;
(n) Any other information as may be deemed by the township to be necessary to evaluate the permit application; and
(o) The permit application shall be signed by an authorized representative of the user.
(3) Applications which are deemed by the township to be incomplete or inaccurate shall not be processed and shall be returned to the user for revision.
(D) General permits.
(1) At the discretion of the township, the township may use general permits to control IU discharges to the POTW if the following conditions are met.
(2) All facilities to be covered by a general permit must:
(a) Involve the same or substantially similar types of operations;
(b) Discharge the same types of wastes;
(c) Require the same effluent limitations;
(d) Require the same or similar monitoring; and
(e) In the opinion of the township, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
(3) To be covered by the general permit, the IU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any request in accordance with § 55.04(D)(4) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the township has provided written notice to the IU that such a waiver request has been granted in accordance with § 55.04(D)(4).
(4) The township will retain a copy of the general permit, documentation to support the township’s determination that a specific IU meets the criteria in divisions (D)(2)(a) through (D)(2)(e) above and a copy of the IU’s written request for coverage for at least three years after the expiration of the general permit.
(5) The township may not control an IU through a general permit where the facility is subject to production-based federal categorical pretreatment standards or federal categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined wastestream formula or net/gross calculations.
(E) Signatories and certification.
(1) Certification of permit applications, user reports and initial monitoring waiver.
(a) All wastewater discharge permit applications, user reports and initial monitoring waivers shall be signed by an authorized representative of the user and shall contain 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 who manage the system, or those 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.”
(b) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the township prior to or together with any reports to be signed by an authorized representative.
(2) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user pursuant to 40 C.F.R. § 403.3(v)(2) must annually submit the following certification statement, signed in accordance with the signatory requirements in 40 C.F.R. § 403.12(1) and § 55.01. This certification must accompany an alternative report required by the township:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 C.F.R. _________, I certify that, to the best of my knowledge and belief that during the period from _____ to______, ____, (months, days, year) the facility described as _____ (facility name) met the definition of a nonsignificant categorical industrial user as described in 40 C.F.R. § 403.3(v)(2) and § 55.01 and complied with all applicable pretreatment standards and requirements during this reporting period. I further certify that the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance information is based upon the following information: _____________________________________________________________”.
(3) Certification of pollutants not present. Users that have an approved monitoring waiver based on § 55.04(D)(4) shall certify on each report using the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
“Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 C.F.R. _______, I certify that, to the best of my knowledge and belief, there has been no increase in the level of __________ (list pollutant(s)) in the wastewaters due to the activities at the facility since filing of the last periodic report under § 55.04(D)(4) of the Antis Township Sewer Use Ordinance.”
(F) Wastewater discharge permit decisions. The township will evaluate the data furnished by the user. The township may request additional information, issue a wastewater discharge permit, or deny any application for a wastewater discharge permit.
(G) Wastewater discharge permit conditions. Wastewater discharge permits are hereby subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the township; wastewater discharge permits may include such conditions as are reasonably deemed necessary by the township to prevent pass through or interference, protect the quality of the water body receiving the POTW’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW. Wastewater discharge permits may contain the following information:
(1) The wastewater discharge permit duration shall not exceed five years;
(2) The wastewater discharge permit is nontransferable without prior notification to and approval from the township. Permit transfers shall be made in accordance with division (G)(5) below;
(3) Effluent limits, including best management practices, based on applicable pretreatment standards. Such BMPs shall be considered local limits and pretreatment standards for the purposes of 403 C.F.R. § 403 and § 307(d) of the Act;
(4) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements include, but are not limited to, an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law. This also includes the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge, or a specific waived pollutant in the case of a wastewater discharge permit;
(5) Civil, criminal and administrative penalties for violation of pretreatment standards and requirements, any applicable compliance schedule, or any other requirements set forth in this chapter. Such compliance schedules may not extend the time for compliance beyond that required by applicable federal, state and local law;
(6) The unit charge or schedule of user charges and fees for the treatment of the wastewater discharged to the POTW;
(7) Limits on the average and/or maximum wastewater constituent concentrations, mass or other measure of identified wastewater pollutants or properties, and limits on the location of discharge points;
(8) Limits on average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization;
(9) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the POTW;
(10) Requirements for the installation and proper operation and maintenance of a user’s treatment facility, inspection and sampling facilities, and other equipment; and notification to the township regarding the failure of such facilities and equipment;
(11) Requirements for maintaining and affording township representatives, including contractors, access to a user’s property and plant records relating to the wastewater discharges;
(12) Requirements for notification to the township of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents;
(13) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
(14) Requirements to control slug discharges, if determined by the township to be necessary;
(15) Any grant of the monitoring waiver by the township, such as for pollutants not present as described in § 55.04(D)(4), must be included as a condition in the user’s permit;
(16) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(17) A statement that compliance with the wastewater discharge permit does not relieve the Permittee of the responsibility for compliance with all applicable pretreatment standards, including those that become effective during the term of the wastewater discharge permit; and
(18) Other conditions as deemed appropriate by the township to ensure compliance with this chapter, and state and federal laws, rules and regulations, or as otherwise deemed necessary to protect the POTW, sludge quality, human health and the environment.
(H) Wastewater discharge permit issuance.
(1) Permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period of less than five years at the discretion of the township.
(2) Permit public notice. The township may provide public notice in a newspaper of general circulation that provides meaningful public notice within the jurisdiction of the POTW, at least 14 days prior to issuance of a wastewater discharge permit. The notice will indicate a location where the draft/final wastewater discharge permit may be reviewed and an address where written comments may be submitted.
(3) Permit appeals. Any person, including the user, may petition the township to reconsider the terms of a wastewater discharge permit within 30 days of its issuance or modification. Such petition shall be in writing and shall clearly state all facts on which it relies.
(a) Failure to submit a timely petition for review shall be deemed a waiver of the administrative appeal.
(b) In its petition, the appealing party shall indicate the wastewater discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. If the appeal is for a modified wastewater discharge permit, only the modified permit conditions shall be subject to appeal.
(c) The effectiveness of the wastewater discharge permit shall not be stayed pending an appeal.
(d) If the township fails to initiate action to reconsider the decision within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered a final administrative action for purposes of judicial review.
(e) Aggrieved parties seeking judicial review of final administrative wastewater discharge permit decisions must do so by filing a complaint with the Court of Common Pleas for the county within 30 days of the township’s determination, or within 30 days of the expiration of the 30-day period under division (H)(3)(d) above, as applicable.
(4) Permit modifications.
(a) The terms and conditions of the wastewater discharge permit may be subject to modification by the township during the term of the permit for cause as provided below. Changes or new conditions in the wastewater discharge permit may include a reasonable time schedule for compliance as authorized by applicable law and as determined by the township.
(b) Causes for modification to a wastewater discharge permit include, but are not limited to, the following:
1. Changes in federal, state or local pretreatment standards or requirements;
2. Alterations or additions to the user’s operation, process or wastewater discharge volume or character since the time of the wastewater discharge permit issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the POTW, personnel or the receiving waters, or may place the township in violation of its NPDES permit;
5. Violation of any terms or conditions of the wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
7. Revision of a grant of variance from federal categorical pretreatment standards pursuant to 40 C.F.R. § 403.13;
8. To correct typographical or other errors in the wastewater permit;
9. To reflect a transfer of the facility ownership and/or operation to a new owner/operator; and
10. Any cause identified in division (G)(6) above.
(5) Permit transfer. Wastewater discharge permits shall be issued to a specific user for a specific operation. A wastewater discharge permit shall not be transferred to any person or to different premises, and shall not encompass a new or changed operation unless township approval is issued.
(a) Notice of the transfer shall be provided to the township 30 days in advance of the transfer and shall include a written certification by the new owner and/or operator which:
1. Provides the name and address of the facility including the name of the new owner and/or operator;
2. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
3. Identifies the specific date on which the transfer is to occur; and
4. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(b) Failure to provide advance notice of a transfer shall render the wastewater discharge permit void on the date of facility transfer. The township may modify or terminate a transferred permit as set forth in divisions (G)(4) or (G)(6) above.
(6) Permit termination.
(a) The township may revoke or terminate a wastewater discharge permit for cause, including, but not limited to, the following reasons:
1. Failure to notify the township of significant changes in the operation or wastewater volume, characteristics or constituents prior to discharge;
2. Failure to provide prior notification to the township of changed conditions pursuant to § 55.04(E);
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or reports;
4. Falsifying monitoring reports;
5. Tampering with monitoring equipment;
6. Refusing to allow the township or its representative timely access to the facility premises and records;
7. Failure to meet effluent limitations;
8. Failure to timely pay fines;
9. Failure to timely pay sewer charges;
10. Failure to meet compliance schedules;
11. Failure to complete a waste survey or wastewater discharge permit application;
12. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
13. Violation of any pretreatment standard or requirement, or any conditions of the wastewater discharge permit or this chapter;
14. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; or
15. Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the POTW, township personnel or the receiving waters, or may place the township in violation of its NPDES permit.
(b) Wastewater discharge permits shall be voided by the township for non-use, cessation of operations, or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a subsequent wastewater discharge permit to that user. A user shall be notified of the proposed termination of its wastewater discharge permit and may be offered an opportunity to show cause as set forth in § 55.05(A)(3).
(7) Permit reissuance. Except as otherwise approved by the township, the user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge permit. Notwithstanding any other provision of this chapter, if the user has timely filed a complete permit application, and the township, through no fault of the user, has not reissued the wastewater discharge permit prior to the expiration date, the conditions of the existing wastewater discharge permit shall continue until such time the township has issued another permit.
(8) Authorization to issue permits. The Wastewater Treatment Plant Superintendent has the authorization to issue permits. His or her signature shall appear on the first page of each industrial user permit with the issuance, amendment and expiration dates of the discharge permit.
(9) Regulation of wastewater received from other municipalities. If another municipality or user located within another municipality contributes wastewater to the POTW, the township shall enter into an interjurisdictional agreement with the contributing municipality. Pertinent information relative to the quality and volume of wastewater discharged from the contributing municipality shall be requested prior to entering into an agreement with the contributing municipality.
(Ord. 2-2010, passed 11-4-2010)