(A) Baseline monitoring report (BMR).
(1) Within either 180 days after the effective date of a federal categorical pretreatment standard, or the final administrative decision of a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical significant industrial users (SIUs) subject to such federal categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall submit a BMR to the township which contains the information listed in 40 C.F.R. § 403.12(b) and in this division (A). At least 90 days prior to commencement of their discharge, new sources and sources that become Categorical SIUs subsequent to the promulgation of an applicable federal categorical pretreatment standard, shall be required to submit a BMR to the township which contains the information listed in 40 C.F.R. § 403.12(b) and in this division (A). A new source shall report the method of pretreatment it intends to use to meet applicable federal categorical pretreatment standards, and provide estimates of its anticipated flows and quantity of pollutants to be discharged.
(2) Categorical SIUs shall submit the following information for a BMR:
(a) The name and address of the facility, including the name of the operator and owner;
(b) A list of any environmental control permits held by or for the facility;
(c) A brief description of the nature, average rate of production and North American Industry Classification System (NAICS) number of the operation(s) carried out by such user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(d) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process wastestreams and other wastestreams, as necessary, to allow use of the combined wastestream formula as established in 40 C.F.R. § 403.6(e);
(e) The federal categorical pretreatment standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the federal categorical pretreatment standard or by the township, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. At least one sample representative of daily operations shall be provided with the BMR and shall be analyzed in accordance with procedures found in division (H)(2) below. Sampling shall be performed in accordance with procedures found in division (H)(1) below. The BMR shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;
(f) A certification statement, reviewed by the user’s authorized representative and certified 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 to meet the pretreatment standards and requirements;
(g) If additional pretreatment and/or O&M are required to meet the pretreatment standards and requirements, the Categorical SIU shall submit the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards or requirements. A compliance schedule shall meet the requirements set forth in division (B) below;
(h) All BMRs shall be signed and certified in accordance with Section 9-3(d) of this chapter; and
(i) In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation required by the township or the pretreatment standard or requirement necessary to determine compliance status of the user.
(B) Compliance schedule progress report. The following conditions shall apply to the schedule required by § 55.03(C)(12) and division (A)(7) above.
(1) The schedule shall contain progress increments 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 and requirements (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and initiating operation).
(2) No increment referred to in division (B)(1) above shall exceed nine months.
(3) The user shall submit a progress report to the township no later than 14 days following each date in the schedule and the final date of compliance, including 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 the delay, and the steps being taken by the user to return to the established schedule.
(4) No more than nine months shall elapse between the dates on which such progress reports are provided to the township.
(C) Reports on compliance with federal categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable federal categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such federal categorical pretreatment standards shall submit to the township a report containing the information described in divisions (A)(2)(d) through (A)(2)(f) above. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to federal 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. All compliance reports shall be signed and certified in accordance with § 55.03(D). In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution alternative, the user shall submit documentation required by the township or the pretreatment standard or requirement necessary to determine compliance status of the user.
(D) Periodic compliance report.
(1) Except as specified in division (D)(5) below, all significant industrial users subject to a federal categorical pretreatment standard or any other pretreatment standard or requirement shall submit periodic compliance reports to the township in accordance with 40 C.F.R. § 403.12(e), (g) and (h), as applicable, during the months of July and January, unless required more frequently in the pretreatment standard or requirement or by the township, indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards or requirements. Both daily maximum and average concentrations shall be reported. In addition, the report shall include a record of the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation required by the township or the pretreatment standard necessary to determine compliance status of the user. At the discretion of the township and in consideration of such factors as local high and low flow rates, holidays, budget cycles and the like, the township may agree to alter the months during which the above reports shall be submitted. All periodic compliance reports shall be signed and certified in accordance with § 55.03(D). Copies of all chain of custody forms and laboratory analytical reports from the contract laboratory shall be provided with each periodic compliance report.
(2) The township shall impose mass limitations on users where the imposition of mass limitations is appropriate. In such cases, the report required in division (D)(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the township, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the township.
(3) Categorical SIUs subject to equivalent mass or concentration limits established by the township in accordance with 40 C.F.R. § 403.6(c) shall include a reasonable measure of the Categorical SIU’s long-term production rate in the periodic compliance report. Categorical SIUs subject to federal categorical pretreatment standards, which are expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), shall include the Categorical SIU’s actual average production rate for the reporting period in the periodic compliance report.
(4) The township may authorize an IU subject to a federal categorical pretreatment standard to forego sampling of a pollutant regulated by a federal categorical pretreatment standard if the IU has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is only present at background levels from intake water and without any increase in the pollutant due to activities of the IU, as subject to the following conditions.
(a) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from a facility provided that the sanitary wastewater is not regulated by an applicable federal categorical pretreatment standard and otherwise includes no process wastewater.
(b) The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.
(c) In making a demonstration that a pollutant is not present, the IU must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(e) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 C.F.R. § 136 with the lowest minimum detection level for that pollutant is used for the analysis.
(f) Any grant or a monitoring waiver by the township must be included as a condition of the user’s wastewater discharge permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the township for three years after expiration of the waiver.
(g) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur with the user’s operations, the user must immediately comply with the monitoring requirements of division (D)(1) above or other more frequent monitoring requirements imposed by the township. In such cases, the user shall immediately notify the township.
(h) This provision does not supersede certification processes and requirements established in federal categorical pretreatment standards, except as otherwise specified in the federal categorical pretreatment standard.
(5) The township may reduce the requirement for periodic compliance reports, as outlined in division (D)(1) above, to a requirement to report no less frequently than once a year, unless required more frequently in a pretreatment standard or by EPA, where the Categorical SIU’s total categorical wastewater flow does not exceed any of the following conditions:
(a) Greater than 0.01 percent of the POTW’s design dry-weather hydraulic capacity of the POTW treatment plant, or 5,000 GPD, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
(b) Greater than 0.01% of the POTW’s design dry-weather organic capacity of the POTW treatment plant; and
(c) Greater than 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable federal categorical pretreatment standard for which approved local limits are developed, in accordance with § 55.02(D).
(6) Reduced reporting is not available to IUs that have been in significant noncompliance during the last two years, as defined division (I) below. In addition, reduced reporting is not available to IUs with daily flow rates, production levels or pollutant levels that vary so significantly that, in the opinion of the township, decreasing the reporting requirement for this type of IUs results in data that are not representative of conditions occurring during the reporting period. The IU must notify the township immediately of any changes at its facility causing it to no longer meet the conditions outlined in this section. Upon notification, the IU must immediately begin complying with the minimum reporting in division (D)(1) above.
(7) The township must retain documentation to support the township’s determination that a specific IU qualifies for reduced reporting requirements under this section for a period of three years after the expiration of the term of the control mechanism.
(E) Report of changed conditions. Each user shall notify the township in writing of any planned significant changes to the user’s operations or system which may alter the nature, quality or volume of its wastewater at least 30 days before the change occurs; this notification requirement includes anticipated changes in user production which can reasonably be expected to impact the POTW.
(1) The township may require the user to submit such information as deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 55.03(C).
(3) No user shall implement the planned changed condition(s) until and unless the township has responded to the user’s notice. The township may require the user to undertake a compatibility study to demonstrate to the satisfaction of the township that the wastewater to be discharged is compatible with the POTW, will not affect any requirements imposed upon the township (including sludge disposal requirements), and will not adversely affect the POTW.
(4) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 10% or greater, and the discharge of any previously unreported pollutants.
(F) Report of potential problems.
(1) In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, which may cause pass through or interference or affect sludge quality at the POTW, the user shall immediately notify the township of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. The notification hereunder does not authorize or otherwise condone a discharge in violation of this chapter, a wastewater discharge permit, or other applicable federal, state or local requirements.
(2) Within five days following such discharge, the user shall, unless waived by the township, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, damage, loss or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law. This written report shall be signed by an authorized representative of the user.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (F)(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedures.
(4) All industrial users are required to notify the township immediately of any changes at its facility affecting the potential for a slug discharge.
(G) Notification of hazardous waste discharge.
(1) All users shall notify the POTW, the EPA Regional Waste Management Division Director and DEP Waste Management authorities in writing in accordance with 40 C.F.R. § 403.12(p) of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. § 261; such notification shall include:
(a) The name of the hazardous waste as set forth in 40 C.F.R. § 261;
(b) The EPA hazardous waste identification number; and
(c) The type of discharge (continuous, batch or other).
(2) If the user discharges more than 100 kilograms (45.5 pounds) of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent that such information is known and readily available to the user:
(a) An identification of the hazardous constituents contained in the waste;
(b) An estimation of the mass and concentration of such constituents in the industrial wastewater discharged during that calendar month; and
(c) An estimation of the mass of constituents in the industrial wastewater expected to be discharged during the following 12 months.
(3) All notifications under this division (G) shall take place immediately or no later than 180 days after the discharge commences, whichever is later. Any notification under this division (G) need be submitted only once for each hazardous waste discharge; however, notifications of changed discharges shall be submitted per division (E) above. This notification requirement does not apply to pollutants already reported by users subject to federal categorical pretreatment standards under the monitoring requirements of divisions (A), (C) and (D) above.
(4) Dischargers are exempt from the requirements of division (G)(1) above during a calendar month in which they discharge no more than 15 kilograms (6.8 pounds) of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms (6.8 pounds) of non-acute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of hazardous waste do not require additional notification.
(5) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste, the user shall notify the township, the EPA Regional Waste Management Division Director and DEP Waste Management authorities of the discharge of such substances within 90 days of the effective date of such regulations.
(6) In the case of any notification made under this division (G), the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(7) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a wastewater discharge permit issued hereunder, or any applicable federal or state law.
(H) Compliance monitoring.
(1) Sample collection:
(a) Samples for cyanide, oil and grease, pH, total phenols, sulfide, temperature, toxicity and volatile organic compounds shall be obtained using grab collection techniques.
(b) Grab samples shall also be used for any pollutant subject to an instantaneous maximum limitation.
(c) All other wastewater compliance monitoring samples shall be collected using flow-proportioned composite collection techniques. The township may authorize the use of time proportioned sampling or the collection of one grab sample every two hours for the duration of the discharge where the user demonstrates to the township that the grab samples shall be representative of the effluent being discharged to the POTW. Holding time for sample parameters begins at the time the last sample is collected in the composite sampling bottle. The time of final sample collection shall be recorded on the chain of custody form.
(d) The decision to allow the alternative sampling must be documented in the IU file for the facility or facilities. Using protocols (including appropriate preservation) specified in 40 C.F.R. § 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfide, the samples may be composited in the laboratory or in the field; for volatile organic compounds 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 township, as appropriate.
(e) If grab samples are used for BMR reporting under § 55.04(A) and 90-day compliance reports under § 55.04(C), a minimum of four grab samples must be collected and analyzed 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 township may authorize a lower minimum number of samples. For other IU compliance reports and IU reports not subject to federal categorical pretreatment standards, the township shall require the number of grab samples necessary to assess and assure compliance by IUs with applicable pretreatment standards and requirements.
(f) In general, all samples shall be collected in accordance with 40 C.F.R. § 136 protocol, which includes use of proper sampling containers, maintenance of samples at a temperature of 56°C, use of proper preservatives and adherence to parameter holding times.
(g) The township reserves the right to require that all sampling shall be conducted by a laboratory accredited under the auspices of the Environmental Laboratory Accreditation program at 25 Pa. Code § 252.
(2) Analytical requirements.
(a) All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. § 136, as amended, unless otherwise specified in an applicable federal categorical pretreatment standard, if 40 C.F.R. § 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(b) Specifically, all parameter holding times shall be adhered to, such as the 48-hour holding time for the BOD analysis, which begins at the time the last sample aliquot is collected.
(c) All analyses shall be conducted by a laboratory accredited under the auspices of the Environmental Laboratory Accreditation program at 25 PA Code § 252, unless the township approves otherwise, such as for the analysis of pH. Such request for permission by a non-accredited facility to conduct analyses as required by a wastewater discharge permit issued by the township shall be made in writing to the township.
(d) The township reserves the right to select an accredited laboratory for industrial users.
(3) Representative sampling. All wastewater samples shall be representative of the user’s normal discharge occurring during the reporting period. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep the monitoring facility in good working order shall not be grounds for the user to claim the sample results are not representative of the discharge.
(4) Sampling frequency. The user shall insure that an adequate number of samples are collected and analyzed to determine that the process discharge equipment is operating properly and that the wastewater discharge does not violate pretreatment effluent limitations. Except as otherwise provided, significant industrial user sampling for determining compliance shall be conducted at least once every six months and analyzed for applicable pollutants. The township reserves the right to require sampling more frequently than set herein.
(5) Reporting of increased sampling results. If a user subject to the reporting requirements of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the township using the procedures prescribed in division (H)(2) above, results of this monitoring shall be included in the report.
(6) Repeat sampling and reporting. If sampling performed by a user indicates a violation of a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the user shall notify the township within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the township within 30 days after becoming aware of the violation. The user is not required to resample if the township monitors the user’s wastewater discharge at least once a month or the township samples between the user’s initial sampling and when the user receives the initial sample results.
(7) Toxicity monitoring. A user shall undertake effluent toxicity testing as deemed necessary by the township using DEP and EPA established protocol. A user shall undertake a toxicity reduction evaluation and take steps to reduce toxicity, as required by the township using DEP and EPA established protocol.
(8) Record-keeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records and information obtained pursuant to any monitoring activities required by this chapter, including documentation associated with best management practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, time of sampling and name of the person(s) taking the samples; the dates analyses are performed; who performed the analyses; the analytical techniques or methods used; and the results of the 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 user, or where the user has been specifically notified of a longer retention period by the township.
(9) Right of entry-inspection and sampling. The township shall have the right to enter the premises of any user to ascertain whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the township or its representative ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or as necessary for the performance of any additional duties.
(a) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the township or its representatives shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(b) The township shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(c) Monitoring facilities:
1. The township may require the user to install monitoring facilities, as necessary, to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring equipment shall be situated on the user’s premises, but the township may, in its sole discretion, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it shall not be obstructed by landscaping or parked vehicles;
2. Monitoring facilities shall be constructed in a manner acceptable to the township. The township may require that the monitoring facilities be equipped with permanent flow measurement or sampling equipment. Plans and specifications for the construction of monitoring facilities and all required equipment shall be submitted to and be accepted by the township prior to the initiation of construction of such facilities;
3. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at his or her own expense. All equipment used to measure wastewater flow or quality shall be calibrated annually to ensure their accuracy. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis; and
4. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the township’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the township.
(d) Any temporary or permanent obstruction to safe and easy access to the monitoring facilities to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the township and shall not be replaced. The costs of clearing such access shall be borne by the user.
(e) Unreasonable delays in allowing the township, or its representative, access to the user’s premises shall be a violation of this chapter.
(10) Search warrants. If the township has been refused access to a building, structure or property, or any part thereof, and if the township has probable cause to believe that a user has violated or may violate this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the township designed to verify compliance with this chapter or a wastewater discharge permit or order issued hereunder, or to protect the overall health, safety and welfare of the community, then the township may seek issuance of a search warrant from the local County District Justice. Such warrant shall be served at reasonable hours by the township in the company of a law enforcement officer. In the event of an emergency affecting the public health and safety, inspections shall be made without the issuance of a search warrant.
(I) Publication of users in significant noncompliance.
(1) The township may publish on an annual basis, or more frequent basis, as it deems appropriate, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which were in significant noncompliance (SNC) with applicable pretreatment standards or requirements during the previous 12 months. The township shall not be liable for any damages of any sort, suffered by any user or owner as a result of such publication. Nor shall the township incur any liability through publication of incorrect information where such information was believed accurate when published or was the result of administrative or typographical error.
(2) A significant industrial user is in SNC (or any other industrial user that violates divisions (I)(2)(c), (I)(2)(d) or (I)(2)(h) below) if its violation meets 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 during a six-month period exceed a numeric pretreatment standard or Requirement including instantaneous limits, as defined in § 55.01, and by 40 C.F.R. § 403.3(1);
(b) Technical review criteria (TRC) violations, defined here as those in which 33% or more of the wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in § 55.01, and by 40 C.F.R. § 403.3(1), multiplied by the applicable TRC criteria (which is 1.4 for BOD, Oil and Grease and TSS; and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment standard of requirement as defined in § 55.01, and by 40 C.F.R. § 403.3(1) that the township 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;
(d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment in accordance with 40 C.F.R. § 403.8(f)(2)(vii), or has resulted in the township’s exercise of its emergency authority under 40 C.F.R. § 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(f) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, reports on compliance with federal categorical pretreatment standard deadlines, periodic compliance reports, reports on compliance with compliance schedules and any other reports required under this chapter or by applicable pretreatment standards or requirements;
(g) Failure to accurately report noncompliance; or
(h) Any violations, which may include a violation of best management practices, which the township determines will adversely affect the operation or implementation of the township’s pretreatment program.
(J) Duty to provide information.
(1) A user shall furnish to the township, within a reasonable time, any information which the township may request to determine whether cause exists for modifying, reissuing, terminating or revoking a wastewater discharge permit, or to determine user pretreatment compliance. The user shall also furnish to the township, upon request, copies of records required to be maintained pursuant to this chapter or other applicable federal, state or local laws or regulations. If the user becomes aware that it failed to submit relevant facts or submitted incorrect information in an application for a wastewater discharge permit, a report to the township, or in any correspondence pertaining to its industrial wastewater discharge, the user shall promptly submit such facts or information to the township.
(2) In the event the township notifies and/or receives township requested reports, other than the normal monthly reports, as those set forth in divisions (A) through (H) above from a customer of the Northern Blair County Regional Sewer Authority (NBCRSA), the township shall also, with said notice and/or within ten days of receipt of any such report, supply copies of the same to NBCRSA.
(K) Confidential information.
(1) Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests confidentiality, and is able to demonstrate to the satisfaction of the township, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request shall be asserted at the time of submission of the information or data to the township.
(2) When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon written request to governmental agencies for uses related to the NPDES program or the pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics as defined by 40 C.F.R. § 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 2-2010, passed 11-4-2010)