1. The economy and desirability of the combined treatment of industrial waste and domestic sewage is recognized. However, not all types and quantities of industrial waste can be so treated. Hence it shall be the established policy of the Township to admit those types and quantities of industrial wastes that are not harmful or damaging to the structures, processes, or operation of the POTW, or are not specially prohibited by this Part. It is also recognized that to provide this service, additional facilities are required, the cost of which shall be borne by those persons receiving benefits. Additionally Township and users shall abide by Federal pretreatment regulations.
2. Approval Required for Industrial Wastes. In order to control the admission of industrial wastes, the discharge into the POTW of any industrial waste having:
A. A BOD greater than 300 mg/L.
B. A suspended solids concentration greater than 350 mg/L.
C. An average daily flow greater than 25,000 gallons per day.
D. Any toxic pollutants as defined pursuant to § 307 of the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq. or any hazardous wastes as defined pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.
E. Any wastes which are considered by the pretreatment coordinator to offer possibilities of harm to structures, processes, or operation of the POTW or to have significant impact, either singly or in combination with other wastes, on the treatment process, the quality of sludge, the system’s effluent quality or air emissions generated by the system, shall be prohibited unless an industrial waste permit is obtained in the manner hereinafter described. Such permit shall be granted by the Township upon the review and approval of the pretreatment coordinator. The Township may deny any application for an industrial waste permit.
3. Survey Date Required. All users shall upon request of the pretreatment coordinator, fill in and file with the pretreatment coordinator, a questionnaire which furnishes pertinent information inclusive of quantity of flow and analysis of industrial wastes discharged. Any person desiring to make a new connection or a significant change in the quality of an existing connection to the POTW for the purpose of discharging industrial waste shall fill in and file with the pretreatment coordinator, a questionnaire which furnishes pertinent information inclusive of predicted quantity of flow and wastewater characteristics.
4. Industrial Waste Permits.
A. Any person required to obtain approval for wastes as described under subsection .2, or who is or would be a significant industrial user is required to obtain an industrial waste permit.
B. In order to receive an industrial waste permit a written application shall be filed with the pretreatment coordinator in a form prescribed. Any person discharging industrial waste into the POTW at the time of passage of this Part and requiring a permit shall apply within 90 days after the effective date of this Part. All such persons are considered to have a valid permit until such time as the Township shall act on the permit application.
C. Prior to the issuance or renewal of an industrial waste permit, the applicant shall pay to Dover Township the nonrefundable sum of $50.
D. No permit shall be granted to any person unless he agrees to indemnify and to save Township, its officers, employees, and agents harmless from any and all claims, costs, damages, and liabilities which may accrue or be claimed to accrue by reason of the permitted waste disposal activity.
E. Permit holders shall comply with the conditions of the permit and failure to do so constitutes a violation of this Part.
F. A permit holder shall notify the pretreatment coordinator or waste water treatment plant superintendent of any planned significant changes to its operations which might alter the nature, quality, or volume of its industrial waste at least 30 days before the change. In response to such a notice the pretreatment coordinator or waste water treatment plant superintendent may modify the permit or require application for a new permit. For purposes of this requirement, significant changes include, but are not limited to, flow increases of 25% or greater and the discharge of any previously unreported pollutants. [Ord. 2005-08]
G. A permit may be suspended or revoked in whole or in part by the pretreatment coordinator or waste water treatment plant superintendent for cause including, but not limited to: [Ord. 2005-08]
(1) Violation of any terms or conditions of the permit, Federal or State pretreatment requirements, or this Part.
(2) Obtaining the permit by misrepresentation or failure to disclose fully all relevant facts.
(3) A change in any condition including, but not limited to, changes in State or Federal regulations or changes in the POTW that require either a temporary or permanent reduction or elimination of the permitted discharge.
(4) Knowingly making any false statement, representation, or certification in any record or other document submitted or required by the permit.
(5) Tampering with or knowingly rendering inaccurate any monitoring device or method required to be maintained under the permit or used by the Township to monitor the discharge.
H. Permit Conditions. Industrial waste permits shall be expressly subject to all provisions of this Part and all other applicable State, Federal and local regulations, user charges and fees and the Township industrial pretreatment plan as may now exist or as may be modified in the future. Where Federal or State pretreatment regulations impose additional requirements or more stringent requirements than those state in the industrial waste permit, these requirements and limits become part of the permit whether or not they are stated in the permit. Obtaining an industrial waste permit does not relieve a permit holder of the obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. Permits shall contain the following: [Ord. 2005-08]
(1) The term of the permit.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to Township in accordance with paragraph .K of this Section.
(3) Effluent limits based on applicable pretreatment standards.
(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements.
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State or local law.
(6) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(b) 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 treatment works.
(c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges.
(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(g) Other conditions as deemed appropriate by the pretreatment coordinator to ensure compliance with this Part, and State and Federal laws, rules and regulations.
I. Permit Duration. An industrial waste permit shall be issued for a specified time period not to exceed 5 years. A permit holder shall apply for permit reissuance a minimum of 120 days prior to the expiration of the existing permit if he desires to avoid lapses in the permit.
J. Change in Conditions. The terms and conditions of a permit may be subject to modification by the Township during the term of the permit should changes in Federal or State pretreatment regulations occur or other just cause exist. The permit holder 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.
K. Permit Transfer. Industrial waste permits may be transferred to a new owner or user only if the permittee gives at least 30 days advance notice to the pretreatment coordinator and the pretreatment coordinator approves the wastewater discharge permit transfer. The notice must include a written certification by the new owner or user which:
(1) States that the new owner and/or user has no immediate intent to change the facility’s operations and processes.
(2) Identifies the specific date on which the transfer is to occur.
(3) Acknowledges full responsibility for complying with the existing industrial waste permit. Failure to provide advance notice of a transfer renders the industrial waste permit void as of the date of facility transfer.
L. Certification of Reports. All industrial waste permit applications and user reports must be signed by an authorized representative of the user and 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 possibility of fine and imprisonment for knowing violations.”
5. Reporting, Sampling and Testing. The holder of an industrial waste permit shall furnish the pretreatment coordinator with written and signed reports of sample testing at a frequency specified in the industrial waste permit. Samples shall be collected, preserved, and analyzed promptly in accordance to 40 CFR, Part 136. Users shall also furnish other reports as required by Federal or State pretreatment regulations.
6. Control Manhole. Any person discharging industrial waste into the POTW shall construct and maintain at his expense a suitable control manhole or manholes downstream from any treatment works to facilitate observation, measurement, and sampling of all wastes from the facilities. The control manhole or manholes shall be located and built in a manner approved by the pretreatment coordinator. The control manhole shall be accessible to the pretreatment coordinator or his representatives at all times. Failure of a user to provide such access is a violation of this Part.
7. Slug Loading. A user shall notify the pretreatment coordinator immediately of any planned or unplanned discharge of waste of a strength or character unusual for that user or in violation of an industrial waste permit. A written follow-up report thereof shall be filed by the user within 5 days. The report shall specify:
A. Description of the discharge, the cause thereof, and the impact on the user’s compliance status.
B. Duration of noncompliance, including exact dates and times, and if noncompliance continues, the time by which compliance is reasonably expected to occur.
C. All steps taken or to be taken to reduce, eliminate, and prevent recurrence of the discharge.
8. Inspections. The pretreatment coordinator and other duly authorized agents of the pretreatment coordinator bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing, and to examine and copy records of operation required by Township, Federal, or State agencies in accordance with the provisions of this Part.
9. Enforcement Response. Enforcement actions taken by Township shall be consistent with an enforcement response plan maintained by the pretreatment coordinator.
10. Notice of Violation. Whenever the Township finds that any user has violated any provision of this Part, an industrial waste permit, or a compliance order, the pretreatment coordinator may serve or cause to be served upon such person, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the user shall submit an explanation of the violation and a plan for the correction and prevention of violations of this Part.
11. Administrative Fines (Civil Penalties). Notwithstanding any other Section of this Part, any user or waste hauler who is found to have violated any provision of this Part, or an industrial waste permit, or a waste hauler license shall be fined in an amount not to exceed $25,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. All fine money shall be made payable to the Dover Township sewer fund and shall be added to the next scheduled sewer bill. Persons who desire to dispute such fines must file a request before the Township to reconsider the fine within 10 working days of being notified of the fine. Where the Township believes the request has merit, it shall convene a hearing on the matter within 15 working days of receiving the request. The Township shall include with any notice of an assessment of a civil penalty a notice of the appeals process to be followed, including the name, address and telephone number of the person responsible for accepting such appeal. The Township shall include as part of its pretreatment program procedures a civil penalty assessment policy and shall provide notice of this policy in each industrial waste permit. Civil penalties collected pursuant to this Part shall be placed in the sanitary sewer fund and shall be used for the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed, to pay any penalties imposed on the POTW by the Federal or State government for violation of pretreatment standards, for the costs incurred by the POTW to investigate and take the enforcement action that resulted in a penalty being imposed for the monitoring of discharges in the pretreatment program, and for capital improvements to the treatment works, including sewage collection lines, which may be required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment works, including collection lines.
12. Administrative and Consent Orders. When the pretreatment coordinator finds that a user has violated any provisions of this Part, the pretreatment coordinator may issue an order to the user responsible for the discharging directing that the user come into compliance within a specified time. If the user does not come into compliance, sewer service may be discontinued. Administrative orders may also contain other requirements to address the noncompliance, such as management practices and additional self-monitoring. The Township may also enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such document shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall be judicially enforceable. Such orders or agreements may not extend a deadline for compliance established by a Federal or State pretreatment standard; nor do they relive a user of liability for any violation(s).
13. Suspension and Termination of Service.
A. Emergency Suspension of Service. Township may before good cause suspend the wastewater treatment service to any user when it appears to the Township that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons or to the environment interferes with the operation of the POTW, or violates any pretreatment limits imposed by this Part. Continued discharge by a user after receipt of an order to cease a discharge to the POTW is a violation of this Part. If a user shall fail to comply with a suspension order, the Township may commence judicial proceedings to compel compliance.
B. Revocation of Treatment Services. In addition to the provisions of paragraph .A hereof, a user who violates the following conditions is subject to discharge termination:
(1) Violation of the conditions of this Part or any order entered with respect thereto.
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge.
(3) Failure to report significant changes in wastewater constituents and characteristics.
(4) Failure to permit reasonable access to the user’s premises for th purpose of inspection, monitoring, or sampling.
C. Judicial Proceedings. Whenever a user has violated the provisions of this Part, the Township may petition the court for the issuance of a preliminary or permanent injunction (or both, as may be appropriate), which restrains or compels the activities on the part of the user. Following the entry of any order by the Township with respect to violations of this Part, Township may commence an action for legal and/or equitable relief in any appropriate court.
D. Show Cause Hearing. The pretreatment coordinator may order a user which has violated any provision of this Part to appear before the pretreatment coordinator to show cause why a proposed enforcement action, including termination of services, should not be taken. Notice of the meeting shall be served personally or by registered mail, return receipt requested, at least 7 days prior to the hearing. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against a user.
14 Criminal Penalties. With or without notice, any person who shall violate the provisions of this Part, an industrial waste permit, a waste hauler license, or order shall, upon conviction thereof by a magisterial district judge, be subject to punishment as provided in § 1.4 of the Dover Township Code of Ordinances. [Ord. 2005-08]
15. Fees and Surcharges for Wastes.
A. Surcharges. Certain wastes may increase the cost of operating the POTW. Therefore there shall be imposed upon each user discharging such waste a surcharge, or surcharges, to cover such additional costs. The surcharges shall be in addition to the regular sewage charges and shall be payable as herein provided.
B. Determination of Surcharges. The strength of any waste, discharge of which is to be subject to surcharge, shall be determined quarterly or more frequently as the Township shall determine, based upon sampling and analysis by the Township or its designees. However, the Township may if it so elects, determine the strength of the sewage based upon the results of routine sampling and analysis by the producer of such sewage or the results of analysis from previous quarters or the results of analysis of sewage from similar customers.
C. Calculation of Surcharges. Surcharges shall made for all sewage or waste discharged into the POTW by nonresidential users that have concentration limits as listed below:
Parameters | Concentration Limits in mg/L |
Parameters | Concentration Limits in mg/L |
Ammonia (as Nitrogen) | 15 |
BOD | 300 |
Phosphate | 10 |
Suspended Solids | 350 |
Surcharges for each parameter in excess of its concentration limit shall be calculated using the formula below: | |
Surcharge = .00000834 x Q x (Concentration - Concentration Limit) x K | |
Q=Volume in gallons K=Cost factor for parameter | |
Cost factors shall be set through a resolution set by the Board of Supervisors based on costs, toxicity, and impact on sludge disposal | |
16. Sampling fees and schedules for users requiring an industrial waste permit shall be assessed a fee for service charge for sampling scheduled in the permit and for unscheduled compliance sampling to be performed by the Township. The charge to each user for each sampling shall be set through a resolution by the Board of Supervisors.
17. Waste Hauler Licenses.
A. The economy and desirability of the combined treatment of septage and holding tank wastes is recognized. In general, septage, holding tank waste, and trucked commercial wastes, on a case-by-case basis, may be discharged to the POTW except those that are deemed harmful to the system or are specifically prohibited by this Part. The acceptance of trucked wastes is based solely on the ability of the POTW to assimilate those wastes without potential for interference and pass through. If and when the Township determines that the acceptance of any trucked waste has a potential to cause interference and pass through, the wastewater treatment plant operator/superintendent may deny the discharge of said waste without any prior notice to the licensed waste hauler or waste generator regardless of permits or licenses held. [Ord. 2005-08]
B. All persons desiring to transport and discharge waste to the POTW through use of a truck or means of conveyance other than a sewer shall first make application with the Township for a waste hauler license on a form approved by the Township. No trucked waste shall be discharged to any discharge point in the POTW except those specifically designated by the Township and at a time approved by the Township.
C. Waste hauler licenses shall be issued for a specific time period not to exceed 1 year and shall contain limits considered appropriate by the pretreatment coordinator. Licenses shall not be assigned or transferred or sold without approval of the Township. Any succeeding owner shall comply with the terms and conditions of the existing license.
D. Any waste hauler who violates any provisions of this Part or of their waste hauler license or of any additional requirements set by the Township, may be subject to immediate license revocation. In addition, Township may immediately and without notice revoke any waste hauler license if the Township determines that the acceptance of the waste is detrimental to the operation of the POTW.
[Ord. 2005-08]
18. Hazardous Wastes.
A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection .4.H of this Part. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirement of this Part.
B. Dischargers are exempt from the requirements of paragraph .A above, during a calender month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR § 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C. In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the pretreatment coordinator, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
D. In the case of any notification made under this Section, 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.
E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Part, a permit issued thereunder, or any applicable Federal or State law.
19. Confidential Information. Information and date on a user obtained from reports, surveys, wastewaster discharge permit applications, wastewaster discharge permits, and monitoring programs, and from Township’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the pretreatment coordinator , that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or date. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent date” as defined by 40 CFR § 2.302 will not be recognized as confidential information and will be available to the public without restriction.
20. Publication of Users in Significant Noncompliance. The Township shall publish annually, in the largest daily newspaper published in the Municipality, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a 6-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount.
B. Technical review criteria (TRC) violations, defined here as those in with 33% or more of wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
C. Any other discharge violation that the pretreatment coordinator believes 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, or has resulted in the pretreatment coordinator’s exercise of its emergency authority to halt or prevent such a discharge.
E. Failure to meet, within 90 days of 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 30 days after the due date, any required reports, including baseline monitoring reports, 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(s) which the pretreatment coordinator determines will adversely affect the operation or implementation of the local pretreatment program.
21. National Categorical Pretreatment Standards. The national pretreatment standards and categorical pretreatment standards found at 40 CFR, Chapter 1, Subchapter N, Parts 403-471, are hereby incorporated.
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the pretreatment coordinator may impose equivalent concentration or mass limits in accordance with 40 CFR § 403.6(c).
B. When wastewater subject to categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the pretreatment coordinator shall impose an alternate limit using the combined wastestream formula in 40 CFR § 403.6(e).
C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR § 403.13 that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR § 403.15.
22. Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The pretreatment coordinator may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
23. Reporting Requirements.
A. Baseline Monitoring Reports.
(1) Within 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the pretreatment coordinator a report which contains the information listed in paragraph .B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to pretreatment coordinator a report which contains the information listed in paragraph .B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
(a) Identifying Information. The name and address of the facility, including the name of the operator and owner.
(b) Environmental Permits. A list of any environmental control permits held by or for the facility.
(c) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(d) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR § 403.6(e).
(e) Measurement of Pollutants.
1) The categorical pretreatment standards applicable to each regulated process.
2) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by standard or by the pretreatment coordinator, 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. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection .5 of this Section.
3) Sampling must be performed in accordance with procedures set out in subsection .5 of this Section.
(f) Certification. A statement, reviewed by the users’ 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) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, 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 standard. A compliance schedule pursuant to this Section must meet the requirements set out in subsection .23.B of this Section.
(h) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with subsection .4.L of this Section.
B. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by subsection .23.A(2)(g) of this Section.
(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 (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 beginning and conducting routine operation).
(2) No increment referred to above shall exceed 9 months.
(3) The user shall submit a progress report to the pretreatment coordinator no later than 14 days following each date in the schedule and th final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
(4) In no event shall more than 9 months elapse between such progress reports to the pretreatment coordinator.
C. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into POTW, any user subject to such pretreatment standards and requirements shall submit to the pretreatment coordinator a report containing the information described in subsection .23.A(2)(d)- (f) of this Section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other 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. All compliance reports must be signed and certified in accordance with subsection .4.L of this Section.
D. Periodic Compliance Reports.
(1) All significant users shall, at a frequency determined by the pretreatment coordinator but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with subsection .4.L of this Section.
E. Reports 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, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the pretreatment coordinator of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) Within 5 days following such discharge, the user shall, unless waived by the pretreatment coordinator, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, 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, penalties, or other liability which may be imposed pursuant to this Part.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subparagraph (1), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
F. Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the pretreatment coordinator as the pretreatment coordinator may require.
G. Notification of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify pretreatment coordinator 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 pretreatment coordinator within 30 days after becoming aware of the violation. The user is not required to resample if Township monitors and the user’s facility at least once a month, or if Township samples between the user’s initial sampling and when the user receives the results of this sampling.
(Ord. 97-7, 5/27/1997, § 12.25; as amended by Ord. 98-5, 11/23/1998, § 12.25; and by Ord. 2005-08, 10/24/2005)