1. It shall be unlawful for any significant and/or categorical industrial user to discharge to the POTW tributary to the City’s POTW Treatment Plant without having first obtained a City industrial waste discharge permit (IWDP), except as authorized by the Director of Water & Sewer Resources in accordance with the provisions of this Part 7(B), subject to State and Federal laws and regulations.
In addition to the IWDP, the industrial user shall obtain such additional permits as required by applicable Sections of this Chapter and other applicable Township ordinances.
2. When requested by the Industrial Pretreatment Coordinator, any user must submit information on the nature and characteristics of its wastewater within 30 days of the request unless additional time is approved, in writing, by the Industrial Pretreatment Coordinator. The Industrial Pretreatment Coordinator is authorized to prepare a form for this purpose and may periodically require users to update this information.
3. Industrial Waste Discharge Permits. All significant and/or categorical industrial users proposing to connect to or to contribute to the POTW or collection system shall obtain an IWDP before connecting to or contributing to the POTW.
The Industrial Pretreatment Coordinator may require other users to obtain an IWDP as necessary to carry out the purposes of this Part 7(B).
Any violation of the terms and conditions of an IWDP shall be deemed a violation of this Part 7(B) and shall subject the user to the enforcement under § 18-715. Obtaining an IWDP does not relieve a user of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.
4. Permit Application. Users required to obtain an IWDP shall complete and file with the City an application in the form prescribed by the Industrial Pretreat ment Coordinator, and accompanied by a fee as listed in § 18-713(A) of this Part 7(B). Existing users shall file a completed application in accordance with § 18-714(22). Proposed new users shall file a completed application at least 90 days prior to connecting to or contributing to the POTW or within 60 days of receipt of the application from the City, whichever is sooner. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
A. Name, address, and location (if different from the address).
B. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
C. Wastewater constituents and characteristics including, but not limited to, those referenced in § 18-712 of this Part 7(B) or any pollutants in the discharge which are limited by City, State, or National Pretreatment Standards as determined by a City approved analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
D. Time and duration of contribution.
E. Average daily and peak wastewater flow rates, including variations, if any.
F. Plans to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
G. Description of activities, facilities and plant processes on the premises relating to all materials which are or could be discharged.
H. A certification statement regarding whether or not the national 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 national standards.
I. Copies of all material safety data sheets.
J. Products produced.
K. Raw material processed.
L. Normal hours of scheduled operation and operation of pretreatment system.
M. List of all environmental permits held.
N. For all industrial users subject to categorical standards, any other information required in a baseline monitoring report as stated in 40 CFR 403.12(b).
O. Accidental discharge/slug control plan.
P. Any other information as may be deemed by the City or Township to be pertinent to evaluate the permit application.
All IWDP applications and user reports must be signed by an authorized representative of the user.
Incomplete or inaccurate IWDP applications will not be processed and will be returned to the user for revision. All site plans, floor plans, mechanical and plumbing plans, all other types of construction plans, and process diagrams, which are subject to the requirements of this Part 7(B), shall be signed by an authorized representative of the user that is familiar with the information and its accuracy. It is recommended that the above information be signed and sealed by a professional engineer, who is licensed in the Commonwealth of Pennsylva nia, to ensure compliance with sound engineering and all applicable Federal, State, and local codes and statutes.
5. The Industrial Pretreatment Coordinator will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete IWDP application, the City will determine whether or not to issue an IWDP. The City may deny any application for an IWDP, if the application or discharge does not comply with the requirements of this Part 7(B) or applicable Federal and State laws and regulations. In the event that a timely and complete IWDP renewal application has been submitted and the IWDP can not be reissued, through no fault of the user, before the expiration date, the terms and conditions of the existing IWDP will be automatically continued and will remain fully effective and enforceable pending the granting or denial of the application for IWDP renewal.
6. The City may modify an IWDP for good cause including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.
B. To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of IWDP issuance.
C. To reflect a change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
D. Information indicating that the permitted discharge poses a threat to the City’s POTW, collection system, Township or City personnel, or the receiving waters.
E. Violation of any terms or conditions of the IWDP.
F. Misrepresentations or failure to fully disclose all relevant facts in the IWDP application or in any required reporting.
G. Revision of or a grant of variance from categorical standards pursuant to 40 CFR 403.13.
H. To correct typographical or other errors in the IWDP.
I. To reflect a transfer of the facility ownership or operation to a new owner or operator.
The user shall be informed of any proposed changes in the IWDP at least 30 days prior to the effective date to change. Any changes or new conditions in the IWDP shall include a reasonable time schedule for compliance.
7. Permit Conditions. IWDPs shall be expressly subject to all provisions of this Part 7(B) and all other applicable regulations, user charges and fees established by the City. IWDP’s may contain the following:
A. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW.
B. Limits on the wastewater constituents and characteristics.
C. Limits on rate and time of discharge or requirements for flow regulations and equalization.
D. Requirements for installation and maintenance of inspection and sampling facilities.
E. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
F. Compliance schedules.
G. Requirements for submission of technical reports or discharge reports. All baseline monitoring reports, 90-day compliance reports, and periodic compliance reports must be certified by a qualified professional and must be signed by an authorized representative of the user and must contain the certification statement in 40 CFR 403.6(a)(2)(ii). The periodic compliance reports will be required a minimum of twice a year, indicating the nature and concentration of pollutants in the discharge as well as a record of flows.
H. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto. As required by 40 CFR 403.12(o), users must keep records for a minimum of 3 years or longer in case of unresolved litigation or when requested by the approval authority. The user shall make such records available for inspection and copying.
I. Requirements for prior notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p). Substantial shall mean 15% plus or minus.
J. Requirements for notification of accidental discharges/slug loads as per § 18-712(8).
K. Requirements that if sampling by a user indicates a violation, the user must notify the City within 24 hours of becoming aware of the violation. The user must also resample and submit results of this resampling to the City within 30 days.
M. Statements associated with enforcement in accordance with § 18-715 or this Part 7(B).
N. 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.
O. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
P. Requirements to develop and implement slug control measures and to provide notification of facility changes that affect the potential for a slug discharge.
Q. Requirements associated with BMP’s at the sole discretion of the Industrial Pretreatment Coordinator.
R. Other pertinent conditions required by the City to ensure compliance with this Part 7(B).
8. Permits Duration - IWDP’s shall be issued for a specified time period, not to exceed 5 years. An IWDP may be issued for a minimum period of a year, and shall be stated to expire on a specific date.
9. Permit Transfer. IWDPs are issued to a specific user for a specific operation. An IWDP shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City and Township Any succeeding owner or user shall also comply with the terms and conditions of the existing IWDP.
10. Permit Comments. The user may petition the Industrial Pretreatment Coordina tor to reconsider the terms of an IWDP within 30 days of receipt of the IWDP. This petition must be made in writing and shall indicate the IWDP provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the IWDP. The Industrial Pretreatment Coordinator will review the comments and make the final decision on the matter. If the user objects to the Industrial Pretreatment Coordinator’s final decision, the user may appeal the matter in accordance with § 18-715(13) of this Part 7(B). Failure to submit written comments within 30 days shall indicate acceptance of the IWDP.
11. Permit Revocation. The City may, in accordance with this Part 7(B), revoke an IWDP for good cause including, but not limited to, the following reasons:
A. Failure to notify the Industrial Pretreatment Coordinator of significant changes to the wastewater prior to the changed discharge.
B. Misrepresentation or failure to fully disclose all relevant facts in the IWDP application.
C. Falsifying self-monitoring reports.
D. Tampering with monitoring equipment.
E. Refusing to allow the Industrial Pretreatment Coordinator timely access to the facility premises and records.
F. Failure to meet effluent limitations.
G. Failure to pay fines.
H. Failure to pay sewer charges.
I. Failure to meet compliance schedules.
J. Failure to complete a wastewater survey or the IWDP application.
K. Failure to provide advance notice of the transfer of business ownership of a permitted facility.
L. Violation of any pretreatment standard or requirement, or any terms of the IWDP or this Part 7(B).
IWDPs shall be voidable upon cessation of operations for a period exceeding 6 months or transfer of business ownership, unless approved by the City. All IWDPs issued to a particular user are void upon the issuance of a new or modified IWDP to that user.
12. Permit Reissuance. A user with an expiring IWDP shall apply for IWDP reissuance by submitting a complete IWDP application, in accordance with § 18-714(4) of this Part 7(B), a minimum of 120 days prior to the expiration of the user’s existing IWDP or within 60 days of receipt of the application from the City, whichever is sooner. It is the responsibility of the user to request an IWDP application form no less the 150 days prior to the expiration of the existing IWDP.
13. Reporting Requirements.
A. Baseline Monitoring Reports.
(1) Within 180 days after either the effective date of a categorical standard, or the final administrative decision on a category determi nation under 40 CFR 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW, subject to the new or revised categorical standard, shall submit to the Industrial Pretreatment Coordinator a report which contains the information listed in paragraph (3), below.
(2) At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Industrial Pretreatment Coordinator a report which contains the information listed in paragraph (3), below. A new source shall report the method of pretreatment it intends to use to meet applicable standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(3) Industrial 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 classifica tions of the operation(s) carried out by such industrial user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(d) Flow Measurement. Accurate information from properly designed, installed and maintained flow metering devices 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 waste stream formula set out in 40 CFR 403.6(e).
(e) Measurement of Pollutants. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Industrial Pretreat ment Coordinator, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where re quired, shall be reported. The sample shall be representative of daily operations and shall be collected and analyzed in accordance with 40 CFR, Part 136, as amended.
(f) Best Management Practices. Information identified by the Industrial Pretreatment Coordinator or the applicable pre treatment standard regarding compliance with any applicable BMP’s.
(g) Certification. A statement, reviewed by the industrial user’s authorized representative and certified by a qualified profes sional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreat ment is required to meet the pretreatment standards and requirements.
(h) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial 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 § 18-714(13)(B) of this Part 7(B).
(i) Signature. All baseline monitoring reports must be signed by the industrial user’s authorized representative.
B. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by § 18-714(13)(A)(3) of this Part 7(B):
(1) The compliance schedule shall contain progress increments (mile stones) 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 industrial 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 industrial user shall submit a progress report to the Industrial Pretreatment Coordinator no later than 14 days following each date in the compliance schedule and the final date of compliance includ ing, at a minimum, whether or not it complied with the increment of process, including the overall completion date, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule.
(4) In no event shall more than 9 months elapse between such progress reports to the Industrial Pretreatment Coordinator.
C. Reports on Compliance with Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the Industrial Pretreatment Coordinator a report on the status of compliance. This report must contain all the information described in § 18-714(13)(A)(3) of this Part 7(B). For industrial 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 industrial user’s long-term production rate. For all other industrial users subject to pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user’s actual production during the appropriate sampling period. All compliance reports must be signed by the industrial user’s authorized representative.
D. Periodic Compliance Reports for All Permitted Users.
(1) All permitted users shall, at a frequency determined by the Indus trial Pretreatment Coordinator but in no case less than semiannu ally, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and/or contained in a valid IWDP and the measured or estimated average and maximum daily wastewater flows for the reporting period. Information identified by the Industrial Pretreat ment Coordinator or the applicable pretreatment standard regarding compliance with any applicable BMP shall also be included with the report. All periodic compliance reports must be signed by the user’s authorized representative.
(2) As part of these reports, the user may be required to provide manifests, certifications or any other information deemed necessary by the Industrial Pretreatment Coordinator to ensure compliance with this Part 7(B).
(3) All wastewater samples must be representative of the user’s discharge.
(4) If a user subject to the reporting requirement in this Section monitors any pollutant more frequently than required by the Industrial Pretreatment Coordinator, using EPA approved proce dures, the results of this monitoring shall be included in the report.
(5) The Industrial Pretreatment Coordinator may waive some or all of the reporting requirements described in paragraphs (D)(1) and (D)(2) if it is determined that the City will complete discharge monitoring on the user’s behalf.
E. Reports of Changed Conditions. Each user must notify the Industrial Pretreatment Coordinator of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change occurs.
(1) The Industrial Pretreatment Coordinator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an IWDP application.
(2) The Industrial Pretreatment Coordinator may issue a new or modified IWDP in response to changed conditions or anticipated changed conditions.
(3) For purposes of this requirement, significant changes include, but are not limited to average flow increases of 15% or greater, and the discharge of any previously unreported pollutants at levels that may cause pass-through or interference or otherwise violate the provisions of this Part 7(B).
F. Reports of Potential Problems. In the case of any discharge including, but not limited to, accidental discharges, discharges that violate the prohibi tions of § 18-712 of this Part 7(B), or any discharge that could cause potential problems for the POTW, the user upon discovery shall follow the reporting procedures identified in § 18-712(8) of this Part 7(B).
G. Reports from Unpermitted Users. All users not required to obtain an IWDP may be required to provide appropriate reports, certifications, laboratory analyses, manifests or any other information to the Industrial Pretreat ment Coordinator as the Industrial Pretreatment Coordinator shall require to ensure compliance with the requirements of this Part 7(B).
H. Notice of Violation/Repeat Sampling and Reporting.
(1) If sampling performed by the user indicates a violation, the user must notify the Industrial Pretreatment Coordinator within 24 hours of becoming aware of the violation. The user shall repeat the sampling within 96 hours and shall submit the analytical results to the Industrial Pretreatment Coordinator within 30 days of becoming aware of the violation.
(2) Where the user believes the first reported result(s) indicating a violation(s) maybe in error, the user may submit additional data to support its position with the repeat sampling results.
(3) Where the user believes its facility continues in violation of its IWDP after repeat sampling, the user shall again repeat the sampling within 96 hours and shall submit the analytical results to the Industrial Pretreatment Coordinator within 30 days of becoming aware of the violation. The user shall also notify the Industrial Pretreatment Coordinator to determine if a schedule for additional monitoring is required.
(4) The user may not be required to resample if the Industrial Pretreat ment Coordinator notifies the user that the City will initiate monitoring at the user’s facility.
I. All reports described in paragraphs (A) through (H) must include the certification statement listed in 40 CFR 403.6 (a)(2)(ii).
14. Sample Collection. Wastewater samples collected to comply with any provision of this Part 7(B) shall meet the following requirements:
A. Samples should be collected using 24-hour flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible or not warranted in the opinion of the Industrial Pretreatment Coordinator, the Industrial Pretreatment Coordinator may authorize the use of time proportional sampling, a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged or a frequency of grab samples acceptable to the Industrial Pretreatment Coordinator. The Industrial Pretreatment Coordinator may allow grab samples to be composited prior to analysis.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using standard grab collection techniques.
C. Sampling techniques prescribed in 40 CFR Part 136, as amended, shall be followed.
D. The Industrial Pretreatment Coordinator shall be notified a minimum of 48 hours prior to the collection of a sample(s) by a user and may observe the collection of any sample.
E. If a user does not follow proper sample collection protocols and/or tech niques, all samples collected inappropriately shall be discarded and recollected at the sole expense of the user.
F. Sampling facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its sampling location or facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
G. All sampling locations utilized to meet the discharge monitoring provisions of this Part 7(B) shall be approved by the Industrial Pretreatment Coordinator.
15. Analytical Requirements. Wastewater pollutant analyses completed to comply with any provision of this Part 7(B) shall meet the following requirements:
A. All pollutant analyses shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical standard. If 40 CFR Part 136 does not contain analytical techniques for the pollutant in question, analyses must be performed in accordance with procedures approved by the administrator.
B. The user shall provide the Industrial Pretreatment Coordinator with the name, address and telephone number of any contract laboratory intended to be utilized for pollutant analyses at least 48 hours prior to the collection of any samples. The Industrial Pretreatment Coordinator may recommend the use of an alternate contract laboratory.
C. Copies of laboratory analysis results shall be forwarded to the user and the Industrial Pretreatment Coordinator simultaneously.
D. Laboratory analysis results obtained by a user following improper protocols or deemed technically deficient by the Industrial Pretreatment Coordinator shall be discarded and samples shall be re-analyzed at the sole expense of the user.
16. Flow Measurement. All wastewater flow monitoring data obtained to comply with any provision of this Part 7(B) shall meet the following requirements:
A. All new, required flow measuring devices shall be approved by the Industrial Pretreatment Coordinator prior to installation. The flow measuring device(s) shall be properly designed, compatible with the process involved and accurate. The flow measuring device(s) shall be calibrated at least semi-annually.
B. If a discrepancy in reported flow data is identified, the Industrial Pretreat ment Coordinator may require that existing flow measuring devices be serviced by a certified technician or replaced at the sole expense of the user.
C. Flow monitoring facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its flow monitoring facility in good working order shall not be grounds for the user to claim that the measurements are unrepresentative of its volume of flow to the POTW.
D. If a user does not properly calibrate or maintain its flow monitoring equipment or if flow measurements are deemed inaccurate by the Industrial Pretreatment Coordinator, the Industrial Pretreatment Coordinator shall utilize the user’s metered water usage records to determine the volume of wastewater flow to the POTW. In this case, all claims of product uptake, evaporation or other water losses shall be precluded.
E. If a user does not have a flow measurement device, the Industrial Pretreatment Coordinator may:
(1) Require installation of flow monitoring facilities in accordance with the provisions of this Part 7(B).
(2) Rely on the user’s metered water usage records to determine the volume of wastewater flow to the POTW. In this case, metered water losses may be considered by the Industrial Pretreatment Coordina tor. Unmetered claims of product uptake, evaporation or other losses shall be precluded unless appropriated documentation can be provided by the user.
17. Monitoring Facilities. The City or Township shall require to be provided and operated at the user’s own expense, sampling manholes or any other device or facility suitable and appropriate to enable inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. Such manhole device or facility should normally be situated on the user’s premises in the user’s possession; but, the City or Township may, when 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 will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of sample for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
18. Inspection and Sampling. The City or Township shall inspect, at a minimum annually, the facilities of any user to ascertain whether the purpose of this Part 7(B) is being met and all requirements are being complied with. Persons or occupants of premises connected to the sewage collection system shall allow the City or Township or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, or in the perfor mance of any duties. The user’s records of monitoring activities and results shall be available for inspection and copying. The City or Township shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations without notifica tion to the user.
Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City or Township will be permitted to enter and to perform their specific responsibilities within 10 minutes of their initial time of arrival. Delaying City or Township personnel for more than 10 minutes for any reason or to complete process changes or to alter wastewater constituency prior to sample collection shall be a violation of this Part 7(B) and shall subject the user to the sanctions set forth in this Part 7(B).
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written request of the Industrial Pretreatment Coordinator and shall not be replaced without approval of the Industrial Pretreatment Coordinator. The costs of clearing such access shall be born by the user.
19. If the Industrial Pretreatment Coordinator has been refused any records or access to a building, structure, or property, or any part thereof, or if the Industrial Pretreatment Coordinator believes that there is a need to inspect and/or sample as part of a routine or specific inspection and sampling program of the City or Township, designed to verify compliance with this Part 7(B) or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director of Water and Sewer Resources may seek issuance of a search warrant from the appropriate judicial authority.
20. Pretreatment. Users shall provide wastewater treatment as necessary to comply with this Part 7(B) and shall achieve compliance with all applicable pretreatment standards, local limits, and the prohibitions set out in § 18-712 of this Part 7(B) within the time limitations specified by the agency issuing the standards. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Industrial Pretreatment Coordinator for review, and shall be acceptable to the Industrial Pretreatment Coordinator before such facilities are constructed. The City or Township’s review of such plans and operating procedures shall in no way relieve the user from the responsibility of additional or future modifications of such facilities as necessary to produce a discharge acceptable to the City or Township under the provisions of this Part 7(B).
Whenever deemed necessary, the Industrial Pretreatment Coordinator may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only at specific points of the POTW, relocate and/or consolidate points of discharge, separate domestic sewage waste streams from industrial waste streams, and/or such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this Part 7(B).
The Industrial Pretreatment Coordinator may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A IWDP may be issued solely for flow equalization.
Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential sources. All interception units shall be of type and capacity approved by the Industrial Pretreatment Coordinator and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
21. Publication of Users in Significant Noncompliance. The City shall annually publish, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, all users which at any time during the previous 12 months were in significant noncompliance with applicable pretreatment standards or requirements. For the purpose of this provision, a user is in significant noncompliance 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 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1).
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD5, CBOD5, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the City or 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 a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.
E. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
F. Failure to provide, within 45 days after the schedule date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
G. Failure to accurately report noncompliance.
H. Any other violation or group of violations which may include violations of BMP’s that the City determines will adversely affect the operation or implementation of the City’s pretreatment program.
22. Confidential Information. Information and data on a user obtained from reports, questionnaires, permit applications, permit and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City or Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or other confidential business information of the user.
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Part 7(B), the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System Permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the EPA or the State in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data as defined in 40 CFR 2.302(a)(2) will not be recognized as confidential informa tion.
23. Record Retention. Users shall maintain records of all information resulting from any discharge monitoring activities completed by the user. At a minimum, such records must include:
A. The date, exact place, method, time of sampling and the names of the person(s) collecting the samples.
B. Dates analyses were performed.
C. Who performed the analyses.
D. Analytical techniques/methods used.
E. The results of such analyses.
Users shall retain and preserve for no less than 3 years, any records, reports, chemical analyses, etc., made by or on behalf of the user in connection with its discharge, records associated with implementation of BMP’s and any other records required by the City or Township related to the MIPP. In addition, any records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the City or Township shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. The user shall, upon request and within the time frame specified by the Industrial Pretreatment Coordinator, furnish to the City or Township copies of any records required to be kept by this Part 7(B).
(Ord. 495, 6/17/2009)