A. Compliance Monitoring.
(1) Inspection and Sampling. The Borough and Township shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this Part, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Borough and Township Managers or their representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(a) Where an industrial user has security measures in force which required proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangement with the security guard so that, upon presentation of suitable identification, personnel from the Borough and Township, State and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
(b) The Borough, Township, State and EPA shall have the right to set up on the industrial users property, or require installation of such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(c) The Borough or Township may require the industrial user to install monitoring equipment, as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure waste water flow and quality shall be calibrated at least semi- annually to insure their accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Borough or Township Manager or his representative and shall not be replaced. The costs of clearing such access shall be born by the industrial user.
(e) Unreasonable delays in allowing Borough or Township personnel access to the industrial user’s premises shall be a violation of this Part.
B. Reporting Requirements.
(1) Base Line Monitoring Reports.
(a) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the Borough and Township a report which contains the information listed in Subsection (b), below. 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 be required to submit to the Borough and Township a report which contains the information listed in Subsection (b), below. A new source shall also be required to report the method of pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(b) The industrial user shall submit the information required by this Section including:
(i) Identifying Information. The name and address of the facility including the name of the operator and owners.
(ii) Wastewater Discharge Permits. A list of any environmental control wastewater discharge permits held by or for the facility.
(iii) Description of Operations. A brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(iv) 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 waste stream formula set out in 40 CFR § 403.6(e).
(v) Measurement of Pollutants.
a) Identify the categorical pretreatment standards applicable to each regulated process.
b) Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the Borough and 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. The sample shall be representative of normal discharges from the daily operations occurring during the reporting period and shall be analyzed in accordance with the procedures set out in Subsection (B)(10) of this Section. [Ord. 545]
c) Sampling must be performed in accordance with the procedures set out in Subsection (B)(11).
(vi) Certification. A statement used by the industrial 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 and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(vii) 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. The compliance schedule pursuant to this Section must meet the requirements set out in § 18-856(D) of this Part.
(viii) All baseline monitoring reports must be signed and certified in accordance with § 18-856(D)(9).
(2) Compliance Schedule Progress Report. The following conditions shall apply to the schedule required in § 18-855(B)(1)(b)(vii). 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 re-required for the user to meet the applicable pretreatment standards (such events including hiring an engineer, completing preliminary and final plans, executing contracts for the major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed 9 months. The industrial user shall submit a progress report to the Borough and Township Managers no later than 14 days following each date in the schedule and the 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 industrial user to return to the established schedule. In no event shall more than 9 months elapse between such progress reports to the Borough and Township Managers.
(3) Report on Compliance with Categorical Pretreatment Standard Deadline.
(a) Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the Borough and Township a report containing the information described in § 18-855(B)(1)(b)(iv)-(vi).
(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 categorical 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 and certified in accordance with § 18-856(D)(9).
(4) Periodic Compliance Reports.
(a) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Borough Manager 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 such pretreatment standards and the measured or estimated average of maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 18-856(D)(9). In cases where the applicable standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Borough or Township or the applicable standard to determine compliance with the standard. [Ord. 545]
(b) All wastewater samples must be representative of the normal discharges 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. [Ord. 545]
(c) If an industrial user subject to the reporting requirement in and of this Section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in § 18-855(B)(11) of this Part, the results of this monitoring shall be included in this report.
(5) Report of Changed Conditions. Each industrial user is required to notify the Borough and Township Managers of any planned significant changes to the industrial user’s operation or system which might alter the nature, quality or volume of its wastewater, or impact the potential for slug discharge, at least 90 days before the change. [Ord. 545]
(a) The Borough Manager may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-856(B).
(c) No industrial user shall implement the planned changed condition(s) until and unless the Borough Manager has responded to the industrial user’s notice.
(d) For purposes of this requirement, flow increases of 10 percent or greater and the discharge of any previously unreported pollutants shall be deemed significant.
(6) Reports of Potential Problems.
(a) 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 which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 18-853 of this Part), it is the responsibility of the industrial user to immediately telephone and notify the Borough and 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 industrial user.
(b) Within 5 days following such discharge, the industrial user shall, unless waived by the Borough and Township Managers, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial 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 relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this Part.
(c) Failure to notify the Borough and Township of potential problem discharges shall be deemed a separate violation of this Part.
(d) A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection (a), above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedures.
(e) Reports of potential problems as described in this Subsection (6) shall also be required within the same timeframes and to the same agencies whenever there are facility changes that affect the potential or slug discharges. This notification requirement is in addition to any other requirement relating to slug discharges contained elsewhere in this Part 8. [Ord. 545]
(7) Reports from Nonsignificant Industrial Users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the Borough and Township as the Borough and Township Manager, respectively may require.
(8) Notice of Violation/Repeat Sampling and Reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Borough and Township within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Borough and Township within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user’s [premises] at least once a month, or if the POTW performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of the sampling.
(9) Notification of the Discharge of Hazardous Waste.
(a) Any industrial 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 hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also include the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass of constituents in the waste stream 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 discharges must be submitted under § 18-855(B)(5), above. The notification requirement in this Section does not apply to pollutant already reported under the self-monitoring requirements of Subsections (B)(1), (3) and (4), above.
(b) Discharges are exempt from the requirements of Subsection (A) of this Section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes as specified in 40 CFR § 261.30(d) and § 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous waste specified in 40 CFR § 261.30 and § 261.33(3) requires a one time notification.
(c) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substances as hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorizes 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 industrial 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.
(10) Analytical Requirements. 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 techniques prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR, Part 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 the EPA.
(11) Sample Collection.
(a) Except as indicated in Subsection (b), below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. The Borough Manager may authorize the use of another sampling technique as long as the sample is representative of discharge. In addition, grab samples may be required to show compliance with instantaneous discharge limits. [Ord. 545]
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic compounds must be obtained using grab collection techniques.
(12) Determination of Noncompliance. The Borough Manager may use a grab sample(s) to determine noncompliance with pretreatment standards.
(13) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.
(14) Record Keeping. Any industrial user subject to the reporting requirements established in this Part 8 shall maintain and make available for copying records of all information resulting from any monitoring the activities required by this Part 8, including documentation associated with best management practices. Such records shall include for all samples:
(a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.
(b) The date(s) analyses were performed.
(c) Who performed the analyses.
(d) The analytical techniques/methods used.
(e) The results of such analyses.
Any industrial user subject to the reporting requirements established in this Part 8 (including documentation associated with BMPs) shall be required to retain for a minimum of 3 years any records of monitoring activities and results whether or not such monitoring activities are required by this Section) and shall make such records available for inspection and copying by the Borough or Township. This period of retention shall be extended during the course of any unresolved litigation concerning compliance with this Part 8, or where the industrial user has been specifically notified of a longer retention period by the Borough Manager.
[Ord. 545]
(15) Additional Monitoring Data. Industrial users that monitor more frequently than required, using appropriate procedure, are required to submit such monitoring to the POTW. The timing, procedures and record keeping requirements for such additional reports shall be the same as for the required reporting.
(16) Confidential Information. Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from City inspection and sampling activities, shall be available to the public without restriction unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the Borough that the release of such information, processes or methods of production entitled to protection as trade secrets under applicable State law. When required and demonstrated by the industrial user furnishing a report that such information should be held confidential, the proportions 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 data” as defined by 40 CFR § 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 396, 9/6/2000, § 855; as amended by Ord. 545, 4/17/2013, §§ 9–15)