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1. A. Users subject to an industrial wastewater discharge permit may be required, at the user’s expense, to conduct sampling and analyses of their wastewater on a periodic schedule as established by the permit. Should the results of said analyses indicate a violation of any provision of the user’s permit, the user must:
(1) Report the violation to the WVSA within 24 hours of becoming aware of the violation.
(2) Repeat the sampling and analysis within 30 days of becoming aware of the violation and report the results to the WVSA.
B. The resampling is not required if:
(A) The WVSA conducts monthly sampling.
(B) The WVSA conducted compliance sampling between the time when the initial sample was collected and when the laboratory results were received.
2. All wastewater sampling shall be representative of the indirect discharge. Unless otherwise specified in the wastewater discharge permit (and documented in the WVSA files), all samples shall be collected as flow-proportional composite samples over a 24-hour period, except for samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds which shall be obtained as grab samples. Grab samples for cyanide, total phenols and sulfides may be obtained as multiple grab samples and composited in the field or the laboratory before analysis; grab samples for oil and grease and volatile organic compounds may be obtained as multiple grab samples and composited in the laboratory before analysis. For constituents required to be collected as grab samples, the permit shall specify the number of grab samples required for each representative analysis.
3. Unless otherwise specified in a permit, all sampling, sample preservation and laboratory analyses shall be according to the requirements in 40 C.F.R. Part 136.
(Ord. 2012-4, 9/13/2012, § 4.14)
1. All users subject to an industrial wastewater discharge permit shall be required to submit such reports as required by 40 C.F.R. § 403.12 or the industrial wastewater discharge permit. Said reports include:
A. Baseline monitoring reports for all categorical industrial users, as provided by 40 C.F.R. § 403.12(b); sampling shall be as provided at 40 C.F.R. § 403.12(g)(4), and shall include a minimum of four grab samples for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist, and a number as established by WVSA for facilities for which historical sampling data are available.
B. Compliance schedule reports as required by 40 C.F.R. § 403.12(b)(7) and (c).
C. Ninety-day compliance reports for categorical industrial users, as provided by 40 C.F.R. § 403.12(d); sampling shall be as provided at 40 C.F.R. § 403.12(g)(4), and shall include a minimum of four grab samples for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist, and a number as established by WVSA for facilities for which historical sampling data are available.
D. Periodic reports on continued compliance as scheduled in accordance with the user’s industrial wastewater discharge permit and § 18-344 of this Part 3.
E. Immediate notice to the WVSA of any discharge that constitutes a slug discharge.
F. Immediate notice to the WVSA of any change in the user’s facility that could affect the potential to have a slug discharge.
G. Notification of any planned changes or modifications to the volume or character of the industrial wastewater discharge, including any changes to listed or characteristic hazardous waste discharges reported under § 18-346 of this Part 3.
H. Sampling results and resampling reports as required by § 18-344 of this Part 3.
2. Every significant industrial user and any nondomestic user which is required, by permit or by request of the WVSA, to institute any monitoring, BMP, sampling, grease or sediment removal, or any other activity which will produce a record (such as flow meter or pH recorder charts, laboratory results, or hauled waste records) shall retain all such records for a period of at least three years. All sampling records of significant industrial users shall include the information as set forth at 40 C.F.R. § 403.12(o).
3. All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority upon request. The reports and other documents required to be submitted or maintained under this Section may be subject to the provisions of § 309(c)(4) of the Clean Water Act, as amended, and 18 Pa.C.S.A. § 4904, as amended, governing false statements, representations or certifications.
(Ord. 2012-4, 9/13/2012, § 4.15)
1. All industrial users shall be required, in accordance with 40 C.F.R. § 403.12(p), to report the discharge into the sanitary sewer system of any substance, which if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 C.F.R. Part 261. Said notification shall be in writing to the WVSA, the EPA Regional Waste Management Division Director and the PADEP hazardous waste authorities, and shall include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (batch, continuous or other).
2. If the user discharges more than 100 kilograms of such waste per calendar month to the WVSA, the notification shall also contain the following:
A. An identification of the hazardous constituents contained in the wastes.
B. An estimation of the mass and concentration of such constituents in the wastestream to be discharged in that calendar month.
C. An estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months.
3. All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this Section needs to be submitted only once for each hazardous waste discharged, provided that any planned change in the volume or character of the hazardous waste discharge must be reported as provided in § 18-344 of this Part 3. The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of this Part 3.
4. In the case of any notification made under this Section, the user shall certify that it has in place a program to reduce the volume and toxicity of hazardous wastes generated.
(Ord. 2012-4, 9/13/2012, § 4.16)
1. All required reports submitted by a user must be signed by an authorized representative, as defined by 40 C.F.R. § 403.12(1) to be:
A. A principal executive officer of at least the level of vice president if the user is a corporation.
B. A manager of one or more manufacturing, production or operating facilities, provided that the manager is authorized to make management decisions which govern the operation of the manufacturing facility and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedure.
C. A general partner or proprietor if the user is a partnership or sole proprietorship respectively.
D. A duly authorized representative of the individual designated in Subsection 1. Paragraphs 1.A., 1.B. or 1.C. above if the authorization is made in writing by the person designated in Subsection 1. Paragraphs 1.A., 1.B. or 1.C. above, the authorization specifies either the individual or a position having responsibility for the overall operation of the facility from which the discharge originates; and the authorization is submitted to the WVSA.
2. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to federal pretreatment regulations and/or this Part 3, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under federal pretreatment regulations or this Part 3, shall be subject to the civil and criminal penalties as set forth at 40 C.F.R. § 403.12(n) governing false statements, representations or certifications in reports
required under the Act, as well as 18 Pa.C.S.A. § 4904, as amended, and other applicable state law.
(Ord. 2012-4, 9/13/2012, § 4.17)
1. The WVSA may require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems from which a discharge flows into the sewer system. The monitoring facility should normally be situated on the user’s premises, but the municipality may, upon application by the user and when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
2. There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the user.
3. Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the WVSA’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification of approval of the plans by the WVSA or within such other time as may be authorized by WVSA.
(Ord. 2012-4, 9/13/2012, § 4.18)
1. Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and 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 WVSA that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
2. 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 3, the National Pollutant Discharge Elimination System (NPDES) permit, and the Pretreatment Program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristic shall not be recognized as confidential information.
3. Information accepted by the WVSA as confidential, shall not be transmitted to the general public by the WVSA until and unless a ten-day notification is given to the user. Information accepted as confidential by the WVSA shall be made available to governmental agencies. If requested by the user, the EPA and PADER will treat the submitted information as confidential to the extent provided in 40 C.F.R. Part 2.
(Ord. 2012-4, 9/13/2012, § 4.19)
1. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 3. Facilities to prevent accidental discharge of prohibited materials and to mitigate, reduce and contain any such discharge shall be provided and maintained at the user’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the WVSA for review, and shall be approved by the WVSA before construction of the facility. No user who commences discharge of industrial wastewater to the sanitary sewer system after the effective date of this Part 3 shall be permitted to introduce pollutants into the system until accidental discharge protection, containment and countermeasure procedures have been approved by the WVSA. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user’s facility as necessary to meet the requirements of this Part 3.
2. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the WVSA of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective actions being taken.
3. Within five days following an accidental discharge, the user shall submit to the Executive Director a detailed report describing the cause 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 WVSA, its facilities, or any other person or property; nor shall notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Part 3 or other applicable law. Failure to notify the Executive Director of an accidental discharge shall constitute a separate and distinct violation of this Part 3.
4. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Employers shall ensure that all employees who may be present in an area where an accidental discharge may occur are advised of the emergency notification procedure as well as the containment and countermeasures developed by the user to mitigate and control any such discharge.
(Ord. 2012-4, 9/13/2012, § 4.20)
In the case of a nondomestic user that, for reasons of emergency maintenance, equipment failure, or other similar unforeseen event beyond the user’s reasonable control, must discharge prohibited, high strength or other wastewater of unusual strength, character or volume, the user may apply to the Executive Director for an emergency discharge permit. The Executive Director may issue such a permit, on terms and conditions as he or she deems appropriate, upon his or her review of the information provided and in his or her sole discretion. No discharge of the unusual wastewater may be made until and unless an emergency discharge permit has been issued. An emergency discharge permit shall not be issued for longer than 30 days and may be renewed only after a new application has been made.
(Ord. 2012-4, 9/13/2012, § 4.21)
E. Violations and Enforcement
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