( UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION
Ill 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 CERTIFIED MAIL RETURN RECEIPT REQUESTED Sam McCollough, Superintendent Waynesburg Borough 90 East High Street Waynesburg, PA 15370 Subject: Clean Water Act Section 308 Request for Information Dear Mr. McCollough:

FEB 19 2009 The enclosed Request for Information

is issued this date pursuant
to Section 308 of the Clean Water Act (CWA), 33 U.S.C.

§ 1318, and requires, among other things, that the Waynesburg Borough provides information regarding oil and gas wastewater that is accepted by the Waynesburg wastewater treatment plant.
It is mandatory that the **Wayn~sburg** Borough provides this information. You must respond in accordance with the instructions and deadlines set forth in the Request for Information. If you have any questions about this Request for Information, you may contact Mr. Chad Harsh at (215) 814-2633,
or your counsel may contact Ms. Judith Hykel, Senior Assistant Regional Counsel,
at (215) 814-2646. Enclosure cc: Lisa Daniels,

P ADEP Bureau of Water Quality Management Sam Harper, Chief Operations, PADEP South West Regional Office **Sine}~/**

**/ ~dB.** **MeG~** Ph.D\' Associate Director

.**~** Office ofNPDES Permit and Enforcement Water Protection Division 0 Printed on 100% recycled/recyclable paper witll 100% post-consumer fiber and process clllorine free. Customer Service Hotline: 1-800-438-2474

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)( UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION

Ill Waynesburg Borough 90 East High Street Waynesburg, PA 15370 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 REQUEST FOR INFORMATION Under Section 308 of the Clean Water Act, 33 U.S.C.

§ 1318 I. STATUTORY AUTHORITY 1. This Request for Information

is issued to Waynesburg Borough ("Waynesburg") under the authority vested in the United States Environmental Protection Agency ("EPA") by Section 308 ofthe Clean Water Act ("CWA" or "Act"), 33 U.S.C.

§ 1318. 2. EPA is authorized under Section 308 ofthe CWA 33 U.S.C.

§ 1318, to require owners and operators of point sources to establish records and make such reports as may be **nec~ssary**
to carry out the purpose of the Act, including but not limited to: (a) Developing
or assisting in the development
of any effluent limitation,
or other limitation, prohibition, effluent standard, pretreatment standard, or standard of performance under the Clean Water Act; (b) Determining whether any person
is in violation of any such effluent limitation,
or other limitation, prohibition
or effluent standard, pretreatment standard, or standard of performance; (c) Any requirements under Section 308 of the Clean Water Act; and (d) Carrying out Sections 305, 311, 402, 404, and 504 of the Clean Water Act. 3. Failure to provide the requested information
or providing misleading
or false information may subject you to civil and/or criminal sanctions pursuant
to Section 309 of the Act, 33 u.s.c.

§ 1319.

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4. 5. 6. 7 . 8. 9. 10. 11.

II. DEFINITIONS The terms "you" and "your" herein refer to Waynesburg Borough. The terms "document" and "documents" shall mean anyformat that records, stores, or presents information, and includes writings, memoranda, records, or information
of any kind, formal or informal, whether wholly or partially handwritten
or typed, whether in computer format, memory,or storage device, orin hard copy, including anyform or format of these types. If in computer format or memory, each such document shall be provided in atranslated form useable and readable by EPA, with all necessary documentation and support. All documents
in hard copyshould also include: (a) a copy of each document which is not anexact duplicate of adocument which is provided; (b) each copy which has any writing, notation, orthe like on it; c) drafts; (d) attachments to or enclosures with any document; and (e) everyother document referred to or incorporated into each document. "Day'' shall mean

acalendar day. In computing any period of time under this 308 request, where the last day would fall ona Saturday, Sunday, federal orstate holiday, the period shall rununtil the close of the next business day. "Plant" refers to the Waynesburg Borough waste water treatment plant. The "Permit" shall refer to the Pennsylvania Department
of Environmental Protection ("PADEP") NPDES Permit No. PA0020613

. "DMRs" shall refer to discharge monitoring reports. "Waste haulers" shall refer to any personor entity that transports waste to Waynesburg for the purposeof treatment. "Brine" shall refer to anyfluid generated by drilling process. III. INSTRUCTIONS ·12. Provide

a separate narrative response for each question and for each subpart of each question set forth below. Precede each answer with the corresponding number of the question
to which
it responds. 13. Identify each person responding

to any question contained
in this Information Request on your behalf, aswell aseach person consulted
in the preparation
of the response. 14. For each question, identify each document consulted, examined,
orreferred to in the preparation
of the responseorthat contains information responsive

to the question, and 2

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. 18. provide

atrueand correct copyof each such document
if not provided in response
to another specific question. Indicate oneach document produced
in response
tothis Information Request, orin some other reasonable manner,the number of the question towhich it corresponds. If tabulation

is requested, provide the requested information

in tabular form in hard copy and also in tabular form in anelectronic spreadsheet file Excel, or compatible format. If requested information
ordocuments arenot known orarenot available
atthe time of your responsetothis Information Request, but later become known or available, youmust supplement
its response
toEPA. Moreover, should youfind at anytime after submission of your responsethat any portion
is orbecomes false, incomplete,
or misrepresents
the facts; youmust provide EPA with
acorrected responseassoonas possible. The following certification must accompanyeach submission provided pursuant
tothis requestand mustbe **~igned**by a personauthorized

to respond onbehalf of Waynesburg: "I certify that the information contained
in or accompanying this submission

is true, accurate,and complete. As tothe identified portion(s) of this submission for which

I cannot personally verify its truth and accuracy,

I certify asthe company official having supervisory responsibility for the person(s) who, acting under mydirect instructions, made the verification, that this information

is true, accurate,and complete.

I am awarethat there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signed--------- Title---------- 19. Provide your responseswithin thirty (30) days from the date youreceive this request. 20. Submit your responseto: Chad Harsh (3WP10) NPDES Enforcement Branch Water Protection Division U .S. Environmental Protection Agency 1650 Arch Street Philadelphia, PA 19103 21. If youhave questions regarding this Information Request, you maycontact Chad Harsh of the Water Protection Division
at (215) 814-2633,
or yourcounsel maycontact Judith Hykel, Senior Assistant Regional Counsel,
at (215) 814-2646. 3

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IV. INFORMATION REQUESTED You are directed, pursuant
to Section 308 ofthe Act, 33 U.S.C. Section 1318, to provide the following information: 22. Describe
in detail all policies and/or practices you use for accepting and characterizing hauled wastewater, including sampling and analytic methods employed. Provide all documentation

of such policies and practices. 23. Describe in detail all policies and/or practices for accepting and characterizing hauled wastewater generated from oil and gas exploration, including sampling and analytic methods employed. Provide all documentation

of such policies and practices. 24. Describe in detail all policies and procedures **u~ed**in determining your charges to haulers for accepting hauled wastewater. Provide 11:ll documentation

of such policies and practices. 25. Provide an electronic spreadsheet, for the period June 2006 to present, with the following information concerning
all instances of your acceptance of oil and gas wastewater: a. Date of acceptance; b. Volume of oil and gas wastewater accepted; c. Waste water treatment plant ("WWTP") flow volume for that day; d. Name of the hauler; e. Site location of the well where the wastewater originated; f. Owner or operator or the well that produced the wastewater; and g. Charge levied for accepting the waste. 26. Provide the address and telephone number of each hauler identified
in response
to Paragraph
25 above. 27. Provide copies of all manifests and/or other documents concerning the transportation

or acceptance of oil and gas wastewater identified
in response
to Paragraph 25. Include agreements with oil and gas companies and/or haulers from June 2006 to present day. 28. Identify alllocation(s)
of the discharge point(s) of oil and gas wastewater into the Waynesburg wastewater treatment system. 29. Provide all WWTP influent monitoring data associated with accepting of oil and gas wastewater, identified
in response
to Paragraph
25 above for the period of time from June 2006 to present day. Identify every location where the samples were collected. 4

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# ( (( ( 30.Provideanelectronic spreadsheetforthe periodfortimefromJune2006to present,with the following information for wastewaterandbiosolids: a.Dateof sampling; b. Parameter analyzed; c.Value;and d.Value reportedinDMR. 31.Provide DMRsforthe periodoftimefromJune2006to present day. 32.Submitall monitoring dataforthe periodoftimefromJune2006to presentthatarenot reportedontheDMRs. 33.Provide

acopyofall pastandfuture submittals

tothe Pennsylvania Department
of Environmental Protection
in response
toitsorderissuedonOctober 23,2008relatedto oiland gaswastewaterreceived by you. 5( C..**~** (__·