[Adopted 6-9-1997 by Ord. No. 486]
A.
This article sets forth uniform requirements for direct
and indirect contributors into the Denver collection system, wastewater
interceptor systems, and the wastewater treatment facilities operated
by Ephrata. These provisions assist Denver and Ephrata in complying
with all applicable state and federal laws, including but not limited
to the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.)
and the Federal General Pretreatment Regulations (40 CFR 403). The
objectives of these provisions are:
(1)
To prevent the introduction of pollutants into the
facilities which will interfere with the operation of the facilities
or contaminate the resulting sludges and biosolids.
(2)
To prevent the introduction of pollutants into the
facilities that will pass through the facilities, inadequately treated,
into receiving waters or the atmosphere or otherwise be incompatible
with the facilities.
(3)
To help protect both personnel who work at the facilities
and to help protect the public from unnecessary biological or chemical
hazards.
(4)
To improve the opportunity to recycle and reclaim
wastewater, sludge and biosolids from the facilities.
(5)
To provide for fees and surcharges for equitable distribution
of the cost of the facilities and the cost of operation of the facilities.
(6)
To enable Ephrata to comply with its national pollution
discharge elimination system permit conditions, sludge use, biosolids
use and disposal requirements, and any other federal or state laws
to which the facilities are subject.
(7)
To provide a database for future facility designs
and operation work.
B.
This article (i) defines certain terms and provides
for the regulation of direct and indirect contributors to the facilities
through the issuance of permits to certain nondomestic users and through
enforcement of general requirements for the other users; and (ii)
authorizes monitoring, inspection, and enforcement activities; and
(iii) requires user testing and reporting; and (iv) provides for the
setting of fees for the equitable distribution of costs resulting
from the treatment of nondomestic wastewater and of the costs resulting
from the program established herein.
C.
This article and the fees authorized by this article
shall apply to the users located in Denver.
D.
This article establishes fines and penalties for noncompliance
with the regulations and establishes additional provisions for corrective
action in cases of such noncompliance.
A.
ACT or THE ACT
ACT 537
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL/COMMERCIAL USER
(1)
(2)
(3)
(4)
(5)
AVERAGE DAILY FLOW
BEST MANAGEMENT PRACTICES or BMPS
BIOSOLIDS
BOD (BIOCHEMICAL OXYGEN DEMAND)
BYPASS
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COLLECTION SYSTEM
COMPOSITE WASTEWATER SAMPLE
CONTROL AGENCIES
COOLING WATER
DENVER
DEP
DIRECT DISCHARGE
DISSOLVED SOLIDS
ENFORCEMENT OFFICER
ENVIRONMENTAL PROTECTION AGENCY or EPA
EPHRATA
EXISTING SOURCE
FACILITIES
GARBAGE
GRAB SAMPLE
GROUNDWATER
HOLDING TANK WASTE
IMPROVED PROPERTY
INDIRECT DISCHARGE
INDUSTRIAL PRETREATMENT PROGRAM
INDUSTRIAL USERS and INDUSTRIAL/COMMERCIAL USERS
INDUSTRIAL WASTE/INDUSTRIAL WASTEWATER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERCEPTOR
INTERFERENCE
(1)
(2)
INTERMUNICIPAL GROUP (or the "IMG")
MANHOLE
MGD
MG/L
MUNICIPAL OWNER
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES
PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NEW USER
(1)
(2)
(3)
NONCONTACT COOLING WATER
OWNER
PASS THROUGH
PEAK FLOW
PERSON
pH
PLANT
PLANT NO. 1
PLANT NO. 2
POLLUTANT
POLLUTION
POTW
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PUBLICLY OWNED TREATMENT WORKS or POTW
REQUIREMENT(S)
SANITARY SEWER
SANITARY WASTEWATER
SEPTIC TANK WASTE
SEWAGE
SEWER
SEWER SERVICE AGREEMENT (or the "AGREEMENT")
SIGNIFICANT INDUSTRIAL USER (SIU)
(1)
(2)
(a)
(b)
(c)
(d)
(3)
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUDGE
SLUG or SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STORMWATER
SUSPENDED SOLIDS (SS)
TOTAL SOLIDS
TOXIC SUBSTANCES
UNAUTHORIZED WASTE
USER
WASTEWATER
WASTEWATER SYSTEM
WATERS OF THE COMMONWEALTH
The following words, terms and phrases when used in
this article shall have the meaning described in this section, except
where the context specifically indicates otherwise:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, 35 P.S. § 750.1 et seq., as amended from time to time.
The Regional Administrator of the EPA.
An authorized representative of an industrial/commercial
user may be:
For a corporation: a responsible corporate officer
of the level of president, vice president, secretary or treasurer
of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions
for the corporation.
Or alternatively, for a corporation: the manager
of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding $25,000,000, if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
A general partner or proprietor if the Industrial/Commercial
User is a partnership or proprietorship, respectively.
For a federal, state, or local government: a
director or the highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility.
A duly authorized representative of the individual
designated above if (a) the authorization is made in writing by the
individual or (b) the authorization specifies either an individual
or position having responsibility for the overall operation of the
facilities from which the indirect discharge originates, such as the
position of plant manager, operator of a well, or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and (c) the written authorization
is submitted to Enforcement Officer.
A measurement of wastewater flow calculated by dividing the
total wastewater flow under consideration for the 30 days immediately
preceding the date of calculation by the number 30.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 152-39. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
[Added 12-10-2007 by Ord. No. 575]
Nutrient-rich organic material resulting from the reclamation
of wastewater.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, for five days
at 20° C usually expressed as a concentration in milligrams per
liter (mg/l). The standard laboratory procedure shall be that found
in the latest EPA approved edition of standard methods.
The intentional diversion of waste streams from any portion
of an industrial/commercial user's treatment facility.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of The Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
All of the wastewater collection facilities constructed or
to be constructed, which conveys wastewater toward the interceptor,
Plant No. 1 and/or Plant No. 2, whether owned by Denver, Ephrata or
another municipal owner, including but not limited to, sewers, interceptors,
force mains, metering devices, pumping stations and other appurtenances.
A combination of individual samples of water or wastewater
collected at selected intervals, generally hourly for some specific
period, to minimize the effect of the variability of the individual
sample. Individual samples may have equal volume or may be roughly
proportioned to the flow at the time of sampling.
The DEP, EPA and any and all governmental agencies, including
Ephrata, who have a right to control treatment, transportation and
disposal of wastewater.
The water discharged from any recirculating, evaporative
type cooling tower system or evaporative cooling pond for any use
such as air conditioning, refrigeration, process cooling system, or
combination cooling and process air scrubbing water system, and in
which the makeup water impurity concentrations have been elevated
due to evaporation, and/or to which antiscaling chemicals, corrosion
inhibition chemicals, and/or EPA approved antimicrobial chemicals
have been added.
The Borough of Denver, Lancaster County, Pennsylvania, and
its officials and employees.
The Department of Environmental Protection of the commonwealth
or any successor thereto.
The discharge of treated or untreated wastewater directly
to the waters of the commonwealth.
The anhydrous residues of the dissolved constituents in water
or wastewater as determined by the standard laboratory procedure set
forth in the latest edition of standard methods.
The entity appointed by Denver Borough Council to administer
and enforce the provisions of this article, include the issuance of
permits, collection of fees, imposition of administrative penalties,
and institution and prosecution of enforcement actions. The Enforcement
Officer may be an individual person, a firm or corporation, or a municipal
corporation.
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
The Borough of Ephrata, Lancaster County, Pennsylvania, and
the Ephrata Borough Authority, and their officials, agents, and employees.
When used in this article, Ephrata shall refer to both Ephrata Borough
and Ephrata Borough Authority, as their legal rights and interests
appear.
Any source of discharge, the construction or operation of
which commences prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of The Act.
The Denver collection system, Plant No. 1, Plant No. 2 and
the interceptor, collectively, together with all capital additions.
The animal and vegetable solid waste resulting from the domestic
and commercial preparation, cooking and dispensing of food and from
handling, storage, and sale of produce.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
Water which is contained in or passing through the ground.
Any waste from tank trucks, pump trucks, holding tanks, septic
tanks, chemical toilets, campers, trailers or similar devices delivering
waste of a sanitary and/or domestic origin.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary wastewater and/or industrial
wastewater shall be or may be discharged.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307 (b), (c) or (d) of The Act.
A program administered by the owner of the POTW that meets
the criteria established in 40 CFR 403.8 and 403.9, and which has
been approved by a regional administrator or state director in accordance
with 40 CFR 403.11 and which has been approved by the Enforcement
Officer and, if required, Ephrata.
A source engaged in commercial or industrial activities of
indirect discharge which does not constitute a "discharge of pollutants"
under regulations issued pursuant to Section 402 of The Act, 33 U.S.C.
§ 1342.
Solid, liquid or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade, or business process or in the course of development,
recovering or processing of natural resources, but not sanitary wastewater.
Including any and all wastes, other than sanitary wastewater, discharged
from industrial establishments, certain commercial establishments,
including but not limited to hospitals and restaurants, and other
similar business or institutional activities, and additionally in
any other respects as such term is defined in the Pennsylvania Clean
Streams Law, Act of June 22, 1937, as amended, 35 P.S. § 691.1
et seq. (the "Clean Streams Law").
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
The interceptor sewer owned by the Ephrata commencing at
a point of connection with Denver's collection system and extending
in and through portions of the Townships of Ephrata and East Cocalico
and Ephrata Borough, discharging at Plant No. 2 and continuing further
to terminate at Plant No. 1, including the Mission Pumping Station
and appurtenant facilities. This interceptor is a gravity main to
the Mission Pumping Station and is a force main from such pumping
station to Plant No. 1.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes and/or
biosolids processes, use or disposal; and therefore, is a cause of:
A violation of any requirement of the Ephrata
NPDES Permit (including an increase in the magnitude or duration of
a violation); and/or
The prevention of sludge and/or biosolids use
or disposal by the POTW in accordance with Section 405 of The Act,
or any criteria, guidelines, or regulations developed pursuant to
the Solids Waste Disposal Act (SWDA) including Title II, more commonly
referred to as the Resource Conservation and Recovery Act (RCRA),
the Clean Air Act, the Toxic Substances Control Act, the Marine Protection,
Research and Sanctuaries Act, or more stringent state criteria, including
those contained in any state sludge management plan prepared pursuant
to Title IV (Subtitle D) of SWDA applicable to the method of disposal
or use employed by the POTW.
The committee made up of appointees of the municipalities
which are parties to the Sewer Service Agreement dated November 1,
1995 (or as may be amended from time to time), with respect to the
Ephrata Wastewater Facilities, established pursuant to Section 2.06
of that Agreement.
A structure leading from the surface of the ground to a sewer,
permitting access to the sewer.
A million gallons per day, based on average daily flow.
Milligrams per liter.
The municipality and/or municipal authority that owns any
portion of any collection system that may be used for the conveyance
of sanitary wastewater and/or industrial wastewater from a user.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of The Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users and which appears in 40 CFR, Chapter I, Subchapter N, §§ 405-471.
(Same as "categorical pretreatment standard" or "categorical standard.")
A permit issued pursuant to § 402 of The Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307(b)
of The Act and 40 CFR 403.5.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under Section 307(c) of The Act which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections (1)(b) or (1)(c) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under
this subsection has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly, or installation of
facilities or equipment; or
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for placement, assembly or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts of feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
A new connection generating a new sewage flow and/or an existing
customer and point of connection that is either:
Applying for an increase in building size or
sewer usage by way of land development approval or planning module
approval or application for reserved sewer capacity; and
An existing customer at an existing point of
connection or a new point of connection who is or is not expanding
or modifying their building but who is expanding, changing or intensifying
the use of their property in such a way as to add residential dwelling
units or commercial or industrial establishments or portions thereof
or change or intensify the use of the property served by the POTW.
An existing customer at an existing point of
connection who is not expanding their building or changing their usage
but is generating a substantial increase in flow, with their existing
facilities.
Water used for cooling to which the only pollutant added
is heat and which does not come into direct contact with any raw material,
chemicals added for scale and corrosion inhibition, antimicrobial
chemicals, intermediate product, waste product, or finished product.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
A discharge which exits the POTW into the waters of the commonwealth
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of any requirement of any applicable NPDES permit (including an increase
in the magnitude and duration of violation).
Any flow which exceeds 1.7 times the average daily flow.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns.
The reciprocal of the logarithm, Base 10, of the hydrogen
ion concentration, and is used as an indicator of the acidity or alkalinity
of a solution, expressed in standard units.
Plant No. 1 or Plant No. 2, as applicable.
The sewage treatment plant and facilities, located in Ephrata
Borough, owned by Ephrata Borough Authority and operated by Ephrata
Borough, together with any capital additions thereto.
The sewage treatment plant and facilities located in Ephrata
Township, owned by Ephrata Borough Authority, and operated by Ephrata
Borough, together with any capital additions thereto.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, biosolids, munitions, filter backwash, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste and certain characteristics
of wastewater (e.g., pH, temperature, SS, turbidity, color, BOD, COD,
toxicity, or odor).
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
See "publicly owned treatment works."
That portion of the POTW designed to provide treatment of
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, discharging or otherwise introducing
such pollutants into the facilities and/or a POTW. The reduction or
alteration can be obtained by physical, chemical or biological processes;
by process changes; or by other means, except by diluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a national pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
A "treatment works" as defined by Section 212 of the Act,
33 U.S.C. § 1292, which is owned by Denver, Ephrata or a
municipal owner. This definition includes any devices and systems
used in the collection, transfer, storage, treatment, recycling and
reclamation of sewage or industrial wastes of a liquid nature. It
also includes pipes, sewers, and other conveyances only if they convey
wastewater to a POTW treatment plant.
Any and all local, state and federal laws, case law, statutes,
regulations (including but not limited to these regulations), rules,
guidelines, policies, permits, approvals and other standards or requirements
of control agencies, as amended and/or changed.
A sewer which carries sanitary wastewater and/or authorized
industrial/commercial wastes and to which storm, surface, and ground
waters are not intentionally admitted.
All normal water-carried household and toilet waste from
kitchens, water closets, lavatories, laundries and bathrooms, especially,
but not limited to, wastes typical to households, from sanitary conveniences
wherever located or existing.
Waste from a settling tank in which settled Sludge is in
immediate contact with the wastewater flowing through the tank and
the organic solids are decomposed by anaerobic bacterial action.
All water-carried waste defined as Sewage in Act 537, including
sanitary wastewater and industrial wastewater.
A pipe or conduit for carrying sanitary wastewater or authorized
industrial wastewater.
The Intermunicipal Agreement dated November 1, 1995, setting
forth the provisions for providing conveyance and treatment of sanitary
wastewater and industrial wastewater by Ephrata and providing for
the sharing of costs and responsibilities of the municipal owners,
including the Ephrata, for this conveyance and treatment.
A user subject to categorical pretreatment standards;
or
A user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the facilities and/or POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewater); or
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of any individual POTW treatment plant; or
Has in its wastes toxic pollutants as defined
pursuant to § 307 of The Act or Pennsylvania statutes and
rules; or
Is designated as such by the Enforcement Officer,
Ephrata, DEP, or the EPA on the basis that it has a reasonable potential
for adversely affecting the facilities operation and/or the POTW's
operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the facilities; and/or the POTW's operation or for violating any pretreatment standard or requirement, the Enforcement Officer and/or Ephrata may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
For significant industrial users (SIUs) shall include:
[Amended 12-10-2007 by Ord. No. 575]
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the wastewater
measurements, including laboratory analyses taken during a six-month
period, exceed a numeric pretreatment standard or requirement or instantaneous
limits by any amount;
Technical review criteria (TRC) violations,
defined here as those in which 33% or more of all of the wastewater
measurements, including laboratory analyses for each pollutant parameter
taken during a six-month period, equals or exceeds the product of
the numeric pretreatment standard or requirement including instantaneous
limits multiplied by the applicable factors listed herein. The TRC
factors are listed as follows: 1.4 for BOD, SS and fats, oils and
grease and 1.2 for all other pollutants except pH;
Any other discharge violation of a pretreatment
standard or requirement that the Enforcement Officer or Ephrata determines
has caused, alone or in combination with other discharges, interference
or pass-through or has endangered the health of POTW personnel or
the general public;
Any discharge of a pollutant that has caused
an imminent endangerment to the public or to the environment or has
resulted in the Enforcement Officer's or Ephrata's exercise of its
emergency authority to halt or prevent such a discharge;
Failure to meet, within 90 days after the scheduled
date, a compliance schedule milestone contained in an industrial waste
discharge permit or enforcement order for starting construction, completing
construction or attaining final compliance;
Failure to provide, within 45 days after the
due date, any required reports, including baseline monitoring reports,
compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules;
Failure to accurately report noncompliance;
or
Any other violation or group of violations which
may include a violation of best management practices which the Enforcement
Officer or Ephrata determines will adversely affect the operation
of the facilities or the implementation of the Borough's pretreatment
program.
The accumulated solids separated from liquids, such as wastewater,
during processing, and/or the precipitate resulting from coagulation
or sedimentation of wastewater.
A discharge at a flow rate or concentration which could cause
a violation of the prohibited discharge standards, including, but
not limited to, an accidental spill or noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States, Office of Management and Budget.
An abbreviated expression used to denote standard methods
for the examination of water and waste water, a manual published by
the American Public Health Association specifying official analytical
procedures for the measurement of wastewater parameters.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snow
melt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
The sum of dissolved and undissolved constituents in water
or wastewater as determined by laboratory analysis in accordance with
standard methods.
Any substance or combination of substances that: (a) is listed
as toxic in regulations promulgated by the Administrator of the EPA
under the provision of Section 307(a) of The Act, or other acts, or
(b) is present in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with the operation of the
POTW, including any wastewater treatment process, to constitute a
hazard to humans or animals, to create a public nuisance, or to create
any hazard in the POTW or in the receiving waters of the POTW.
Any waste which is not in compliance with the provisions
of these regulations, or which is discharged into the POTW by a person
in violation of any provision contained in this article.
A source of indirect discharge or wastewater into the POTW
and/or any person who contributes, causes or permits contribution
of discharge or wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water, and Stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
The wastewater collection systems, pumping stations, Interceptor
systems and treatment plants, operated by the municipalities and/or
their authorities and which directs flow to the Ephrata Wastewater
Treatment Plants.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the commonwealth or any portion
thereof.[1]
[1]
Editor's Note: Former Subsection B, which
immediately followed this definition, was deleted 12-11-2006 by Ord.
No. 564.
B.
Whenever the term "shall" is used in this article,
it is mandatory; "may" is permissive.
D.
The first letters of all references to Ephrata forms
and fees are also capitalized, but such terms are not defined.
E.
Interpretations.
(1)
The words "hereof," "herein," "hereto," "hereby,"
and "hereunder" refer to this article.
(2)
Every "request," "requisition," "order," "demand,"
"application," "notice," "statement," "certification," "consent" or
similar action hereunder shall, unless the form thereof is specifically
provided, be in writing signed by a duly authorized officer of the
person making, sending, issuing or publishing the item.
(3)
Words importing persons include firms, associations,
corporations, and all parties hereto and all words imparting the singular
number include the plural number and vice-versa.
F.
Abbreviations. The following abbreviations shall have
the designated meanings:
|
BMP
|
Best Management Practice
[Added 12-10-2007 by Ord. No. 575] | |
|
BOD
|
Biochemical Oxygen Demand
| |
|
CFR
|
United States Code of Federal Regulations
| |
|
COD
|
Chemical Oxygen Demand
| |
|
DEP
|
Department of Environmental Protection
| |
|
EPA
|
United States Environmental Protection Agency
| |
|
GPD
|
Gallons Per Day
| |
|
1
|
Liter
| |
|
mg
|
Milligrams
| |
|
MGD
|
Million Gallons Per Day
| |
|
mg/l
|
Milligrams per Liter
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
POTW
|
Publicly Owned Treatment Works
| |
|
SIC
|
Standard Industrial Classification
| |
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6091
et seq.
| |
|
SS
|
Suspended Solids
| |
|
USC
|
United States Code
|
A.
No user shall introduce or cause to be introduced,
directly or indirectly, into the POTW any pollutant or wastewater
which will pass through or interfere with the operation or performance
of the POTW. These general prohibitions apply to all users of the
POTW, whether or not the user is subject to national categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements.
B.
No user shall introduce or cause to be introduced,
directly or indirectly, any stormwater, surface water, spring water,
groundwater, roof runoff, subsurface drainage, building foundation
drainage, or cellar drainage, into the POTW.
C.
No user shall introduce or cause to be introduced,
directly or indirectly, into the POTW any of the following pollutants,
substances, or wastewater:
(1)
Any liquids, solids, or gases which by reason of their
nature or quantity are, or may be, sufficient, either alone or by
interaction with other substances, to cause fire or explosion or be
injurious in any other way to the POTW or their operating personnel,
or to the operation of the POTW, including, but not limited to, waste
streams with a closed cup flash point of less than 140° F or 60°
C using the test methods specified in 40 CFR 261.21. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge into the system (or at any point in the system) be more
than 5% nor any single reading be over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not
limited to: gasoline, fuel oil, kerosene, naphtha, benzene, toluene,
xylene, paint products, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides,
and any other substances which the Enforcement Officer, Ephrata, the
state or EPA has notified the user is a fire hazard or a hazard to
the POTW.
(2)
Wastewater having a stabilized pH as defined in Table 1 of § 152-41D of this article, maximum allowable concentration, or wastewater having any other corrosive or scale-forming property capable of causing damage or hazard to structures, equipment, biological and/or bacterial action or damages to processes and/or injury to personnel of the POTW.
[Amended 8-9-1999 by Ord. No. 493]
(3)
Any solids or viscous substances which may cause obstruction
to the flow in a sewer or collection system or other interference
with the operation of the POTW such as, but not limited to, fats,
oils and grease, garbage with particles greater than 1/2 inch in any
dimension, animal guts or tissues, paunch manure, bones, hair, hides
or fleshings, entrails, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, waste paper, wood, cotton, wool, plastics,
gasoline, tar, asphalt residues, residues from refining, or processing
of fuel or lubricating oil, mud, glass grinding or polishing wastes,
bentonite, lye, building materials, rubber, leather, porcelain, china,
ceramic wastes, polishing wastes, or other solid or viscous substances
capable of causing obstruction or other interference with the operation
of the POTW.
(4)
Pollutants, including oxygen-demanding pollutants
(BOD, etc.) released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW.
(5)
Wastewater having a temperature at the point of user
discharge higher than 150° F, or any wastewater which will inhibit
biological activity at the POTW(s) but in no case any wastewater which
causes the temperature at the influent of the POTW to exceed 104°
F (40° C) or is less than 32° F (0° C).
(6)
Containing any petroleum oil, nonbiodegradable cutting
oil or products of mineral oil origin in amounts that will cause interference
or pass through.
(7)
Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(8)
Trucked or hauled pollutants, except at discharge
points and except using procedures as approved by the Enforcement
Officer, in accordance with the article.
(9)
Noxious or malodorous liquids, gases, or solids which
either singly or by interaction with other wastes are sufficient to
create a public nuisance, or to prevent entry into the POTW for maintenance
and repair, or that may cause acute worker health and safety problems.
(10)
Liquids, gases or solids which impart color
which cannot be removed by normal methods or the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions,
which consequently impart color to the POTW's effluent, thereby violating
the NPDES Permit. Color (in combination with turbidity) shall not
cause the POTW effluent to reduce the depth of the compensation point
for photosynthetic activity by more than 10% from the seasonably established
norm for aquatic life.
(11)
Any radioactive materials or isotopes of such
half-life or concentration as may exceed applicable local, state or
federal regulations.
(12)
Stormwater, surface water, spring water, contaminated
or uncontaminated groundwater, artesian well water, remediated contaminated
groundwater, roof runoff, subsurface drainage, building foundation
drainage, or cellar drainage.
(13)
Any toxic substances in sufficient quantity
which, either singly or by interaction with other wastewater or pollutants,
may injure or interfere with any wastewater treatment process, may
constitute a hazard to humans or animals, or may create a toxic effect
in the receiving waters of the POTW.
(14)
Any substance which may cause the POTW's effluent
or any other product of the POTW, such as residues, sludge, biosolids,
or scums, to be unsuitable for reclamation and reuse or to interfere
with the reclamation process. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with sludge and/or
biosolids recycling or disposal criteria 40 CFR 503, guidelines or
regulations developed under § 405 of The Act; any criteria,
guidelines or regulations affecting sludge and/or biosolids use or
disposal developed pursuant to the SWDA, the Clean Air Act, the Toxic
Substance Control Act or state criteria applicable to the sludge and/or
biosolids management method being used.
(15)
Any substance which will pass through and as
a result cause the POTW(s) to violate its NPDES permit or its DEP
permit or the receiving stream's water quality standards.
(16)
Any lagoon wastes.
(17)
Wastewater of such character and quantity that
unusual attention or expense is required to handle such materials
in the POTW, as determined by the Enforcement Officer.
(18)
Any wastewater of such character and quantity
that unusual attention or expense is required to handle it at the
facilities, except as may be subject to a surcharge and approved by
the Enforcement Officer and Ephrata.
(19)
Any waste listed as hazardous or having the
characteristics of hazardous waste as listed in 40 CFR 261.
D.
No user shall introduce or cause to be introduced
whole blood directly or indirectly, into the POTW unless specifically
authorized by the Enforcement Officer. Such authorization shall be
limited to a maximum of 12 gallons per day allowable flow from any
user. Such authorization shall be by way of a permit condition for
those users that require industrial waste discharge permits (i.e.,
major or minor industrial users) or by way of written letter of authorization
for permit exempt industrial users.
E.
No user shall introduce or cause to be introduced
boiler blowdown directly or indirectly into the POTW unless specifically
authorized by the Enforcement Officer. Such authorization shall be
limited to only those users that can demonstrate to the Enforcement
Officer that their boiler blowdown will not cause a violation of any
discharge criteria listed in this article, including but not limited
to temperature and pH criteria. Such authorization shall be by way
of permit conditions for those users that require industrial waste
discharge permits (i.e., major or minor industrial users) or by way
of written letter of authorization for permit exempt industrial users.
F.
No user shall introduce or cause to be introduced
noncontaminated and or noncontact cooling or process water and or
condensate into the POTW unless specifically authorized by the Enforcement
Officer. Such authorization shall be limited to a maximum of one quarter
gallon per minute or 360 gallons per day allowable flow from any user.
Such authorization shall be by way of a permit condition for those
users that require industrial waste discharge permits (i.e., major
or minor industrial users) or by way of written letter of authorization
for permit exempt industrial users.
The Categorical Pretreatment Standards found
at 40 CFR Chapter I, Subchapter N, Parts 405-471 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 Enforcement Officer may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a Categorical Pretreatment
Standard is mixed with wastewater not regulated by the same standard,
the Enforcement Officer shall impose an alternate limit using the
combined waste stream formula in 40 CFR 403.6(e).
C.
A User may obtain an EPA variance from a Categorical
Pretreatment Standard if the industrial 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.
An industrial user may obtain a net gross adjustment
to a Categorical Standard in accordance with 40 CFR 403.15.
A.
Local limits on the concentration of special pollutants are hereby established for all industrial users as listed in Subsection D. These limits are established in accordance with 40 CFR 403.5(C).
B.
The Enforcement Officer may establish alternate special
pollutant discharge limitations in individual industrial waste discharge
permits, but only in accordance with regulatory requirements. At no
time will the summation of the industrial user's discharges be greater
than the allowable industrial headworks loading as defined in 40 CFR
Part 403. The specific pollutant discharge limitations, if more stringent
than the National Categorical Pretreatment Standard shall immediately
supersede that National Categorical Pretreatment Standard. To the
extent that any federal or state requirements and limitations on discharges
are more stringent than the local limits, the most stringent requirement
and limitations shall apply.
C.
The pollutant concentrations shall be measured in a representative sample collected at the point of discharge of the industrial user to the Denver collection system. The concentrations shall be based on a twenty-four-hour composite wastewater sample, except however, for certain pollutants the industrial user may request and the Enforcement Officer may allow that this concentration be determined by analyses of grab sample. Certain pollutants such as temperature and grease must be determined on the basis of a grab sample (see § 152-60). Any sampling criteria shall be described in the industrial waste discharge permit.
D.
Maximum allowable monthly average concentration.
[Amended 8-9-1999 by Ord. No. 493; 12-10-2007 by Ord. No.
575; 4-28-2014 by Ord. No. 619]
|
Table 1
| |||
|---|---|---|---|
|
Maximum Allowable Concentration**
| |||
|
Local Limit (mg/l)
Service Area
| |||
|
Pollutant
(total)
|
WWTP No. 1
|
WWTP No. 2
| |
|
Arsenic
|
1.29
|
0.17
| |
|
Cadmium
|
0.18
|
0.13
| |
|
Chromium (Hex)
|
0.23
|
1.27
| |
|
Chromium (total)
|
2.41
|
--
| |
|
Copper
|
0.31
|
0.29
| |
|
Lead
|
0.36
|
1.00
| |
|
Mercury
|
0.051
|
0.041
| |
|
Molybdenum
|
0.145
|
0.58
| |
|
Nickel
|
0.848
|
1.45
| |
|
Oil and Grease
|
100
|
100
| |
|
Selenium
|
1.13
|
0.59
| |
|
Silver
|
--
|
--
| |
|
Zinc
|
0.73
|
--
| |
|
pH*
|
Standard units 5.0 — 12.5
| ||
|
NOTES:
| |
|---|---|
|
* pH is expressed as an upper and lower limit,
not a maximum allowable concentration.
| |
|
** Daily maximum limit is two times the monthly
average limit.
|
E.
If the pollutant concentrations or loads in excess
of those specified in this article are discharged, or are proposed
to be discharged to the POTW, or which in the judgment of the Enforcement
Officer, pollutant concentrations and/or loads may have a deleterious
effect upon the POTW, the Enforcement Officer may do any or all of
the following and/or take additional actions as may be provided herein
upon giving notice to the industrial user and/or discharger:
(1)
Require, by way of informal notice, by telephone,
to the industrial user, immediate discontinuance of the waste discharge
until such time as it meets the requirements;
(2)
Reject the waste;
(3)
Require pretreatment to reduce characteristics to
maximum limits permitted by this article;
(4)
Require control over the quantities and rates of discharge.
F.
In no circumstance shall an industrial user discharge or cause to be discharged into the POTW any of the substances listed in Subsection D without first filing an industrial waste discharge permit application and receiving written approval by the Enforcement Officer, as described in §§ 152-45 and 152-46 herein.
G.
Whenever a person has received written authorization from the Enforcement Officer to discharge any polluted water, wastewater or industrial waste containing any of the substances or possessing any of the characteristics referred to in § 152-40 and/or § 152-41 of this article, such discharge shall be subject to the continuing approval, inspection and review of the Enforcement Officer. The industrial user is also subject to the regulations of Ephrata. If, in the opinion of the Enforcement Officer or Ephrata, such discharges are causing or will cause damage to the POTW, the Enforcement Officer or Ephrata, as applicable, shall order the person causing such discharge to cease doing so forthwith, or take other appropriate action, as may be required by the Enforcement Officer or Ephrata to eliminate the harmful discharge.
H.
No industrial 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 Enforcement Officer may
impose mass limitations on industrial users who are using dilution
to meet applicable pretreatment standards or requirements, or in other
cases when the imposition of mass limitations is appropriate.
A.
Industrial users shall design, construct, operate
and maintain pretreatment facilities whenever necessary to reduce
pollutant concentrations and/or amounts or industrial users shall
modify their Wastewater to achieve compliance with this article. The
review or approval of pretreatment facility plans, specifications
and operating procedures by the Enforcement Officer and its consulting
engineer shall not excuse, mitigate or provide any defense to any
violations by the industrial user of this article or any federal,
state or local requirements.
B.
The construction of required pretreatment facilities
shall be accomplished in accordance with a responsible completion
schedule prepared by the industrial user and approved by the Enforcement
Officer. If, in the opinion of the Enforcement Officer, the schedule
prepared by the industrial user is not reasonable, a completion schedule
shall be established by the Enforcement Officer.
C.
Any industrial user required by the Enforcement Officer
to provide pretreatment facilities, or desiring to, or required to
modify existing pretreatment facilities shall not commence construction
or modifications of such pretreatment facilities until:
D.
When approved in writing by the Enforcement Officer
and placed in operation, pretreatment facilities shall be continuously
maintained in satisfactory and effective operation by the industrial
user, at his sole expense. The Enforcement Officer shall have the
right to inspect said pretreatment facilities at any reasonable time
to insure such are being properly maintained and operated.
E.
Industrial users with the potential to discharge flammable
substances may be required to install and maintain an approved combustible
gas detection meter.
[Amended 12-10-2007 by Ord. No. 575]
The Enforcement Officer shall evaluate at least
once which industrial waste discharge permit holders need an accidental
discharge/slug control plan with reevaluations as necessary. The Enforcement
Officer may require any industrial user to develop, submit for approval,
and implement such a plan. Alternatively, the Enforcement Officer
may develop such a plan for any industrial user. An accidental discharge/slug
control plan shall address, at a minimum, the following:
A.
Description of discharge practices, including non-routine
batch discharges;
B.
Description of stored chemicals;
C.
Procedures for immediately notifying the Enforcement
Officer and Ephrata of any accidental spill or slug discharge; and
D.
Procedures to prevent adverse impact from any accidental
spill or slug discharge. Such procedures include, but are not limited
to, inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
B.
Fats, grease, oil or sand traps. Fats, grease, oil,
or sand traps shall be installed by the industrial user when, in the
opinion of the Enforcement Officer or Ephrata, they are necessary
for the proper handling of liquid wastes containing floatable grease
in such amounts as are likely to cause obstruction to the flow in
a sewer or collection system or other interference with the operation
of the POTW, or are necessary for the proper handling of any flammable
waste, sand, or other harmful ingredients. Such traps shall not be
required for private living quarters or dwelling units. All such traps
shall be of a type and capacity acceptable to the Enforcement Officer
and Ephrata and shall be located as to be readily and easily accessible
for cleaning and inspection. In maintaining the fats, grease, oil
or sand traps the industrial user and the owner (if different persons)
shall be responsible for the proper removal and disposal by appropriate
means of the captured material and shall maintain records of the dates
and means of disposal which are subject to review by the Enforcement
Officer and Ephrata. Any removal and hauling of the collected materials
not performed by industrial user's and/or owner's personnel must be
performed by currently licensed waste disposal firms.
C.
Garbage grinders. The use of mechanical sarbage grinders producing a finely divided mass, properly flushed with an ample amount of water shall be discouraged but may be permitted. However, no such mechanical garbage grinder to serve premises used for nonresidential purposes shall be installed until permission for such installation is obtained from the Enforcement Officer. No garbage grinder shall be connected so as to discharge through a grease trap. Use of mechanical garbage grinders to serve commercial purposes may result in surcharges as described in § 152-49.
D.
Flow equalization. The Enforcement Officer shall have
the right to require industrial users having large variations in the
rate or strength of waste discharged to install suitable regulating
devices for equalizing flows and/or loads to the POTW.
E.
Hauled wastewater.
(1)
Septic tank waste may be introduced into a POTW only
at locations designated by the Enforcement Officer and Ephrata, and
at such times as are established by the Enforcement Officer and Ephrata.
Such waste shall not violate this article or any other requirement.
Septic tank waste haulers shall obtain waste discharge permits.
(2)
The Enforcement Officer shall require haulers of industrial
waste to obtain industrial waste discharge permits, and the Enforcement
Officer may require generators of hauled industrial waste to obtain
industrial waste discharge permits. The Enforcement Officer also may
prohibit the disposal of hauled industrial waste. The discharge of
hauled industrial waste is subject to all other requirements of this
article.
(3)
No load may be discharged without prior consent of
the Enforcement Officer. Industrial waste haulers may discharge loads
only at locations designated by the Enforcement Officer and Ephrata.
The Enforcement Officer may collect samples of each hauled load to
ensure compliance with applicable standards. The Enforcement Officer
may require the industrial waste hauler to provide a waste analysis
of any load prior to discharge.
(4)
Industrial waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
A.
General. All industrial users connected to and using
the POTW or proposing to connect to and use the POTW, including new
users and new sources (as defined herein) shall apply to the Enforcement
Officer and to Ephrata for an industrial waste discharge permit. Certain
industrial users will be required to obtain industrial waste discharge
permits. Certain small industrial users will be eligible for permit
exemptions, as specifically set forth herein.
B.
Permit application. All industrial users or proposed
industrial users shall complete and file with the Enforcement Officer
and Ephrata an application in the form prescribed and accompanied
by a permit application fee as may be established by Denver by resolution.
Existing industrial users shall apply for an industrial waste discharge
permit within 60 days after the effective date of this article. New
users shall apply at least 90 days prior to the anticipated date for
connecting to and/or using a collection system served by the facilities.
In support of the application, the user shall submit the following
information:
(1)
Name and address of industrial user and location of
discharge, and (if different) the name and address of the owner of
the improved property being served;
(2)
Wastewater characteristics and their relationship
to National Categorical Pretreatment Standards, and the local limits
established by regulation. Sampling and analysis for this information
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 applicable techniques for the pollutant in question, sampling and
analysis shall be performed in accordance with procedures approved
by EPA.
(3)
Standard Industrial Classification (SIC) codes of
wastewater characteristics;
(4)
Time and duration of industrial waste discharge;
(5)
Average daily and peak flow rates (including daily,
monthly and seasonal variations if appropriate);
(6)
Site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, sewer connections and appurtenances
by size, location and elevation;
(7)
Description of process producing industrial waste;
(8)
Description of product and approximate rate of production;
(9)
Description of raw materials processed;
(10)
Number of employees, hours of operation, and
projected hours of operation of pretreatment system (if applicable);
(11)
Additional information required by the Enforcement
Officer as necessary to evaluate the permit application.
C.
Application signatories and certification. All industrial
waste discharge permit applications and industrial user reports shall
be signed by an authorized representative of the industrial user and
shall 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 the possibility of fine and
imprisonment for knowing violations."
|
D.
Procedures. The procedure to be followed by the Enforcement
Officer in acting on industrial waste discharge permit applications
shall be as follows. Within 30 days of receipt of the application,
the Enforcement Officer shall notify the applicant in writing by First
Class mail to the address appearing on the application:
(1)
That the wastewater proposed to be discharged is acceptable
and a permit will be issued by the Enforcement Officer upon receipt
of a permit issuance fee as may be established by Denver by resolution;
or
(2)
That based upon the current facts as set forth in
the application and accompanying data the applicant is currently exempt
from permit and reporting eequirements; or
(3)
That the wastewater proposed to be discharged is unacceptable;
or
(4)
That the wastewater proposed to be discharged will
be acceptable and a permit will be issued by the Enforcement Officer,
provided certain action is taken and maintained by the applicant,
specifying the terms and conditions thereof and upon receipt of a
permit issuance fee as may be established by Denver by resolution;
or
(5)
That the Enforcement Officer requires further information,
studies or tests, specifying the requirements thereof, before it can
determine whether the proposed discharge is or is not acceptable.
E.
Permit classification and permit waivers.
(1)
Industrial users shall be classified for the purposes
of this article into one of three categories as follows: major industrial
user; minor industrial user and permit exempt industrial user.
(2)
Major industrial users are those industrial users
that meet any of the following conditions:
(a)
Are significant industrial users;
(b)
Discharges more than 25,000 gpd of industrial
wastewater;
(c)
Discharges more than 50 pounds per day of BOD;
(d)
Discharges more than 50 pounds per day of SS;
[Amended 8-9-1999 by Ord. No. 493]
(e)
Discharges more than 20 pounds per day of fats,
oil, or grease;
[Amended 8-9-1999 by Ord. No. 493]
(f)
Discharges more than three pounds per day of
total phosphorus (P); or
[Added 8-9-1999 by Ord. No. 493]
(g)
Discharges more than 10 pounds per day of ammonia
nitrogen.
[Added 8-9-1999 by Ord. No. 493]
(3)
Minor industrial users are those industrial users
that do not meet the criteria to be classified as either a "major
industrial user" or a "permit exempt industrial user."
(4)
Permit exempt industrial users are those industrial
users that meet all of the following criteria:
(a)
Discharges less than 2,500 gpd;
(b)
Discharges less than five pounds per day of
BOD;
(c)
Discharges less than five pounds per day of
SS;
[Amended 8-9-1999 by Ord. No. 493]
(d)
Discharges less than two pounds per day of fats,
oil, and/or grease;
[Amended 8-9-1999 by Ord. No. 493]
(e)
Discharges less than 0.3 pounds per day of total
phosphorus (P); and
[Added 8-9-1999 by Ord. No. 493]
(f)
Discharges less than one pound per day of ammonia
nitrogen.
[Added 8-9-1999 by Ord. No. 493]
(5)
The Enforcement Officer will determine the classification
of the industrial user based upon the information provided by the
industrial waste discharge permit application and any other information
available to the Enforcement Officer.
(6)
If the industrial user is determined by the Enforcement Officer to be a permit exempt industrial user, the industrial user shall be exempt only from the permit and annual or quarterly reporting requirements (§ 152-46), inspection manhole requirements (§ 152-47) and the surcharge payment requirements (§ 152-49) of this article. Permit exempt industrial users shall not be exempt from any other requirements.
(7)
If the industrial user is determined by the Enforcement Officer to be a minor industrial user, the industrial user shall be allowed to utilize the reduced reporting requirements specified in § 152-46B of this article.
(8)
If upon information received from the industrial users
and/or available to the Enforcement Officer based upon on-site inspection,
flow tests or wastewater sampling and testing, and/or available to
the Enforcement Officer from other reliable sources, the Enforcement
Officer determines that an industrial user's classification should
change then (in that event) the Enforcement Officer shall serve notice
upon the industrial user of the proposed change(s), at least 30 days
prior to the effective date of that change(s) and the industrial user,
thereafter, shall be required to comply with all requirements imposed
upon that revised classification of industrial user.
(9)
The flow and loading criteria set forth in this section
shall be based on peak day conditions as estimated or measured.
F.
Permit conditions. Industrial waste discharge permits
shall be issued subject to all provisions of this article and all
other applicable requirements, user charges and surcharges (if applicable)
and fees established by Denver. Permits shall include any or all of
the following:
(1)
A statement that indicates industrial waste discharge
permit duration, which in no event shall exceed five years;
(2)
A statement that the waste discharge permit is nontransferable without prior notification to the Enforcement Officer and Ephrata in accordance with Subsection H of this section, and provisions for furnishing the new owner or operator with a copy of the existing waste discharge permit;
(3)
The unit charge or schedule of user charges and/or
surcharges for the wastewater to be discharged to the POTW;
(4)
Limits on the average and maximum wastewater characteristics;
(5)
Limits on average and maximum rates and time of discharge
or requirements for flow regulation and equalization;
(6)
Requirements for installation and maintenance of inspection
and sampling facilities;
(7)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(8)
Compliance schedules;
(9)
Requirements for submission of discharge reports;
(10)
Requirements for maintaining operating records
relating to wastewater discharge and affording the Enforcement Officer
and Ephrata access thereto;
(11)
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;
(12)
Requirements for the development and implementation
of spill/slug control plans or other special conditions, including
management practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges.
[Amended 12-10-2007 by Ord. No. 575]
(13)
Requirements for the development and implementation
of waste minimization plans to reduce the amount of pollutants discharged
to the POTW;
(14)
A statement that compliance with the waste discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the waste discharge
permit; and
(15)
Other conditions as deemed appropriate by the
Enforcement Officer for individual permittees to ensure compliance
with requirements.
(16)
A statement that the conditions of the permit
incorporate this article, as amended from time to time, and a copy
of this article, as of the date of the permit issuance shall be delivered
with the permit, but the lack of delivery or receipt of this article
shall not be considered a defect in the permit.
(17)
Requirements for the development and implementation
of best management practices necessary to ensure compliance with applicable
requirements.
[Added 12-10-2007 by Ord. No. 575]
G.
Permit duration. An industrial waste discharge permit
shall be issued for a specified time period, not to exceed five years,
or it may be issued to expire on a specific date. The industrial user
shall apply in writing for permit reissuance a minimum of 180 days
prior to the expiration of an existing permit. The terms and conditions
of the permit shall be subject to modification by the Enforcement
Officer during the term of the permit as limitations or requirements
are modified or other just cause exists. The Enforcement Officer shall
serve notice on the industrial user of that proposed change(s) at
least 30 days prior to the effective date of that change(s). Any changes
or new conditions in the permit shall include a reasonable time schedule
for compliance.
H.
Permit transfer. Industrial waste discharge permits
are issued to a specific user for a specific operation. A permit may
not be reassigned, transferred or sold to a new owner, new user, different
premises or a new or changed operation, such as a new user, without
the previous written approval of the Enforcement Officer. Any application
for a permit transfer must include a written certification that the
new user (or new owner, as applicable):
I.
Waste characteristic change. Any user or owner who
is discharging industrial waste into the POTW and who contemplates
a change in the method of operation or in the pretreatment facilities
which will alter the type of industrial waste then being discharged
into the POTW shall apply for a new industrial waste discharge permit
at least 30 days prior to such change. The revised industrial waste
discharge permit will be subject to a permit modification issuance
fee as may be established by Denver by resolution. Approval or disapproval
of a modified permit shall be regulated by the procedures established
hereunder for the issuance of an original permit.
J.
Separation of wastes. Where the user can prove to the satisfaction of the Enforcement Officer that there is a complete separation of sanitary wastewaters from industrial wastes within an industrial establishment, with only the sanitary wastewater discharged to the POTW and submits a written certification thereof pursuant to § 152-45 herein, no industrial waste discharge permit will be required.
K.
Public notification. The Enforcement Officer, at the
expense of the applicant for an industrial waste discharge permit,
shall publish a notice of intent to issue any initial or major modifications
to an industrial waste discharge permit in a newspaper of general
circulation at least 14 days prior to issuance. The notice shall indicate
a location where the application for the permit may be reviewed and
an address where written comments may be submitted.
L.
Permit appeals. Upon receipt by the Enforcement Officer
of written request from an interested party, the Enforcement Officer
will provide the interested party with written notice of a final permit
decision by first-class mail to the address provided by that party.
Any person so notified, including the permittee, may appeal the terms
of the industrial waste discharge permit, in writing, to the Enforcement
Officer within 30 days of the date of notice of its issuance, subject
to the following:
(1)
No appeal shall be considered complete unless accompanied
by the appeal fee established by ordinance or resolution of Denver.
(2)
Failure to submit a timely appeal shall be deemed
to be a complete waiver of all rights which could have been included
in the appeal.
(3)
The effectiveness of the industrial waste discharge
permit shall not be stayed pending final decision on the appeal.
(4)
The appeal must be in writing and the person so appealing
must state the grounds for his appeal. If the appellant is the permittee,
the permittee shall indicate the provisions of the permit to which
objection is made, the reasons for the objection, and the alternative
conditions, if any, permittee seeks to be placed in the permit.
(5)
If the appellant desires a hearing on the appeal,
the appellant must request a hearing in their appeal notice. Any hearing
will be conducted in accordance with the provisions of Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
(6)
The Enforcement Officer shall issue a written decision
granting or denying the appeal, as appropriate. If, after reviewing
the appeal and any evidence which may be presented, the Enforcement
Officer determines that the appeal should be granted, the Enforcement
Officer shall reissue the permit, as modified, or revoke the permit
if the appeal requested revocation. Appeals from all final determinations
of the Enforcement Officer shall be made to Lancaster County Court
of Common Pleas in accordance with the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 751 et seq.
M.
Industrial waste discharge permit modifications by
the Enforcement Officer. The Enforcement Officer may modify an industrial
waste discharge permit for good cause, including, but not limited
to, the following reasons:
(1)
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
(2)
To address significant alterations or additions to
the industrial user's operation, processes, or wastewater volume or
character since the time of waste discharge permit issuance;
(3)
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge
poses a threat to POTW, personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the industrial
waste discharge permit or these regulations;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the industrial waste discharge permit application
or in any required reporting;
(7)
Revision of, or a grant, of variance from Categorical
Pretreatment Standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the industrial
waste discharge permit; or
N.
Industrial waste discharge permit revocation. The
Enforcement Officer may revoke an industrial waste discharge permit
for good cause, including, but not limited to, the following reasons:
(1)
Failure to notify the Enforcement Officer of significant
changes to the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the Enforcement Officer of changed conditions pursuant to § 152-55 hereof;
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the industrial waste discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Enforcement Officer timely access
to the facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges and costs;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the
industrial waste discharge permit application;
(12)
Failure to provide a completed application for a permit transfer in accordance with § 152-45 hereof for a new user or owner; or
(13)
Violation of any pretreatment standard or requirement,
or any terms of the industrial waste discharge permit or this article.
O.
Industrial waste discharge permits shall be voidable
upon cessation of operations or transfer of business ownership. All
industrial waste discharge permits issued to a particular user are
void upon the issuance of a new industrial waste discharge permit
to that industrial user.
A.
Each major industrial user permittee shall submit
an Industrial Waste Contribution Report to the Enforcement Officer
10 days prior to the first day of March, June, September and December.
B.
Each minor industrial user permittee shall submit
an Industrial Waste Contribution Report only once per year, prior
to the anniversary date of its permit. The Enforcement Officer may
require more than one report per year as a permit condition.
C.
The Industrial Waste Contribution Report shall be
on a form provided by the Enforcement Officer and shall indicate the
nature and concentration of pollutants in the industrial waste effluent.
The waste characteristics shall be based on the results of analysis
of the waste performed by a qualified laboratory acceptable to the
Enforcement Officer. Upon specific approval of the Enforcement Officer
the permittee may elect to employ laboratories owned by the industrial
user or owner for the analysis of certain parameters being monitored.
At least once per year, a split sample shall be analyzed for all parameters
being monitored in-house by both the in-house laboratory and a qualified
independent laboratory. The results of both laboratories shall then
be submitted to the Enforcement Officer for review. The Enforcement
Officer may deny and/or withdraw the approval for the use of laboratories
owned by the industrial user or owner at any time. This report shall
also include the average daily flow for the reporting period.
D.
At the discretion of the Enforcement Officer and in
consideration of such factors as production schedules, budget cycles,
etc., the Enforcement Officer may agree to alter the months during
which the above reports are to be submitted.
A.
All major industrial users and minor industrial users
shall install at their expense a suitable control manhole (together
with meters if required by the Enforcement Officer as a condition
of the permit) and other appurtenances in the private connecting sewer
lateral to provide for inspection, sampling and measurement of the
waste. The control manhole should normally be situated on the user's
premises, but the Enforcement Officer may, when such a location would
be impractical or cause undue hardship on the user, allow the control
manhole 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 the control manhole
to allow accurate sampling and preparation of samples for analysis.
The control manhole, sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user. Construction of the control manhole shall be completed
within 90 days following the date of written notice by the Enforcement
Officer.
B.
In the event that no control manhole has been constructed,
the control manhole shall be considered to be the nearest downstream
manhole in the POTW to the point at which the building sewer is connected.
C.
Users discharging industrial waste to the POTW shall
provide the Enforcement Officer the opportunity of access at any time,
upon reasonable notice, to any improved property served by the POTW
as shall be required for purposes of inspection, measurement, sampling,
testing and records examination to ascertain whether the purpose of
this article is being met and all requirements are being complied
with, and for performance of other functions relating to service rendered
by the Enforcement Officer. The Enforcement Officer shall have the
right to set up on the industrial user's property such devices as
are necessary to conduct sampling inspection, compliance monitoring
and/or metering operations.
D.
All measurements, samplings, tests, and analysis of
the characteristics of waters and wastes to which reference is made
in this article shall be performed in accordance with the 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 analysis must be performed in accordance with procedures approved
by EPA.
E.
Twenty-four-hour composite wastewater samples shall be considered the standard for all sampling performed in accordance with this article, except where grab samples are required in § 152-60 hereof. Other appropriate sampling procedures may be acceptable at the discretion of the Enforcement Officer, if previously approved and included as part of the permit conditions.
F.
The costs of all measurement, sampling, testing, inspection and other monitoring activities incurred by the Enforcement Officer while enforcing the provisions of this article shall be the sole responsibility of and paid by the applicable industrial user. Such costs shall be additional user charges and shall be charged directly to the industrial user using the same procedures for billing and collection as used for the billing and collection of surcharges, as described in § 152-49 hereof.
A.
Denver may adopt by resolution from time to time charges
and fees which may include, but are not limited to, the following:
(1)
Fees for reimbursement of costs of setting up and
operating Denver's pretreatment program, including, but not limited
to, legal and engineering costs;
(2)
Fees for industrial waste discharge permit application;
(3)
Fees for monitoring, inspections and surveillance
procedures; including the cost of collecting and analyzing an industrial
user's discharge and reviewing monitoring reports submitted by industrial
users;
(4)
Fees for filing appeals;
(5)
Fees for consistent removal by Ephrata of pollutants
otherwise subject to Federal Categorical Pretreatment Standards; and
(6)
Other fees as Denver may deem necessary to carry out
the requirements of this article.
B.
These fees relate solely to matters covered by this
article and are separate from other fees, fines and penalties chargeable
by Denver or Ephrata.
A.
Certain portions of the facilities have been designed
to accommodate treatment of wastewater BOD, suspended solids, phosphorus
and ammonia nitrogen. Certain costs of operations of the facilities
are incurred by Denver and/or Ephrata for the removal of BOD, suspended
solids, phosphorus and ammonia nitrogen from the wastewater flows.
If all users discharged wastewater with similar concentration of BOD,
suspended solids, phosphorus and ammonia nitrogen, then the imposition
of user rates on the flow basis would be fair and equitable. Certain
users of the facilities, however, discharge wastewater with concentrations
of BOD, suspended solids, phosphorus and ammonia nitrogen that are
significantly greater than average concentrations of these pollution
parameters. Since Denver and/or Ephrata have provided certain equipment
and expend certain operating costs that are provided to accommodate
the treatment of BOD, suspended solids, phosphorus and ammonia nitrogen,
it has been determined that those costs of equipment and operation
should be allocated onto the users on a pro rata basis for those users
that discharge their waste with concentrations of BOD, suspended solids,
phosphorus and ammonia nitrogen that exceed the average waste load
concentrations. This allocation is hereby imposed by surcharges as
described by this article. Because of the high cost of analyzing BOD,
suspended solids, phosphorus and ammonia nitrogen concentrations these
surcharges will only be imposed upon users that generate large wastewater
flows. These surcharges are imposed only on major and minor industrial
users. (Discharges generated by major industrial users and minor industrial
users containing concentrations of BOD and/or suspended solids in
excess of 250 mg/l shall be subject to a surcharge factor. Discharges
generated by major industrial users and minor industrial users containing
concentrations of phosphorus in excess of 15 mg/l and/or ammonia nitrogen
concentrations in excess of 50 mg/l shall be subject to a surcharge
factor.) This surcharge factor shall be applied to the standard user
fee.
[Amended 8-9-1999 by Ord. No. 493]
B.
For the purposes of this section, the term "standard
user fee" shall be that fee that Denver pays to Ephrata for the pro
rata cost of operation and the pro rata payment of total annual capital
cost as established in accordance with the procedures described in
Sections 6.01 and 6.02 of the Sewer Service Agreement.
C.
The major industrial user and minor industrial user shall be charged their regular customer charge for wastewater directly by Denver. This charge shall be paid to Denver in accordance with Chapter 152 of the Denver Code.
D.
The surcharges imposed by this article are separate charges that will be charged directly by Ephrata on the major industrial user and minor industrial user and this separate charge will be payable directly to Ephrata. The surcharge factors shall be imposed on the standard user fees as described above in Subsection B herein, and not on the regular customer charges described in Subsection C herein.
E.
The surcharge factors shall be imposed on the standard user fees as described above in Subsection B herein, and not on any base minimum quarterly charge.
F.
The surcharge factors shall be imposed on standard
user fees calculated on existing industrial user flows and not projected
or future flows and, and therefore, no surcharge shall be imposed
upon any user reservation fee or tapping fee that may be required
by other Regulations.
G.
Surcharge factors shall be computed on the basis of
the measured or estimated concentration of pollutants for data as
may be available to Ephrata. The basis for the calculation of these
factors shall be average daily loading concentrations based upon thirty-day
averages. If the data is available based upon an analysis of daily
testing of twenty-four-hour composite wastewater samples, that data
will be used to compute the surcharge factor. If less detailed data
is available, Ephrata shall use its discretion to select the loading
concentration based upon the best available information. This concentration
data may, therefore, only be based upon an analysis of periodic grab
samples. If the industrial user objects to the loading concentration
used for the calculation of these factors the industrial user can
provide Ephrata with more complete test data.
H.
The establishment of concentration loads for billing
purposes shall be made no more frequently than annually, unless otherwise
established for major industrial users, as quarterly as a condition
of the industrial waste discharge permit. That is, Ephrata shall establish
the surcharge factor annually (except as noted) and bill for the following
year using that factor.
I.
Surcharge factor. For the major industrial user and/or
minor industrial user whose discharge has a total BOD concentrations
in excess of 250 mg/l, and/or suspended solids concentrations in excess
of 250 mg/l, and/or phosphorous concentrations in excess of 15 mg/l,
and/or ammonia nitrogen concentrations in excess of 50 mg/l, a surcharge
factor will be applied to the standard user fee to arrive at the industrial
surcharge bill. This surcharge is imposed upon major industrial users
and minor industrial users to allow the pro rata normal costs incurred
by the Borough to provide the facilities and facility operation and
maintenance for removal of BOD, suspended solids, phosphorus and ammonia
nitrogen when discharged into the POTW in a concentration higher than
the concentration of those components in sanitary wastewater. The
surcharge factor will be established by resolution of Ephrata and/or
Denver.
[Amended 8-9-1999 by Ord. No. 493]
Any and all charges, costs, fees, surcharges,
expenses, etc., shall in addition to other methods provided in this
article or in other requirements be due and collectible by Denver
in the same manner as sewer charges are due and collectible by Denver.
A.
Within either 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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Enforcement Officer 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 categorical industrial users subsequent to the promulgation of an applicable Categorical Standard, shall submit to the Enforcement Officer a report which contains the information listed in Subsection 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.
B.
Industrial users described above shall submit the
information set forth below.
(1)
Identifying information. The name and address of the
facility, including the name of the operator and owner.
(2)
Environmental permits. A list of any environmental
control permits held by or for the facility.
(3)
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 industrial user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(4)
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).
(5)
Measurement of pollutants.
(a)
The Categorical Pretreatment Standards applicable
to each regulated process.
(b)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Enforcement Officer, 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 § 152-60 hereof.
(d)
In cases where the standard requires compliance
with a best management practice or pollution prevention alternative,
the user shall submit documentation as required by the Enforcement
Officer or Ephrata or the applicable standards to determine compliance
with the standard.
[Added 12-10-2007 by Ord. No. 575]
(6)
Certification. A statement, reviewed by the authorized
representative of the industrial user 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.
(7)
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 shall meet the requirements set out in § 152-52 hereof.
The following conditions shall apply to the compliance schedule required by § 152-51B(7) hereof:
A.
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 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);
B.
No increment referred to above shall exceed nine months;
C.
The industrial user shall submit a progress report
to the Enforcement Officer 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; and
D.
In no event shall more than nine months elapse between
such progress reports to the Enforcement Officer.
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 Enforcement Officer a report containing the information described in § 152-51B of this article. 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 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 § 152-45C hereof.
A.
All major industrial users shall cause to be submitted to the Enforcement Officer original monitoring results from an independent laboratory at a frequency determined by the Enforcement Officer but in no case less than four times per year (by March, June, September and December). The monitoring results shall indicate the nature and concentration of pollutants in the discharge which are limited by pretreatment standards. The independent laboratory shall be of the user's choice and approved by the Enforcement Officer and will conduct all sampling without prior notice to the user. Measured or estimated average and, if required, maximum daily flows for the reporting period shall be obtained from the municipality and caused to be submitted to the Enforcement Officer quarterly. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Enforcement Officer or the applicable standards to determine compliance with the standard at least quarterly. All periodic compliance reports must be signed and certified in accordance with § 152-45C hereof.
[Amended 12-10-2007 by Ord. No. 575]
B.
All wastewater samples must be representative of the
industrial user's discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean, and maintained
in good working order at all times. Wastewater meters shall be calibrated
at least annually, water meters shall be calibrated at least once
every 10 years. The failure of an industrial user to keep its monitoring
facility(ies) in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge.
[Amended 12-10-2007 by Ord. No. 575]
Each user must notify the Enforcement Officer
and Ephrata of any planned changes to the user's operations or system
which might affect the potential for a slug discharge or has the potential
to alter the nature, quality or volume of its wastewater at least
30 days before the change.
A.
The Enforcement Officer may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an industrial waste discharge permit application under § 152-45B hereof.
C.
For purposes of this requirement, the term "changes"
include, but are not limited to, flow increases of 20% or greater
and the discharge of any previously unreported pollutants.
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 that may cause potential
problems for the POTW, a user shall immediately telephone and notify
the Enforcement Officer and Ephrata 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.
B.
Within five days following such discharge, the user
shall, unless waived by the Enforcement Officer, 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 article.
C.
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 Subsection A. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
All industrial users not required to obtain
an industrial waste discharge permit shall provide appropriate reports
to the Enforcement Officer as the Enforcement Officer may require.
If sampling performed by an industrial user
indicates a violation, the industrial user must notify by telephone
the Enforcement Officer and Ephrata within 24 hours of becoming aware
of the violation and shall provide written notice within five days.
The industrial user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Enforcement Officer
within 30 days after becoming aware of the violation. The industrial
user is not required to resample if the Enforcement Officer monitors
at the industrial user's facility at least once a month, or if the
Enforcement Officer samples between the industrial user's initial
sampling and when the industrial user receives the results of this
sampling.
All pollutant analyses, including sampling techniques,
to be submitted as part of an industrial waste discharge permit application
or report shall be performed in accordance with the 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 EPA.
A.
Except as indicated in Subsection B below, the industrial user must collect wastewater samples using flow-proportional twenty-four-hour composite wastewater sample collection techniques. The Enforcement Officer may authorize the use of time-proportional sampling or a grab sample where the industrial user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
[Amended 12-10-2007 by Ord. No. 575]
B.
Samples for fats, oil and grease, temperature, pH,
cyanide, phenols, sulfides, and volatile organic compounds must be
obtained using grab sample collection techniques.
Unless otherwise indicated, written reports
shall 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 United States Postal Service, the date of actual receipt
of the report shall govern.
[Amended 12-10-2007 by Ord. No. 575]
Industrial users subject to the reporting requirements
of this article shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
activities or BMPs required by this article and any additional records
of information obtained pursuant to monitoring activities or BMPs
undertaken by the industrial user independent of such requirements.
Records shall include the date, exact place, method and time of sampling
and the name of the person(s) taking the samples; the dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses. Also records necessary
to demonstrate compliance with applicable BMPs must be kept. This
may include records of pH or flow meter calibration. These records
shall remain available for a period of at least three years. This
period shall be automatically extended for the duration of any litigation
concerning the user or Denver or Ephrata, or where the user has been
specifically notified of a longer retention period by the Enforcement
Officer or Ephrata.
Inspection and sampling. The Enforcement Officer
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements and any industrial
waste discharge permit or order issued hereunder. Users shall allow
the Enforcement Officer 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 a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
Enforcement Officer will be permitted to enter without delay for the
purposes of performing specific responsibilities.
B.
The Enforcement Officer shall have the right to set
up on the user's property, or require installation of, such devices
as are necessary to conduct sampling and/or metering of the user's
operations.
C.
The Enforcement Officer may require the 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 user at its own expense.
D.
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 or verbal request of the
Enforcement Officer and shall not be replaced. The costs of clearing
such access shall be borne by the user.
E.
Unreasonable delays in allowing the Enforcement Officer
access to the user's premises shall be a violation of this article.
If the Enforcement Officer has been refused
access to a building, structure, or property, or any part thereof,
and is able to demonstrate probable cause to believe that there may
be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the Enforcement Officer designed to verify compliance with requirements,
this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Enforcement Officer may seek issuance of a search warrant from
the Court of Common Pleas of Lancaster County.
Information and data on a user obtained from
reports, surveys, industrial waste discharge permit applications,
industrial waste discharge permits, and monitoring programs, and from
the Enforcement Officer'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 Enforcement
Officer, 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
in writing at the time of submission of the information or data. 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 data" as defined by 40 CFR
2.302 will not be recognized as confidential information and will
be available to the public without restriction.
[Amended 12-10-2007 by Ord. No. 575]
The Enforcement Officer shall publish annually,
in a newspaper of general circulation published in Lancaster County,
a list of the users which, during the previous 12 months, were in
significant noncompliance (SNC) with applicable industrial waste pretreatment
standards and/or requirements.
A.
Notification of violation. When the Enforcement Officer finds that a user has violated, or continues to violate, any provision of this article, an industrial waste discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Enforcement Officer may serve upon that user a written notice of violation pursuant to § 152-69 hereof. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted in writing by the user to the Enforcement Officer. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Enforcement Officer to take any other action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B.
Consent orders. The Enforcement Officer may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections D and E hereof and shall be judicially enforceable. Issuance of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the user.
C.
Show cause hearing.
(1)
The Enforcement Officer may order a user which has violated, or continues to violate, any provision of this article, an Industrial waste discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Hearing Board as set forth in Subsection C(2) of this section and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(2)
The Hearing Board shall conduct the hearing and is
authorized to act as follows:
(a)
To issue notices of hearings requesting the
attendance and testimony of witnesses and production of evidence relevant
to any matter involved in such hearings.
(b)
At any hearing pursuant to this section, testimony
shall be under oath and recorded stenographically. The transcript
so recorded will be made available to any member of the public or
any party to the hearing upon payment of the usual charges therefor.
[Amended 12-10-2007 by Ord. No. 575]
(c)
To transmit a report of the evidence and hearing,
including transcripts and other evidence together with recommendations
to the Enforcement Officer for action thereon.
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At any hearing pursuant to this section, testimony
shall be under oath and recorded stenographically. The transcript
so recorded will be made available to any member of the public or
any party to the hearing upon payment of the usual charges therefore.
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After the Hearing Board has reviewed the evidence,
it may issue an order to the user responsible for the violation, directing
that following a specific time period, the sewer service shall be
discontinued unless adequate treatment facilities, devices or other
related appurtenances have been installed and existing treatment facilities,
devices or other related appurtenances are properly operated. Further
orders and directives deemed necessary and appropriate may be issued
by the Hearing Board, including the assessment of cost associated
with the hearing.
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(3)
The Hearing Board shall be appointed by the Intermunicipal
Group in accordance with the terms of the Sewer Service Agreement.
One member of the Board shall be a member of the staff of Ephrata,
one member shall be a professional engineer skilled in practice of
sanitary engineering; one member shall be a representative of industry
or manufacturing enterprise; one member shall be a lawyer; and one
member shall be selected at large for his or her interest in accomplishing
the objectives of these regulations.
(4)
Terms on the Hearing Board shall be for a period of
five years. The Intermunicipal Group shall appoint representatives
to fill vacancies on the Hearing Board to complete unexpired terms.
Interim appointments may be permitted to serve an additional full
term on the Hearing Board.
D.
Compliance orders. When the Enforcement Officer finds
that a user has violated, or continues to violate, any provision of
this article, an Industrial waste discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the
Enforcement Officer may issue an order to the user responsible for
the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided by installing and properly operating adequate treatment
facilities, devices, or other related appurtenances, sewer service
may be discontinued. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the POTW. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the User of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
E.
Cease and desist orders.
(1)
When the Enforcement Officer finds that a user has
violated, or continues to violate, any provision of this article,
an industrial waste discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Enforcement Officer may issue
an order to the user directing it to cease and desist all such violations
and directing the user to:
(2)
Issuance of a cease and desist order shall not be
a bar against, or a prerequisite for, taking any other action against
the user.
F.
Administrative fines.
(1)
Notwithstanding any other provision in these regulations,
when any user has violated or continues to violate any provision of
these regulations, the industrial waste discharge permit, any order
issued hereunder or any other pretreatment standard or requirement,
said user shall be assessed an amount not to exceed $2,500 for each
violation. Each day on which a violation shall occur or continue shall
be deemed a separate and distinct offense.
(2)
In addition to the penalties provided herein, the
Enforcement Officer may recover reasonable attorney's fees, court
costs, court reporter's fees and other expenses of litigation by appropriate
suit at law against the person found to have violated these Regulations
or the orders, rules, regulations and permits issued hereunder. Unpaid
charges, fines and penalties shall constitute a lien against an individual
user's property.
(3)
Users desiring to appeal such fines must file a written appeal along with payment in full of the fine assessed within 10 days of being notified of the fine. The Enforcement Officer shall convene a hearing on the matter within 15 days of receiving the appeal and payment, in full, of the fine assessed from the user. Appeals under this provision shall be conducted in the same manner as set forth in Subsection C(2) hereof.
(4)
The Enforcement Officer may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
(5)
Issuance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any other action against
the user.
G.
Emergency suspensions.
(1)
The Enforcement Officer may immediately suspend a
user's discharge, after attempted telephone call to the user, whenever
such suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Enforcement
Officer may also immediately suspend a user's discharge, after notice
by telephone and opportunity to respond, that threatens to interfere
with the operation of the POTW, or which presents, or may present,
an endangerment to the environment, and/or cause or may cause a violation
of the NPDES Permit of the POTW.
(a)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Enforcement Officer may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Enforcement Officer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Enforcement Officer that the period of endangerment has passed, unless the termination proceedings in Subsection H hereof are initiated against the user.
(b)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Enforcement Officer prior to the date of any show cause or termination hearing under Subsection C or Subsection H hereof.
(2)
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
H.
Termination of discharge.
(1)
In addition to other provisions of this article, any
user who violates the following conditions is subject to discharge
termination:
(a)
Violation of the industrial waste discharge
permit conditions;
(b)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(c)
Failure to report significant changes in operations
or wastewater volume, constituents, and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling;
(e)
Violation of the required pretreatment standards;
or
(f)
Failure to pay surcharges, or user charges,
or applicable costs, penalties or fines.
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection C hereof why the proposed action should not be taken. Exercise of this option by the Enforcement Officer shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
Injunctive relief. When a user has violated, or continues
to violate, any provision of this article, an industrial waste discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the Enforcement Officer may petition the Court of
Common Pleas of Lancaster County for the issuance of a preliminary
or permanent injunction, or both, as appropriate, which restrains
or compels the specific performance of the industrial waste discharge
permit, order, or other requirements imposed on activities of the
user. The Enforcement Officer may also seek such other action as is
appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
B.
Civil penalties.
(1)
In addition to proceeding under any other remedy available
at law or equity for violation of this article, the industrial waste
discharge permit, any order issued hereunder or any other pretreatment
standard or requirement, the Enforcement Officer may assess civil
penalties against any user who has violated or continues to violate
any of the provisions of this article, the industrial waste discharge
permit, any order issued hereunder or any other pretreatment standard
or requirement. Civil penalties may be assessed whether or not the
violation was willful or negligent.
(2)
Any user who has violated or continues to violate
any of the provisions of this article, the industrial waste discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement shall be liable to the Enforcement Officer for a civil
penalty not to exceed $25,000, plus actual damages incurred by the
POTW per violation, per day as the violation continues. Each violation
for each separate day shall constitute a separate and distinct offense
under this section.
(3)
In addition to the above-described penalty and damages,
the Enforcement Officer may recover reasonable attorneys fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses.
(4)
The Enforcement Officer shall petition the court to
impose, assess and recover all such sums.
(5)
In determining the amount of civil liability, the
Court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the
compliance history of the user, and any other factor as justice requires.
(6)
Filing a suit for civil penalties shall not be a bar
against nor a prerequisite for taking any other action against a user.
C.
Criminal prosecution.
(1)
A user who willfully or negligently violates any provision
of this article, an industrial waste discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall,
upon conviction, thereof, be punished by a fine of not more than $1,000
per violation, per day, or imprisonment for not more than 30 days,
or both.
(2)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article, an industrial waste discharge permit, or order issued hereunder,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this article shall, upon
conviction, be punished by a fine of not more than $1,000 per violation,
per day, or imprisonment for not more than 30 days, or both.
D.
Remedies nonexclusive. The remedies provided for in
this article are not exclusive. The Enforcement Officer may take any,
all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance
with the Enforcement Officer's and Ephrata's enforcement response
plan. The Enforcement Officer may take other action against any User
when the circumstances warrant, and the Enforcement Officer is empowered
to take more than one enforcement action against any noncompliant
user.
A.
Whenever the terms of this article provide for any
action to be taken, including notice and the service of documentation
with respect to enforcement of the terms of this article, including
termination of discharge, said notices and opportunities to respond
shall be provided in addition to the user, to the owner of the improved
property served by the POTW, if the owner is different than the user.
B.
Every notice, request, requisition, order, demand, application, statement, report, certification, consent, or similar action hereunder shall, unless the form thereof is specifically provided, be in writing signed by the user or the authorized representative of the user making, sending, issuing or publishing the item pursuant to § 152-45C hereof, or in the case of Ephrata, signed by the Manager or his duly authorized representative, and served by personal service or registered or certified mail (return receipt required), unless otherwise specifically indicated. Service upon any authorized representatives of user as defined herein shall constitute service upon the user.
The owner of each improved property connected
to the wastewater system shall be responsible for all acts of tenants
or other occupants of such improved property insofar as such acts
shall be governed by provisions of this article and requirements.
The failure of Denver to insist upon strict
performance of these Regulations or any of the terms or conditions
thereof shall not be construed as a waiver of any of its rights hereunder.
Denver reserves the right to enact, from time
to time, such additional regulations it shall deem necessary and proper
in connection with use and operation of the facilities, which regulations
shall become and shall be construed as part of this article.
