[Adopted 4-18-1994 by Ord. No. 743]
A. 
The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the Perkasie Regional Authority (PRA) wastewater collection system that will interfere with its operation, contaminate the biosolids generated at the PWTA wastewater treatment plant or will otherwise be incompatible with the system.
(2) 
To prevent the introduction of pollutants into the PRA's wastewater collection system that will be inadequately treated and thus will pass through the system into the receiving waters or the atmosphere.
(3) 
To protect the environment, the general public, PRA and PWTA personnel against the hazards associated with discharges of toxic or otherwise incompatible pollutants into the sewer system.
(4) 
To improve the opportunity to recycle and reclaim industrial wastewaters and biosolids from the wastewater treatment system.
(5) 
To provide for equitable distribution of the cost for the development and implementation of the PWTA's industrial pretreatment program and other improvements to the wastewater collection system.
(6) 
To help assure the PWTA's compliance with its National Pollutant Discharge Elimination System (NPDES) permit, biosolids use and disposal requirements, the Clean Water Act, the General Pretreatment Regulations and any other state or federal laws with which the PRA or PWTA must comply.
B. 
The provisions of this article will be implemented and enforced by the Borough of Perkasie through the PRA and the PWTA Manager through issuance of wastewater contribution permits to those industrial/commercial users meeting the EPA's definition of a significant industrial user (SIU); through monitoring, reporting and enforcement of the Article with these significant industrial users and all other users. This article also assumes that the capacity of the sewer system allocated to existing customers will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from development and implementation of the program established herein.
C. 
Except as otherwise provided herein, the provisions of this article shall be administered, implemented and enforced by the PWTA Manager and will be coordinated through the PRA.
A. 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The United States Environmental Protection Agency (EPA).
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER
[Amended 3-19-2012 by Ord. No. 956]
(1) 
A principal executive officer of at least the level of vice president, if the user is a corporation;
(2) 
A general partner or proprietor, if the user is a partnership or proprietorship, respectively;
(3) 
A director or highest official appointed or designated to oversee operations and performance, if the user is a federal, state or local governmental facility;
(4) 
The manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations; and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
(5) 
A duly authorized representative of the individual identified in Subsections (1) through (4) above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates and a written request for designation of an alternate representative is approved by the PWTA.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 147-43 of this article. 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 3-19-2012 by Ord. No. 956]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen consumed in the biochemical oxidation of organic matter under the standard five-day laboratory procedure, at 20º C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limitations promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act and appearing in 40 CFR Chapter I, Subchapter N, Parts 401-471.
COMPATIBLE POLLUTANT
A pollutant for which the PWTA wastewater treatment plant was specifically designed to treat and remove such as biochemical oxygen demand (BOD5), total suspended solids (TSS), ammonia nitrogen (NH3-N), total phosphorus (P) and to a lesser degree oil and grease.
CONTROL AUTHORITY
Refers to the PWTA Wastewater Treatment Plant Manager, since the PWTA has an approved pretreatment program under the provisions of 40 CFR 403.11.
DEP
The Pennsylvania Department of Environmental Protection, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
ENFORCEMENT RESPONSE PLAN (ERP)
A plan developed by the PRA which details the responses that will be taken by the PWTA for various violations of these rules and regulations, a categorical pretreatment standard or any other pretreatment requirement. The ERP is a supplement to this article and is available through the PRA or PWTA Manager.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Water Management Division Director or other duly authorized official of said agency.
EQUIVALENT DWELLING UNIT (EDU)
Any source of wastewater into the PRA's sewer system which has the following typical wastewater characteristics:
Type
Amount
Flow
275 gpd
Ammonia nitrogen, as N (NH3-N)
25 mg/l
Biochemical oxygen demand (BOD5)
250 mg/l
Phosphorous, as P
10 mg/l
Total suspended solids (TSS)
250 mg/l
Total Kjeldahl nitrogen (TKN)
40 mg/l
EXISTING SOURCE
Any source of discharge to the Perkasie Regional Authority ("PRA") wastewater collection system, the construction or operation of which commenced prior to the publication by EPA of proposed categorical standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
[Amended 3-19-2012 by Ord. No. 956]
GRAB SAMPLE
A sample that is taken from a waste stream on a one-time basis over a period of time not to exceed 15 minutes, with no regard to the flow in the waste stream. To fulfill the EPA's General Pretreatment Regulations, all grab samples taken pursuant to this article shall consist of a minimum of four samples taken individually and flow composited in the laboratory or analyzed separately and averaged.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants into the collection system, including holding tank waste discharged into the system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and (d) of the Act.
INDUSTRIAL USER
Any nondomestic source of indirect discharge to the PRA's sewer system.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the wastewater collection system treatment processes, operations or its biosolids processes, use or disposal and, therefore, is a cause of a violation of any requirement of the PWTA NPDES permit. The term includes prevention of biosolids use, processing and disposal by the receiving treatment facility in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including those contained in any state biosolids management plan prepared pursuant to Title IV of SWDA and applicable to the method of disposal or use employed by the receiving treatment facility.
MANAGER
The person designated by the PWTA to supervise the operation of the treatment system and who is charged with certain duties and responsibilities by this article or his duly authorized representative.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (or NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NEW SOURCE
Any building, structure, facility, or installation from which there is or may be a discharge of pollutants to the PRA wastewater collection system, 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:
[Amended 3-19-2012 by Ord. No. 956]
(1) 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(2) 
The building, structure, facility or installation totally replaced the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) 
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 integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
NONCONTACT COOLING WATER
Water used for cooling purposes which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
PASS-THROUGH
A discharge that exits the PWTA treatment plant into waters of the United States 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 the PWTA NPDES permit (including an increase in the magnitude or duration of a violation).
pH
A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, biosolids, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into the PRA's sewer system.
PRA
The Perkasie Regional Authority[1] which owns and operates the wastewater collection system which this article governs.
PRETREATMENT or TREATMENT
The reduction of the quantity of pollutants, the elimination of pollutants, the alteration of the nature of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of, discharging or otherwise introducing such pollutants into the PRA's wastewater collection system. The reduction or alteration can be obtained by physical, chemical or biological processes or by process changes or by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, including those promulgated by the EPA under the Act and those established by the PWTA.
PRETREATMENT STANDARDS
Pretreatment standards shall mean any prohibited discharge standards, categorical pretreatment standards or local limits.
SIGNIFICANT INDUSTRIAL USER
Any nondomestic user of the PRA's wastewater collection system who:
(1) 
Is subject to categorical pretreatment standards;
(2) 
Discharges an average of 25,000 gallons per day process wastewater to the PRA's collection system;
(3) 
Contributes a process waste stream that makes up 5% or more of the average daily weather hydraulic or organic capacity of the PWTA treatment plant;
(4) 
Is designated as such by the PRA on the basis that the user has a reasonable potential for adversely affecting the operation of the treatment plant, the quality of the biosolids generated at the PWTA WWTP or for violating any pretreatment standard or requirement.
SIGNIFICANT INDUSTRIAL USER PERMIT
A permit issued by the PWTA to an industrial/commercial user in accordance with § 147-43 of this article.
SIGNIFICANT NONCOMPLIANCE
An industrial user or user is in significant noncompliance if its violation meets one or more of the specific criteria set forth in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user is in significant noncompliance if its violations meet one or more of the following criteria:
[Amended 3-19-2012 by Ord. No. 956]
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit or narrative standard) that the PWTA determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of municipal personnel or the general public);
(4) 
Any discharge of pollutants that have caused imminent endangerment to the public health and welfare or to the environment, or has resulted in the PWTA's exercise of its emergency authority to halt or prevent such a discharge;
(5) 
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater contribution permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide within 45 days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance; or
(8) 
Any other violation(s), which may include violation of best management practices, which the PWTA determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG DISCHARGE/SLUG LOAD
Any pollutant released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) or § 147-43 of this article and/or any discharge of nonroutine nature, episodic nature, including but not limited to accidental spills or noncustomary batch discharges, which has a reasonable potential to cause interference or pass through, or in any other way violate the PWTA's prohibited discharge standards, local limits, NPDES permit conditions or any other condition of its rules and regulations.
[Amended 3-19-2012 by Ord. No. 956]
SLUG CONTROL PLAN
All significant industrial users are required to submit to the PWTA a slug control plan that meets the criteria set forth in § 147-48 of this article.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget 1972.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting exclusively therefrom.
TOTAL SUSPENDED SOLIDS (TSS)
The total suspended matter that floats on the surface or is suspended in water, wastewater or other liquids and which is measured by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the Clean Water Act or other acts promulgated by the federal or state governments.
USER
Any person who contributes, causes or permits the contribution of wastewater into the PRA's collection system.
WASTEWATER
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 collection system.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
[1]
Editor's Note: The Perkasie Borough Authority was renamed the Perkasie Regional Authority 6-20-2011 by Ord. No. 950. All references to "PBA" have been changed to "PRA" in this article.
B. 
The following abbreviations shall have the designated meanings:
PRA — Perkasie Regional Authority
PWTA — Pennridge Wastewater Treatment Authority
BOD5 — biochemical oxygen demand
CFR — Code of Federal Regulations
COD — Chemical Oxygen Demand
CWA — Clean Water Act
DEP — Department of Environmental Protection
EPA — United States Environmental Protection Agency
mg/l — milligrams per liter
NH3-N — ammonia nitrogen, as N
NPDES — National Pollutant Discharge Elimination System
O&M — operation and maintenance
SIC — standard industrial classification
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TKN — total Kjeldahl nitrogen
TSS — total suspended solids
USC — United States Code
A. 
No user or significant industrial user may contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater that will cause a pass-through or interference in the PRA's wastewater collection system, will create a hazard to the environment, the general public, PWTA or PRA personnel or will cause the PWTA to violate any General Pretreatment Regulation, NPDES permit or biosolids requirement. These general prohibitions apply to all such users of a wastewater collection system, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user or significant industrial user may not contribute the following substances to the wastewater collection system:
(1) 
Any liquids, solids or gases that 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 wastewater collection system or will disrupt the operation of the wastewater collection system. 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 over 10% of the lower explosive limit (LEL). Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides, sulfides, aldehydes, peroxides, chlorates, perchlorates, bromates and carbates and any other substance that presents a fire hazard or other hazard to the sewer system, including any material or waste stream exhibiting a closed-cup flashpoint of less than 140º F. (i.e., waste streams whose vapors ignite or burn at temperatures below 140º F.).
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, mud, glass grinding, polishing wastes, petroleum oil and nonbiodegradable cutting oil or mineral oil products that will interfere or cause pass-through at the PWTA treatment plant.
(3) 
Any wastewater having a pH less than 5.0 or greater than 9.0 standard units or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the wastewater collection system.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either alone or in conjunction with other pollutants, that will cause a pass-through or interference in the PRA's wastewater collection system, will create a hazard to the environment, the general public or Perkasie personnel or will cause the PWTA to violate any General Pretreatment Regulation, NPDES permit or biosolids requirement. These general prohibitions apply to all such users of a wastewater collection system, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
(5) 
Any noxious or malodorous liquids, gases, vapors, solids or fumes that either alone or in conjunction with other wastes are sufficient to create a public nuisance or hazard to life, cause health and safety problems or are sufficient to prevent entry into the sewers for maintenance and repair.
(6) 
Any substance that may cause the wastewater treatment plant effluent or any other product of the wastewater collection system, such as residues, biosolids or scums, to be unsuitable for reclamation and reuse or which will interfere with the reclamation process. In no case shall a substance discharged to the wastewater collection system cause the PRA's to be in noncompliance with its biosolids use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the biosolids management method being used.
(7) 
Any substance that will cause the PWTA to violate its NPDES permit or the receiving stream water quality standards.
(8) 
Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
(9) 
Any wastewater having a temperature that will inhibit biological activity in the wastewater collection system treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the wastewater collection system that will result in a wastewater treatment plant influent flow exhibiting a temperature which exceeds 40º C. (104º F.).
(10) 
Any pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant concentrations that cause interference to the wastewater collection system. In no case shall wastewater be discharged at a flow rate or containing concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.
(11) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the PWTA Manager in compliance with applicable state or federal regulations.
(12) 
Any wastewater that causes a hazard to human life or creates a public nuisance.
(13) 
Stormwater, groundwater, roof runoff, subsurface drainage or cooling water.
(14) 
Trucked or hauled wastes except at a point of discharge indicated by the wastewater treatment plant Manager or his duly authorized agent.
(15) 
Wastewater having an oil and grease concentration greater than 100 mg/1.
[Added 3-19-2012 by Ord. No. 956]
B. 
When the PRA or the PWTA determines that a user or significant industrial user is contributing to the wastewater collection system any of the above-prohibited substances to the system, the PWTA Manager may advise the user of the impact of such contributions on the wastewater collection system and develop effluent limitations and compliance schedules which the user must meet to correct the violation.
C. 
The PWTA or the PRA may take enforcement action(s) against the noncomplying user or significant industrial user regardless of whether the user or significant industrial user was given prior notification of the violation by the PWTA.
Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. Each user or significant industrial user shall be responsible to notify the PRA and the PWTA of changes to his status under the federal, state or local regulations. The categorical pretreatment standards found in 40 CFR, Chapter I, Subchapter N, Part 405-471, are also hereby incorporated into this article.
A. 
Where a categorical pretreatment standard is expressed only in terms of the mass or the concentration of a pollutant in wastewater, the PWTA Manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
B. 
When process wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the PWTA Manager shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
C. 
A user may obtain a variance from EPA from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to his facilities discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.
D. 
A user may obtain a net gross adjustment to a categorical pretreatment standard in accordance with 40 CFR 403.15.
Where the PWTA wastewater treatment plant achieves consistent removal of pollutants limited by federal categorical pretreatment standards, the PWTA may apply to the approval authority for modifications of specific limits in the federal categorical pretreatment standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater collection system to a less toxic or harmless state in the effluent, which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The PWTA may then modify the pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7, are fulfilled and prior approval from the approval authority is obtained.
A. 
All wastewater entering the sanitary sewer system shall be pretreated to typical domestic levels unless otherwise stated in writing by the PWTA by way of the significant industrial user permit. Typical domestic levels and specific pollutant limitations may require periodic change because of changing NPDES requirements, required reevaluations of the local limits analysis, or other reasons. At the time when such change becomes necessary, modified local limits will be established and formally adopted by the PWTA after modifications have been approved by the approval authority (USEPA). Upon recommendation and approval by the PWTA, industrial pretreatment limitations shall be established and revised by Perkasie Borough by amendment of the Sewer Use Ordinance. All existing limitations shall apply, even after recommendation and approval of modifications by the PWTA, until such time that the amendment of the Sewer Use Ordinance is lawfully adopted and effective.
[Amended 6-15-1998 by Ord. No. 810; 8-20-2001 by Ord. No. 847]
B. 
Typical domestic levels for compatible pollutants shall be:
[Amended 3-19-2012 by Ord. No. 956]
Pollutant
Maximum Concentration
(mg/l)
Biochemical oxygen demand (BOD5
2501
Total suspended solids (TSS)
2501
Phosphorus (total as P)
101
Total Kjeldahl nitrogen (TKN)
40 as N1
NOTES:
1Users may exceed the maximum concentrations listed for these parameters, but will be surcharged according to the PWTA High-Strength Surcharge Formula. Copies of this formula can be obtained from the PWTA Manager.
C. 
No user shall contribute toxic pollutants to the PRA sewer collection system in excess of the local limits identified in the PWTA's most recent USEPA-approved local limits evaluation. The approved local limits evaluation is available for public inspection at the offices of the Authority, 180 Maple Avenue, Sellersville, Pennsylvania, during the regular business hours of the PWTA. At its discretion, the PWTA may establish alternate mass limits for specific toxic pollutants in individual wastewater contribution permits, but only in accordance with regulatory requirements. At no time shall the total loading allocated to the users in their permits for a specific pollutant be greater than the allowable wastewater treatment plant industrial loading as determined in the PWTA's most recent USEPA-approved local limits evaluation. The local limits, if more stringent than the National Categorical Standards, shall supersede the National Categorical Standards.
[Amended 8-20-2001 by Ord. No. 847; 3-19-2012 by Ord. No. 956]
D. 
The PWTA, in consultation with PRA, may develop best management practices (BMPs) to comply with 40 CFR 403.5(c)(1). Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and Section 307(d) of the Clean Water Act. The PWTA, in consultation with PRA, may allow a user to implement BMPs to meet the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 147-43 of this article. BMPs may also be implemented in addition to an approved limit or prohibition. If BMPs are allowed, they will be implemented through industrial user permits issued in accordance with §§ 147-53 through 147-55 of this article. Authorization of BMPs, in place of or in addition to approved limits or prohibitions, does not relieve the user of responsibility to comply with approved limits or prohibitions.
[Added 3-19-2012 by Ord. No. 956]
No user or significant 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 the limitations contained in the federal categorical pretreatment standards or with any other pollutant-specific limitation developed by the PRA, the PWTA, state or federal agencies.
A. 
Each user shall provide protection from slug discharge of prohibited materials or other substances regulated by this article. To prevent the discharge of prohibited materials, facilities shall be provided and maintained at the user's or significant industrial user's own cost and expense. In the case of a slug discharge which has the potential to violate any of the specific provisions contained in 40 CFR 403.5 or to pass through or interfere with the treatment plant, it is the responsibility of the user to immediately telephone and notify the PRA and PWTA Manager of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions taken to minimize and eliminate the violation.
B. 
Also, within five days following a slug discharge, the user shall submit to the PRA and the PWTA a detailed written report that shall contain the following information:
(1) 
The cause of the noncompliance.
(2) 
The approximate time that this condition occurred and whether it has been corrected.
(3) 
The steps taken by the user to reduce and minimize the impact of the noncompliance.
(4) 
The steps taken by the user to prevent a reoccurrence of the conditions that caused or led to the accidental or slug loading.
C. 
Submission of such a report shall not relieve the user or significant industrial user of any fines, civil penalties or other liability that may be imposed as described in this article, the PWTA Enforcement Response Plan or any other applicable law.
D. 
In addition, the PWTA will evaluate at least once per year whether a significant industrial user needs to develop or update a slug control plan. Detailed slug control plans showing facilities and operating procedures to provide slug control protection shall be submitted to the PWTA for review and approval prior to implementation. A slug control plan shall contain, at a minimum, the following information:
(1) 
A description of discharge practices, including routine or nonroutine batch discharges.
(2) 
A description of new and spent chemical storage procedures.
(3) 
Procedures for immediately notifying the PWTA Manager of any accidental or slug discharge, including personnel responsible for such notifications.
(4) 
Procedures to prevent adverse impact from an accidental or slug discharge. Such procedures shall include but are not limited to inspection and maintenance of chemical storage areas, handling and transferring of raw and finished products and chemicals, control of site runoff, worker training, building of containment structures, available containment equipment and contacted environmental services that assist the user fulfill these plans.
E. 
A significant industrial user who commences contribution to the wastewater collection system after the effective date of this article shall not be permitted to introduce pollutants into the system until a slug control plan has been approved by the PWTA. Review and approval of such plans and operating procedures shall not relieve the significant industrial user from the responsibility to modify his facility, as necessary, to meet the requirements of this article.
F. 
All users are required to notify the PWTA immediately of any changes at their facilities affecting the potential for an accidental discharge and/or slug discharge to the PWTA. PWTA will immediately notify PRA of such changes.
[Added 3-19-2012 by Ord. No. 956]
The PWTA Manager reserves the right to require any user of the PRA's sewer system to install permanent sampling equipment in order to determine compliance with this article. The type of sampling equipment and installation location must be reviewed and approved by the PWTA Manager.
A notice shall be permanently posted on the significant industrial user's bulletin board or other prominent place advising employees whom to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who may be involved with hazardous materials are aware of such emergency notification procedures.
A. 
It is the purpose of this section to provide for the recovery of costs from users and significant industrial users of the PRA collection and PWTA treatment systems for the implementation of the program established herein. The applicable charges or fees shall be set forth in the PWTA and the PRA's schedule of charges and fees.
B. 
Charges and fees.
(1) 
The PRA or the PWTA may adopt charges and fees that may include:
(a) 
Fees for reimbursement of the costs of developing and implementing the PWTA industrial pretreatment program.
(b) 
Annual permit fees for recovering costs associated with monitoring, inspection and sampling activities essential to implementation of the PWTA industrial pretreatment program.
(c) 
Fees for reviewing accidental discharge procedures and construction plans.
(d) 
Fees for review of permit applications.
(e) 
Fees associated with the review of permit appeals.
(f) 
Fees for consistent removal by the PWTA of pollutants otherwise subject to federal pretreatment categorical standards.
(g) 
Surcharge fees for all sewerage discharged into the sewer system which exhibit concentrations of certain compatible pollutants in excess of the limitations established in § 147-46 of this article.
(h) 
Other fees the PWTA and/or the PRA may deem necessary to carry out the requirements contained herein.
(2) 
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the PRA and/or the PWTA.
A. 
It shall be unlawful for any user to discharge any wastewater to the sewer system in any area under the jurisdiction of or within the service area of, the Perkasie Regional Authority or PWTA, except as authorized in writing by the PRA in accordance with the provisions of this article. The PRA or the PWTA may require any unpermitted or permitted users of the sewer system to provide any information needed to determine compliance with this article or other applicable local, state or federal laws, rules or regulations. These requirements include but are not limited to:
(1) 
Wastewater discharge peak rate and volume records over a specified time period.
(2) 
Information on raw materials, processes and products affecting wastewater volume and quality.
(3) 
Quantity and disposition of specific liquid, biosolids, oil, solvent or other materials that may impact the operation of the PRA collection system.
(4) 
A plot plan of all sewer facilities on the user's property, including the number and location of all sewer lateral connections to the PRA collection system.
(5) 
Details of control measures taken by the user to prevent and control stormwater, drainage and roof runoff from entering the PRA collection system.
B. 
In addition, all users are required to provide details of any significant changes to the nature or quantity of their discharge, including increased flows of 25% or more or the promulgation of a categorical pretreatment standard that applies to their discharge, at least 90 days prior to commencing the changed discharge.
C. 
Costs incurred for developing the information described above shall be paid by the user and are in addition to all other sewer use, permit and surcharge fees charged by the PWTA or PRA.
D. 
The user shall be responsible for obtaining and submitting all applicable PRA, Borough, county, regional, state or federal permits or planning documents required for approval of a sewer connection. It is also the responsibility of each user to notify the PRA and the PWTA Manager of wastewater discharges containing materials which would be considered hazardous if disposed of in any other manner.
A. 
All users proposing to or already connected into the PRA's sewer system which are deemed a significant industrial user through PWTA review of the waste questionnaire or permit application must obtain a wastewater contribution permit from the PWTA 90 days prior to commencing discharge.
B. 
In addition, whenever an existing insignificant industrial user becomes subject to a new categorical pretreatment standard, the user must reapply to the PWTA for a significant industrial user wastewater contribution permit within 60 days of the promulgation of the categorical standard. Based on the review of this data, the PWTA may reissue the wastewater contribution permit for this significant industrial user as soon as possible after incorporating the applicable standards.
A. 
Any user required to obtain a significant industrial user permit shall complete and file with the PRA and the PWTA an application in the form prescribed by the PWTA, accompanied by the required permit filing fee. In support of the application, the significant industrial user shall submit, in units and terms appropriate for evaluation, all items required in 40 CFR 403.12(b), including the following information:
(1) 
Name, address and location of the facility (if it is different from the address).
(2) 
SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget 1972, as amended.
(3) 
Wastewater constituents and characteristics, including but not limited to those parameters listed in §§ 147-43 through 147-50 of this article, as determined by an approved analytical laboratory. This sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended.
(4) 
Time and duration of wastewater contribution.
(5) 
Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(7) 
Description of activities, facilities and production processes on the premises, including all materials that have a potential for entering the sewer system either accidentally or by purpose.
(8) 
The nature and concentration of any pollutants in the discharge which are limited by any authority, Borough, township, state or federal categorical pretreatment standards; and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M), source reduction efforts and/or additional pretreatment is required for the significant industrial user to meet applicable pretreatment standards.
(9) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the schedule by which the significant industrial user will provide such additional pretreatment. For significant industrial users subject to federal categorical pretreatment standards, the completion date in this schedule can be no later than the compliance date established by the EPA for the applicable pretreatment standard. The following shall also apply to this schedule:
(a) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the significant industrial user to meet the applicable pretreatment standards. This may include dates for installing a sampling manhole, hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.
(b) 
No increment referred to in Subsection A(9)(a) shall exceed nine months.
(c) 
No later than 14 days following each date in the schedule and the final date for compliance, the significant user shall submit a progress report to the PRA and the PWTA, including, as a minimum, whether or not he has complied with the increment of progress to be met on such date and, if not, the date on which he expects to comply with this increment of progress; the reason for delay; and the steps he is taking to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the PRA and the PWTA.
(d) 
Each product produced by type, amount, process or processes and rate of production.
(e) 
Type and amount of raw materials processed (average and maximum per day).
(f) 
Number and type of employees, the hours of plant operation and the proposed or actual hours of pretreatment system operation.
(g) 
Any other information as may be deemed by the PWTA necessary to aid in evaluating the permit application.
(10) 
A list of any environmental control permits held by or for the facility.
B. 
The PWTA will evaluate the data furnished by the significant industrial user and will notify the user of any additional information necessary to complete the application review process. After evaluation and acceptance of the data supplied, the PWTA may approve the issuance of a significant industrial user permit subject to terms and conditions provided herein.
Significant industrial user permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the PRA or the PWTA by way of separate regulations. The permit may contain, but is not limited to, the following requirements:
A. 
Statement of duration.
B. 
Statement on nontransferability.
C. 
All applicable pretreatment standards for the discharge of pollutants.
D. 
Limits on average and maximum flow rate and time of discharge or requirements for flow regulations and equalization.
E. 
Requirements for installation and maintenance of inspection and sampling facilities.
F. 
Specifications for monitoring programs that may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
G. 
A schedule for achieving compliance with this article or any other pretreatment requirement.
H. 
Requirements for submission of technical reports or discharge reports (see §§ 147-56 and 147-57).
I. 
Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the PWTA, and allowing the PWTA access thereto.
J. 
Requirements for ninety-day prior notification of the PWTA and the PRA of the introduction of any new wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater collection system.
K. 
Requirements for: 1) immediate notification of slug discharges to the PWTA in accordance with § 147-48 of this article; 2) immediate notification of any changes by the user at its facility affecting the potential for an accidental discharge and/or slug discharge to the PWTA; and/or 3) development and implementation of slug control measures.
[Amended 3-19-2012 by Ord. No. 956]
L. 
Specification of type and amount of raw materials and finished products processed (average and maximum per day).
M. 
Statement of all applicable civil or criminal penalties for noncompliance.
N. 
Other conditions as deemed necessary by the PRA or the PWTA to ensure compliance with this article.
O. 
Requirements for development and implementation of best management practices (BMPs) and recordkeeping and reporting for BMPs.
[Added 3-19-2012 by Ord. No. 956]
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 sewer system, any significant industrial user subject to federal categorical pretreatment standards shall submit to the PWTA a report indicating the nature and concentration of all pollutants in the discharge from the regulated process that are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the significant industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant industrial user and certified by a qualified professional engineer.
A. 
Every significant industrial user shall have his wastewater sampled and analyzed at a frequency specified in the wastewater contribution permit, but in no case less than two times per year. The frequency and number of pollutants analyzed for will be specific for each industry. The sampling must be representative of the user's typical discharge during that reporting period. The PWTA may at any time require the significant industrial user to perform additional sampling if it believes the conditions of this article are not being met. The significant industrial user must submit to the PWTA during the months of June and December, unless required more frequently by the PWTA, an update report indicating any process, production or flow rate changes that have occurred during the previous six-month period and all sampling requirements specified above. This report will also include a record of all daily flow that, during the reporting period, exceeded the average daily flow allowed in the contract. At the discretion of the PWTA and in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the PWTA may agree to alter the months during which the above reports are to be submitted.
B. 
The PWTA may impose mass limitations on significant industrial users that combine nonregulated waste streams with categorical process waste streams prior to the sampling point or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein that are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, and amendments thereto, or with any other EPA-approved test procedures. Sampling shall be performed in accordance with approved techniques.
C. 
When the results of this sampling indicate noncompliance with any requirement of this article, the user must notify the PWTA Manager within 24 hours after becoming aware of the violation(s). The user must also resample its discharge and submit these results to the PWTA within 30 days. Additionally, all wastewater discharge sampling results obtained by the user, whether or not required specifically by its wastewater contribution permit, must be submitted to the PWTA.
D. 
All measurements, tests and analyses required for determining the characteristics of waters and wastewaters to which reference is made in this article shall be performed in accordance with 40 CFR Part 136. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis and will be specified in the individual wastewater contribution permits issued to the significant industrial users.
E. 
If a user must implement a BMP to comply with federal pretreatment standards or requirements, the PWTA's prohibited discharge standards, local limits, or any other condition of this article, the user shall submit any and all documentation required by the PWTA, PRA or the pretreatment standard at the frequency specified by the PWTA, PRA or pretreatment standard to evaluate compliance. The user must include information on compliance with any applicable BMPs in baseline monitoring reports, ninety-day compliance reports and periodic compliance reports. The PWTA may also require any user to submit additional BMP-related information or data at any frequency it deems necessary to determine compliance with federal pretreatment standards or requirements or the Authority's rules and regulations.
[Added 3-19-2012 by Ord. No. 956]
F. 
If the PWTA performs the required monitoring of the user's wastewater discharge, the PWTA will either perform any required repeat sampling and analysis within 30 days of becoming aware of a violation or direct the user to perform any required repeat sampling and analysis within 30 days of becoming aware of a violation.
[Added 3-19-2012 by Ord. No. 956]
G. 
The PWTA shall provide copies of all sampling results and correspondence to the PRA within 10 days of the receipt of any information surrounding any event involving a PRA user.
[Added 3-19-2012 by Ord. No. 956]
Permits shall be issued by the PWTA for a specified time period, not to exceed five years. Each significant industrial user shall apply for a reissuance of his wastewater contribution permit a minimum of 180 days prior to the expiration of his existing permit. The terms and conditions of the permit may be subject to modification by the PWTA during the term of the permit, as limitations or requirements as identified in § 147-43 through 147-50 are modified or other just cause exists. A significant industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Where necessary, a schedule for complying with these changes or new conditions may also be issued by the PWTA.
Upon the promulgation of a categorical pretreatment standard, a significant industrial user subject to such standards shall have his wastewater contribution permit revised to require compliance with such standards.
Wastewater contribution permits are issued to a specific significant industrial user for a specific operation. These permits shall not be reassigned, transferred or sold to a new owner, used for different premises or used for a new or changed operation.
All reports, applications or other information required to be submitted under this article shall be signed by an authorized representative of the user and shall contain the following certification:
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 ensure 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 civil and criminal penalties.
[Amended 3-19-2012 by Ord. No. 956]
The PWTA Manager or his duly authorized representative shall inspect the facilities of any user to ascertain whether the purposes of this article are being met and all requirements are being complied with. Persons or occupants of premises connected to the PRA wastewater collection system shall allow the PWTA Manager or his representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination and/or copying of same or in the performance of any of his duties. The PWTA has the right to set upon a user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force that require proper identification and clearance before entry into his premises, the user shall make necessary arrangements with any security guards so that, upon presentation of suitable identification, personnel from the PWTA will be permitted to enter without delay for the purposes of performing their specific responsibilities.
Users and significant industrial users shall provide necessary wastewater treatment as required to comply with this article and any applicable federal categorical pretreatment standards within the time limitations as specified by the PWTA or in the Federal Pretreatment Regulations. Any equipment or facilities required by the user to pretreat wastewater to a level acceptable to the PWTA shall be provided, operated and maintained at the user's expense. The PWTA may require that detailed plans showing the pretreatment facilities and operating procedures to be submitted for review and be deemed acceptable to the PWTA before construction of the facility. The review of such plans and operating procedures will in no way relieve a user from the responsibility of modifying his facility as necessary to produce an effluent acceptable to the PWTA under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation or any change that may result in a new or increased discharge of pollutants shall be reported to and be accepted by the PWTA prior to the initiation of the changes.
[Amended 3-19-2012 by Ord. No. 956]
A. 
Users subject to the reporting requirements of this article shall maintain, and make available for inspection and copying by the PWTA, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and records associated with implementation of BMPs. 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 and any other information or data deemed necessary by the PWTA. 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 the PWTA, or where the user has been specifically notified of a longer retention period by the PWTA. PWTA will provide PRA copies (at the latter's expense) of all documents received within 10 days of their receipt of such documents.
B. 
All records relating to compliance with pretreatment standards shall be made available to the PRA, the Borough, the PWTA, the DEP or EPA upon request (at the requester's expense).
A. 
Information and data on a user or significant industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be made available to the public or governmental agencies without restriction, unless the user or significant industrial user specifically requests and is able to demonstrate to the satisfaction of the PWTA that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user or significant industrial user.
B. 
When requested by the person furnishing a report, those portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available, upon written request, to governmental agencies for uses related to this article, the NPDES permit, biosolids disposal/reuse forms and/or the General Pretreatment Regulations. Any such portions of a report shall also be available for use by any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the PWTA as confidential shall not be transmitted to the general public by the PWTA until after a ten-day notification is given to the user or significant industrial user.
Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or user or significant industrial user permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be punished as provided by law and shall be subject to the fines set forth in §§ 147-67 through 147-76.
Whenever the PRA or the PWTA finds that any user has violated or is violating this article, his wastewater contribution permit or the General Pretreatment Regulations, the PRA or the PWTA shall serve upon the user a written notice of violation (NOV). A copy of said notice shall also be sent to Perkasie Borough. Within 15 days of the certified receipt of the NOV, the user must submit, to the PWTA and the PRA, a written response that contains the following information:
A. 
Cause of noncompliance.
B. 
Anticipated duration of the noncompliance and the time by which the violation will be corrected.
C. 
Steps taken by the user to reduce and eliminate the noncomplying discharge.
D. 
Steps taken by the user to prevent reoccurrence of the condition(s) leading to the noncompliance.
E. 
The signature of an authorized representative of the user that certifies to the validity of the report.
When a response given by the user to a previous NOV is inadequate or when a violation results in conditions that could cause the PWTA to violate its NPDES permit or biosolids quality requirements or results in a hazardous situation within the PWTA sewer system, the PWTA will notify a user by certified mail of the requirement that the user attend a show-cause hearing. A "show-cause hearing" is an official meeting between the PWTA and a user to resolve conditions of continued violations. The hearing may result in the PWTA issuing an administrative order to the user or assessment of civil penalties.
An "administrative order" is an official enforcement document that directs a user or significant industrial user to undertake or to cease specific activities and that carries specific legal actions to be enforced when addressing continued noncompliance. The order may contain a compliance schedule specifying the time frame by which the user must perform certain activities that will ultimately result in compliance with all requirements contained in the order. The order may also contain the requirement that the user pay civil penalties of up to $25,000 per day per violation.
[Amended 3-19-2012 by Ord. No. 956]
The PWTA shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the PWTA, a list of the users which, during the previous 12 months, were in significant noncompliance (as defined in § 147-42 of this article) with applicable pretreatment standards and requirements. The PWTA shall provide PRA with the names of any users within the PRA system who will be on such list at least 30 days prior to publication of the list.
A. 
The PRA or the PWTA may suspend the wastewater treatment service and/or wastewater contribution permit when such suspension is necessary, in the opinion of PRA or the PWTA, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons and/or the environment, which causes or threatens to cause interference to the POTW or causes or threatens to cause the PWTA to violate any condition of its NPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the PRA or the PWTA shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The PRA or the PWTA may reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted by the user to the PRA and the PWTA within 15 days of the date of occurrence.
Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of §§ 147-67 through 147-75 of this article:
A. 
Failure of the user to factually report the wastewater constituents and characteristics of his discharge;
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
D. 
Violation of conditions of the permit.
A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit, may appeal the decision, in writing, to the PWTA Manager, with a statement of reasons therefor, within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under § 147-71.
Thereafter, upon notice, in writing, given to the permit holder or any agent or officer thereof at least five days prior to the time fixed, the PWTA Manager shall convene and conduct a hearing on the propriety or lack thereof of the notice of suspension or revocation. The cost of the stenographic transcript of such a proceeding shall be borne by the appellant, who shall pay a filing fee of $300.
The findings and determinations of the PWTA shall be in writing and shall be mailed to the user's authorized representative within 48 hours of the hearing, with a certified copy thereof to be filed with the PWTA Manager who originally served the notice of suspension or revocation. The determination shall be binding both upon the PWTA and all parties in interest.
If the decision of the PWTA sustains the notice of suspension or revocation of permit, the user shall be given 10 days' notice of the new date of suspension or revocation by the PWTA.
A. 
In addition to the other enforcement actions described within the PWTA Enforcement Response Plan (ERP), the PWTA may also seek to assess civil penalties and enjoin any user who fails to comply with the requirements of this article or his wastewater contribution permit.
B. 
Civil penalties vary from $500 up to $25,000 per day per violation depending on the severity of the violation and other factors. In civil penalty assessment, the PWTA will consider all of the following factors:
(1) 
Damage to the PWTA treatment plant or collection system, the environment or collection system personnel, resulting from the violation.
(2) 
The user's history of past violations.
(3) 
The level of cooperation obtained from the user.
(4) 
The economic benefit gained by the users as a result of the noncompliance.
(5) 
Other relevant factors.
C. 
The general civil assessment policy of the PWTA is given in Table 1 of the PWTA Enforcement Response Plan. All fines were developed in accordance with the Publicly Owned Treatment Works Penalty Law (Pennsylvania Act 9) and will be assessed on a per-day, per-violation basis. The PWTA has the right to increase, reduce or waive the fines in certain circumstances.
D. 
All civil penalties collected pursuant to the PWTA Civil Penalty Assessment Policy will be placed in a restricted account and shall only be used by the PWTA for the repair of damage and any additional maintenance or other costs resulting from the violation(s) on which the penalty was imposed, to pay any penalties imposed on the PWTA by a state or federal agency as a result of violating any pretreatment standards, for the costs incurred by the PWTA to investigate and initiate enforcement actions against the noncomplying discharge (including legal and engineering fees), for additional monitoring costs associated with the noncomplying user and for capital improvements to the treatment plant or collection system required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment plant or collections system not required by the industrial pretreatment program.
E. 
The PWTA's ability to assess civil penalties against noncomplying users shall apply to all users of the PWTA wastewater collection system regardless of political boundary.
A. 
The PWTA and PRA shall be able to seek injunctive relief for noncompliance by users with pretreatment standards or requirements or related provisions. Injunctive relief is available for violations of pretreatment standards or requirements, any requirement stated in this part or user permits, including, but not limited to:
[Amended 3-19-2012 by Ord. No. 956]
(1) 
A discharge from a user presents an imminent or substantial danger to the environment.
(2) 
A discharge from a user causes the PWTA to violate any condition of its NPDES permit, biosolids application standards, or other state or federal requirement.
(3) 
A discharge from a user presents an imminent or substantial danger to the PWTA treatment plant, the collection system or the general public.
(4) 
The user has shown a lack of ability or intention to comply with a pretreatment standard.
B. 
Injunctive relief may also be issued against a noncomplying user if the court determines that other enforcement actions available to the PWTA would not be adequate to affect prompt correction of the condition or violation.
C. 
The PWTA's ability to seek injunctive relief against a noncomplying user shall apply to all users regardless of political boundary. The injunctive relief may be sought in the Court of Common Pleas where the PWTA treatment plant is located, where the activity took place, where the condition exists or the public was affected, and to that end a jurisdiction is hereby conferred in law and equity upon such courts.
The user charged with any penalty previously described or who wishes to contest an administrative order shall have 30 days to pay the assessed penalty in full; or, if the user wishes to contest either the amount of the penalty or the fact of the violation, the user must file an appeal of the action to the PWTA Board within 30 days pursuant to the Local Agency Law, 2 Pa.C.S.A. § 101 et seq.
All other sewer use ordinances and parts of other sewer use ordinances inconsistent or conflicting with any part of this article are hereby repealed to the extent of such inconsistency or conflict. Article III of Chapter 147 of the Perkasie Borough Code (§§ 147-41 through 147-66) is repealed in its entirety.[1]
[1]
Editor's Note: Refers to former Article III, Contributors to Wastewater Collection System, adopted 2-19-1990 by Ord. No. 634, as amended.
Acknowledgment is made of overlapping service boundaries in which Perkasie Borough residents are serviced by neighboring townships or Boroughs. Likewise it is acknowledged that the Perkasie Regional Authority has service areas within neighboring townships and Boroughs. This article applies to all of these service areas equally, as if they were actual residents of the Borough or customers of the PRA.
[Added 3-19-2012 by Ord. No. 956]
Wastewater samples collected to comply with any provision of this article shall meet the following requirements:
A. 
Samples shall be collected using twenty-four-hour flow proportional composite collection techniques. In the event that flow proportional composite sampling is not warranted in the opinion of the PWTA, the PWTA may authorize the use of time proportional composite sampling or grab sampling. Where time proportional composite sampling or grab sampling are authorized by the PWTA, the samples must be representative of the discharge and the PWTA will solely determine the number of grab samples required.
B. 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using standard grab collection techniques.
C. 
The PWTA may allow multiple grab samples collected during a twenty-four-hour time period for certain parameters to be composited in the field or in the laboratory prior to analysis if proper protocols specified in 40 CFR Part 136 and appropriate EPA guidance documents are followed. For cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field. For volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the PWTA, as appropriate.
D. 
Sampling techniques prescribed in 40 CFR Part 136, as amended, shall be followed.
E. 
The PWTA shall be notified a minimum of 48 hours prior to the collection of a sample(s) by a user and may observe the collection of any sample.
F. 
If a user does not follow proper sample collection protocols and/or techniques, all samples collected inappropriately shall be discarded and recollected at the sole expense of the user.
G. 
Sampling facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its sampling location or facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
H. 
All sampling locations utilized to meet the discharge monitoring provisions of this article shall be approved by the PWTA.
I. 
All samples collected to meet the provisions of the federal pretreatment regulations or this article shall be representative of the user's wastewater discharge.
[Added 3-19-2012 by Ord. No. 956]
Wastewater pollutant analyses completed to comply with any provision of this article shall meet the following requirements:
A. 
All pollutant analyses shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical standard. If 40 CFR Part 136 does not contain analytical techniques for the pollutant in question, analyses must be performed in accordance with procedures approved by the Administrator.
B. 
The user shall provide the PWTA and the PRA with the name, address and telephone number of any contract laboratory intended to be utilized for pollutant analyses at least 48 hours prior to the collection of any samples. The PWTA may recommend the use of an alternate contract laboratory.
C. 
Copies of laboratory analysis results shall be forwarded to the user and the PWTA simultaneously. Laboratory analysis results shall be available to PRA at any time.
D. 
Laboratory analysis results obtained by a user following improper protocols or deemed technically deficient by the PWTA shall be discarded and samples shall be reanalyzed at the sole expense of the user.