Borough of Monaca, PA Wastewater Systems

Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system.

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

Provide for equitable distribution of the cost of the municipal wastewater system.

This article provides for the regulation of direct contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This article shall apply to the Borough of Monaca and to persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough system. This article is a supplement to Article I, as amended. Except as otherwise provided herein, the superintendent of the wastewater treatment plant of the Borough of Monaca shall administer, implement and enforce the provisions of this article.

§ 177-31 Definitions; word usage.

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 Director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

An authorized representative of an industrial user may be:

A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

A general partner or proprietor if the industrial user is a partnership or proprietorship respectively.

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

If the industrial user is a federal, state or local governmental facility, an "authorized representative" shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or his/her designee.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The individuals described above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to Borough.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BOROUGH

The Borough of Monaca or the Borough Council of Monaca.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the Borough of Monaca.

CATEGORICAL STANDARDS

The National Categorical Pretreatment Standards or Pretreatment Standard.

COLOR

The optical density at the visual wavelength of maximum absorption, relative to distilled water. One-hundred-percent transmittal is equivalent to zero-and-zero-tenths optical density.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals, based on an increment of either flow or time.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

CONTROL AUTHORITY

Refers to the approval authority defined hereinabove or the superintendent if the Borough has an approved pretreatment program under the provisions of 40 CFR 403.11.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States 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.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication 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.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317), into the Borough (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source 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).

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration (or loading) 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.

INTERFERENCE

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, use or disposal and, therefore, is a cause of a violation of the Borough's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the "Resource Conversation and Recovery Act (RCRA)";[1] any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulations on containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES -

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5 and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

NEW SOURCE

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;

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 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.

Construction on a site at which an existing source is located resulted in a modification rather than a new source if the construction does not create a new building, structure, facility or institution meeting the criteria of Subsection (1)(b) or (c) above of this definition but otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source, as defined under this definition, 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;

Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of "new source" facilities or equipment; or

PRETREATMENT REQUIREMENTS

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 for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product or finished product.

PASS THROUGH

A discharge which exits the POTW 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 Borough's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

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 masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

The logarithm (base ₁₀) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That part of the POTW designed to provide treatment to wastewater.

PRETREATMENT

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 introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means except diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PRETREATMENT STANDARDS or STANDARDS

Prohibitive discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 177-33 of this article.

PUBLICLY OWNED TREATMENT WORKS (POTW), MONACA, PENNSYLVANIA

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Borough. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the Borough of Monaca who are, by contract or agreement with the Borough of Monaca, users of the Borough of Monaca's POTW.

SEPTIC TANK WASTE

Any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.)

SIGNIFICANT INDUSTRIAL

Applies to industrial users subject to categorical pretreatment standards and any other industrial user that discharges an average of 25,000 gallons per day (gpd) or more of process wastewater, contributes a process waste stream which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the treatment plant or is designated as significant by the Borough on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

SLUG LOAD

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 177-33 of this article or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.

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 State of Pennsylvania or Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.[2]

SUPERINTENDENT

The person designated by the Borough to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article or his duly authorized representative.

SUSPENDED SOLIDS

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.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act, Section 307(a), or other acts.

TREATMENT PLAN EFFLUENT

Any discharge of pollutants from the POTW into waters of the state.

USERS

Any person who contributes, causes or permits the contribution of wastewater into the Borough's POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with what may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 177-41B of this article.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW designed to provide treatment of sewage and industrial waste.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourse, 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.

Editor's Note: See 35 P.S. § 755.1 et seq.

Editor's Note: See also Ch. 199, Stormwater Management.

"Shall" is mandatory; "may" is permissive.

§ 177-32 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works (Monaca, Pennsylvania)
SIC	Standard Industrial Classification
SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
USC	United States Code
TSS	Total suspended solids
RCRA	Resource Conservation and Recovery Act

§ 177-33 General discharge prohibitions.

No user shall contribute or cause to be contribute, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the Borough. These general prohibitions apply to all such users of a Borough 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 may not contribute the following substances to any Borough:

Pollutants which create a fire or explosive hazard in the municipal wastewater collection and POTW, including but not limited to waste streams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.

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 or 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, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

Any wastewater having a pH less than 5.0 or more than 10.5 or otherwise causing structural damage to the POTW or equipment or endangering Borough personnel.

[Amended 8-14-2001 by Ord. No. 853]

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the Borough or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

Any substance which may cause the Borough's effluent or any other product of the Borough, such as residues, sludges 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 Borough cause the Borough to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting a sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

Any substance which will cause the Borough to violate its NPDES and/or state disposal system permit or the receiving-water quality standards.

Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

Any wastewater having a temperature which will inhibit biological activity in the Borough treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the Borough which exceeds 40° C. (104° F.) unless the Borough treatment plant is designed to accommodate such temperature.

Any wastewater containing 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 either the POTW or any wastewater treatment or sludge process or which will constitute a hazard to humans or animals.

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

Any wastewater which causes a hazard to human life or creates a public nuisance.

Any trucked or hauled pollutants, except at discharge points designated by the Borough.

Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.

Any discharge of fats, oils or greases of animal or vegetable origin beyond the limit of 100 mg/l.

Any 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.

§ 177-34 Federal categorical pretreatment standards.

The National Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated herein as though more fully set forth.

§ 177-35 Specific pollutant limitations.

[Amended 8-14-2001 by Ord. No. 853]

The Borough hereby adopts the pretreatment program local limits as developed from time to time and accepted by the USEPA. The applicable limits shall be individually allocated in each user's sewer use permit. Allocations shall be made at the discretion of the Borough, while maintaining appropriate reserves. Limits appearing in user permits shall be enforceable local limits. Any violation of the permitted limit shall be considered a violation of the Borough's ordinance.

[Amended 10-13-2009 by Ord. No. 913]

No person shall discharge wastewater containing in excess of the aforesaid limits. Concentrations apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. At his discretion, the Superintendent may impose mass limitations in addition to or in place of the concentration-based limitations above.

§ 177-36 Amendments; more stringent standards.

The Borough reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in §§ 177-30 through 177-32 of this article or the general and specific prohibitions in §§ 177-33 through 177-38 of this article.

§ 177-37 Special agreements.

The Borough reserves the right to enter into special agreements with industrial users, setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from EPA. Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.

§ 177-38 Dilution.

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 superintendent may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

§ 177-39 Accidental discharge/slug control plans.

The superintendent may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years, the superintendent shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in § 177-33A of this article.

Procedures to prevent adverse impact from any accidental 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.

Industrial users shall provide notice of planned changes that could increase the potential for slug discharges to occur in the sanitary collection system. Examples include, but are not limited to, changed treatment processes, changed floor drains, changed chemical storage areas, etc.

[Added 2-13-2007 by Ord. No. 896]

§ 177-40 Fees. [1]

It is the purpose of this article to provide for the recovery of costs from users of the Borough's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Borough's schedule of charges and fees, to be adopted by resolution:

Fees for reimbursement of costs of setting up and operating the Borough's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

(6)

Fees for consistent removal (by the Borough) of pollutants otherwise subject to federal pretreatment standards.

(7)

Other fees as the Borough may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Borough.

Editor's Note: See Ch. A256, Fee Schedule.

§ 177-41 Administration.

Discharge permit required. It shall be unlawful to discharge without a Borough permit to any natural outlet within the Borough of Monaca or in any area under the jurisdiction of said Borough and/or to the Borough any wastewater except as authorized by the superintendent in accordance with the provisions of this article.

Wastewater contribution permits.

General permits. All significant users proposing to connect to or to contribute to the Borough shall obtain a wastewater discharge permit before connecting to or contributing to the Borough. All existing significant users connected to or contributing to the Borough shall obtain a wastewater contribution permit within 180 days after the effective date of this article.

Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the Borough an application in the form prescribed by the Borough and accompanied by a fee as set forth in the fee schedule resolution adopted from time to time by the Borough Council.[1] Existing users shall apply for a wastewater contribution permit within 60 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the Borough. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

[Amended 9-10-1996 by Ord. No. 822]

Name, address and location (if different from the address).

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 177-33 through 177-38 of this article as determined by a reliable analytical laboratory. 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.

Time and duration of contribution.

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

Description of activities, facilities and plan processes on the premises, including all materials which are or could be discharged.

(h)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any Borough, state or federal 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) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

(i)

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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

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 required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection B(2)(i)[1] shall exceed nine months.

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.

(j)

Each product produced by type, amount, process or processes and rate of production.

(k)

Type and amount of raw materials process (average and maximum per day).

(l)

Number and type of employees and hours of operation of plan and proposed or actual hours of operation of pretreatment system.

(m)

Any other information as may be deemed by the Borough to be necessary to evaluate the permit application. The Borough will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue a wastewater contribution permit subject to terms and conditions provided herein.

Editor's Note: See Ch. A256, Fee Schedule.

§ 177-42 Application; signatures and certifications.

All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

"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."

Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by said standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by § 177-41B(2), the user shall apply for a wastewater contribution permit within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 177-41B(2)(h) and (i).

Permit contents. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Borough. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports.

(8)

Requirements for maintaining and retaining plant records, relating to wastewater discharge as specified by the Borough, and affording Borough access thereto.

(9)

Requirements for notification of the Borough or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)

Requirements for notification of slug discharges.

(11)

That the permit is issued and subject to all prevailing federal, state and local civil and criminal penalties.

(12)

Requirements for the installation and operation of pretreatment technology pollution control, best management practices (BMPs), or construction of appropriate devices designed to protect the POTW.

[Added 10-13-2009 by Ord. No. 913]

(13)

Other conditions deemed appropriate by the Borough or required by federal statute to ensure compliance with this article.

[Added 10-13-2009 by Ord. No. 913]

Appeals. Any person, including the industrial user, may petition the Borough to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reason for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

If the Borough fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Court of Common Pleas of Beaver County or any other court having jurisdiction within 30 days.

Modifications to permit.

The superintendent may modify the wastewater discharge permit for good cause, including but not limited to the following:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

To address significant alterations or additions to the industrial user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the Borough's POTW, Borough's personnel or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

(h)

To correct typographical or other errors in the wastewater discharge permit.

(i)

To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit.

Permit revocation.

Wastewater discharge permits may be revoked for the following reasons:

Failure to notify the Borough of significant changes to the wastewater prior to the changed discharge.

Failure to provide prior notification to the Borough of changed condition pursuant to § 177-43E.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

Refusing to allow the Borough timely access to the facility.

Failure to meet effluent limitations.

(h)

Failure to pay fines.

(i)

Failure to pay sewer charges.

(j)

Failure to meet compliance schedules.

(k)

Failure to complete a wastewater survey or the wastewater discharge permit application.

(l)

Failure to provide advance notice of the transfer of a permitted facility.

(m)

Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this article.

Waste discharge permits shall be voidable upon nonuser cessation of operations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.

Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as limitations or requirements as identified in § 177-42B are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Borough. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

§ 177-43 Reporting requirements.

Baseline monitoring reports.

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 significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Borough a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Borough a report which contains the information listed in Subsection A(2) below. A new source shall also be required to submit to the Borough a report which contains the information listed in Subsection A(2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

The industrial user shall submit the information required by this section, including:

Identifying information: the name and address of the facility, including the name of the operator and owners.

Wastewater discharge permits: a list of any environmental control wastewater discharge permits held by or for the facility.

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.

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).

Measurement of pollutants:

Identifying the categorical pretreatment standards applicable to each regulated process.

The results of sampling and analysis identifying the nature and concentration (and/or mass where required) by the standard or by the Borough 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 § 177-43J.

Sampling must be performed in accordance with procedures set out in § 177-43K.

[4]

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 Borough or the applicable standards to determine compliance with the standard.

[Added 10-13-2009 by Ord. No. 913]

Certification: a statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance schedule: If additional pretreatment and/or (O&M) will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 177-41B(2) of this article.

Compliance schedule progress report. The following conditions shall apply to the schedule required by § 177-43A(2)(g). 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 user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the superintendent no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the superintendent.

Report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the Borough a report containing the information described in § 177-43A(2)(d), (e) and (f). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 177-42A.

Periodic compliance reports.

Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 177-42A.

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. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in § 177-43K of this article, the results of this monitoring shall be included in the report.

[Added 10-13-2009 by Ord. No. 913]

Report of changed conditions. Each industrial user is required to notify the superintendent of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

The superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 177-41A(2).

The superintendent may issue a wastewater discharge permit under § 177-42 or modify an existing wastewater discharge permit under § 177-42E.

No industrial user shall implement the planned changed conditions) until and unless the superintendent has responded to the industrial user's notice.

For purposes of this requirement, flow increases of 10% or greater and the discharge of any previously unreported pollutants shall be deemed significant.

Reports of potential problems.

In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 177-33 of this article), it is the responsibility of the industrial user to immediately telephone and notify the Borough of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

Within five days following such discharge, the industrial user shall, unless waived by the superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this article.

Failure to notify the Borough of potential problem discharges shall be deemed a separate violation of this article.

A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.

Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the Borough at least twice a year (in June and December) describing the nature, concentration and flow of pollutants required to be reported to the Borough. All reports must be signed and certified in accordance with § 177-42A.

Notice of violation; repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the superintendent within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the superintendent within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's at least once a month or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.

Notification of the discharge of hazardous waste.

Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection needs to be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under § 177-43E above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 177-43D above.

Discharges are exempt from the requirements of Subsection A of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

Analytic requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with 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 the EPA.

Sample collection.

Except as indicated in Subsection K(2) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow-proportional sampling is unfeasible, the superintendent may authorize the use of time-proportional sampling or through a minimum of four grab samples where the 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.

Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques.

Determination of noncompliance. The superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards.

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

The POTW and all industrial users subject to this article shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof relating to monitoring, sampling, chemical analyses and compliance with best management practice (BMP) requirements performed by or on behalf of a user in connection with its discharge.

[Amended 2-13-2007 by Ord. No. 896; 10-13-2009 by Ord. No. 913]

All sampling records shall include:

The date, exact place, method and time of sampling and the names of the person or persons taking the samples;

The dates that analyses were performed;

Who performed the analyses;

The analytical techniques/methods used; and

The results of such analyses.

All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the Borough, the Commonwealth of Pennsylvania, or USEPA pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

§ 177-44 Compliance monitoring.

Inspection and sampling. The Borough shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this article and any permit or order issued hereunder is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the superintendent or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.

Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Borough, state and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

The Borough, state and EPA shall have the right to set up on the industrial user's property or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Borough may require the industrial user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated yearly to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the superintendent and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.

Unreasonable delays in allowing Borough personnel access to the industrial user's premises shall be a violation of this article.

Search warrants. If the superintendent has been refused access to a building, structure or property or any part thereof and if the superintendent has demonstrated probable cause to believe that there may be a violation of this article or that there is a need to inspect as part of a routine inspection program of the Borough designed to verify compliance with this article or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then, upon application by the Borough Solicitor, the Court of Common Pleas of Beaver County or any other appropriate judicial issuing authority shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the superintendent in the company of a uniformed police officer of the Borough. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.

§ 177-45 Confidential information.

Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from Borough inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge trade secrets under applicable state law. When requested and demonstrated by the industrial 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 23.302, will not be recognized as confidential information and will be available to the public without restriction.

§ 177-46 Publication of industrial users in significant noncompliance.

[Amended 2-13-2007 by Ord. No. 896]

The Borough shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter 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);

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(1), multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

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 POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public):

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under § 177-47 of this article to halt or prevent such a discharge;

Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;

Failure to accurately report noncompliance.

Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

§ 177-47 Administration enforcement remedies.

Notification of violation. Whenever the superintendent finds that any user has violated or is violating this article, a wastewater discharge permit or order issued hereunder or any other pretreatment requirement, the superintendent or his agent may serve upon said user a written notice of violation. 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 by the user to the superintendent. 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 Borough to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent orders. The superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance of within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to § 177-47D and E below and shall be judicially enforceable.

Show cause hearing. The superintendent may order any user which causes or contributes to violation(s) of this article, wastewater discharge permits or orders issued hereunder or any other pretreatment standard or requirement to appear before the superintendent and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.

Compliance orders. When the superintendent finds that a user has violated or continues to violate this article, wastewater discharge permits or orders issued hereunder or any other pretreatment standard or requirement, he may issue an order to the user responsible for the discharge, directing that the user come into compliance within 30 days. If the user does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.

Cease and desist order.

When the superintendent finds that a user is violating this article, the user's wastewater discharge permit, any order issued hereunder or any other pretreatment standard or requirement or that the user's past violations are likely to recur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.

Emergency suspensions.

The superintendent may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary in order 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 superintendent may also immediately suspend a user's discharge (after notice 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.

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 superintendent shall 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 superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough that the period of endangerment has passed, unless the termination proceedings set forth in § 177-47G are initiated against the user.

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 superintendent, prior to the date of any show cause or termination hearing under §§ 177-47C and G.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Termination of discharge.

In addition to any other action authorized by this article, any user that violates the following conditions of this article, wastewater discharge permits or orders issued hereunder is subject to discharge termination:

Violation of wastewater discharge permit conditions.

Failure to accurately report the wastewater constituents and characteristics of its discharge.

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

Violation of the pretreatment standards in §§ 177-33 through 177-38 of this article.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 177-47C of this article why the proposed action should not be taken.

§ 177-48 Injunctive relief.

Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this article, wastewater discharge permits or orders issued hereunder or any pretreatment requirement, the Borough Attorney may apply for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this article on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the Borough. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.

§ 177-49 Violations and penalties; costs; civil penalties.

Any user which has violated or continues to violate this article, any order or wastewater discharge permit hereunder or any other pretreatment standard or requirement shall be liable to the Borough for a maximum civil penalty of the larger of $1,000 per day per violation or the maximum allowed by state law per day, per violation.

The superintendent acting on behalf of the Borough may recover reasonable attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Borough.

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, 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.

Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

§ 177-50 Affirmative defenses to discharge violations.

Upset.

For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3) are met.

An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:

An upset occurred and the industrial user can identify the cause(s) of the upset.

The facility was, at the time, being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.

The industrial user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset (If this information is provided orally, a written submission must be provided within five days.):

A description of the indirect discharge and cause of noncompliance.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(6)

The industrial user shall control production on all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

General/specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in § 177-33 of this article if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either a local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to and during the pass through or interference or no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Borough was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

Terms defined.

"Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection C(3) and (4) of this section.

If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least 10 days before the date of the bypass if possible. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Exceptions.

Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

The industrial user submitted notices as required under Subsection C(3) of this section.