[Adopted 3-20-1996 by Ord. No. 51-1996]
This article sets forth uniform requirements for contributors to the
sewer system within the City of Scranton and enables the City to comply with
all applicable state and federal laws required by the Clean Water Act of 1977
and the General Pretreatment Regulations (40 CFR 403).
A.
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the sewer
system which will interfere with the operation of the system or contaminate
the resulting sludge.
(2)
Prevent the introduction of pollutants into the sewer
system which will pass through the system, inadequately treated, into the
receiving waters or the atmosphere or otherwise be incompatible with the system.
(3)
Improve the opportunity to recycle and reclaim wastewaters
and sludges from the system.
(4)
Provide for equitable distribution of the operating cost
of the sewer system.
B.
This article defines certain terms and provides for the
regulation of contributors to the sewer system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for all users, authorizes monitoring, testing, inspection and enforcement
activities, requires industrial user reporting, assumes that existing customer's
capacity will not be preempted, provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein and imposes
penalties for industrial user noncompliance.
C.
This article shall apply to the City of Scranton and
to persons outside the City who are, by contract or agreement with the City
or its agents, users of the City's sewer system. Except as otherwise
provided herein, the City of Scranton or its duly authorized representatives
or agents shall administer, implement and enforce the provisions of this article.
A.
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(6)
BOD (BIOCHEMICAL OXYGEN DEMAND)
BUILDING SEWER
BYPASS
CATEGORICAL STANDARDS
CITY
COLOR
COMPOSITE SAMPLE
CONTROL AUTHORITY
COOLING WATER
(1)
(2)
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY OR EPA
GARBAGE
GRAB SAMPLE
GROUNDWATER
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERFERENCE
LOCAL LIMITS
MANHOLE
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD
NEW SOURCE
OPERATOR
OWNER
PASS-THROUGH
PERSON
PH
POLLUTION
POLLUTANT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD OR STANDARDS
PUBLICLY OWNED TREATMENT WORKS (POTW)
POTW TREATMENT PLANT
PRETREATMENT OR TREATMENT
QUALIFIED ANALYST
SANITARY SEWAGE
SANITARY SEWER
SEWER
SEWER AUTHORITY
SEWER SYSTEM
SEWAGE TREATMENT PLANT
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
SIGNIFICANT NONCOMPLIANCE
SIGNIFICANT VIOLATOR
SLUG LOAD
STATE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORMWATER
SUSPENDED SOLIDS
TOXIC SUBSTANCES
(1)
(2)
UPSET
USER
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
WATER-COOLED EQUIPMENT
WATERS OF THE STATE
Words, terms and phrases. The following words, terms
and phrases when used in this article shall have the meaning ascribed to them
in this section, except where the context clearly indicates a different meaning:
The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. § 1251, et seq.
The Regional Administrator of the Environmental Protection Agency.
An authorized representative of an industrial user may be a responsible
corporate officer, if the industrial user is a corporation. For the purpose
of this Article, a corporate officer means:
A President, Secretary, Treasurer or Vice President of the corporation
in charge of a principal business function, or any other person who performs
similar policy or decisionmaking functions for the corporation; or
The manager of one (1) or more of manufacturing, production or operation
facilities employing more than two hundred fifty (250) persons or having gross
annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.)
[in second quarter 1980 dollars], if the authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
By a general partner or proprietor if the industrial user is a partnership
or sole proprietorship, respectively.
The principal executive officer or director having responsibility for
the overall operation of the discharging facility if the industrial user is
a federal, state or local government entity, or their agents, or a charitable
organization or other such unincorporated entity.
By a duly authorized representative of the individual described in Subsections
(a), (b) or (c) of this definition:
The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the discharge
originates, such as the position of plant manager, operator of a well or a
wellfield superintendent or a position of equivalent responsibility or having
overall responsibility for environmental matters for the company.
The written authorization is submitted is submitted to the control authority.
If an authorization under Subsection D of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters of the company, a new authorization satisfying the requirements of Subsection (5) of this definition must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
The quantity of oxygen, expressed in milligram per liter (mg/l),
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure in five (5) days at twenty degrees Centigrade (20° C.).
That part of the main building or house drain or sewer line inside
the walls of the building and extending through the wall to a point five (5)
feet from the roadway right-of-way and connecting to the service line.
The intentional diversion of waste streams from any portion of an
industrial user's treatment facility.
National Categorical Pretreatment Standard.
The City of Scranton, Lackawanna County, Pennsylvania, or its duly
authorized representatives or agents.
Color of an industrial waste is the color of the light transmitted
by the waste solution after removing the suspended material, including the
pseudo-colloidal particles.
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited either
as a time composite sample: composed of discrete sample aliquots collected
in one (1) container at constant time intervals providing representative samples
irrespective of stream flow; or as a flow proportional composite sample: collected
either as a constant sample volume at time intervals proportional to stream
flow or collected by increasing the volume of each aliquot as the flow increases
while maintaining a constant time interval between the aliquots.
The City of Scranton, Lackawanna County, Pennsylvania or its duly
authorized agents.
UNCONTAMINATEDWater used for cooling purposes only, which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the intake water.
CONTAMINATEDWater used for cooling purposes only, which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides or by direct contact with process materials and/or wastewater.
The discharge of treated or untreated wastewater directly to the
waters of the Commonwealth of Pennsylvania.
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.
Solid waste resulting from the domestic and commercial preparation
cooking and dispensing of food and from handling, storage and sale of produce.
A sample which is taken from a waste stream on a one-time basis with
no regard to the flow in the waste stream and without consideration of time.
That water which is contained in or passing through the ground.
Any waste from holding tanks such as vessels, chemical toilets, campers,
trailers, septic tanks and vacuum-pump tank trucks.
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 sewer system (including holding tank waste discharged into the system).
A source of nondomestic waste. Any nondomestic source discharging
pollutants to a publicly owned treatment works (POTW).
Solid, liquid or gaseous substances, waterborne waste or form of
energy discharged or escaping in the course of any industrial, manufacturing,
commercial, trade, business or research process or in the course of development,
recovering or processing of natural resources, but not sanitary sewage.
A discharge which, alone or in conjunction with a discharge or discharges
from other sources, both inhibits or disrupts the POTW treatment processes
or operations or its sludge process, use or disposal; and therefore, causes
a violation of any of the POTW's National Pollutant Discharge Elimination
System (NPDES) permit or prevents sewage sludge use or disposal in compliance
with specified applicable federal statues, regulations or permits issued thereunder
(or more stringent state or local regulations): Section 405 of the Act (33
U.S.C. § 1345), 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 sludge management plan prepared pursuant to Subtitle
D of the SWDA) applicable to the method of disposal or use employed by the
control authority.
Restrictions on concentration, mass or other characteristics of a
wastewater discharge developed by the control authority and imposed on the
industrial users in order to prevent interference, pass-through or harm to
the POTW, human health and safety or animal or plant life.
A structure leading from the surface of the ground to a sewer, permitting
access to the sewer.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which applies to a specific category of industrial users.
This term includes prohibitive discharge limits established pursuant to 40
CFR 403.5.
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
Any regulation developed under the authority of 307(b) of the Act
and 40 CFR 403.5.
Any building, structure, facility or installation for which there
is or may be a discharge of pollutants, the construction of which commenced
after the publication of proposed Categorical Standards under Section 307(c)
of the Act, which standards will be applicable to such source if they are
thereafter promulgated in accordance with that section. Determination of the
applicability of new source standards shall be made as provided in the Act
and 40 CFR 403.3.
Any person having charge, care, management or control of a tank truck(s)
or treatment system(s) used in the removal, transportation, disposal or treatment
of sewage and/or industrial wastes.
Any person vested with ownership, legal or equitable, sole or partial,
of an improved property.
A discharge of pollutant which cannot be treated adequately by the
POTW, and therefore exits into the waters of the state 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 POTW's NPDES permit
(including an increase in the magnitude or duration of a violation).
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, the singular shall include the
plural where indicated by the context.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in gram equivalent per liter of solution and indicating the
degrees of acidity or alkalinity of a substance. It shall be determined by
one (1) of the accepted methods described in 40 CFR 136.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Any substance, including but not limited to dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial user.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards and local limits.
A treatment works as defined by Section 212 of the Act, (33 U.S.C.
§ 1292) which is owned in this instance by the Sewer Authority of
the City of Scranton, Pennsylvania. 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 who are, by contract or agreement
with the control authority, users of the POTW.
That portion of the POTW designed to provide treatment to wastewater.
The reduction of the amount of pollutants, the elimination 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 sewer system. The reduction or alteration can be
obtained by physical, chemical or biological processes or process changes
and other means, except if prohibited by 40 CFR 403.6(d).
Any person who has demonstrated competency in wastewater analysis
by having analyzed satisfactorily a minimum of three (3) reference wastewater
samples as supplied upon request by the control authority or by submission
of their generally recognized documentation of competency.
The normal water-carried household and toilet waste from any improved
property, excluding, however, the effluent from septic tanks or cesspools,
rain-, storm- and groundwater, as well as roof or surface water, drainage
or percolating or seeping waters, or accumulation thereof, whether underground
or in cellars or basements.
A sewer which carries sewage and/or authorized industrial wastes
and to which storm, surface and ground waters are not intentionally admitted.
A pipe or conduit for carrying sanitary sewage, or authorized industrial
waste alone or combined with stormwater.
The Sewer Authority of the City of Scranton, Pennsylvania, a Pennsylvania
municipal authority.
Publicly Owned Treatment Works (POTW) as defined herein. For the
purposes of this Article, "sewer system" shall also include any sewers that
convey wastewater to the sewer system from persons who are, by contract or
agreement with the control authority, users of the sewer system.
POTW treatment plant as defined herein.
All users subject to the National Categorical Pretreatment Standards
under 40 CFR Chapter I, Subchapter N; and
All users not subject to the National Categorical Pretreatment Standards
that:
Discharges twenty-five thousand (25,000) gallons per day or more of
process wastewater ("process wastewater" excludes sanitary, cooling water
and boiler blowdown wastewaters).
Contributes a process waste stream which makes up five percent (5%)
or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity
of the treatment plant.
Has a reasonable potential, in the opinion of the control or approval
authority, to adversely affect the POTW by interference, pass-through of pollutants,
sludge contamination or endangerment of POTW workers.
An industrial user is in "significant noncompliance" if its violation
meets one (1) or more of the specific criteria listed in Section 6.2 of this
Article. If the control authority determines that an industrial user is in
Significant Noncompliance (SNC), that user will be included on the annual
publication list.
Any user that is in significant noncompliance during any calendar
year.
Any discharge of a nonroutine, episodic nature or at a flow rate
or concentration which would cause a violation of the prohibited discharge
standards.
Commonwealth of Pennsylvania.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of Management
and Budget, 1972.
Any flow occurring during or following any form of natural precipitation
and resulting thereof.
Solids that either float on the surface of or are in suspension in
water, sewage or other liquids and which are removable by laboratory filtering.
Any substance or combination of substances that:
Is listed as toxic in regulations promulgated by the Administrator of
the Environmental Protection Agency under the provisions of CWA 307(a) or
other Acts; or
Is present in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process, to
constitute a hazard to humans or animals, to create a public nuisance or to
create any hazard in the sewer system or in the receiving waters of the sewage
treatment plant.
An exceptional incident in which there is unintentional and temporary
noncompliance of permit effluent limitations because of factors beyond reasonable
control of the permittee, excluding such factors as operational error, improperly
designed or inadequate treatment facilities or improper operation and maintenance
or lack thereof.
Any person who contributes, causes or permits the contribution of
wastewater into the sewer system.
The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities and institutions, whether treated
or untreated, which is contributed into or permitted to enter the sewer system.
As set forth in Section 4 of this Article.
Any equipment using water as a cooling medium for purposes other
than air conditioning or refrigeration.
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 ground, natural or artificial,
public or private, which are contained within, flow through or border upon
the state or any portion thereof.
B.
Shall is mandatory; may is permissive.
C.
Abbreviations. The following abbreviations shall have
the designated meanings:
Abbreviations
|
Definition
| |
---|---|---|
BOD
|
Biochemical oxygen demand (5 Day)
| |
CFR
|
Code of Federal Regulations
| |
COD
|
Chemical oxygen demand
| |
EPA
|
Environmental Protection Agency
| |
F
|
Fahrenheit
| |
mg
|
Milligrams
| |
mg/l
|
Milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
POTW
|
Publicly owned treatment works
| |
SIC
|
Standard industrial classification
| |
SIU
|
Significant industrial user
| |
SNC
|
Significant noncompliance
| |
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.
| |
USC
|
United States Code
| |
TRC
|
Technical review criteria
| |
TSS
|
Total suspended solids
|
A.
Use of sewer system and admission of industrial waste.
(1)
All sewage and authorized industrial waste may be discharged
to the sewer system except those which are deemed harmful to the system or
are specifically prohibited by this Article.
(2)
No user shall discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface, drainage,
noncontact cooling water, drainage from tile fields or unpolluted process
waters to any sanitary sewer.
(3)
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the sewage treatment plant or pass-through
unaltered by the sewage treatment plant. These general prohibitions apply
to all such users of the sewer system whether or not the industrial user is
subject to National Categorical Pretreatment Standards or any other national,
state or local pretreatment limits or requirements.
(4)
Except as otherwise provided in this Article, no user
shall discharge or cause to be discharged to the sewer system any sewage,
industrial waste or other matter or substance:
(a)
Having a temperature which will inhibit biological activity
in the sewage treatment plant resulting in interference, but in no case wastewater
with a temperature at the introduction into the sewer system which exceeds
one hundred twenty degrees Fahrenheit (120° F.) or causes the wastewater
entering the sewage treatment plant to be at or above one hundred four degrees
Fahrenheit (104° F.) or is less than thirty-two degrees Fahrenheit (32°
F.).
(b)
Containing any liquids, solids or gases which by reason
of their nature or quantity, are, or may be sufficient, either alone or by
interaction with other substances to cause fire or explosion or be injurious
in any other way to the sewer system or to the operation of the sewage treatment
plant. At no time shall two (2) successive readings on any explosion hazard
meter, at the point of discharge into the system (or at any point in the system)
be more than five percent (5%) nor any single reading over ten percent (10%)
of the lower explosive limit (LEL) of the meter or having a closed cup flash
point of less than one hundred forty degrees Fahrenheit (140° F.). Prohibited
materials include, but are not limited to gasoline, fuel oil, kerosene, naphtha,
benzene and any other substances which are a fire hazard or a hazard to the
system.
(c)
Containing unground garbage with particles greater than
one-half-inch in any dimension.
(d)
Containing or reacting to form solid or viscous substances
or which may cause obstruction to the flow in a sewer or other interference
with the operation of the sewage treatment plant such as, but not limited
to: ashes, cinders, spent limestone, dust, sand, mud, straw, shavings, metals,
glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood,
paunch manure, bentonite, lye, building materials, rubber, asphalt residues,
hairs, bones, leather, porcelain, china, ceramic wastes, glass grinding or
polishing wastes, hydrolyzed fats or other solid or viscous substances capable
of causing obstruction or other interference with the operation of the sewer
system.
(e)
Having a pH, stabilized, lower than six point zero (6.0)
or higher than nine point zero (9.0) or having any other corrosive or scale
forming property capable of causing damage or hazard to structures, equipment,
bacterial action or personnel of the sewer system.
(f)
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 sewage treatment plant
or to exceed the limitation set forth in a National Categorical Pretreatment
Standard. A toxic pollutant shall include but not be limited to any pollutant
identified pursuant to Section 307(a) of the Act.
(g)
Containing 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.
(h)
Which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions,
which consequently imparts color to the POTW's effluent thereby violating
the Sewer Authority's NPDES permit.
(i)
Containing radioactive substances and/or isotopes of
such half-life or concentration as may exceed limits in compliance with applicable
state or federal regulations.
(j)
Containing discharges that result in toxic gases, fumes
or vapors in a quantity capable of causing injury or hazard to workers or
violations of any safety regulations, rules or practices regarding workers'
health or working conditions.
(k)
Prohibited by any permit issued by the Commonwealth of
Pennsylvania or the Environmental Protection Agency.
(l)
Containing any substance which will cause the sewage
treatment plant to violate its NPDES and/or state permit or the receiving
water quality standards.
(m)
Containing any substance which may cause the sewage treatment
plant's effluent or any other product of the sewage treatment plant 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 sewer system cause the sewage treatment plant to be in noncompliance
with recognized sludge use or disposal criteria, guidelines or regulations
developed under Section 405 of the Act; any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste Disposal
Act,[1] the Clean Air Act, the Toxic Substances Control Act or state criteria
applicable to the sludge management method being used.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(n)
Containing wastes which are not amenable to biological
treatment or reduction in existing treatment facilities, including but not
limited to nonbiodegradable complex carbon compounds.
(o)
Containing any organic compounds of endrin, lindane,
methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxypropionic
acid or other herbicides, pesticides or rodenticides.
(p)
Causing a hazard to human life or public nuisance.
(q)
Containing pollutants, including oxygen demanding pollutants
(BOD, etc.) released at a flow rate and/or pollutant concentration which will
cause interference to the POTW.
(r)
Containing petroleum oils, nonbiodegradable cutting oil
or mineral oil products in amounts that will cause interference or pass-through.
(5)
If any wastes of the characteristics listed in Subsection A(4) of this section are discharged by any user, the City may take such enforcement actions as deemed appropriate, as enumerated in § 383-26 of this Article, to cause such discharge to cease or to require pretreatment of the discharge so that it no longer has the characteristics of a prohibited discharge.
(6)
Grease, oil and sand interceptors or traps shall be provided
in restaurants, food preparation facilities, commercial kitchens, vehicle
and equipment repair shops, machine shops, swimming pools or water treatment
facilities, whose discharge would exceed, in the opinion of the control authority,
the limitations established in the local limits. All interceptors or traps
shall be of a type and capacity acceptable to the control authority and shall
be located as to be readily and easily accessible for cleaning and inspection.
(7)
The use of mechanical garbage grinders producing a finely
divided mass, properly flushed with an ample amount of water shall be permitted
upon the condition that no such mechanical garbage grinder to serve premises
used for commercial purposes shall be installed until permission for such
installation shall have been obtained from the control authority.
(8)
Where preliminary treatment or flow-equalizing facilities
are provided for any waters or wastes they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense and shall
be accessible to the control authority for inspection and testing.
B.
National Categorical Pretreatment Standards. The National Categorical Pretreatment Standards found in 40 CFR, Chapter I, Subchapter N, parts 403-472, are hereby incorporated. All industrial users which are categorical industrial users under provisions of one (1) or more categorical standards are significant industrial users and are required to obtain a wastewater contribution permit as described in § 383-23 of this Article.
C.
Modification of National Categorical Pretreatment Standards.
Where the sewage treatment plant achieves consistent removal of pollutants
limited by National Pretreatment Standards, the control authority may apply
to the approval authority for modification for specific limits in the National
Pretreatment Standards. "Consistent Removal" shall mean reduction in the amount
of a pollutant or alteration of the nature of the pollutant by the sewage
treatment plant to a less toxic or harmless state in the effluent which is
achieved by the system in ninety-five percent (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 control authority may then modify pollutant discharge limits in the National
Pretreatment Standards if the requirements contained in 40 CFR 403.7, are
fulfilled and prior approval from the approval authority is obtained.
D.
State requirements. State requirements and limitations
on discharges shall apply in any case where they are more stringent than federal
requirements and limitations or those in this Article.
E.
Control authority's right to revisions. The control authority reserves the right to establish more stringent limitations or requirements, including local limits, on discharges to the sewer system if deemed necessary to comply with the objectives presented in § 383-19 of this Article.
F.
Compliance with applicable pretreatment requirements.
Compliance with this Article and permits or orders issued hereunder, does
not relieve the industrial user from its obligations regarding compliance
with any and all applicable local, state and federal pretreatment standards
and requirements including any such standards or requirements that may become
effective during the term of a permit or order or this Article.
G.
Excessive discharge. No industrial user shall ever increase
the use of process water or other waters, 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 National Categorical Pretreatment Standards
or in any other pollutant specific limitations developed by the control authority
or state.
H.
Spill prevention and contingency plan.
(1)
All significant industrial users and those industrial
users identified by the control authority shall provide protection from any
discharge that could cause a problem to the POTW, whether intentional or accidental.
Facilities, equipment and materials to prevent these accidental or nonroutine
discharges shall be provided and maintained at the owner or industrial user's
own cost and expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the City Emergency Management
Coordinator, the County Emergency Management Coordinator and the control authority
for review and comment before the implementation of this plan. The plan shall
contain at least the following elements:
(a)
A description of discharge practices, including nonroutine
batch discharges.
(b)
A list and description of stored chemicals.
(c)
Procedures for promptly notifying the control authority
of slug load discharges, including any discharge that would violate a specific
prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification
within five (5) days.
(d)
Procedures to prevent adverse impact from accidental
spills, including 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.
(e)
If necessary, follow-up practices to limit the damage
suffered by the POTW or the environment.
(2)
All existing significant industrial users shall complete
such a plan within six (6) months of the effective date of this Article. No
industrial user who commences contribution to the sewer system after the effective
date of this Article shall be permitted to introduce pollutants into the system
until spill prevention and contingency plans have been approved by the control
authority. Review and approval of such plans and operating procedures shall
not relieve the industrial user from the responsibility to modify the industrial
user's facility as necessary to meet the requirements of this Article.
(3)
In the case of an accidental or intentional discharge,
or slug loading, it is the responsibility of the industrial user to immediately
notify the control authority of the incident. The notification shall include
location of discharge, type of waste, concentration and volume and corrective
actions.
I.
Written notice. Within five (5) days following an accidental
or intentional discharge, or slug loading, the industrial user shall submit
to the control authority a detailed written report describing the cause 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 sewer system, fishkills 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 or other applicable law.
J.
Notice to employees. 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 dangerous discharge. Employers shall
ensure that all employees who may cause or suffer such a dangerous discharge
to occur are advised of the emergency notification procedure.
K.
Notification requirement. All industrial users shall
notify the EPA Regional Waste Management Director, the state hazardous waste
authorities and Control Authority, in writing, of any discharges into the
POTW greater than fifteen (15) kilograms [thirty-three (33) pounds] of a substance,
which, if otherwise disposed of would be a hazardous waste under 40 CFR 261.
Discharge of more than fifteen (15) kilograms of nonacute hazardous waste
in a calendar month or of any quantity of acute hazardous waste as specified
in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification for each
hazardous waste discharged. The Control Authority must be notified of any
subsequent changes and/or additions to the hazardous waste discharges. For
industrial users commencing discharge after July 24, 1990, this notification
must be received within one hundred eighty (180) days of commencement of discharge.
Each notifying industrial user shall also submit a statement certifying that
it has a program in place to reduce the volume and toxicity of wastes generated
to the extent that it is economically practical.
L.
Drainage of water filtration systems. Filter backwash
shall be discharged to the sewer system as follows:
(1)
Sand filter backwash may be discharged to the sewer system.
(2)
Diatomaceous earth filter backwash, if discharged to
the sewer system shall be connected to the sewer system through settling tanks
with no less than three (3) months storage capacity of spent diatomaceous
earth, which tanks shall be readily accessible for removing solid waste for
disposal.
M.
Removal, transportation and disposal of sewage and industrial
wastes.
(1)
Any waste to be discharged from tank trucks or rail car
shall be disposed at the location designated at the sewage treatment plant
at the time or times and at a rate or rates of discharge fixed by the control
authority.
(2)
The wastes discharged by the tank trucks or rail car
into the sewer system shall not contain industrial waste, chemicals or other
matter, with or without pretreatment that does not conform to the requirements
of this Article. Conformity with this Article is to be determined by control
authority.
N.
Pretreatment requirements.
(1)
General. Industrial users shall design, construct, operate
and maintain at their own expenses wastewater pretreatment facilities whenever
necessary to reduce or modify the industrial user's wastewater to achieve
compliance with this Article, National Pretreatment Standards, any condition
or limitation contained in the industrial user's wastewater contribution
permit or any sludge limitation imposed by federal, state or local authorities.
The review or approval of pretreatment facility plans, specifications and
operating procedures by the control authority or its consulting engineer shall
not excuse or mitigate any violations by the industrial user of this Article
or any federal, state or local requirements.
(2)
Proper operation and maintenance. The industrial user
shall at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed or
used by the industrial user to achieve compliance with this Article. Proper
operation and maintenance includes but is not limited to: effective performance,
adequate funding, adequate operator staffing and training and adequate laboratory
and process control, including appropriate quality assurance procedures. This
provision requires the operation of backup or auxiliary procedures only when
necessary to achieve compliance with this Article.
(3)
Duty to halt or reduce activity. Upon reduction of efficiency
of operation or loss or failure of all or part of the treatment system the
industrial user shall, to the extent necessary to maintain compliance with
this Article, control its production or discharges (or both) until operation
of the treatment system is restored or an alternative method of treatment
is provided. It shall not be a defense for the industrial user in an enforcement
action that it would have been necessary to halt or reduce the activity in
order to maintain compliance with this Article.
(4)
Bypass of treatment facilities.
(a)
Bypass of treatment systems is prohibited unless it is
unavoidable to prevent loss of life, personal injury or severe property damage
or no feasible alternatives exist.
(b)
The industrial user may allow bypass to occur which does
not cause the effluent limitations to be exceeded, but only if it is also
for essential maintenance to assure efficient operation.
(c)
Notification of bypass.
[1]
Anticipated bypass. If the industrial user knows in advance
of the need for bypass, it shall submit prior written notice, at least ten
(10) days before the date of the bypass, to the control authority.
[3]
The steps being taken or to be taken to reduce, eliminate
and prevent a reoccurrence of the bypass.
(5)
Damage liability. The person producing and/or introducing
the waste shall be liable for all damages, increased costs of treatment, maintenance
or other costs directly attributable to such waste.
(6)
Disposal of sludges. Sludges, floats, oils, etc., generated
by industrial users must be contained and transported in a safe manner as
prescribed by the rules of regulatory agencies, including but not limited
to the United States Department of Transportation and handled by reputable
persons who shall dispose of all such wastes in accordance with all federal,
state and local regulations. The owner of such sludges, floats, oils, etc.,
shall keep records and receipts needed to demonstrate proper disposal for
review by the control authority upon request.
A.
Wastewater discharges. It shall be unlawful for the owner of an improved property or any other person to discharge to the sewer system, without first obtaining a permit from the control authority, any industrial waste except as authorized by the control authority in accordance with the provisions of this Article. Upon receipt of the permit application from the control authority, the industrial user will have forty-five (45) days to return the permit application completed and signed by an authorized representative or be subject to civil penalties as specified in § 383-27A of this Article.
B.
Wastewater contribution permit.
(1)
General. All significant industrial users proposing to
connect to or to contribute to the sewer system shall obtain a wastewater
contribution permit before connecting to or contributing to the sewer system.
All existing industrial users connected to or contributing to the sewer system
who are not presently permitted but anticipate changes in process or discharge
that will:
(a)
Cause that industry to be designated as a categorical
industry as defined by United States EPA National Categorical Pretreatment
Standard Discharge Limits.
(b)
Result in changes in discharge volume or character such
that the user meets the definition of significant industrial user; shall apply
for and obtain a wastewater contribution permit prior to discharging the modified
wastewater to the sewer system.
(2)
Permit application.
(a)
Industrial users required to obtain wastewater contribution
permit shall complete and file with the control authority, an application
in the form prescribed by the control authority and accompanied by a fee in
the amount specified by the current fee schedule. New industrial users shall
apply at least ninety (90) days prior to connecting to or contributing to
the sewer system. In support of the application, the industrial user shall
submit, in units and terms appropriate for evaluation, the following information:
[1]
Name, address and location (if different from the mailing
address).
[2]
Standard industrial classification (SIC) number according
to the Standard Industrial Classification Manual, Bureau of Budget, 1972,
as amended.
[3]
Wastewater constituents and characteristics required
by the control authority, as determined by a qualified analyst; 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 136, as
amended. In instances where an industrial user has not yet begun operation,
therefore wastewater constituents and characteristics are unknown, submission
of comparable data from similar industries will be accepted for permit application
purposes.
[4]
Time and duration of contribution.
[5]
Average daily and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variations, if any.
[6]
Site plans, floor plans, mechanical and plumbing plans,
spill prevention and containment and details to show all sewers, sewer connections
and appurtenances by the size, location and elevation.
[7]
Description of activities, facilities and plant processes
on the premises including all materials which could be discharged, whether
intentionally or unintentionally by spilling, overflowing, leaking or other
manner of escape.
[8]
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any control authority or state regulations,
National Categorical Pretreatment Standards or National Prohibitive Standard
and a statement certified to by a qualified professional regarding whether
or not the 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 industrial user to meet applicable National Categorical
Pretreatment Standards or local limits.
[9]
If additional pretreatment and/or operation and maintenance
will be required to meet the National Categorical Pretreatment Standards or
local limits; the shortest schedule by which the industrial user will provide
such additional pretreatment. The completion date in this schedule shall not
be later than the compliance date established for the applicable National
Categorical Pretreatment Standard or, in the case of local limits, such a
date as determined by the control authority. The following conditions shall
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 required for
the industrial user to meet the applicable pretreatment standards (e.g., hiring
an engineer, completing preliminary plans, completing final plans, executing
contract for major components, commencing construction, completing construction,
etc.).
[b]
No increment referred to in Subsection B(2)(a)[9][a]
shall exceed nine (9) months.
[c]
Not later than fourteen (14) days following each date
in the schedule and the final date for compliance, the industrial user shall
submit a progress report to the control authority 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 industrial
user to return the construction to the schedule established. In no event shall
more than nine (9) months elapse between such progress reports to the control
authority.
[10]
Each product produced by type, amount, process or processes
and rate of production.
[11]
Type and amount of raw materials processed (average and
maximum per day).
[12]
Number and type of employees and hours of operation of
plant and proposed or actual hours of operation of pretreatment system.
[13]
Any other information as may be deemed by the control
authority to be necessary to evaluate the permit application.
(b)
The control authority will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the control authority may issue a wastewater contribution permit subject to terms and conditions provided herein. Applicants wishing to claim confidentiality of information required in the application shall indicate on the application which information is of a confidential nature. Wastewater constituents and characteristics shall not be considered as confidential information. Confidential information shall be treated as set forth in § 383-23D of this Article, and in accordance with 40 CFR 2.
(3)
Permit modification.
(a)
A wastewater contribution permit may be modified for
good cause, including but not limited to the following:
[1]
To incorporate any new or revised federal, state or local
pretreatment standards or requirements;
[2]
Material or substantial alterations or additions to the
significant industrial user's operation processes or discharge volume
or character which were not considered in drafting the effective permit.
[3]
A change in any condition in either the industrial user
or the sewer system that requires either a temporary or permanent reduction
or elimination.
[4]
Information indicating that the permitted discharge poses
a threat to the Sewer Authority's collection and treatment system, personnel
or the receiving stream.
[5]
Violation of any terms or conditions of the permit.
[6]
Misrepresentation or failure to disclose fully all relevant
facts in the permit application or in any required reporting.
[7]
Revision of or a grant of variance from such categorical
standards pursuant to 40 CFR 403.13.
[8]
To correct typographical or other errors in the permit.
[9]
To reflect transfer of the facility ownership and/or
operation to a new owner/operator.
[10]
Upon request of the permittee, provided that such a request
does not create a violation of any applicable requirements, standards, laws
or rules and regulations.
(b)
The filing of a request by the permittee for a permit
modification does not stay any permit condition.
(4)
Application signatories and certification. All wastewater
contribution permit applications and subsequent industrial user reports must
be signed by an authorized representative of the industrial user and contain
the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage
the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment
for knowing violations."
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(5)
Permit conditions. Wastewater contribution permits shall
be expressly subject to all provisions of this Article and all other applicable
regulations, industrial user charges and fees established by the control authority.
Permits may contain the following:
(a)
The unit charge or schedule of industrial user charges
and fees for the wastewater to be discharged to the sewer system.
(b)
Limits on the average and maximum wastewater constituents
and characteristics.
(c)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(d)
Requirements for installation and maintenance of inspection
and sampling facilities.
(e)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling (twice per year at minimum), number,
types and standards for tests and reporting schedule.
(f)
Compliance schedule.
(g)
Requirements for submission of technical reports, discharge
reports or baseline monitoring reports.
(h)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the control authority and
affording control authority access thereto.
(i)
Requirements for notification of the control authority
for any new introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the sewer system.
(j)
Requirements for notification of slug load discharges.
(k)
A statement of duration, as set forth in § 383-23B(6) of this Article.
(l)
A statement of nontransferability, as set forth in § 383-23B(7) of this Article.
(m)
A statement of the applicable civil and criminal penalties as set forth in § 383-27 of this Article.
(n)
Other conditions as deemed appropriate by the control
authority to ensure compliance with this Article.
(6)
Permit duration. Permits shall be issued for a specified
time period, not to exceed five (5) years. A permit may be issued for a period
less than a year or may be stated to expire on a specific date. The industrial
user shall apply for permit reissuance a minimum of ninety (90) days prior
to the expiration of the significant industrial user's existing permit.
The terms and conditions of the permit may be subject to modification by the
control authority during the term of the permit as limitations or requirements
as identified in Section 2 are modified or other just cause exists. The significant
industrial user shall be informed of any proposed changes in his permit at
least thirty (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.
(7)
Permit transfer. Wastewater contribution permits are
issued to a specific significant industrial user for a specific operation.
A wastewater contribution permit shall not be reassigned or transferred or
sold to a new owner, new industrial user, different premises or a new or changed
operation without the approval of the control authority. Any succeeding owner
or industrial user shall also comply with the terms and conditions of the
existing permit.
(8)
Permit appeals.
(a)
The permittee may petition to appeal the terms of a permit
within thirty (30) days of issuance. This petition must be in writing; failure
to submit a petition for review shall be deemed to be a waiver of the right
of appeal. In its petition, the permittee must indicate the permit provisions
objected to, the reasons for this objection and the alternative condition,
if any, it seeks to be placed in the permit.
(b)
The effectiveness of the permit shall not be stayed pending
a reconsideration by the control authority. The control authority, or its
appointed agent other than the permit writer, shall review the petition and
any pertinent information provided by the permit writer and determine if a
reconsideration of any permit condition or requirement is proper. If so decided,
the control authority shall remand the permit to the permit writer for reconsideration
of the enumerated conditions or requirements. Upon being so directed the permit
writer shall reexamine the relevant portions of the permit and reissue the
permit with any revisions he determines to be proper and allowable. After
remand to the permit writer and prior to permit reissuance, those permit conditions
or requirements under reconsideration shall not be enforced and prior enforcement
actions regarding those conditions or requirements shall be held in abeyance
until reissuance of the permit.
(c)
The control authority's decision not to reconsider
a final permit or the reissuance of a reconsidered permit shall be considered
final administrative action for purposes of judicial review. The permittee
seeking judicial review of the control authority's final action must
do so by filing a complaint with the Court of Common Pleas for Lackawanna
County within the prescribed statute of limitations.
(9)
Waste characteristic change. Any owner of an improved
property who is discharging industrial waste into the sewer system and who
contemplates a change in materials, processes or method of the industrial
operation producing the waste, or in the pretreatment facilities, which change
will result in a change in the nature of the industrial waste then being discharged
into the sewer system shall apply for a new wastewater contribution permit
at least thirty (30) days prior to such change. The revised wastewater contribution
permit will be subject to a fee. Approval or disapproval of a modified permit
shall be regulated by the procedures established hereunder for the issuance
of an original permit.
(10)
Separation of wastes. In the case of complete separation
of sanitary sewage from industrial wastes within an establishment, with only
the sanitary wastes discharged to the sanitary sewer, no wastewater contribution
permit shall be required. The control authority retains the right to verify
discharge characteristics and inspect the establishment.
(11)
Files. The control authority and all industrial users
shall maintain a permanent file in which copies of all monitoring activities
and results, reports, permits, revisions thereto and supporting data are filed
for a minimum of three (3) years. In cases of unresolved litigation all such
files shall be retained as long as necessary, or as required by the approval
authority.
(12)
Continuation of expired permits. An expired wastewater
contribution permit will continue to be effective and enforceable until the
permit is reissued if:
(a)
The permittee has submitted a completed permit application
at least ninety (90) days prior to the expiration date of the significant
industrial user's existing permit.
(b)
The failure to reissue the permit, prior to the expiration
of the previous permit, is not due to any act or failure to act on the part
of the permittee.
(13)
Duty to comply. The permittee must comply with all conditions
of a wastewater contribution permit. Failure to comply with the requirements
of a permit may be grounds for administrative action, or enforcement proceedings
including civil or criminal penalties, injunctive relief, and summary abatements.
C.
Reporting requirements for permittee.
(1)
Baseline monitoring reports.
(a)
Upon the promulgation of a National Categorical Pretreatment
Standard, the wastewater contribution permit of the significant industrial
user subject to such standards shall be revised as soon as possible to comply
with such standard within the time frame prescribed by such standard.
(b)
Where the user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by § 383-23B, the user shall, within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard:
[1]
Apply for a wastewater contribution permit.
[2]
Provide the baseline monitoring information required
by 40 CFR 403.12(b). This information may be incorporated into the application
for a wastewater contribution permit.
[3]
Submit with the baseline monitoring report a compliance
schedule which contains, at minimum, the following:
[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 required for
the industrial user to meet the applicable pretreatment standards (e.g. hiring
an engineer, completing preliminary plans, completing final plans, executing
contract for major components, commencing construction, completing construction,
etc.).
[b]
No increment referred to in Subsection C(1)(b)[3][a]
shall exceed nine (9) months.
[c]
Not later than fourteen (14) days following each date
in the schedule and the final date for compliance, the industrial user shall
submit a progress report to the control authority 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 industrial
user to return the construction to the schedule established. In no event shall
more than nine (9) months elapse between such progress reports to the control
authority.
(c)
A significant industrial user with an existing wastewater
contribution permit shall submit to the control authority, within one hundred
eighty (180) days after the promulgation of an applicable National Categorical
Pretreatment Standard, the information required by 40 CFR 403.12(b).
(d)
A new source, or a user that becomes a significant industrial
user subject to a National Categorical Pretreatment Standard, shall submit
a report containing the information required by 40 CFR 402.12(6) at least
ninety (90) days prior to commencement of discharge from the regulated process
or facility.
(e)
A baseline monitoring report, provided under Subsection C(1)(b)[2], C(1)(c) or C(1)(d) of this section, shall be signed by an authorized representative of the industrial user and certified to by a qualified professional as to the correctness of the information contained therein.
(2)
Pretreatment standard compliance reporting. Within ninety
(90) days following the date for final compliance with applicable National
Categorical Pretreatment Standards or, in the case of a new source, following
commencement of the introduction of wastewater into the sewer system, any
industrial user subject to National Categorical Pretreatment Standards and/or
requirements shall submit to the control authority a report indicating the
nature and concentration of all pollutants in the discharge from the regulated
process which are limited by National Categorical Pretreatment Standards and/or
requirements and the average and maximum daily flow for these process units
in the industrial user's facility which are limited by such National
Categorical Pretreatment Standards or requirements. The report shall state
whether the applicable National Categorical Pretreatment Standards or requirements
are being met on a consistent basis and, if not, what additional operation
and maintenance and/or pretreatment is necessary to bring the industrial user
into compliance with the applicable National Categorical Pretreatment Standards
or requirements. This statement shall be signed by an authorized representative
of an industrial user and certified to by a qualified professional.
(3)
Industrial waste contribution report.
(a)
All significant industrial users shall submit to the
control authority reports indicating the nature and concentration of pollutants
in the discharge which are limited by Pretreatment Standards or Pretreatment
Regulations.
[1]
Industrial users subject to National Categorical Pretreatment
Standards, after the compliance date of the standard, or in the case of a
new source after the commencement of discharge into the sewer system, shall
submit these reports ten (10) days prior to the first day of June and December,
unless different dates or more frequent reports are required by the National
Categorical Pretreatment Standard or the control authority.
[2]
Significant industrial users not subject to National
Categorical Pretreatment Standards shall submit these reports as specified
by the SIU's wastewater contribution permit.
[3]
Each report shall provide the required information for
the period since the previous report (e.g., May through October).
[4]
This report shall specifically contain, but not necessarily
be limited to, concentration levels of those pollutants which are limited
by the industrial user's National Categorical Pretreatment Standard or
the local limits. If requested by the industrial user, the control authority
will perform the required analyses and will bill the industrial user accordingly.
[5]
In addition, this report shall include a record of all
daily flows which, during the reporting period, exceeded the average daily
flow reported in § 383-23B(2)(e) of this Article. At the discretion
of the control authority and in consideration of such factors as local high
or low flow rates, holidays, budget cycles, etc., the control authority may
agree to alter the months during which the above reports are to be submitted.
(b)
The control authority may impose mass limitations on significant industrial users regulated by concentration based National Categorical Pretreatment Standards or local limits or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection C(1)(a) of this subsection shall indicate the mass of pollutants regulated by National Categorical Pretreatment Standards or the local limits 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 where requested by the control authority, of pollutants contained therein which are limited by the applicable National Categorical Pretreatment Standard or local limits.
(c)
All sampling and analysis shall be performed in accordance
with procedures established by the Environmental Protection Agency pursuant
to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto.
Where 40 CFR 136 does not include a sampling or analytical technique for the
pollutant in question, sampling and analysis shall be performed in accordance
with the procedures set forth in the EPA publication, Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants,
April 1977, and amendments thereto.
(4)
Violation and sampling reports. If a significant industrial
user, as a result of valid sampling and analysis, becomes aware of a violation
of any National Categorical Pretreatment Standard, any discharge standard
imposed by this Article or contained in a wastewater contribution permit,
the SIU shall notify the control authority of this fact within twenty-four
(24) hours of becoming aware of it. Additionally, the SIU shall provide for
additional sampling and analysis and submit a report of the results of this
sampling and analysis to the control authority within thirty (30) days of
becoming aware of the violation.
D.
Sampling, flow measurement, testing and inspection.
(1)
Every significant industrial user whose property is serviced
by a building sewer carrying industrial waste shall install at his expense
a suitable control manhole together with such necessary meters and other appurtenances
in the building or lateral sewer to facilitate observation sampling, and measurement
of the waste. The monitoring facility should normally be situated on the industrial
user's premises, but the control authority may, when such a location
would be impractical or cause undue hardship on the industrial user, allow
the facility to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles. There
shall be ample room in or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. The facility, sampling,
and measuring equipment shall be maintained at all times in a safe and proper
operating condition at the expense of the industrial user. Whether constructed
on public or private property, the sampling and monitoring facilities shall
be provided in accordance with the control authority's requirements and
all applicable local construction standards and specifications.
(2)
Persons or occupants of premises where wastewater is
created or discharged to the sewer system shall provide the control authority
and its representatives and agents bearing proper credentials and I.D. the
opportunity of access at any time to any part of any property served by the
sewer system as shall be required for purposes of inspection, measurement,
sampling, testing, records examination and records copying, for ascertainment
of whether the purpose of this Article is being met and all requirements are
being complied with, and for performance of other functions relating to service
rendered by the control authority. The control authority, the Pennsylvania
Department of Environmental Protection and the United States EPA shall have
the right to set up on the industrial user's property such devices as
are necessary to conduct sampling inspection, compliance monitoring and/or
metering operations. Where an industrial user has security measures in force
which would require proper identification and clearance before entry into
their premises, the industrial user shall make necessary arrangements with
their security guards so that upon presentation of suitable identification,
personnel from the control authority, the Department of Environmental Protection
and the United States EPA will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities.
(3)
All measurements, tests and analysis of the characteristics
of waters and wastes to which reference is made in this Article shall be determined
using methodologies found in 40 CFR 136 and shall be under the direct supervision
of a qualified analyst at the control manhole provided, or upon suitable samples
taken at such control manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the nearest downstream
manhole in the public sewer to the point at which the building sewer is connected.
The control manhole shall contain only the wastewater of the industry being
monitored and no flows from other sources. Sampling shall be carried out by
customarily accepted methods to reflect the effect of constituents upon the
sewage works and to determine the existence of hazards to life, limb and property.
The particular analyses involved will determine whether a composite or grab
sample of all outfalls of a premise is appropriate.
(4)
The costs of all sampling, testing, inspection and other
monitoring activities shall be borne by the respective industrial user. The
control authority will sample and analyze the discharge of each significant
industrial user holding a wastewater contribution permit at least once per
year. The fees for such sampling and analysis will be billed to and shall
be paid by the significant industrial user.
(5)
The control authority shall annually prepare and make
available to the public upon request a report listing those significant industrial
users which were found to be in violation of one (1) or more provisions of
this Article, or any order or permit issued by the control authority at least
once during the previous calendar year. The report shall also summarize any
enforcement actions taken against a significant industrial user(s) during
the same twelve (12) months.
(6)
Both the significant industrial users and the control
authority shall maintain all records relating sampling and testing and all
other information obtained relating to compliance with National Categorical
Pretreatment Standards, this Article or the SIU's wastewater contribution
permit for a period of three (3) years, and all such records shall be made
available to officials of the EPA or approval authority upon request.
(7)
Information and data on an industrial user obtained from
reports, questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other government
agency without restriction, unless the industrial user specifically requests
and is able to demonstrate to the satisfaction of the control authority that
the release of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the industrial user.
The control authority will maintain a list of all persons, groups or governmental
agencies requesting information, the information supplied and date supplied.
When requested the portions of a report which might disclose trade secrets
or secret processes shall not be made available for inspection by the public
but shall be made available upon written request to governmental agencies
for uses related to this Article, the National Pollutant Discharge Elimination
System (NPDES) Permit, State Disposal System Permit and/or the Pretreatment
Programs; provided, however, that such portions of a report shall be available
for use by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
A.
Purpose. It is the purpose of this section to provide
for the recovery of costs from industrial users of the control authority's
sewer system for the implementation of the program established herein. The
applicable charges or fees shall be set forth in the control authority's
schedule of charges and fees.
B.
Charges and fees.
(1)
The control authority may from time to time collect charges
and fees to include:
(a)
Fees for reimbursement of costs of setting up and operating
the control authority's Pretreatment Program.
(b)
Fees for monitoring, inspections and surveillance procedures.
(c)
Fees for yearly sampling and analyses of industrial user's
discharge.
(d)
Fees for reviewing accidental discharge procedures and
construction.
(e)
Fees for permit and modified permit applications.
(f)
Fees for filing appeals.
(g)
Other fees as the control authority 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 control authority.
These fees shall be payable by the industrial user within forty-five (45)
days of notification, or the industrial user will be subject to such enforcement
action deemed appropriate by the control authority, including but not limited
to revocation of permit.
A.
Definition of noncompliance. Any violation of pretreatment
requirements (including, but not limited to limits, sampling, analysis, reporting
and meeting compliance schedules and regulatory deadlines) is an instance
of noncompliance for which the industrial user is liable for enforcement,
including penalties. Instances of SNC are industrial user noncompliance which
meet one (1) or more of the following criteria:
(1)
Violations of wastewater discharge limits.
(a)
Chronic violation. Sixty-six percent (66%) or more of
the measurements exceed the same daily maximum limit or the same average limit
in a six (6) month period (any magnitude of exceedance).
(b)
Technical Review Criteria (TRC) violations.
[1]
Thirty-three percent (33%) or more of the measurements
exceed the same daily maximum limit or the same average limit by more than
the TRC in a six (6) month period.
[2]
There are two groups of TRC's: Group I for compatible
pollutants (conventional and nonconventional), BOD, TSS, Oil/Grease, Ammonia-Nitrogen,
TRC = + 40%; Group II for all other pollutants, TRC = + 20%.
(c)
Any other violation(s) of a discharge limit (average
or daily maximum) that the control authority believes has caused, alone or
in combination with other discharges, interference or pass-through or endangered
the health of treatment plant personnel or the public.
(d)
Any discharge of a pollutant that has caused imminent
endangerment to human health or welfare, or to the environment and has resulted
in the control authority exercising its emergency authority to halt or prevent
such a discharge.
(e)
Violations of compliance schedule milestones, contained
in the permit or enforcement order, for starting construction, completing
construction and attaining final compliance by ninety (90) days or more after
the scheduled date.
(f)
Failure to provide reports for compliance schedules,
self-monitoring data or National Categorical Pretreatment Standard standards
(baseline monitoring reports, ninety-day compliance reports and periodic reports)
within thirty (30) days from the due date.
(g)
Failure to accurately report noncompliance.
(h)
Any other violation or group of violations that the control
authority considers to be significant.
(2)
An industrial user in significant noncompliance, is a
significant violator. For all significant violators during any calendar year,
the control authority shall:
(a)
Report this information to the approval authority as
part of the Pretreatment Performance Summary of industrial user noncompliance.
(b)
Annually publish, in the local newspaper of the largest
circulation, a list of all significant violators, the nature of the violation(s)
leading to a finding of significant noncompliance and a summary of actions
taken to resolve the significant noncompliance.
(c)
Address the SNC through appropriate enforcement action
or document the reasons for withholding enforcement.
A.
When making determinations regarding the level of the
enforcement, the control authority will consider the severity of the violation,
degree of variance from the pretreatment standards or local limits, the duration
of the violation and the fairness, equity, consistency and integrity of the
pretreatment program.
B.
Enforcement response criteria.
(1)
Emergency authority to suspend or terminate service.
(a)
The control authority may suspend the wastewater treatment
service and/or the wastewater contribution permit of any industrial user,
when such suspension is necessary, in the opinion of the control authority,
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,
to the environment or causes interference to the sewer system or causes the
control authority to violate any condition of the POTW 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 discharge. In the event of a failure of the person to
comply voluntarily with suspension order, the control authority shall take
such steps as deemed necessary including immediate severance of the sewer
connection, to prevent or minimize damage to the sewer system or endangerment
to any individuals.
(2)
The control authority shall reinstate the wastewater
contribution permit and/or the wastewater treatment service upon proof of
the elimination of the noncomplying discharge. A detailed written statement
submitted by the industrial user describing the causes of the harmful discharge
and the measures taken to prevent any future occurrence shall be submitted
to the control authority within five (5) days of the date of the occurrence.
(3)
Enforcement response guide. For violations not requiring
the control authority to invoke its emergency authority, certain guidelines
shall be developed by the control authority and used to determine the appropriate
enforcement action to be taken. In instances of continuing violations, enforcement
actions, increasing in severity, shall be used until compliance is attained.
These guidelines shall be made available for inspection upon request and may
contain the following enforcement actions:
(a)
Notice of violation. Whenever the control authority finds
that any industrial user has violated or is violating this Article, a wastewater
contribution permit or order issued hereunder or any prohibition, limitation
of requirements contained herein, the control authority may serve upon said
industrial user a written notice stating the nature of the violation(s). Within
ten (10) days of the date of the receipt, a plan for the satisfactory correction
and prevention thereof shall be submitted to the control authority by the
industrial user. Submission of this plan in no way relieves the industrial
user of liability for any violation occurring before or after receipt of the
notice of violation.
(b)
Consent orders. The control authority is hereby empowered to enter into consent orders, assurances of voluntary compliance, or similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to § 383-26B(3)(d) below.
(c)
Show cause hearing. The control authority may order any
industrial user which causes or contributes to violation of this Article or
a wastewater contribution permit or orders issued hereunder, to show cause
why a proposed enforcement action should not be taken. A notice shall be served
on the industrial user specifying the time and place of a hearing to be held
by the control authority regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action and directing the industrial
user to show cause before the control authority why the proposed enforcement
action should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least ten
(10) days before the hearing. Such notice may be served on any principal executive
officer, general partner, corporate officer or duly authorized agent thereof.
Whether or not a duly notified industrial user appears as noticed, immediate
enforcement action may be pursued.
[1]
The control authority may itself conduct the hearing
and take the evidence, or may designate any of its members or any officer,
employee or agent of the City to:
[a]
Issue in the name of the control authority notices of
hearings requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings.
[b]
Take the evidence.
[c]
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the control
authority for action thereon.
[2]
At any hearing held pursuant to this Article, testimony
taken must be under oath and recorded stenographically. The transcript, so
recorded, will be made available to any member of the public or any party
to the hearing upon payment of the usual charges thereof.
[3]
After the control authority has reviewed the evidence,
it may issue an order to the industrial user responsible for the discharge
directing that, following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
have been installed on existing treatment facilities or that existing devices
or other related appurtenances are properly operated. Further orders and directives
as are necessary and appropriate may be issued.
(d)
Compliance order. When the control authority finds that
an industrial user has violated or continues to violate this Article or a
wastewater contribution permit or orders issued thereunder, an order may be
issued to the industrial user responsible for the discharge directing that,
following a specific time period, sewer service shall be discontinued unless
adequate treatment facilities, devices or other related appurtenances have
been installed and are properly operated. Orders may also contain other requirements
as might be reasonably necessary and appropriate to address the noncompliance,
including but not limited to the installation of pretreatment technology,
additional self-monitoring and management practices.
(e)
Injunctive relief. Whenever a person has violated or
continues to violate the provisions of this Article or a wastewater contribution
permit or orders issued hereunder, the control authority, through the solicitor,
may petition the court for issuance of preliminary or permanent injunction
or both (as may be appropriate) which restrains or compels the activities
on the part of that person.
(f)
Civil proceedings. If any user violates the provisions
of this Article, any wastewater contribution permit, any order issued to that
user by the control authority or any other applicable state or national law,
regulation or rule, the control authority Solicitor may commence an action
for appropriate legal and/or equitable relief in the Court of Common Pleas
of Lackawanna County.
(g)
Criminal proceedings. Any person who willfully or negligently
violates any provision of this Article, a wastewater contribution permit or
orders thereunder or who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other document
filed or required to be maintained pursuant to this Article or wastewater
contribution permit or who falsifies, tampers with or knowingly renders inaccurate
any monitoring device or method required under this Article, the control authority
Solicitor may request the District Attorney of Lackawanna County to commence
appropriate legal action.
(h)
Revocation of permit.
[1]
Any industrial user who violates the following conditions
of this Article, a wastewater contribution permit, orders thereunder or applicable
state and federal regulations, is subject to having its permit revoked:
[a]
Failure of an industrial user to factually report the
wastewater constituents and characteristics of his discharge.
[b]
Failure of the industrial user to report significant
changes in operations or wastewater constituents and characteristics.
[c]
Refusal of reasonable access to the industrial user's
premises for the purpose of inspection or monitoring.
[d]
Violation of conditions of the permit.
[2]
If a permit is revoked, the control authority may take
steps it deems advisable, including severance of the sewer connection, to
promote compliance with this Article.
A.
Civil penalties. Any user who is found to have violated
an order of the City Council or fails to comply with any provision of this
Article or any orders, rules, regulations and permits issued hereunder, shall
be fined not more than ten thousand dollars ($10,000.) for each offense. Each
day on which a violation shall occur or continue shall be deemed a separate
and distinct offense. In addition to the penalties provided herein, the control
authority may recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by appropriate suit
at law against the person found to have violated this Article or the orders,
rules, regulations and permits issued hereunder.
B.
Criminal penalties. Any individual who knowingly, willfully
or intentionally makes any false statements, representation or certification
in any application, record, report, plan or other document filed or required
to be maintained pursuant to this Article or wastewater contribution permit
or who falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this Article shall, upon conviction, be punished
by a fine of not less than one thousand dollars ($1,000.) or more than one
hundred thousand dollars ($100,000.) and/or by imprisonment for not more than
one year.
C.
Recovery of costs incurred. In addition to civil and
criminal penalties, the industrial user violating any of the provisions of
this Article or the industrial user's wastewater contribution permit
that causes damage to or otherwise inhibits the control authority's Sewer
System and/or Sewage Treatment Plant, shall be liable to the control authority
for any expenses, loss, or damage caused by such violation or discharge. The
control authority shall bill the industrial user for costs incurred by the
control authority for any cleaning, repair, or replacement work caused by
the violation or discharge. Refusal to pay the assessed costs shall constitute
a separate violation of this Article and subject the industrial user to Revocation
of Permit as specified in Section 7.1, 2(i) of this Article.
D.
Enhanced penalty authority. In addition to the remedies stated in § 383-26 of this Article, and penalties as specified in this Section, Act 90, House Bill No. 795, enacted March 17, 1992, is incorporated herein by reference, in order to enhance the ability to enforce industrial pretreatment standards against industrial users of POTW's.
The relationship between the City of Scranton and the Sewer Authority
of the City of Scranton is governed by the provisions of the 1968 Trust Indenture
and Lease and the Operating Agreement of 1990 and other applicable ordinances.