All significant users proposing to connect to or contribute
to the public sanitary sewer system shall obtain a wastewater discharge
permit before connection to or contributing to the public sanitary
sewer system. A "significant user" is one whose discharge flow is
25,000 gallons or greater per average workday, or is found by the
Township of White, Borough of Indiana or the United States Environmental
Protection Agency to have significant impact, either singly or in
combination with other contributing industries, on the wastewater
treatment system, the quality of sludge, the system's effluent
quality or emissions generated by the system. All existing significant
users connected to or contributing to the public sanitary sewer system
shall obtain a wastewater contribution permit within 180 days after
the effective date of this Part 3. The Township of White may, at its
discretion, require any person discharging industrial waste or industrial
waste and sanitary sewage combined, which such person has obtained
a permit from the Township into the public sewer system, to install
a suitable manhole or manholes on his connecting sewer or sewers to
facilitate observation. Such manhole or manholes is to be installed
by such person at his or her expense, to be maintained by him so as
to be safe and accessible to the Township of White at all times and
to be constructed in accordance with the plans approved by the Township.
A. Users required to obtain a wastewater contribution permit shall complete
and file with the Township an application in the form prescribed by
the Township and accompanied by a fee as set by resolution of the
Board of Supervisors. Existing users shall apply for a wastewater contribution
permit within 30 days after the effective date of this Part 3 and
proposed new users shall apply at least 90 days prior to connecting
to or contributing to the public sanitary sewer system. In support
of the application, the user shall submit, in units and terms appropriate
for evaluation, the following information:
(1) Name, address and location (if different from the address).
(2) SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
(3) Wastewater constituents and characteristics, including, but not limited to, those mentioned in §
235-13 of this Part
3, as determined by a reliable analytical laboratory, sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304 (g) of the Act and contained in 40 CFR Part 136, as amended.
(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 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 are or could be discharged.
(8) Where known, the nature and concentration of any pollutants in the
discharge which are limited by any Township, city, 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.
(9) 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 application pretreatment standard. 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 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 this section shall exceed nine months.
(c)
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 Township Manager, 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
the Township Manger.
(10)
Each product produced by type, amount, process or processes
and rates 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 Borough to be
necessary to be necessary to evaluate the permit application.
B. The Township will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Township may issue a wastewater contribution
permit subject to terms and conditions provided herein.
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 such 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 §
235-12, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Township Manager within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required in §
235-12A(8) and
(9).
Wastewater discharge permits shall be expressly subject to all
provisions of this Part 3 and all other applicable regulations, user
charges and fees established by the Township. Permits may contain
the following:
A. The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
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, number, types and standards for
tests and reporting schedule.
G. Requirements for submission of technical reports or discharge reports (see §
235-17).
H. Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Township and affording
Township access thereto.
I. Requirements for notification of the Township of 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.
J. Requirements for notification of sludge discharges.
K. Other conditions as deemed appropriate by the Borough to ensure compliance
with this Part 3.
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 Township during the term of the permit as limitations or requirements as identified in §
235-14 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.
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 Township.
Any succeeding owner or user shall also comply with the terms and
conditions of the existing permit.
A. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the public sanitary sewer system, shall submit to the Township Manager for the public sanitary sewer system during the months of June and December, unless required more frequently in the pretreatment standard or by the Township Manager for the public sanitary sewer system, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in §
235-14 of this Part
3. At the discretion of the Township Manager for the public sanitary sewer system and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent for the public sanitary sewer system may agree to alter the months during which the above reports are to be submitted.
B. The Township Manager for the public sanitary sewer system may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by §
235-12 of this Part
3 shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the 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 Township Manager for the public sanitary sewer system, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Act and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 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, or with any other sampling and analytical procedures approved by the Administrator.
A. The Township shall require to be provided and operated, at the user's
own expense, monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises, but the Borough may, when such a location would be impractical
or cause undue hardship on the 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.
B. 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 user.
C. Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Township's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Borough.
The Township shall inspect the facilities of any user to ascertain
whether the purpose of this Part 3 is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Township or their representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or in
the performance of any of their duties. The Township, approval authority
and (where the NPDES state is the approval authority) EPA shall have
the right to set up on the user's property such devices as are
necessary to conduct sampling inspection, compliance monitoring and/or
metering operations. Where a user has security measures in force which
would require proper identification and clearance before entry into
their premises, the user shall make necessary arrangements with their
security guards so that upon presentation of suitable identification,
personnel from the Township, approval authority and EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
A. Users shall provide necessary wastewater treatment as required to
comply with this Part 3 and shall achieve compliance with all federal
categorical pretreatment standards within the time limitations as
specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the Township
shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Township for review and shall be acceptable
to the Township before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Township under the provisions
of this Part 3. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Township prior to the user's initiation of the changes.
B. The Township shall annually publish in the Indiana Evening Gazette
a list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the 12 previous months.
The notification shall also summarize any enforcement actions taken
against the user during the same 12 months.
C. All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
A. Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Borough that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B. When requested by the person furnishing a report, 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 relating
to this Part 3, 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.
C. Information accepted by the Township as confidential shall not be
transmitted to any governmental agency or to the general public by
the Township until and unless a ten-day notification is given to the
user, except to the Operating Administrator of the Indiana Borough
Sewage Treatment System.
Any wastewater having a temperature which will inhibit biological
activity in the public sewer system treatment plant is a prohibited
discharge. In no case is wastewater allowed with a temperature at
the junction of the public sanitary sewer system which exceeds 40°
C. (104° F.) unless the public sanitary sewer system treatment
plant is designed to accommodate such temperature.
Upon the promulgation of the federal categorical pretreatment
standards for a particular subcategory, the federal standard, if more
stringent than limitations imposed under this Part 3 for sources in
that subcategory, shall immediately supersede the limitations imposed
under this Part 3. The Superintendent for the public sanitary sewer
system shall notify all affected users of the applicable reporting
requirements under 40 CFR 403.12.
Any person, firm or corporation who shall violate any provision of this Part
3, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part
3 continues or each section of this Part
3 which shall be found to have been violated, after having been notified by Township Supervisors or by the service of a summons in a prosecution or in any other way that he is violating this Part
3, shall constitute a separate offense.
A. The Township may suspend the wastewater treatment service and/or
a wastewater contribution permit when such suspension is necessary,
in the opinion of the Township, 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,
causes interference to the public sanitary sewer system or causes
the Township to violate any condition of its NPDES permit.
B. Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Borough shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the public
sanitary sewer system or endangerment to any individuals. The Township
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 user describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Township within 15
days of the occurrence.
Any user who violates the following conditions of this Part
3, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of §
235-31 of this Part
3:
A. Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
B. Failure of the user to report significant changes in operations or
wastewater constituents and characteristics.
C. Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
D. Violation of conditions of the permit.
Whenever the Township finds that any user has violated or is
violating this Part 3, wastewater contribution permit or any prohibition,
limitation of requirements contained herein, the Township may serve
upon such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Township by the user.
The Township may order any user who causes or allows an authorized
discharge to enter the public sanitary sewer system to show cause
before the Township Supervisors why the proposed enforcement action
should not be taken. A notice shall be served on the user specifying
the time and place of a hearing to be held by the Township Supervisors
regarding the violation, the reasons why the action is to be taken,
the proposed enforcement action and directing the user to show cause
before the Township Supervisors 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
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
The Township Supervisors may themselves conduct the hearing
and take the evidence or may designate any of its members or any officer
of the Township to:
A. Issue, in the name of the Township, notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
C. Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Township
Supervisors for action thereon.
At any hearing held pursuant to this Part 3, 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.
After the Township Supervisors have reviewed the evidence, it
may issue an order to the 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
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other
wastes into the Indiana Borough wastewater disposal system contrary
to the provisions of this Part 3, federal or state pretreatment requirements
or any order of the Borough, the Township Solicitor or the Borough
of Indiana Solicitor may commence an action for appropriate legal
and/or equitable relief in the Court of Common Pleas of Indiana County,
Pennsylvania.
Any person who knowingly makes any false statements, representations
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this Part
3 or wastewater contribution permit or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this Part 3 shall, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offense under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days.