[Adopted 12-2-2008 by Ord. No. 204]
This article repeals Ordinance No. 138, as amended by Ordinance
Nos. 151 and 164, and as may have further been amended, and sets forth
new uniform requirements for users of the wastewater collection and
treatment system of Perkiomen Township and the Lower Perkiomen Valley
Regional Sewer Authority as control authority and enables the Lower
Perkiomen Valley Regional Sewer Authority to comply with all applicable
state and federal laws required by the Clean Water Act (33 U.S.C.
§ 1251 et seq.) and the General Pretreatment Regulations
(Title 40 of the Code of Federal Regulations, Part 403). The objectives
of this article are:
A.
To prevent the introduction of pollutants into the POTW and wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
B.
To prevent the introduction of pollutants into the POTW and wastewater
system which will pass through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with
the system;
C.
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
D.
To promote reuse and recycling of industrial wastewaters and sludges
from the system;
E.
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the POTW and wastewater
system; and
F.
To enable the Lower Perkiomen Valley Regional Sewer Authority as
control authority to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
A.
This article provides for the regulation of direct and indirect contributors
to the POTW and wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for users; authorizes monitoring, compliance and enforcement activities;
requires user reporting; assumes that existing customers' capacity
will not be preempted; and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
B.
This article shall apply to all users of the POTW. Except as otherwise
provided herein, the Lower Perkiomen Valley Regional Sewer Authority
shall administer, implement and enforce the provisions of this article
as the control authority.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
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 EPA.
If the user is a corporation:
The 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 decision-making functions for
the corporation; or
The manager of one or more manufacturing, production or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for wastewater
discharge permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
If the user is a federal, state or local governmental facility,
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or his designee.
The individuals described in Subsections A through C above may designate another duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to Lower Perkiomen Valley Regional Sewer Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20° centigrade expressed in terms of concentration [milligrams
per liter (mg/l)].
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 235-31 and 235-32 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
A sewer conveying wastewater from the premises of a user
to the public sanitary sewer system of the POTW.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
National categorical pretreatment standards, being 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 apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405-471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
Lower Perkiomen Valley Regional Sewer Authority.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The discharge of treated or untreated wastewater directly
to the waters of the State 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, including the Regional
Water Management Division Director.
Any source of discharge that is not a "new source."
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
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 pollution from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C.
§ 1317) into the POTW (including holding tank waste discharged
into the system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402 of the Act. In addition, "industrial user" shall also be defined
as an establishment which discharges or introduces industrial wastes
into the POTW.
Shall have the meaning ascribed to it in the Act of June
22, 1937 (P.L. 1987, No. 394), known as the "Clean Stream Law" and
the regulations adopted thereunder.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected independent of the industrial flow rate and the duration
of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment processes or operations or its sludge processes,
use or disposal; and, therefore, is the cause of a violation of the
Lower Perkiomen Valley Regional Sewer Authority's NPDES permit.
The term includes the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder or any more stringent state or local
regulations: Section 405 of the Act (33 U.S.C. § 1345);
the Solid Waste Disposal Act, including Title II commonly referred
to as the "Resource Conservation and Recovery Act"[1] (RCRA); any state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the Solid Waste
Disposal Act[2]; the Clean Air Act; the Toxic Substances Control Act;
and the Marine Protection, Research and Sanctuaries Act.
Specific discharge limits developed and enforced by the control
authority upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
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, as set forth in 40 CFR, Chapter 1, Subchapter N, Parts 405 to 471.
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility or installation from which
there is, or may be, a discharge of pollutants, the construction of
which commenced after the publication of the proposed pretreatment
standards pursuant to the Section 307(c) of the Act which will be
applicable to such source if the standards are thereafter promulgated
in accordance with that section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) or (3) above, but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial losses, and contracts
for feasibility, engineering and design studies do not constitute
a contractual obligation under this subsection.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into the waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of the POTW's National Pollutant Discharge Elimination
System (NPDES) permit, including an increase in the magnitude or duration
of a violation.
Refers to the Lower Perkiomen Valley Regional Sewer Authority
as control authority.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or its legal representatives, agents
or assigns. The masculine gender shall include the feminine; the singular
shall include the plural where indicated by the context. This definition
includes all federal, state and local governmental entities.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution. A measure
of the acidity or alkalinity of a solution expressed in standard units.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal and agricultural wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
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 a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, by process changes, or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an user. Any substantive
or procedural provision of the Federal Water Pollution Control Act
(62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June
22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," or
any rule or regulation, ordinance or term or condition of a permit
or order adopted or issued by the commonwealth or a POTW for the implementation
or enforcement of an industrial waste pretreatment program established
under the Federal Water Pollution Control Act or the Clean Streams
Law.
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 and operated by the Lower
Perkiomen Valley Regional Sewer Authority. 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 users of the POTW. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant. As used herein, POTW refers to the wastewater treatment plant
owned by Lower Perkiomen Valley Regional Sewer Authority.
That portion of the POTW designed to provide treatment to
wastewater.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dish-washing
operations, etc.).
"Shall" is mandatory; "may" is permissive.
Except as provided in Subsections C and D of this definition,
a significant industrial user is:
An industrial user subject to categorical pretreatment standards.
An industrial user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling, and
boiler blowdown wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the Lower Perkiomen Valley Regional
Sewer Authority on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
The control authority may determine that an industrial user
subject to categorical pretreatment standards is a nonsignificant
categorical industrial user rather than a significant industrial user
on a finding that the industrial user never discharges more than 100
gallons per day (gpd) of total categorical wastewater (excluding sanitary,
noncontact cooling and boiler blowdown wastewater, unless specifically
included in the pretreatment standard), and the following conditions
are met:
The industrial user, prior to the control authority's finding,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the certification statement required in § 235-73B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Lower Perkiomen Valley Regional Sewer Authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
An industrial user is in significant noncompliance if its
violation meets one or more of the specific criteria set forth in
40 CFR 403.8(f)(2)(vii). For purposes of this definition, an industrial
user is in significant noncompliance if its violation meets one or
more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements for the same
parameter taken during a six-month period exceed (by any magnitude)
a numeric pretreatment standard or requirement, including instantaneous
limits, as defined in this section.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for each
pollutant parameter during a six-month period equals or exceeds the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined in this section, multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and
1.2 for all other pollutants except pH).
Any other violation of a pretreatment standard or requirement,
as defined in this section (daily maximum, long-term average, instantaneous
limit or narrative standard) that the control authority determines
has caused, alone or in combination with other discharges, interference
or pass-through, including endangering the health of POTW personnel
or the general public.
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under of this
article to halt or prevent such a discharge.
Failure to meet, within 30 days after the schedule date, a compliance
schedule milestone contained in this article or in an enforcement
order.
Failure to provide, within 30 days after the due date, any required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
Failure to accurately report noncompliance.
Any other violation(s), which may include a violation of best
management practices, which the control authority determines will
adversely affect the operation or implementation of the pretreatment
program.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in §§ 235-31 through 235-39 of this article. A "slug discharge" is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
Commonwealth of Pennsylvania.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snowmelt.
The person designated by the control authority to supervise
the operation of the publicly owned treatment works.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA § 307(a) or
other acts.
Any person who contributes, causes or permits the indirect
discharge of wastewater into the POTW.
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which is
contributed into or permitted to enter the POTW.
A permit issued by the control authority to a user permitting
the discharge of wastewater into the publicly owned treatment works.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
The following abbreviations or acronyms shall have the designated
meanings:
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AO
|
administrative order
|
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BAT
|
best available treatment
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BATEA
|
best available technology economically achievable
|
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BCT
|
best control technology
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BMP
|
best management practices
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BMR
|
baseline monitoring report
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B/N
|
base/neutral
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BOD
|
biochemical oxygen demand
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BPJ
|
best professional judgment
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BPT
|
best professional technology
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CERCLA
|
Comprehensive Environmental Response, Compensation and Liability
Act
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CFR
|
Code of Federal Regulations
|
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CIU
|
categorical industrial user
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COD
|
chemical oxygen demand
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CSO
|
combined sewer overflow
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CWA
|
Clean Water Act
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CWF
|
combined waste stream formula
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DMR
|
discharge monitoring report
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DSS
|
domestic sewage study
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EMS
|
enforcement management system
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EP
|
extraction procedure
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EPA
|
Environmental Protection Agency of the United States
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FDF
|
fundamentally different factor
|
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FOV
|
finding of violation
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FOG
|
fats, oil and grease
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FR
|
Federal Register
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FWA
|
flow-weighted averaging
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FWPCA
|
Federal Water Pollution Control Act
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GC/MS
|
gas chromatograph/mass spectrophotometry
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gpd
|
gallons per day
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I + I
|
infiltration and inflow
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IU
|
industrial user
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IWS
|
industrial waste survey
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MAHL
|
maximum allowable headworks loading
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MGD
|
million gallons per day
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mg/l
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milligrams per liter
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MOU
|
memorandum of understanding
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MSDS
|
material safety data sheet
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NIOSH
|
National Institute of Occupational Safety and Health
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NMP
|
National Municipal Policy
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NPDES
|
National Pollutant Discharge Elimination System
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NON
|
notice of noncompliance
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NOV
|
notice of violation
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OCPSF
|
organic chemicals, plastics and synthetic fibers
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O&G
|
oil and grease
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O&M
|
operations and maintenance
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OSHA
|
Occupational Safety and Health Administration
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OWEC
|
Office of Water Enforcement and Compliance
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PAD
|
proportioned actual domestic flow
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PAH
|
polynuclear aromatic hydrocarbons
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PAI
|
proportioned actual industrial flow
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PASS
|
pretreatment audit summary system
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PCB
|
polychlorinated biphenols
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PCI
|
pretreatment compliance inspection
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PCME
|
pretreatment compliance monitoring and enforcement
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PCS
|
permit compliance system
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PIRT
|
pretreatment implementation review task force
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POTW
|
publicly owned treatment works
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ppd
|
pounds per day
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ppm
|
parts per million
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ppb
|
parts per billion
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PPETS
|
Pretreatment Permits Enforcement Tracking System
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PQR
|
permit quality review
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PSNS
|
pretreatment standards for new sources
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PSES
|
pretreatment standards for existing sources
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QA/QC
|
quality assurance/quality control
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QNCR
|
quarterly noncompliance report
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RCRA
|
Resource Conservation and Recovery Act
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RNC
|
reportable noncompliance
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SARA
|
Superfund Amendments and Reauthorization Act
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SIC
|
standard industrial classification
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SIU
|
significant industrial user
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SMP
|
solvent management plan
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SNC
|
significant noncompliance
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SPCC
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spill prevention control and countermeasures
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SPMS
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strategic planning and management system
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STP
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sewage treatment plant
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STLC
|
soluble threshold limit concentration
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SUO
|
sewer use ordinance
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SWDA
|
Solid Waste Disposal Act
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TCLP
|
toxicity characteristic leachate procedure
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TDS
|
total dissolved solids
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TICH
|
total identifiable chlorinated hydrocarbons
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TOMP
|
toxic organic management plan
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TRC
|
technical review criteria
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TRE
|
toxicity reduction evaluations
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TSS
|
total suspended solids
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TTO
|
total toxic organics
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TTLC
|
total threshold limit concentration
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USC
|
United States Code
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VOA
|
volatile organic analysis
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VOC
|
volatile organic compounds
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VSS
|
volatile suspended solids
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WENDB
|
Water Enforcement National Data Base
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WQA
|
Water Quality Act
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WQS
|
water quality standards
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WWTP
|
wastewater treatment plant
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No user shall contribute, introduce or cause to be contributed
or introduced, directly or indirectly, into the POTW any pollutant
or wastewater which causes pass-through or interference. These general
prohibitions apply to all users of the POTW, whether or not the user
is subject to categorical pretreatment standards or any other national,
state or local pretreatment standards or requirements.
A.
No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances or wastewater:
(1)
Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, waste streams with a closed-cup flashpoint of
less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21;
(2)
Wastewater having a pH less than 5.0 or more than 10.0 or otherwise
causing corrosive structural damage to the POTW or equipment;
(3)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference (but in no case
solids greater than 1/2 inch in any dimension). The following substances
are also prohibited: ashes, cinders, sand, mud, straw, metal, glass,
bones, rags, feather, tar, plastic, wood, paunch manure, whole blood
or blood products, lye, building materials, rubber, hair, shavings,
leather, china, ceramic wastes, asphalt, paint, waxes, butcher offal,
porcelain and bentonite;
(4)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause
interference with the POTW;
(5)
Wastewater having a temperature greater than 104° F. (40°
C.), or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.);
(6)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass-through;
(7)
Pollutants which result in the presence of toxic gases, vapors or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems;
(8)
Trucked or hauled pollutants or wastewater;
(9)
Noxious or malodorous liquids, gases, solids or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life or to prevent entry
into the sewers for maintenance or repair;
(10)
Wastewater 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 treatment
plant's effluent, thereby violating the Lower Perkiomen Valley
Regional Sewer Authority's NPDES permit;
(11)
Wastewater containing any radioactive wastes or isotopes;
(12)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted wastewater;
(13)
Sludges, screenings or other residues from the pretreatment
of industrial wastes;
(14)
Medical wastes;
(15)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail toxicity tests;
(16)
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW;
(17)
Wastewater causing an explosive hazard at the point of discharge
or at any point in the sewer interceptor system or the POTW;
(18)
Any substance or condition which will cause the POTW to violate
its NPDES and/or state disposal system permit, the receiving water
quality standards, or any statute, rule or regulation of any public
agency;
(19)
In no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed any time period longer than
15 minutes or contain more than five times the average twenty-four-hour
concentration of flow during normal operation, or otherwise constitutes
a slug discharge;
(20)
The discharge of toxic or hazardous wastes, as defined in the
Act or RCRA;
(21)
Total solids of such character or quantity as to require unusual
attention or expense in treatment;
(22)
Discharges prohibited by state or federal regulations;
(23)
Fats, oils or greases of an animal or vegetable origin in concentrations
greater than 100 mg/l.
B.
When the control authority determines that a user(s) is contributing
to the POTW any of the above-enumerated substances in such amounts
as to interfere with the operation of the POTW, the control authority
shall: 1) advise the user(s) of the impact of the contribution on
the POTW; 2) develop effluent limitation(s) for such user to correct
the interference with the POTW; and 3) proceed with enforcement pursuant
to the provisions of this article.
C.
Pollutants, substances or wastewater prohibited by this section shall
not be processed or stored in a manner that they could be discharged
to the POTW.
The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 to 471, are hereby incorporated in this article by reference as though set forth in full.
A.
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the control authority may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the control
authority shall impose an alternate limit using the combined waste
stream formula in 40 CFR 403.6(e).
C.
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
Where the Lower Perkiomen Valley Regional Sewer Authority's
wastewater treatment system achieves consistent removal of pollutants
limited by national pretreatment standards, the Lower Perkiomen Valley
Regional Sewer Authority as control authority may apply to the approval
authority for modification of 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
wastewater treatment system to a less toxic or harmless state in the
effluent which is achieved by the system in 95% of the samples taken
when measured according to the procedures set forth in Section 403.7(c)(2)
of (Title 40 of the Code of Federal Regulations, Part 403) "General
Pretreatment Regulations for Existing and New Sources of Pollution,"
promulgated pursuant to the Act. The Lower Perkiomen Valley Regional
Sewer Authority as control authority may then modify pollutant discharge
limits in the national pretreatment standards if the requirements
contained in 40 CFR, Part 403, § 403.7, are fulfilled and
prior approval from the approval authority is obtained.
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.
The Lower Perkiomen Valley Regional Sewer Authority as control authority reserves the right to establish, by resolution, more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 235-27 of this article.
No user shall ever increase the use of process water or in any
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The control authority may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements or in other cases when the imposition of mass limitations
is appropriate.
Each user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this article.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or user's own
cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the control
authority for review and shall be approved by the control authority
before construction of the facility. All existing users shall complete
such a plan by January 1, 1994. No user shall be permitted to introduce
pollutants into the system until accidental discharge procedures 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 user's facility as necessary
to meet the requirements of this article. In the case of an accidental
discharge, it is the responsibility of the 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.
A.
Written notice. Within five days following an accidental discharge,
the 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 user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, fish kills
or any other damage to person or property, nor shall such notification
relieve the user of any fines, civil penalties or other liability
which may be imposed by this article or other applicable law.
B.
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge. Employers shall
ensure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
A.
The Lower Perkiomen Valley Regional Sewer Authority as control authority
is authorized to establish local limits pursuant to 40 CFR 403.5(c).
B.
The following pollutant limits are established to protect against
pass-through, interference and sludge contamination. No person shall
discharge wastewater containing in excess of the following limits:
|
Parameter
|
Daily Maximum
(mg/l)
| |
|---|---|---|
|
Arsenic
|
0.425
| |
|
Cadmium
|
0.05
| |
|
Chromium
|
3.5
| |
|
Copper
|
1.0
| |
|
Cyanide
|
1.0
| |
|
Lead
|
1.0
| |
|
Mercury
|
0.002
| |
|
Nickel
|
1.1
| |
|
Oil and grease and fats of animal or vegetable origin
|
100
| |
|
Oil and grease of petroleum origin, nonbiodegradable cutting
oil, mineral oil
|
25
| |
|
Silver
|
0.35
| |
|
Zinc
|
3.0
|
C.
The above limits apply at the point where the wastewater is discharged
to the sewer. All concentrations from metallic substances are for
"total" metal unless otherwise indicated. The above local limits are
based on maximum allowable headworks loadings (MAHL) as approved by
the EPA. The Lower Perkiomen Valley Regional Sewer Authority as control
authority, through the issuance of an industrial waste discharge permit,
may establish other effluent limits consistent with the approved MAHL.
No such permits, however, shall waive or abrogate federal or state
categorical pretreatment standards or regulations. Categorical concentrations
apply at the end of the process waste stream. No person shall discharge
wastewater containing in excess of allowable discharge limits as established
by the Lower Perkiomen Valley Regional Sewer Authority as control
authority. The Lower Perkiomen Valley Regional Sewer Authority as
control authority may impose mass limitations in addition to, or in
place of, the concentration-based limitations.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in §§ 235-31 through 235-39 of this article within the time limitations specified by EPA, the state or the control authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the control authority for review and shall be acceptable to the control authority before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the control authority under the provisions of this article.
A.
Whenever deemed necessary, the control authority may require users
to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and such other conditions as may be
necessary to protect the POTW and determine the user's compliance
with the requirements of this article.
B.
The control authority may require any person discharging into the
POTW to install and maintain, on his property and at his expense,
a suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
C.
Grease, oil and sand interceptors shall be provided by the user when,
in the opinion of the control authority, they are necessary for the
proper handling of wastewater containing excessive amounts of grease
and oil or sand; except that such interceptors shall not be required
for residential users. All interception units shall be of type and
capacity approved by the control authority and shall be so located
to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired regularly, as needed, by
the user at his expense.
D.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
The control authority shall evaluate whether each significant
industrial user needs an accidental discharge/slug control plan or
other action to control slug discharges. The control authority may
require any user to develop, submit for approval, and implement such
a plan. Alternatively, the control authority may develop such a plan
for any user. An accidental discharge/slug discharge control plan
shall address, at a minimum, the following:
A.
Description of discharge practices, including nonroutine batch discharges;
B.
Description of stored chemicals;
C.
Procedures for immediately notifying the control authority of any
accidental or slug discharge, as required by this article; and
D.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
The Lower Perkiomen Valley Regional Sewer Authority does not
accept septic tank waste or industrial waste from haulers or RCRA
hazardous wastes.
It shall be unlawful to discharge to the POTW or in any area
under the jurisdiction of the control authority, and/or to the POTW,
any wastewater except as authorized by the control authority in accordance
with the provisions of this article, subject to state and federal
laws and regulations.
When requested by the control authority, a user must submit
information on the nature and characteristics of its wastewater within
30 days of the request. The control authority is authorized to prepare
a form for this purpose and may periodically require users to update
this information.
A.
No significant industrial user shall discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from the
control authority. A permitted user may discharge for the time period
specified in the permit.
B.
The control authority may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this article.
C.
Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this article and subjects the
wastewater discharge permittee to the sanctions set out in this article.
Obtaining a wastewater discharge permit does not relieve a permittee
of its obligation to comply with all federal and state pretreatment
standards or requirements or with any other requirements of federal,
state and local law.
Any user required to obtain a wastewater discharge permit who
was discharging wastewater into the POTW prior to the effective date
of this article and who wishes to continue such discharges in the
future shall, within 30 days after said date, apply to the control
authority for a wastewater discharge permit in accordance with this
article. Said user shall not cause or allow discharges to the POTW
to continue after 30 days of the effective date of this article except
in accordance with a wastewater discharge permit issued by the control
authority.
Any user required to obtain a wastewater discharge permit who
proposes to begin or recommence discharging into the POTW must obtain
such permit from the control authority prior to the beginning or recommencing
of such discharge. An application for this wastewater discharge permit,
in accordance with this article, must be filed at least 90 days prior
to the date upon which any discharge will begin or recommence.
A.
Users required to obtain a wastewater discharge permit shall complete
and file with the control authority an application in the form prescribed
in this article. The control authority may require users to submit
all or some of the following information as part of a permit:
(2)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of operations.
(a)
A brief description of the nature, average rate of production
(including each product produced by type, amount, processes and rate
of production), and standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram which indicates points of discharge to the POTW from
the regulated processes.
(b)
Types of wastes generated and a list of all raw materials and
chemicals used or stored at the facility which are, or could accidentally
or intentionally be, discharged to the POTW.
(c)
Number and type of employees, hours of operation, and proposed
or actual hours of operation.
(d)
Type and amount of raw materials processed (average and maximum
per day).
(e)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains and appurtenances by size,
location and elevation, and all points of discharge.
(4)
Time and duration of discharges.
(5)
The location for monitoring all wastes covered by the permit.
(6)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(7)
Measurement of pollutants.
(a)
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
(b)
The results of sampling and analysis identifying the nature
and concentration and/or mass, where required by the standard or by
the control authority, of regulated pollutants in the discharge from
each regulated process.
(c)
Instantaneous, daily maximum, and long-term average concentrations
or mass, where required, shall be reported.
(d)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 235-68 of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
(8)
Any other information as may be deemed necessary by the control authority
to evaluate the wastewater discharge permit application.
B.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
A.
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 235-73A.
B.
If the designation of an authorized representative 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 for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
control authority prior to or together with any reports to be signed
by an authorized representative.
The control authority will evaluate the data furnished by the
user and may require additional information. Within 60 days of receipt
of a complete wastewater discharge permit application, the control
authority will determine whether or not to issue a wastewater discharge
permit. The control authority may deny any application for a wastewater
discharge permit.
A wastewater discharge permit shall be issued for a specified
time period, not to exceed five years from the effective date of the
permit. A wastewater discharge permit may be issued for a period less
than five years, at the discretion of the control authority. Each
wastewater discharge permit will indicate a specific date upon which
it will expire.
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the control authority to prevent
pass-through or interference, protect the quality of the water body
receiving the treatment plant's effluent, protect worker health
and safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date;
(3)
Effluent limits, including best management practices, based on applicable
pretreatment standards;
(4)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law;
(5)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 235-63B;
(6)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law;
(7)
Requirements to control slug discharge, if determined by the control
authority to be necessary; and
B.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization;
(2)
Requirements for the installation of pretreatment technology, pollution
control or construction of appropriate containment devices designed
to reduce, eliminate or prevent the introduction of pollutants into
the treatment works;
(3)
Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges;
(4)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(7)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(8)
Other conditions as deemed appropriate by the control authority to
ensure compliance with this article and state and federal laws, rules
and regulations.
The control authority shall provide public notice of the issuance
of a wastewater discharge permit. Any person, including the user,
may petition the control authority to reconsider the terms of a wastewater
discharge permit within 30 days of notice of its issuance.
A.
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C.
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D.
If the control authority fails to act within 30 days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider
a wastewater discharge permit, not to issue a wastewater discharge
permit, or not to modify a wastewater discharge permit shall be considered
final administrative actions for purposes of judicial review.
E.
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Court of Common Pleas of Montgomery County within 30 days
of the final administrative wastewater discharge permit decision.
The control authority may modify a wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
A.
To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
B.
To address significant alterations or additions to the user's
operation, processes or wastewater volume or character since the time
of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge poses a threat
to the POTW, Lower Perkiomen Valley Regional Sewer Authority personnel,
or the receiving waters.
E.
Violation of any terms or conditions of the wastewater discharge
permit.
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
H.
To correct typographical or other errors in the wastewater discharge
permit.
I.
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
A.
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 approval of the control authority.
Any succeeding owner or user shall also comply with the terms and
conditions of the existing permit, as well as any additional terms
and conditions which may be required as a result of the proposed transfer.
B.
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 90 days' advance notice
to the control authority, and it approves the wastewater discharge
permit transfer. The notice to the control authority must include
a written certification by the new owner or operator which:
D.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
A.
The control authority may revoke a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
(1)
Failure to notify the control authority of significant changes to
the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the control authority of changed conditions pursuant to § 235-64 of this article;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the control authority or its designated representative
timely access to the facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this article.
B.
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application to the control authority, in accordance with § 235-49 of this article, a minimum of 90 days prior to the expiration of user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application form no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow-monitoring devices used during the term of the prior permit.
A.
If a municipality or user located within another municipality contributes
wastewater to the POTW, the Lower Perkiomen Valley Regional Sewer
Authority as control authority shall enter into an intermunicipal
agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, the control authority shall request the following information from the contributing municipality:
C.
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including baseline monitoring reports (BMRs), which are at least as stringent as those set out in § 235-39 of this article. The requirement shall specify that such ordinance and local limits must be revised as necessary to reflect changes made to the Lower Perkiomen Valley Regional Sewer Authority's resolution or local limits;
(2)
A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis;
(3)
A provision specifying: which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling
and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by the control authority;
and which of these activities will be conducted jointly by the contributing
municipality and the control authority;
(4)
A requirement for the contributing municipality to provide the control
authority with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
(5)
Limits on the nature, quality and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
(6)
Requirements for monitoring the contributing municipality's
discharge;
(7)
A provision ensuring the control authority, or its designated representative,
access to the facilities of users located within the contributing
municipality's jurisdictional boundaries for the purpose of inspection,
sampling and any other duties deemed necessary by the control authority;
and
(8)
A provision specifying remedies available for breach of the terms
of the intermunicipal agreement and authorizing the Lower Perkiomen
Valley Regional Sewer Authority as control authority to take legal
action to enforce the terms of the contributing municipality's
ordinance or impose and enforce pretreatment standards.
A.
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the control authority a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set forth below.
(2)
Measurement of pollutants.
(a)
The user shall provide the information required in § 235-49A(7)(a) through (d).
(b)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection.
(c)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit, along with supporting data, shall be submitted
to the control authority.
(e)
The control authority may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
(f)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
(3)
Certification. A statement, reviewed by the user's authorized representative, as defined § 235-29, and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(4)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 235-61 of this article.
The following conditions shall apply to the schedule required by § 235-60B(4) of this article.
A.
The schedule shall contain progress increments (milestones) in the
form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning
and conducting routine operation);
B.
No increment referred to above shall exceed six months;
C.
The user shall submit a progress report to the control authority
no later than 14 days following each date in the schedule and the
final date for compliance, including, as a minimum, whether or not
it complied with the increment of progress, the reason for any delay
and, if appropriate, the steps being taken by the user to return the
construction to the established schedule; and
D.
In no event shall more than one month elapse between such progress
reports to the control authority.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in § 235-49A(6) and (7) and § 235-60B(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 235-50 of this article.
All SIUs are required to submit periodic compliance reports
even if they have been designated a nonsignificant categorical industrial
user under the provisions of Subsection C below.
A.
Except as specified in Subsection C, all significant industrial users must, at a frequency determined by the control authority, submit no less than twice per year (June and December, or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution-prevention alternative, the user must submit documentation required by the control authority for the pretreatment standard necessary to determine the compliance status of the user.
B.
The control authority may authorize an industrial user subject to
a categorical pretreatment standard to forego sampling of a pollutant
regulated by a categorical pretreatment standard if the industrial
user has demonstrated through sampling and other technical factors
that the pollutant is neither present nor expected to be present in
the discharge or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user. [See 40 CFR 403.12(e)(2).] This authorization
is subject to the following conditions:
(1)
The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility,
provided that the sanitary wastewater is not regulated by an applicable
categorical standard and otherwise includes no process wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 235-49A(7)(f).
(3)
In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility's
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
(5)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA-approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(6)
Any grant of the monitoring waiver by the control authority must
be included as a condition in the user's permit. The reasons
supporting the waiver and any information submitted by the user in
its request for the waiver must be maintained by the control authority
for three years after expiration of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the control authority, the industrial user must certify on each report with the statement in § 235-73C below that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of Subsection A or other more frequent monitoring requirements imposed by the control authority and notify the control authority.
(9)
This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
C.
Reduced reporting.
(1)
The control authority may reduce the requirement for periodic compliance reports (see Subsection A) [(40 CFR 403.12(e)(1)] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following:
(a)
One thousand two hundred eleven gallons per day [0.01% of the
POTW's design dry-weather hydraulic capacity (12.11 mgd) of the
POTW] or 5,000 gallons per day, whichever is smaller, as measured
by a continuous effluent flow-monitoring device, unless the industrial
user discharges in batches;
(b)
One and twenty-five-hundredths pounds per day [0.01% of the
design dry-weather organic treatment capacity (12,500 pounds per day)
of the POTW]; and
(c)
The loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 235-34 of this article shall be below 0.01% of the maximum allowable headworks loading as set forth below:
|
Parameter
|
0.01% MAHL
(0.001 pounds/day)
| |
|---|---|---|
|
Arsenic
|
0.140
| |
|
Cadmium
|
0.040
| |
|
Chromium
|
1.800
| |
|
Copper
|
1.483
| |
|
Cyanide
|
1.453
| |
|
Lead
|
0.365
| |
|
Mercury
|
0.032
| |
|
Nickel
|
1.160
| |
|
Silver
|
2.732
| |
|
Zinc
|
2.400
|
(2)
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 235-77 of this article. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels or pollutant levels that vary so significantly that, in the opinion of the control authority, decreasing the reporting requirement for this industrial user would result in data that is not representative of conditions occurring during the reporting period.
D.
All periodic compliance reports must be signed and certified in accordance with § 235-50 of this article.
E.
All wastewater samples must be representative of the user's
discharge. Wastewater-monitoring and flow-measurement facilities shall
be properly operated, kept clean and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
F.
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in § 235-69 of this article, the results of this monitoring shall be included in the report.
Each user must notify the control authority of any planned significant
changes to the user's operations or system which might alter
the nature, quality or volume of its wastewater at least 90 days before
the change.
A.
The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 235-49 of this article.
C.
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater and the discharge
of any previously unreported pollutants.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug discharge or slug load, that may cause
potential problems for the POTW, the user shall immediately telephone
and notify the control authority of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the control authority, submit a detailed written report
to the control authority describing the cause(s) of the discharge
and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense,
loss, damage or other liability which may be incurred as a result
of damage to the POTW, natural resources or any other damage to person
or property, nor shall such notification relieve the user of any fines,
penalties or other liability which may be imposed pursuant to this
article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the control authority
immediately of any changes at its facility affecting the potential
for a slug discharge.
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the control authority as the
control authority may require.
If sampling performed by a user indicates a violation, the user
must notify the control authority within 24 hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the result of the repeat analysis to the control authority
within 30 days after becoming aware of the violation. The user is
not required to re-sample if the control authority monitors at the
user's facility at least once a month or if the control authority
samples between the user's initial sample and when the user receives
the results of this sampling.
All pollutant analyses, including sample techniques, to be submitted
as a part of a wastewater discharge permit application or report shall
be performed in accordance with the techniques prescribed in 40 CFR
Part 136, and amendments thereto, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR Part 136 does
not contain sampling or analytical techniques for the pollutant in
question, or where the EPA determines that the Part 136 sampling and
analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the control authority or other parties
approved by the EPA.
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
A.
Except as indicated in Subsections B and C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides and volatile organic compounds must be obtained using grab
collection techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 235-60 and 235-62 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by § 235-63 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date or receipt of the report shall govern.
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 235-39. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority or where the user has been specifically notified of a longer retention period by the control authority.
The discharge of hazardous waste into the Lower Perkiomen Valley
Regional Sewer Authority system is strictly prohibited.
A.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 235-50; users submitting baseline monitoring reports under § 235-60B(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under § 235-62; users submitting periodic compliance reports required by § 235-63A through D; and users submitting an initial request to forego sampling of a pollutant on the basis of § 235-63B(4). The following certification statement must be signed by an authorized representative, as defined in § 235-29:
|
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.
|
B.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the control authority pursuant to Subsection C in the definition of "significant industrial user" in § 235-29 and § 235-50C must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of "authorized or duly representative of the user" in § 235-29 . This certification must accompany an alternative report required by the control authority:
|
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from ___________, _____ to ____________,
_____ [months, days, year]:
| ||
|
(a)
| ||
|
(b)
|
The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
| |
|
(c)
|
The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
| |
|
This compliance certification is based on the following information:
| ||
|
| ||
|
| ||
|
| ||
C.
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 235-63B must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.
|
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 235-63A.
|
The control authority or its designated representative shall
have the right to enter the premises of any user to determine whether
the user is complying with all requirements of this article and any
wastewater discharge permit or order issued hereunder. Users shall
allow the control authority or its designated representative ready
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties. A user shall not obstruct, block or otherwise
interfere with access to the sampling point(s).
A.
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the control authority
or its designated representative shall be permitted to enter without
delay for the purposes of performing specific responsibilities.
B.
The control authority or its designated representative shall have
the right to set up on the user's property or require installation
of such devices as are necessary to conduct sampling and/or metering
of the user's operations.
C.
The control authority or its designated representative may require
the user to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the user at its own expense.
All devices used to measure wastewater flow and quality shall be calibrated
semiannually to ensure their accuracy.
D.
Any temporary or permanent obstruction of safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the control authority
or its designated representative and shall not be replaced. The costs
of clearing such access shall be borne by the user.
E.
Unreasonable delays in allowing the control authority or its designated
representative access to the user's premises shall be a violation
of this article.
If the control authority or its designated representative has
been refused access to a building, structure or property, or any part
thereof, and is able to demonstrate probable cause to believe that
there may be a violation of this article, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program of the control authority designed to verify compliance with
this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the control authority may seek issuance of a search warrant from the
Court of Common Pleas of Montgomery County, Pennsylvania.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, monitoring programs, and
from the control authority's inspection and sampling activities
shall be available to the public without restriction, unless the user
specifically requests and is able to demonstrate to the satisfaction
of the control authority that the release of such information would
divulge information, processes or methods of production entitled to
protection as trade secrets under applicable state law. Any such request
must be asserted at the time of submission of the information or data.
When requested and demonstrated by the user furnishing a report that
such information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall not be
made available for inspection by the public but shall be made available
immediately upon request to governmental agencies for uses related
to NPDES program or pretreatment program and in enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics and other "effluent data," as defined by 40 CFR
2.302, will not be recognized as confidential information and will
be available to the public without restriction.
The control authority shall publish annually, in a newspaper
of general circulation that provides meaningful public notice within
the jurisdictions served by the POTW, a list of the users which at
any time during the previous 12 months were in significant noncompliance
with applicable pretreatment standards and requirements. The term
"significant noncompliance" shall be applicable to all significant
industrial users (or any other industrial user that violates Subsection
C, D or H of this section) and shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined in § 235-29;
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by § 235-29, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as defined by § 235-29 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment or has resulted in the control
authority's exercise of its emergency authority to halt or prevent
such a discharge;
E.
Failure to meet, within 30 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include a violation of best management
practices, which the control authority determines will adversely affect
the operation or implementation of the local pretreatment program.
A.
Notification
of violation. When the control authority finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the control authority may serve upon that
user a written notice of violation. Within 30 days of the receipt
of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the control authority.
Submission of this plan in no way relieves the user of liability for
any violations occurring before or after receipt of the notice of
violation. Nothing in this section shall limit the authority of the
control authority to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
B.
Consent orders. The control authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 235-78D and E of this article.
C.
Show cause hearing. The control authority may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user, as defined in § 235-29 and required by § 235-50A. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
D.
Compliance
orders. When the control authority finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the control authority may issue an order
to the user responsible for the discharge directing that the user
come into compliance within a specified time. If the user does not
come into compliance within the time provided, sewer service may be
discontinued unless adequate treatment facilities, devices or other
related appurtenances are installed and properly operated. Compliance
orders also may contain other requirements to address the noncompliance,
including additional self-monitoring and management practices designed
to minimize the amount of pollutants discharged to the sewer. A compliance
order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order
relieve the user of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
E.
Cease
and desist orders.
(1)
When
the control authority finds that a user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely
to recur, the control authority may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
(2)
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
F.
Administrative
civil penalties.
(1)
When the control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may fine such a user in an amount not to exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of §§ 235-79B and 235-80D of this article.
(2)
A lien against the user's property will be sought for unpaid
charges, fines and penalties.
(3)
Users desiring to dispute such fines must file a written request
for the control authority to reconsider the fine along with full payment
of the fine amount within 30 days of being notified of the fine. Where
a request has merit, the control authority may convene a hearing on
the matter. In the event the user's appeal is successful, the
payment, together with any interest accruing thereon, shall be returned
to the user. The control authority may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
(4)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
G.
Emergency
suspensions.
(1)
The control authority may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The control authority may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW or which
represents or may present an endangerment to the environment.
(a)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in § 235-78H of this article are initiated against the user.
(b)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under § 235-78C or H of this article.
(2)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
H.
Termination
of discharge.
(1)
In addition to the provisions in § 235-57 of this article, any user who violates the following conditions is subject to discharge termination:
(a)
Violation of wastewater discharge permit conditions;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling; or
(2)
Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under § 235-78C of this article why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
I.
Notification to contributing jurisdictions. The control authority shall provide to the contributing municipality a true and correct copy of any administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action initiated by the control authority with reference to an industrial user within the municipality, pursuant to §§ 235-78, 235-79 and 235-80 of this article. The failure to provide a copy to the contributing municipality shall not be a defense to any third party who is a subject of an administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action.
A.
Injunctive
relief. When the control authority finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the control authority may petition the Court
of Common Pleas of Montgomery County, Pennsylvania, for appropriate
legal and equitable relief, including the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order
or other requirement imposed by this article on activities of the
user. Relief requested may also include requirements for environmental
remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
B.
Civil
penalties.
(1)
A user who has violated, or continues to violate, any provision of
this article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, shall be liable
to the control authority for a maximum civil penalty of $25,000 per
violation, per day. In the case of a monthly or other long-term average
discharge limit, penalties shall accrue for each day during the period
of the violation. Each violation for each separate day shall constitute
a separate and distinct offense under this section.
(2)
The control authority may recover reasonable attorneys' fees,
court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the control authority.
(3)
In determining the amount of civil liability, there shall be taken
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
C.
Criminal
prosecution. A user who willfully or negligently violates any provision
of this article, a wastewater discharge permit, order issued hereunder,
any other pretreatment standard or requirement, or who willfully or
negligently introduces any substance into the POTW which causes personal
injury or property damage, or any user who knowingly makes any false
statements, representations or certifications in any application,
record, report, plan or other document filed, or required to be maintained
pursuant to this article, a wastewater discharge permit or order issued
under this article, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device of method required under this article,
may be subject to criminal prosecution in accordance with the applicable
provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq.
D.
Remedies
nonexclusive. The remedies provided for in this article are not exclusive.
The control authority may take any, all or any combination of these
actions against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with the control authority's
enforcement response plan. However, the control authority may take
other action against any user when the circumstances warrant. Further,
the control authority is empowered to take more than one enforcement
action against any noncompliant user.
A.
Performance
bonds. The control authority may decline to issue or reissue a wastewater
discharge permit to any user who has failed to comply with any provision
of this article, a previous wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the control
authority, in a sum not to exceed a valued determined by the control
authority to be necessary to achieve consistent compliance.
B.
Liability
insurance. The control authority may decline to issue or reissue a
wastewater discharge permit to any user who has failed to comply with
any provision of this article, a previous wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
unless the user submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
C.
Public
nuisances. A violation of any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement is hereby declared a public nuisance and shall
be corrected or abated as directed by the control authority. Any person(s)
creating a public nuisance shall be subject to the provisions of the
Second Class Township Code or Borough Code, as the case may be, and
applicable ordinances governing such nuisances, including reimbursing
the control authority for any costs incurred in removing, abating
or remedying said nuisance.
D.
Assessment
of civil penalties.
(1)
Pursuant to the provisions of Act 9 of 1992, providing for enhanced
penalty authority for publicly owned treatment works which are authorized
to enforce industrial pretreatment standards for industrial waste
discharges, and in addition to proceeding under any other remedy available
at law or equity for violation of pretreatment standards and/or requirements,
the control authority, as the operator of a publicly owned treatment
works, may assess a civil penalty upon an industrial user for violation
of any of the terms and provisions of this article. The penalty may
be assessed whether or not the violation was willful or negligent.
The civil penalty shall not exceed $25,000 per day for each violation,
regardless of jurisdictional boundaries. Each violation for each separate
day shall constitute a separate and distinct offense under this section.
(2)
As part of any notice of assessment of civil penalties issued by
the control authority to an industrial user, there shall also be included
a description of the applicable appeals process to be followed, including
the name, address and telephone number of the person responsible for
accepting such appeal on behalf of the control authority.
(3)
For purposes of this section, a single operational upset which leads
to simultaneous violations of more than one pretreatment standard
or requirement shall be treated as a single violation as required
by the federal Water Pollution Control Act. The control authority
may, however, recover its costs for reestablishing the operation of
the treatment works in addition to any civil penalty imposed under
this section.
(4)
The Lower Perkiomen Valley Regional Sewer Authority as control authority
shall publicly adopt a formal, written civil penalty assessment policy
and make it publicly available. Each industrial discharger participating
in the pretreatment program shall be given written notice of the policy.
The penalty assessment policy shall consider:
(a)
Damage to air, water, land or other natural resources of the
Commonwealth of Pennsylvania and their uses;
(b)
Costs of restoration and abatement;
(c)
Savings resulting to the person in consequence of the violation;
(d)
History of past violations;
(e)
Deterrence of future violations; and
(f)
Other relevant factors.
(5)
Uses for penalties. All civil penalties collected pursuant to this
section shall be placed by the control authority in a restricted account
and shall only be used by the control authority and the publicly owned
treatment works for the following uses:
(a)
The repair of damage and any additional maintenance needed or
any additional costs imposed as a result of the violation for which
the penalty was imposed;
(b)
To pay any penalties imposed on the Lower Perkiomen Valley Regional
Sewer Authority as control authority or the publicly owned treatment
works by the federal or state government for violation of pretreatment
standards;
(c)
For the costs incurred by the Lower Perkiomen Valley Regional
Sewer Authority as control authority or publicly owned treatment works
to investigate and take the enforcement action that resulted in a
penalty being imposed;
(d)
For the monitoring of discharges in the pretreatment program
and for capital improvements to the treatment works, including sewage
collection lines, which may be required by the pretreatment program;
and
(e)
Any remaining funds may be used for capital improvements to
the treatment works, including collection lines.
(6)
Injunctive relief.
(a)
The control authority shall have the power to obtain injunctive
relief to enforce compliance with or restrain any violation of any
pretreatment requirement or standard pursuant to and in accordance
with the provisions of Act 9 of 1992 and 40 CFR 403.8(f)(1)(vi)(A).
Injunctive relief shall be available upon the showing of one or more
of the following:
[1]
A discharge from an industrial user presents an imminent danger
or substantial harm to the POTW or the public;
[2]
A discharge from an industrial user presents an imminent or
substantial endangerment to the environment;
[3]
A discharge from an industrial user causes the POTW to violate
any condition of its discharge permit; or
[4]
The industrial user has shown a lack of ability or intention
to comply with a pretreatment standard.
(b)
Notwithstanding the preceding paragraph, an injunction affecting
an industrial operation not directly related to the condition or violation
in question may be issued if the court determines that other enforcement
procedures would not be adequate to affect prompt correction of the
condition or violation. In addition to an injunction, the court in
any such proceedings may levy civil penalties in accordance with Act
9 of 1992 and this article.
(7)
Appeal. An industrial user assessed with a civil penalty under the
terms of this section shall have 30 days to pay the proposed penalty
in full or, if the industrial user wishes to contest either the amount
of the penalty or the fact of the violation, the industrial user must
file an appeal of the action within 30 days pursuant to 2 Pa.C.S.A.
§ 105 (relating to administrative law and procedure). Failure
to appeal within this period shall result in a waiver of all legal
rights to contest the violation or the amount of the penalty.[1]
(8)
The penalty authorized in this section is intended to be concurrent
and cumulative, and the provisions of this section shall not abridge
or alter any right of action or remedy now or hereafter existing in
equity or under the common law or statutory law, criminal or civil,
available to a person, the Lower Perkiomen Valley Regional Sewer Authority
as control authority, or the commonwealth.
E.
Falsifying
information. Any person 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 a wastewater discharge permit, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this article, shall be prosecuted in accordance
with the provisions of the Pennsylvania Crimes Code pertaining to
perjury and falsification in official matters pursuant to 18 Pa.C.S.A.
§ 4901 et seq.
A.
Upset.
(1)
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3) below are met.
(3)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence, that:
(a)
An upset occurred and the user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(c)
The user has submitted the following information to the control
authority within 24 hours of becoming aware of the upset (if this
information is provided orally, a written submission must be provided
within five days):
[1]
A description of the indirect discharge and cause of noncompliance;
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
[3]
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in situations where, among other things, the primary
source of power of the treatment facility is reduced, lost or fails.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 235-31 of this article or the specific prohibitions in § 235-32 of this article, except § 235-32A(1), (2) and (8), if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference, and that either:
(1)
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to and during the pass-through
or interference; or
(2)
No local limits exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when
the Lower Perkiomen Valley Regional Sewer Authority as control authority
was regularly in compliance with the NPDES permit and, in the case
of interference, was in compliance with applicable sludge use or disposal
requirements.
C.
Bypass.
(1)
For the purposes of this section:
(a)
"Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
(b)
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
"Severe property damage" does not mean economic loss caused by delays
in production.
(3)
Notification.
(a)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the control authority, at least 10 days before
the date of the bypass, if possible.
(b)
A user shall submit oral notice to the control authority of
an unanticipated bypass that exceeds applicable pretreatment standards
within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five days of the time the
user becomes aware of the bypass. The written submission shall contain
a description of the bypass and its cause; the duration of the bypass,
including exact dates and times; and if the bypass has not been corrected,
the anticipated time it is expected to continue, and steps taken or
planned to reduce, eliminate and prevent reoccurrence of the bypass.
(4)
Unavoidable or no alternative.
(a)
Bypass is prohibited, and the control authority may take an
enforcement action against a user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage;
[2]
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal period of equipment downtime or preventive
maintenance; and
It is the purpose of this article to provide for the recovery
of costs from users of the Lower Perkiomen Valley Regional Sewer Authority's
wastewater disposal system for the implementation of the program established
herein. The applicable charges or fees shall be set forth in a Schedule
of Charges and Fees.
A.
The Lower Perkiomen Valley Regional Sewer Authority as control authority
may adopt, by resolution, charges and fees, which may include:
(1)
Fees for reimbursement of costs of setting up and operating the pretreatment
program;
(2)
Fees for monitoring, inspections and surveillance procedures;
(3)
Fees for reviewing accidental discharge procedures and construction;
(4)
Fees for permit applications;
(5)
Fees for filing appeals;
(6)
Fees for consistent removal of pollutants otherwise subject to federal
pretreatment standards; and
(7)
Other fees as the control authority may deem necessary to carry out
the requirements contained herein.
B.
These fees relate solely to the matters covered by this article and
are separate from all other fees or sewer rentals chargeable by the
Lower Perkiomen Valley Regional Sewer Authority as control authority
or any municipality contributing wastewater flows to the POTW.
