[Ord. 1065, 6/10/1991; as amended by Ord. 1295, 9/9/2013]
1.
Purpose and Policy. This Part sets forth uniform requirements for
direct and indirect contributors into the wastewater collection and
treatment system for the Bristol Borough Water and Sewer Authority
and enables the Authority to comply with all applicable state and
federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403). The objectives of this
Part are:
A.
To prevent the introduction of pollutants into the Borough 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 municipal 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 improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
D.
To provide for equitable distribution of the cost of the municipal
wastewater system.
E.
This Part provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users, authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customer's capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
F.
This Part shall apply to the Borough of Bristol users of the sewer
system. Except as otherwise provided herein, the Borough Manager or
his designee shall administer, implement, and enforce the Borough's
provisions of this Part.
2.
ACT OR "THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USERS
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BOROUGH MANAGER
BUILDING SEWER
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY OR EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
PASS THROUGH
PERSON
PH
POLLUTANTS
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT OR TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SHALL
SIGNIFICANT INDUSTRIAL USER
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
USERS
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
WATERS OF THE STATE
Definitions. Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this Part, shall have
the meaning 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 director in an NPDES state with an approved state pretreatment
program and the administrator of the EPA in a non-NPDES state or NPDES
state without an approved state pretreatment program.
An authorized representative of an industrial user may be:
(1) a principal executive officer of at least the level of vice president,
if the industrial user is a corporation; (2) a general partner or
proprietor if the industrial user is a partnership or proprietorship,
respectively; (3) a duly authorized representative of the individual
designated above if such representative is responsible for the overall
of the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of weight and concentration (milligrams
per liter (mg/l).
The Borough of Bristol.
The person designated by the Borough who is charged with
certain duties and responsibilities by this Part or his duly authorized
representative.
A sewer conveying wastewater from the premises of a user
to the POTW.
The Borough of Bristol is the Control Authority.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the State of Pennsylvania.
The U.S. Environmental Protection Agency or, where appropriate,
the term may be also used as a designation for the administrator or
other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) and (c) of the
Act, (33 U.S.C. § 1317), into the POTW (including holding
tank waste discharge into the system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to § 402
of the Act (33 U.S.C. § 1342).
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the Bristol Borough Water and Sewer Authority's NPDES permit. The
term includes prevention of sewage sludge use or disposal by the POTW
in accordance with § 405 of the Act (33 U.S.C. § 1345)
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA), the Clean Water Air Act, the
Toxic Substance Control Act, or more stringent state criteria (including
those contained in any state sludge management plan prepared pursuant
to Title IV of SWDA) applicable to the method of disposal or use employed
by the POTW.
Any regulation containing pollutant discharge limits promulgated
in accordance with 40 CFR 405-471 or § 307(b) and (c) of
the Act (33 U.S.C. § 1317).
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307(b)
of the Act and 40 CFR 403(5).
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a § 307(c)
(33 U.S.C. § 1317) Categorical Pretreatment Standard which
will be applicable to such source if such standard is thereafter promulgated.
A discharge which exits the POTW into waters of the United
States in quantities which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the plural where
indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste
discharged into water.
The man-made or man-inducted alteration of the chemical,
physical, biological, and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes other means, except as prohibited by
40 CFR 403(6)(d).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
A treatment works as defined by § 212 of the Act
(33 U.S.C. § 1292), which is owned in this instance by the
Bristol Borough Water and 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.
Is mandatory; may is permissive.
Any industrial user of the Borough's wastewater disposal
system who (1) has a discharge flow of 25,000 gallons or more per
average work day, or (2) has a flow greater that 5% of the POTW's
dry weather hydraulic or organic capacity, or (3) has in his waste
toxic pollutants as defined pursuant to § 307 of the Act
of Pennsylvania Statutes and rules, or (4) is found by the Borough,
Department of Environmental Protection (DEP), or the U.S. Environmental
Protection Agency (EPA) to have significant impact, either on sludge,
the system's effluent quality, or air emissions generated by the system.
A classification pursuant to the "Standard Industrial Classification
Manual" issued by the Executive Office of the President, Office of
Management and Budget, 1972.
State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Borough to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this Part, or his duly authorized representative.
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 provisions of CWA 307(a) or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's POTWS.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together which may be present, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
As set forth in § 18-304, Subsection 2, of this Part.
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.
3.
BOD
CFR
COD
EPA
l
mg
mg/l
NPDES
POTW
SIC
SWDA
TSS
USC
Abbreviations. The following abbreviations shall have the designated
meanings:
Biochemical oxygen demand.
Code of Federal Regulations.
Chemical oxygen demand.
Environmental Protected Agency.
Liter.
Milligrams.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Publicly Owned Treatment Works.
Standard Industrial Classification.
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
Total suspended solids.
United States Code.
[Ord. 1065, 6/10/1991]
1.
General Discharge Prohibitions. No user shall contribute or cause
to be contributed, directly or indirectly, any pollutant or wastewater
which will interfere with the operation or performance of the POTW.
These general prohibitions apply to all such users of the POTW whether
or not the user is subject to National Categorical Pretreatment Standards
or requirements. A user may not contribute the following substances
to any POTW:
A.
Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other
way to the POTW or to the operation of the POTW. Included in this
section, but not limited to, are waste streams with a closed cup flashpoint
of less than 40° F. or 60° C. using the test methods specified
in 40 CFR 201.21. At no time shall two successive readings on an explosion
hazard meter, at the point of discharge into the system or at any
point in the system, be more than 5% nor any single reading over 10%
of the lower explosive limit (LEL) of the meter. Prohibited materials
include, but are not limited to: gasoline, kerosene, naphtha, benzene,
toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, percholarates, bromates, carbides, hydrides and sulfides
and sulfates.
B.
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to, grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent line, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt
residues, residues from refining, or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes.
C.
Any wastewater having a pH less than six or greater than nine or
wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment, and/or personnel of the
POTW.
D.
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the POTW, or to exceed the limitations set forth in a categorical
pretreatment standard. A toxic pollutant shall include, but not be
limited to, any pollutant identified pursuant to § 18-307(a)
of the Act.
E.
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
F.
Any substance which may cause the POTW's effluent or any other product
of the POTW such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case, shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under § 405 of the Act; any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or state criteria applicable to the sludge
management method being used.
G.
Any substance which will cause the POTW to violate its NPDES and/or
state disposal system permit or the receiving water quality standards.
H.
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
I.
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C., 104° F., unless the POTW treatment
plant is designed to accommodate such temperature.
J.
Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which will
cause interference to the POTW. In no case shall a slug load have
a flow rate or contain concentration or quantities of pollutants that
exceed for any time period longer than 15 minutes more than five times
the average twenty-four-hour concentration, quantities, or flow during
normal operation.
K.
Any wastewater containing any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by the
Superintendent in compliance with applicable state and federal regulations.
L.
Any wastewater which causes a hazard to human life or creates a public
nuisance.
M.
Any pollutants that result in toxic gases, vapors, or fumes within
the POTW in a quantity that may cause acute worker health and safety
problems.
N.
Any discharge of petroleum oil, nonbiodegradable cutting oil, or
products of mineral oil origin in amounts that will cause interference
or pass through.
O.
The discharge of trucked or hauled pollutants.
2.
Federal Categorical Pretreatment Standard. Upon the promulgation
of the Federal Categorical Pretreatment Standards for a particular
industrial subcategory, the federal standards, if more stringent than
limitations imposed under this Part of sources in that subcategory,
shall immediately supersede the limitations imposed under this Part.
The Superintendent shall notify all affected users of the applicable
reporting requirements under 40 CFR 403(12).
3.
Modification of Federal Categorical Pretreatment Standards. Where
the Borough's wastewater treatment system achieves consistent removal
of pollutants limited by Federal Pretreatment Standards, the Borough
may apply to the approval authority for modification of specific limits
in the Federal 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 for the § 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
Borough may then modify pollutant discharge limits in the Federal
Pretreatment Standards if the requirements contained in 40 CFR, Part
403, 403(7), are fulfilled and prior approval from the approval authority
is obtained.
4.
Specific Pollutant Limitations. No person shall discharge wastewater
containing in excess of:
|
Biochemical oxygen demand - 5 days (BOD5)
|
600
| |
|
Chemical oxygen demand (COD)
|
1200
| |
|
Total suspended solids (TSS)
|
600
| |
|
Organic Fats, oils and grease
|
100
| |
|
Ammonia as N (NH3-N)
|
4.23
| |
|
Cadmium (total)
|
1.0
| |
|
Chromium (Hexavalent)
|
4.0
| |
|
Copper
|
3.0
| |
|
Cyanide (total)
|
1.0
| |
|
Lead
|
0.4
| |
|
Mercury
|
0.1
| |
|
Nickel
|
2.5
| |
|
Zinc
|
2.5
|
5.
State Requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this Part.
6.
Borough's Right of Revision. The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 18-301, Subsection 1, of this Part.
7.
Excessive Discharge. 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
the limitations contained in the Federal Categorical Pretreatment
Standards, or in any other pollutant-specific limitations developed
by the Borough or state.
8.
Accidental Discharges. Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this Part. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Borough
for review, and shall be approved by the Borough before construction
of the facility. All existing users shall complete such a plan as
designated by the Borough. No user who commences contribution to the
POTW after the effective date of this Part shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the Borough. Review and approval of such plans and
operating procedures shall not relieve the industrial users from the
responsibility to modify the user's facility as necessary to meet
the requirements of this Part. In the case of an accidental discharge,
it is the responsibility of the user to immediately telephone and
notify the POTW of the incident. The notification shall include location
of discharge, type of waste, concentration and volume, and corrective
actions.
9.
Written Notice. Within five days following an accidental discharge,
the user shall submit to the Borough Manager 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 Part or other applicable law.
10.
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 a dangerous discharge. Employers shall
insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
[Ord. 1065, 6/10/1991]
1.
Purposes. It is the purpose of this Part to provide for the recovery
of costs from users of the Borough's wastewater disposal system for
the implementation of the program established herein. The applicable
charges or fees shall be set forth in the Borough's schedule of charges
and fees.
2.
Charges and Fees. The Borough may adopt charges and fees which may
include:
A.
Fees for reimbursement of costs of setting up and operating the Borough's
pretreatment program.
B.
Fees for monitoring, inspections and surveillance procedures.
C.
Fees for reviewing accidental discharge procedures and construction.
D.
Fees for permit applications.
E.
Fees for filing appeals.
F.
Fees for consistent removal (by the Borough) of pollutants otherwise
subject to federal pretreatment standards.
G.
Other fees as the Borough may deem necessary to carry out the requirements
contained herein.
|
These fees relate solely to the matters covered by this Part
and are separate from all other fees chargeable by the Borough.
|
[Ord. 1065, 6/10/1991]
1.
Wastewater Dischargers. It shall be unlawful to discharge without
a Borough permit to any natural outlet within the Borough, or in any
area under the jurisdiction of said Borough, and/or to the POTW any
wastewater except as authorized by the Superintendent in accordance
with the provisions of this Part.
2.
Wastewater Contribution Permits.
A.
General Permits. All significant users proposing to connect to or
to contribute to the POTW shall obtain a wastewater discharge permit
before connecting to or contributing to the POTW. All existing significant
users connected to or contributing to the POTW shall obtain a wastewater
contribution permit within 180 days after the effective date of this
Part.
B.
Users required to obtain a wastewater contribution permit shall complete
and file with the Borough an application in the form prescribed by
the Borough, and accompanied by a fee as established by the Borough.
The application shall be signed by an authorized representative of
the industrial user, and certified by a qualified professional. Existing
users shall apply for a wastewater contribution permit within 30 days
after the effective date of this Part, and proposed new users shall
apply at least 90 days prior to connecting to or contributing to the
POTW. In support of the application, the user shall submit, in units
and terms appropriate for evaluation, the following information:
(1)
Name, address, and location, (if different from the address).
(2)
SIC number according to the "Standard Industrial Classification
Manual," Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics including, but not
limited to, those mentioned in § 18-302 of this Part as
determined by a reliable analytical laboratory; sampling and analysis
shall be performed in accordance with procedures established by the
EPA pursuant to § 18-304(g) of the Act and contained in
40 CFR, Part 136, as amended.
(4)
Time and duration of contribution.
(5)
Average daily and thirty-minute peak wastewater flow rates including
daily, monthly and seasonal variations if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation.
(7)
Description of activities, facilities and plant processes on
the premises including all materials which are or could be discharged.
(8)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any Borough, state, or federal
pretreatment standards, and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and if
not, whether additional operations and maintenance (O&M) and/or
additional pretreatment is required for the user to meet applicable.
(9)
If additional pretreatment and/or O&M; will be required
to meet the pretreatment standards; the shortest schedule by which
the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard.
(a)
The following conditions shall apply to this schedule:
1)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing).
2)
No increments referred to in subclause 1) shall exceed nine
months.
3)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Superintendent including as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Superintendent.
(10)
Each product produced by type, amount, process or processes
and rate of production.
(11)
Type and amount of raw materials processes (average and maximum
per day).
(12)
Number and type of employees, and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(13)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application.
|
The Borough will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance
of the data furnished, the Borough may issue a wastewater contribution
permit subject to terms and conditions provided herein.
|
C.
Permit Modifications. Within 90 days of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by § 18-303, Subsection 2, the user shall apply for a wastewater contribution permit within 45 days after the promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 45 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 18-304, Subsection 2B(8) and (9).
D.
Permit Conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this Part and all other applicable regulations,
user charges and fees established by the Borough. Permits may contain
the following:
(1)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents and
characteristics.
(3)
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge reports (see § 18-304, Subsection 3).
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Borough, and affording
Borough access thereto. All records shall be retained for not less
than three years.
(9)
Requirements for notification of the Borough and Authority of
any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system.
(11)
Other conditions as deemed appropriate by the Borough to ensure
compliance with this Part.
E.
Permits Duration. Permits shall be issued for a specified time period,
not to exceed five years. A permit may be issued for a period less
than a year or may be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of 90 days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the Borough during
the term of the permit as limitations or requirements as identified
in § 18-302 are modified or other just cause exists. The
user shall be informed of any proposed changes in his permit at least
30 days prior to the effective date of change. Any changes or new
conditions in the permit shall includes a reasonable time schedule
for compliance.
F.
Permit Transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the approval
of the Borough. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit.
3.
Reporting Requirements for Permittee.
A.
Compliance Date Report. Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Superintendent a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by pretreatment standards and requirements
and the average and maximum daily flow for these process units in
the user facility which are limited by such pretreatment standards
or requirements. The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent basis and,
if not, what additional O&M; and/or pretreatment is necessary
to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user, and certified to by a qualified
professional.
B.
Periodic Compliance Report.
(1)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Borough Manager during the months of June and December, unless required more frequently in the pretreatment standard or by the Borough Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Subsection 2D of this section. This report shall be signed by an authorized representative of the industrial user and certified to by a qualified professional. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the Borough Manager may agree to alter the months during which the above reports are to be submitted. In addition, any user of the POTW may be required to file periodic compliance report if requested by the Borough Manager.
(2)
The Borough Manager may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 18-304, Subsection 3B(1), of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein where are limited by the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
4.
Monitoring Facilities.
A.
The Borough shall require to be provided and operated at the user's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the
user's premises, but the Borough may, when such a location would be
impractical or cause undue hardship on the user, allow the facility
to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of sample for analysis.
The facility, sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Borough's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Borough.
5.
Inspection and Sampling. The Borough shall inspect the facilities
of any user to ascertain whether the purpose of this Part is being
met and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Borough or their representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination, and record copying, or in the performance
of any of their duties. The Borough, approval authority, and EPA shall
have the right set up on the user's property such devices as are necessary
to conduct sampling inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into their
premises, the user shall make necessary arrangements with their security
guards so that upon presentation of suitable identification, personnel
from the Borough, approval authority, and EPA will be permitted to
enter, without delay, for the purposes of performing their specific
responsibilities.
6.
Pretreatment.
A.
Users shall provide necessary wastewater treatment as required to
comply with this Part and shall achieve compliance with all Federal
Categorical Pretreatment Standards within the time limitations as
specified by the Federal Pretreatment Regulations. Any facilities
required to pretreat wastewater to a level acceptance to the Borough
shall be provided, operated, and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Borough for review, and shall be acceptable
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Borough under the provisions
of this Part. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Borough prior to the user's initiation of the changes.
B.
The Borough shall annually publish in the newspaper a list of the
users which were not in compliance with any pretreatment requirements
or standards at least once during the 12 previous months. The notification
shall also summarize any enforcement actions taken against the user
during the same 12 months.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
7.
Confidential Information.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspection
shall be available to the public or other government agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Borough that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this Part, the National Pollutant Discharge Elimination System
(NPDES) permit, state disposal system permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
C.
Information accepted by the Borough as confidential shall not be
transmitted to any governmental agency other than the United States
Department of Environmental Protection or to the general public by
the Borough until and unless a ten-day notification is given to the
user.
[Ord. 1065, 6/10/1991; as amended by Ord. 1235, 3/12/2007]
1.
Harmful Contribution.
A.
The Borough may suspend the wastewater treatment service and/or a
wastewater contribution permit when such suspension is necessary,
in the opinion of the Borough, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the Borough to violate any
condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Borough shall
take such steps as deemed necessary including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Borough shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Borough within 15
days of the date of occurrence.
C.
Notwithstanding the limitations set forth in this Part a special
variance or amendment may be issued whereby a waste of unusual character
or strength may be accepted, when in the opinion of the Bristol Borough
Water and Sewer Authority, unusual or extraordinary circumstances
compel special terms or special conditions. As a separate and additional
requirement, such variance or amendment will be issued on when, in
the opinion of the Authority, it would not have any deleterious effect
on the system by causing interference with or disruption in the treatment
works, or in violation of the NPDES permit or state water quality
criteria or standards. In no case shall a discharge be approved which
would exceed the limits established by a National Categorical Pretreatment
Standard.
D.
A user seeking a variance or amendment shall petition the Bristol
Borough Water and Sewer Authority in writing and provide documentation
of the exceptional circumstances which the user believes would justify
a variance or amendment. If a variance or amendment is approved by
the Authority, the user shall pay a surcharge in addition to the applicable
service charges. Said surcharge shall be established by the Authority
for each variance or amendment granted.
2.
Revocation of Permit. Any user who violates the following conditions
of this Part or applicable state and federal regulations, is subject
to having his permit revoked for:
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
B.
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics.
C.
Refusal or reasonable access to the user's premises for the purpose
of inspection or monitoring.
D.
Violation of conditions of the permit.
E.
Nonpayment of application or permit fees.
3.
Notification of Violation; Subject to the Provisions of § 18-305, Subsection 1.
A.
Harmful Contribution. Whenever the Borough finds that any user has
violated or is violating this Part, wastewater contribution permit,
or any prohibition, limitation or requirements contained herein, the
Borough may serve upon such person a written notice stating the nature
of the violation. Within 30 days of the date of the notice, a plan
for the satisfactory correction thereof shall be submitted to the
Borough by the user.
4.
Show Cause Hearing.
A.
Notwithstanding the aforesaid enforcement provisions the Borough
may order any user who causes or allows an unauthorized discharge
to enter the POTW to show cause before the Superintendent or designated
person why the proposed enforcement action should not be taken. A
notice shall be served on the user specifying the time and place of
a hearing to be held by the Superintendent regarding this violation,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested)
at least three days before the hearing. Service may be made on any
agent or officer of a corporation.
B.
In the case of a discharge that may cause serious immediate damage
to the POTW, the superintendent may issue an immediate administrative
order to cease such discharges.
C.
At any hearing held pursuant to this Part, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
D.
After the Superintendent has reviewed the evidence, it may issue
an order to the user responsible for the discharge directing that,
following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
[Ord. 1065, 6/10/1991]
1.
Summary Conviction. Any user or other 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
by this Part, permit conditions, who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under
this Part; or who shall violate any other provision of this Part or
who shall fail to comply with any of the requirements hereof, shall
upon conviction, be guilty of a summary offense and sentenced to pay
a fine not to exceed of $1,000 and costs of prosecution for each and
every violation or in default of payment of such fine and costs, to
undergo imprisonment for not more than 90 days for each violation.
Each day a violation continues shall constitute a separate offense.
2.
Legal Action.
A.
If any user or other person discharges sewage, industrial wastes
or other wastes into the POTW contrary to the provisions of this Part,
federal or state pretreatment requirements, or any order of the Borough,
the Borough Solicitor may commence an action for legal and/or equitable
relief in a court of competent jurisdiction. In addition to the other
penalties provided herein, the Borough may recover reasonable attorney
fees, court costs, court reporter fees, and other expenses of litigation.
B.
Any fines, costs, penalties or other expenses imposed upon or incurred
by the Borough or Authority as the result of any violation or violations
by users or other persons of any provision of this Part shall be assessed
against and chargeable to the user or other person and may be collected
as provided by law.
3.
Civil Penalties. Any user who is found to have violated an order
of the Borough or who fails to comply with any provisions of this
Part, and the orders, rules, regulations and permits issued hereunder,
shall be fined a sum not exceeding $1,000 a day for each violation.
Each day on which a violation shall occur or continue shall be deemed
a separate and distant offense. In addition to the penalties provided
herein, the Borough may recover reasonable attorneys fees, court costs,
court reporters fees and other expenses of litigation by appropriate
suit at law against the person found to have violated this Part or
the orders, rules, regulations and permits issued hereunder.
4.
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 Part, or permit condition, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required under this Part, shall, upon conviction, be punished by a
fine of not more than $1,000 or by imprisonment for not more than
six months, or by both.
