[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
The short title of this Part 4 shall be the "Salisbury Township
Industrial Waste Disposal and Discharge Ordinance relating to the
City of Allentown POTW."
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
This Part sets forth uniform requirements for users located within
the Township of Salisbury ("Township") of the publicly owned treatment
works for the City of Allentown ("City") and enables the Township
and City to comply with all applicable state and federal laws, including
the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General
Pretreatment Regulations [Title 40 of the Code of Federal Regulations
(CFR) Part 403]. The objectives of this Part are:
A.
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
B.
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
C.
To protect both publicly owned treatment works personnel who may
be affected by wastewater and biosolids in the course of their employment
and the general public;
D.
To promote reuse and recycling of industrial wastewater and biosolids
from the publicly owned treatment works;
E.
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
F.
To enable the Township and the City to comply with National Pollutant
Discharge Elimination System permit conditions, biosolids use and
disposal requirements, and any other federal or state laws to which
the publicly owned treatment works and Township are subject.
2.
This Part shall apply to all users of the publicly owned treatment
works. Part 4 authorizes the issuance of wastewater discharge permits;
provides for monitoring, compliance, and enforcement activities; establishes
administrative review procedures; requires user reporting; and provides
for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
Except as otherwise provided herein, the Director of Public
Works shall administer, implement, and enforce the provisions of this
Part except as specifically set forth herein, any powers granted to
or duties imposed upon the Director of Public Works shall be delegated
by the Director of Public Works to the Lehigh County Authority as
Concessionaire under the Concession Agreement.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
The following abbreviations, when used in this Part, shall have
the designated meanings:
Biochemical oxygen demand.
Best management practice.
Baseline monitoring report.
Code of Federal Regulations.
Categorical industrial user.
Chemical oxygen demand.
United States Environmental Protection Agency.
Gallons per day.
Industrial user.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Nonsignificant categorical industrial user.
Publicly owned treatment works.
Resource Conservation and Recovery Act.
Significant industrial user.
Significant noncompliance.
Standard industrial classification.
Total suspended solids.
United States Code.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Part, 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 EPA, Region III.
If the user is a corporation:
The president, secretary, treasurer, or a 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 operation
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 ensure 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 their designee.
The individuals described in Subsections A through C above may designate a 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 the Township and City.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 18-406, Subsection 1(A) and (B) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, management plans, and practices to control the discharge of pollutants.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 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 1, Subchapter N, Parts 405 through 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The City of Allentown or the City Council of Allentown.
The City of Allentown.
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 person designated by the City to supervise the operation
of the POTW, and the person designated by the Township to administer
this Part and who is charged with certain duties and responsibilities
by this Part or any other ordinance. The term also means a duly authorized
representative of the Director of Public Works.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Protection Division Director, or other
duly authorized official of said agency.
Any source of discharge that is not a "new source."
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source.
The Director of Public Works or a person designated by the
Director of Public Works who is charged with certain duties and responsibilities
by this Part.
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, inhibits or disrupts the POTW, its
treatment processes or operations or its biosolids processes, use
or disposal; and therefore, is a cause of a violation of the Township
and/or City's NPDES permits or of the prevention of sewage biosolids
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; the Solid Waste Disposal
Act, including Title II, commonly referred to as the Resource Conservation
and Recovery Act (RCRA)[1]; any state regulations contained in any state biosolids
management plan prepared pursuant to Subtitle D of the Solid Waste
Disposal Act; the Clean Air Act[2]; the Toxic Substances Control Act[3]; and the Marine Protection, Research, and Sanctuaries
Act[4].
Specific discharge limits developed and enforced by the City
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 building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located; 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 subsection
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 loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A classification pursuant to the North American Industry
Classification System Manual issued by the United States Office of
Management and Budget.
A discharge which exits the POTW into waters of the United
States in quantities of concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Township's and/or City'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. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage biosolids, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (including,
but not limited to, 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 prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 18-406 of this Part.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by the City or any municipality
which contributes wastewater to the City's system. 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.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Except as provided in Subsections C and D of this definition,
a significant industrial user is:
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
Contributes a process wastestream 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 Township and/or City on the basis
that it has a reasonable potential for adversely affecting the Township's
and/or POTW's operation or for violating any pretreatment standard
or requirement.
The City 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 City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in § 18-410 Subsection B [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 of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Township or the City 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 CFR403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 18-406 of this Part. 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 POTWs regulations, local limits or permit conditions.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The sum of free-ammonia and of organic nitrogen compounds
which are converted to ammonium sulfate (NH4) 2SO4 under conditions
specified by Standard Methods 20th Edition, Method 4500 or EPA Method
351.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
The Township of Salisbury, Lehigh County, Pennsylvania, a
municipal corporation.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Prohibited Discharge Standards.
A.
General Prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater that causes pass through
or interference. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements.
B.
Specific Prohibitions.
(1)
No user shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
(a)
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21 or wastewater causing two readings on an explosion
hazard meter at the point of discharge into the POTW, or at any point
in the POTW, of more than 5% or any single reading over 10% of the
lower explosive limit of the meter;
(b)
Wastewater having a pH less than 5.0 or more than 12.5, or otherwise
causing corrosive structural damage to the POTW or equipment;
(c)
Solid or viscous substances in amounts which, alone or in combination
with other substances, will cause obstruction of the flow in the POTW
resulting in interference;
(d)
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;
(e)
Wastewater having a temperature that 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.);
(f)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass
through;
(g)
Pollutants that 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;
(i)
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;
(j)
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;
(k)
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
(l)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, significant quantities of condensate,
deionized water, noncontact cooling water, and unpolluted water, unless
specifically authorized by the Director of Public Works;
(m)
Biosolids, screenings, or other residues from the pretreatment
of industrial wastes;
(n)
Medical wastes, except as specifically authorized by the Director
of Public Works in a wastewater discharge permit;
(o)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(p)
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW or its discharge;
(q)
Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 200 mg/L;
(r)
Any substance which is a hazardous waste;
(s)
Under 40 CFR Part 261.
(2)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
2.
National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471, which are hereby incorporated.
B.
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Director
of Public Works may convert the limits to equivalent limitations expressed
either as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
C.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Director
of Public Works shall impose an alternate limit using the combined
wastestream formula in 40 CFR § 403.6(e).
D.
When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City of Allentown convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director of Public Works. The City may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Subsection 2D(1)(a) through (e) of this section below.
(1)
To be eligible for equivalent mass limits, the industrial user
must:
(a)
Employ, or demonstrate that it will employ, water conservation
methods and technologies that substantially reduce water use during
the term of its wastewater discharge permit;
(b)
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard,
and not have used dilution as a substitute for treatment;
(c)
Provide sufficient information to establish the facility's actual
average daily flow rate for all wastestreams, based on data from a
continuous effluent flow monitoring device, as well as the facility's
long-term average production rate. Both the actual average daily flow
rate and the long-term average production rate must be representative
of current operating conditions;
(d)
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge; and
(e)
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass limits.
(2)
An industrial user subject to equivalent mass limits must:
(a)
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
(b)
Continue to record the facility's flow rates through the use
of a continuous effluent flow monitoring device;
(c)
Continue to record the facility's production rates and notify the Director of Public Works whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Subsection 2D(1)(c) of this section. Upon notification of a revised production rate, the Director of Public Works will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
(3)
When developing equivalent mass limits, the Director of Public
Works:
(a)
Will calculate the equivalent mass limit by multiplying the
actual average daily flow rate of the regulated process(es) of the
industrial user by the concentration-based daily maximum and monthly
average standard for the applicable categorical pretreatment standard
and the appropriate unit conversion factor;
(b)
Upon notification of a revised production rate, will reassess
the equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
(c)
May retain the same equivalent mass limit in subsequent wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Subsection 6 of this section. The industrial user must also be in compliance with § 18-417, Subsection 3, regarding the prohibition of bypass.
E.
The Director of Public Works may convert the mass limits of the categorical
pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration
limits for purposes of calculating limitations applicable to individual
industrial users. The conversion is at the discretion of the Director
of Public Works.
|
[Note: When converting such limits to concentration limits, the Director of Public Works will use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by Subsection 6 of this section [see 40 CFR403.6(d)]. In addition, the Director of Public Works will document how the equivalent limits were derived for any changes from concentration to mass limits, or vice versa, and make this information publicly available [see 40 CFR 403.6(c)(7)].
|
F.
Once included in its permit, the industrial user must comply with the equivalent limitations developed in Subsection 2 of this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived. [Note: See 40 CFR 403.6(c)(7).]
G.
Many categorical pretreatment standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average, or four-day average, limitations. Where such
standards are being applied, the same production or flow figure shall
be used in calculating both the average and the maximum equivalent
limitation. [Note: See 40 CFR403.6(c)(8)].
H.
Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the Director of Public Works within two business days
after the user has a reasonable basis to know that the production
level will significantly change within the next calendar month. Any
user not notifying the Director of Public Works of such anticipated
change will be required to meet the mass or concentration limits in
its permit that were based on the original estimate of the long-term
average production rate. [Note: See 40 CFR 403.6(c)(9).]
3.
State Pretreatment Standards. (Reserved)
4.
Local Limits.
A.
The Director of Public Works is authorized to establish local limits
pursuant to 40 CFR 403.5(c).
B.
Limits for discharging pollutants which are of concern to the Township
and/or POTW will be made using headworks loading analyses which has
been reviewed and approved by the approval authority. Allocations
for discharging such pollutants will be made to each significant industrial
user. Limits may be in the form of monthly average concentration,
daily maximum concentration, or instantaneous maximum concentration.
Limits will be contained in the wastewater discharge permits issued
and will be applied at the point where the wastewater is discharged
to the POTW unless otherwise specified in the permit issued. All concentrations
for metallic substances are for "total" metal unless indicated otherwise.
The Director of Public Works may impose mass limitations in addition
to, or in place of, the concentration-based limitations above.
5.
Township's and City's Right of Revision. The Township and City reserve
the right to establish, by ordinance or in wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW
consistent with the purpose of this Part.
6.
Dilution. 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 Director of Public Works 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.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Part and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 18-406, Subsection 1, of this Part within the time limitations specified by the EPA, the state, or the Director of Public Works, 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 procedure shall be submitted to the Director of Public Works for review, and shall be acceptable to the Director of Public Works before such facilities are constructed. Review and acceptance of plans are not an endorsement of the effectiveness of any facilities set forth therein and the Township and the City shall not be held liable in any way for the performance of said facilities. 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 Township and the City under the provisions of this Part.
2.
Additional Pretreatment Measures.
A.
Whenever deemed necessary, the Director of Public Works 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 wastestreams
from industrial wastestreams, and such other conditions as may be
necessary to protect the Township and/or POTW and determine the user's
compliance with the requirements of this Part.
B.
The Director of Public Works may require any person discharging into
the POTW to install and maintain, on their property and at their 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 when, in the
opinion of the Director of Public Works, 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 a type and
capacity approved by the Director of Public Works 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 their expense.
D.
Users with the potential to discharge flammable substances may be
required by the Director of Public Works to install and maintain an
approved combustible gas detection meter.
3.
Accidental Discharge/Slug Control Plans. The Director of Public Works
shall evaluate whether each significant industrial user needs an accidental
discharge/slug control plan or other action to control slug discharge.
The Director of Public Works may require any user to develop, submit
for approval, and implement such a plan, or take such other action
that may be necessary to control slug discharges. Alternatively, the
Director of Public Works may develop such a plan for any user. An
accidental discharge/slug control plan shall address, at a minimum,
the following:
A.
Description of discharge practices, including nonroutine batch discharges;
B.
Description of stored chemicals;
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.
4.
Hauled Wastewater.
A.
Any hauler, operator, person or persons cleaning cesspools, septic
tanks, privies or any other container governed by this section shall
obtain a license from the City before cleaning such containers and
hauling the material to the designated place of disposal within the
City. Such license cannot be transferred from one operator, owner,
person or persons, to another without prior approval by the City.
B.
The sewage and wastes discharged into the POTW shall not contain industrial waste, chemicals or other matter, with or without pretreatment that does not conform to the requirements of § 18-406, Subsection 1, or any other requirements established by the City. The Director of Public Works may require the hauler to provide a waste analysis of any load prior to discharge. The Director of Public Works may require a hauler to obtain an industrial waste discharge permit.
C.
Any waste to be discharged from tank trucks shall be disposed at
the location designated by the Director of Public Works at the POTW
at the time or times fixed by the Director of Public Works.
D.
Haulers must provide a waste-tracking form, or forms, for every load.
For each privy, cesspool, septic tank or container cleaned by a hauler,
operator or any person, a cleaning permit shall first be obtained
from the City by the person or persons intending to clean such a receptacle.
This form is to be issued by the City before the beginning of said
cleaning work. The form shall contain the following:
(1)
Name and address of the property owner at the source of the
waste;
(2)
Date of issue;
(3)
Name of hauler, operator or person contracted to clean this
structure, etc.;
(4)
Type of container, septic tank, privy, cesspool or any other,
and volume;
(5)
Serial number of permit;
(6)
Signature of person completing the form.
E.
Any tank truck or any equipment used or intended to be used for the
removal, transportation and disposal of sewage and industrial wastes
shall conform to the following requirements:
(1)
The container shall be watertight;
(2)
Tanks, containers or other equipment shall be so constructed
that every portion of the interior and exterior can be easily cleaned
and shall be kept in a clean and sanitary condition;
(3)
Piping, valves and permanent or flexible connections shall be
accessible and easily disconnected for cleaning purposes;
(4)
The inlet opening, or opening to every container, shall be so
constructed that the material will not spill outside during filling,
transfer or transport;
(5)
The outlet connections shall be so constructed that no material
will leak out, run out to other than the point of discharge and shall
be of a design and type suitable for the material handled and capable
of controlling the flow or discharge without spillage, undue spray
or flooding immediate surroundings while in use;
(6)
No connection shall be made at any time between a tap or outlet
furnishing potable water on any premises and any container or equipment
holding material by any means other than an open connection.
F.
The license fee for renewal of a current septage hauler's permit
as required herein is to be established in accordance with the requirements
of the Charter. No permits are to be issued to any new applicants.
All permits to be issued will be to an individual, corporation or
firm on file for the year preceding the permit renewal date. A new
applicant may obtain a license by purchase of the business of a licensed
hauler whose license is current and valid. The new license will be
limited to that annual volume of waste previously disposed of at the
plant under the license purchased. This assumption of the business
by a new owner limits the area of collection to those townships, boroughs,
villages, towns and other governmental boundaries which are serviced
by the integrated sewer system served by the City of Allentown. The
term of the license shall be from June 1 to May 31 of the succeeding
year.
G.
The fee for disposal into the City Sewage Treatment Plant, at the
location designated, shall be established in accordance with the requirements
of the Charter and shall be based on a rate per 1,000 gallons, or
a portion thereof.
H.
An application form shall be filled out by the hauler, operator,
owner, person or persons, prior to the conducting of such a business
within the City as governed in this section. The application form
shall contain the following information:
(1)
Name and address of owner, operator, hauler, person or persons.
(2)
Date of the license issued.
(3)
The fee for the license as required herein to be established
in accordance with the requirements of this Part.
(4)
Term of the license: From June 1 to May 31 of the succeeding
year.
(5)
The size and make of truck, containers, etc., stated in gallons.
(6)
Place of storage, garage or parking of trucks, containers, etc.,
when not in use.
(7)
License cannot be transferred from one operator, owner, person
or persons to another without approval by the City.
(8)
A statement to the effect that such trucks, containers, equipment,
etc., will be available for inspection by the person designated to
make inspection from the City at such time and place agreeable to
both hauler and inspector.
(9)
Refusal of agreement to these conditions of inspection at a
reasonable time can be cause for forfeiture of the license.
(10)
A higher fee per load, container or portion thereof can be charged,
if the need for processing, extra analyses, etc., shall be necessary.
(11)
If a tank or container contains more than 1,000 gallons, an
additional fee shall be charged for each 1,000 gallons additional,
or portion thereof. The additional fee, as required herein, is to
be established in accordance with the requirements of this Part.
(12)
It shall be understood by all applicants for a permit or those
having a license that the septage haulers' permits are an extended
courtesy by the City and upon 60 days notification by the City can
be terminated if there is reasonable cause for such type action or
there is a necessity to reduce the volume of materials to allow the
City to comply with its effluent limitations for discharge to the
Lehigh River or for any other functional activity at the wastewater
treatment plant operations, which would require a reduction in the
septage volume being processed.
I.
Failure to secure a license, permit or pay dumping fees, when required,
as governed in this section or operating after suspension or revocation
of a license or permit by the City shall constitute a violation of
this section. When a written notice of a violation of any of the provisions
of this section has been served upon any hauler, owner, operator,
person or persons in this business, such violation shall be discontinued
immediately. In such cases when the violation is of immediate danger
to the health of the public, and is in danger of damage to the sewage
treatment plant system, such operation must cease at once, until the
condition is remedied and abated.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Wastewater Analysis. When requested by the Director of Public Works,
a user must submit information on the nature and characteristics of
its wastewater within 90 days of the request. The Director of Public
Works is authorized to prepare a form for this purpose and may periodically
require users to update this information.
2.
Wastewater Discharge Permit Requirement.
A.
No significant industrial user shall discharge wastewater in the Township or into the POTW without first obtaining a wastewater discharge permit from the Director of Public Works, except that a significant industrial user that has filed a timely application pursuant to Subsection 5A(3) of this section may continue to discharge for the time period specified therein.
B.
The Director of Public Works may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this Part.
C.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in §§ 18-414 and 18-416 of this Part. 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.
3.
Wastewater Discharge Permitting; Existing Connection. Any user required to obtain a wastewater discharge permit who was discharging wastewater in the Township and/or into the POTW prior to the effective date of this Part and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the Director of Public Works for a wastewater discharge permit in accordance with Subsection 5 of this section, and shall not cause or allow discharges in the Township and/or into the POTW to continue after 180 days of the effective date of this Part except in accordance with a wastewater discharge permit issued by the Director of Public Works.
4.
Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the Township or into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection 5 of this section, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
5.
Wastewater Discharge Application Contents.
A.
All users required to obtain a wastewater discharge permit must submit
a permit application. The Director of Public Works may require all
users to submit as part of an application the following information:
(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 wastestream formula set out in Section 2.2C [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 Director of Public Works, 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 § 18-410, Subsection 9, of this Part. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director of Public Works or the applicable standards to determine compliance with the standard.
(8)
Any other information as may be deemed necessary by the Director
of Public Works to evaluate the permit application.
B.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
6.
Application Signatories and Certification.
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
Director of Public Works prior to or together with any reports to
be signed by an authorized representative.
7.
Individual Wastewater Discharge Decisions. The Director of Public
Works 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 Director of Public Works will determine
whether or not to issue a wastewater discharge permit. The Director
of Public Works may deny any application for a wastewater discharge
permit.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Wastewater Discharge Permit Duration. 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 Director of Public Works. Each wastewater discharge permit
will indicate a specific date upon which it will expire.
2.
Wastewater Discharge Permit Contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the Director of Public Works 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 biosolids 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;
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Township and the City in accordance with Subsection 5 of this section and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3)
Effluent limits, including best management practices, based
on applicable pretreatment standards;
(4)
Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants or best management practice to be monitored, sampling location,
sampling frequency, and sample type based on federal, state, and local
law;
(5)
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; and
(6)
Requirements to control slug discharge, if determined by the
Director of Public Works to be necessary.
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 Township and POTW;
(5)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the Township and POTW;
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment, including flow measurement
devices;
(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 Director of Public
Works to ensure compliance with this Part 4, and state, federal and
local laws, rules, and regulations.
3.
Wastewater Discharge Permit Appeals. The Director of Public Works
shall provide public notice of the issuance of a wastewater discharge
permit. Any person, including the user, may petition the Director
of Public Works 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 Director of Public Works 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 review of the final administrative wastewater
discharge permit decision may appeal to the Industrial Waste Hearing
Board.
4.
Wastewater Discharge Permit Modification. The Director of Public
Works 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,
process, 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 Township and/or the POTW, personnel, biosolids, 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; or
5.
Wastewater Discharge Permit Transfer.
A.
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 Director of Public Works and the Director of Public Works approves
the wastewater discharge permit transfer. The notice to the Director
of Public Works must include a written certification by the new owner
or operator which:
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
6.
Wastewater Discharge Permit Revocation.
A.
The Director of Public Works may revoke a wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1)
Failure to notify the Director of Public Works of significant
changes to the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the Director of Public Works of changed conditions pursuant to Subsection 5 of this section.
(3)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports and certification statements;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Director of Public Works 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 Part.
B.
Individual 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.
7.
Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-408, Subsection 5, of this Part, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
8.
Regulation of Waste Received from Other Jurisdictions.
A.
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the City shall enter into an intermunicipal
agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection 8A of this section above, the Director of Public Works shall request the following information from the contributing municipality:
(1)
A description of the quality and volume of wastewater discharged
to the Township and POTW by the contributing municipality;
(2)
An inventory of all users located within the contributing municipality
that are discharging to the Township and POTW; and
(3)
Such other information as the Director of Public Works may deem
necessary.
C.
An intermunicipal agreement, as required by Subsection 8A 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 Part and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 18-406, Subsection 4, of this Part. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Township's and City's ordinances 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 Director of Public
Works; and which of these activities will be conducted jointly by
the contributing municipality and the Director of Public Works;
(4)
A requirement for the contributing municipality to provide the
Director of Public Works with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(5)
Requirements for monitoring the contributing municipality's
discharge;
(6)
A provision ensuring the Director of Public Works 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 Director of Public Works;
and
(7)
A provision specifying remedies available for breach of the
terms of the intermunicipal agreement.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Baseline Monitoring Reports.
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 Township or POTW shall submit to the Director of Public Works a report which contains the information listed in Subsection 1B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director of Public Works a report which contains the information listed in Subsection 1B 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.
(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 wastestream formula in 40 CFR403.6(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 Director of Public Works 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)
Compliance Certification. A statement, reviewed by the user's authorized representative as defined in the definition of "authorized or duly authorized representative of the user" in § 18-405, and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(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 Subsection 2 of this section.
2.
Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Subsection 1B(4) of this section.
A.
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, 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 nine months;
C.
The user shall submit a progress report to the Director of Public
Works no later than 14 days following each date in the schedule and
the final date of compliance, including, as a minimum, whether or
not it complied with the increment of progress, the reason for any
delay, and, if appropriate, the steps being taken by the user to return
to the established schedule; and
D.
In no event shall more than nine months elapse between such progress
reports to the Director of Public Works.
3.
Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the Township and POTW, any user subject to such pretreatment standards and requirements shall submit to the Director of Public Works a report containing the information described in § 18-408, Subsection 5A(6) and (7), and Subsection 1B(2) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR, 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 § 18-408, Subsection 6, of this section. All sampling will be done in conformance with Subsection 10 of this section.
4.
Periodic Compliance Reports.
A.
All significant industrial users must, at a frequency determined
by the Director of Public Works, 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 Director of Public Works or the pretreatment standard
necessary to determine the compliance status of the user.
B.
All periodic compliance reports must be signed and certified in accordance with Subsection 13 of this section.
C.
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.
D.
If a user subject to the reporting requirement in this section monitors any pollutant at the appropriate sampling location more frequently than required by the Director of Public Works, using the procedures prescribed in Subsections 9 and 10 of this section, the results of this monitoring shall be included in the report.
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 Director of Public Works, using the procedures prescribed in Subsection 10 of this section, the results of this monitoring shall be included in the report.
5.
Reports of Changed Conditions.
A.
Each user must notify the Director of Public Works 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.
B.
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater, loading increases
of 20% or more for pollutants, and the discharge of any previously
unreported pollutants.
6.
Reports of Potential Problems.
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 load, that may cause potential problems
for the Township and/or POTW, the user shall immediately telephone
and notify the Director of Public Works 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 Director of Public Works, submit a detailed written
report 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 Township
and/or 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 Part.
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 6A of this section 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 Director
of Public Works immediately of any changes at its facility affecting
the potential for a slug discharge.
7.
Reports from Unpermitted Users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Director of Public Works as the Director of Public Works may require
from time to time.
8.
Notice of Violation/Repeat Sampling and Reporting. If sampling performed
by a user indicates a violation, the user must notify the Director
of Public Works within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the Director of Public Works within
30 days after becoming aware of the violation. Resampling by the industrial
user is not required if the City performs sampling at the user's facility
at least once a month, or if the City performs sampling at the user
between the time when the initial sampling was conducted and the time
when the user or the City receives the results of this sampling, or
if the City has performed the sampling and analysis in lieu of the
industrial user.
9.
Analytical Requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 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 Director of Public
Works or other parties approved by the EPA.
10.
Sample Collection. 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 Subsection 10B 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 Director of Public Works. Where time-proportional composite sampling or grab sampling is authorized by the Township and/or City, 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 Township and/or City, 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 Subsections 1 and 3 of this section [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 Director of Public Works may authorize a lower minimum. For the reports required by Subsection 4 of this section [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 ensure compliance by with applicable pretreatment standards and requirements.
11.
Date of Receipt of Reports. Written reports will be deemed to have
been submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
12.
Recordkeeping. Users subject to the reporting requirements of this Part 4 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 4 and 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 § 18-406, Subsection 4C. 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 Township and/or the City, or where the user has been specifically notified of a longer retention period by the Director of Public Works.
13.
Certification Statements.
A.
Certification of Permit Applications, User Reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 18-408, Subsection 6; users submitting baseline monitoring reports under Subsection 1B(5) of this section; users submitting reports on compliance with the categorical pretreatment standard deadlines under Subsection 3 of this section; users submitting periodic compliance reports required by Subsection 4 of this section. The following certification statement must be signed by an authorized representative as defined in the definition of "authorized or duly authorized representative of the user" in § 18-403.
|
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 Director of Public Works pursuant to § 405 Subsection C of the definition of "significant industrial user" in § 18-405 and § 18-408, Subsection 6C, must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of "authorized or duly authorized representative of the user" in § 18-405. This certification must accompany an alternative report required by the Director of Public Works:
|
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)
|
The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in Subsection C of the definition of "significant industrial user" in § 18-405;
|
|
(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.
| |
|
__________
| |
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Right of Entry: Inspection and Sampling. The Director of Public Works
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this Part and
any wastewater discharge permit or order issued hereunder. Users shall
allow the Director of Public Works 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.
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 Director of Public
Works will be permitted to enter without delay for the purposes of
performing specific responsibilities.
B.
The Director of Public Works 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 Director of Public Works 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 annually to ensure their accuracy.
D.
Any temporary or permanent obstruction to 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 Director of Public
Works and shall not be replaced. The costs of clearing such access
shall be borne by the user.
E.
Unreasonable delays in allowing the Director of Public Works access
to the user's premises shall be a violation of this Part.
2.
Search Warrants. If the Director of Public Works 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 Part, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the
Township or City designed to verify compliance with this Part or any
permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the Director of
Public Works may seek issuance of a search warrant from the appropriate
issuing authority.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the Director of Public Works 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 Director of Public Works, 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 the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR 2.302 will not be recognized
as confidential information and will be available to the public without
restriction.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
The Director of Public Works 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, 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 1C, 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 taken 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 § 18-406;
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 § 18-406 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 § 18-406 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director of Public Works determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of the Township and/or POTW personnel or the general public;
D.
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the Director
of Public Works exercising his emergency authority to halt or prevent
such a discharge;
E.
Failure to meet, within 90 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 45 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 Director of Public Works determines will adversely
affect the operation or implementation of the local pretreatment program.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Notification of Violation. When the Director of Public Works finds
that a user has violated, or continues to violate, any provision of
this Part, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, the Director of
Public Works of the Township or POTW may serve upon that user a written
notice of violation. Within 20 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 Director of Public Works. 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 Director of Public
Works to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
2.
Consent Order. The Director of Public Works may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will 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 Subsections 4 and 5 of this section and shall be judicially enforceable.
3.
Show-Cause Hearing. The Director of Public Works may order a user
which has violated, or continues to violate, any provision of this
Part 4, a wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, to appear before the
Director of Public Works 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. A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
4.
Compliance Orders. When the Director of Public Works finds that a
user has violated, or continues to violate, any provision of this
Part 4, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, the Director of
Public Works 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.
5.
Cease-and-Desist Orders. When the Director of Public Works finds
that a user has violated or continues to violate any provision of
this Part, 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 Director of Public Works
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
A.
Immediately comply with all requirements; and
B.
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease-and-desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
6.
Administrative Fines.
A.
When the Director of Public Works finds that a user has violated,
or continues to violate, any provision of this Part, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Director of Public Works may fine such
user in an amount not to exceed $25,000 regardless of jurisdictional
boundaries. Such penalties shall be assessed on a per violation, per
day basis. In the case of monthly or other long-term average discharge
limits, penalty shall be assessed for each day during the period of
violation. The penalties may be assessed whether or not the violation
was willful or negligent.
B.
Notice of assessment of penalty shall state the appeal process to
be followed, including the name, address and telephone number of the
person responsible for accepting such appeal. Said notice shall also
contain the date or dates of violation, the permit requirement that
was violated, and the amount of penalty assessed. The notice shall
state the time frame for appeal. It shall be served personally on
the violator or shall be sent by certified mail to the address of
the permit holder as noted on the permit.
C.
The penalty shall be assessed in accordance with the Chart for Assessment,
below, which sets forth the Township's/City of Allentown's assessment
policy considering damage to air, water, land or other natural resources,
cost of restoration and abatement, savings resulting to the person
for the violation, history of past violations, deterrence of future
violations and other relevant factors.
D.
Chart for Assessment.
|
Damage to Environment
|
Points
|
Cost of Restoration/Abatement
|
Points
|
|---|---|---|---|
|
Extreme
|
5
|
Over 10,000
|
5
|
|
Severe
|
4
|
7,000
|
4
|
|
Moderate
|
3
|
5,000
|
3
|
|
Slight
|
2
|
2,500
|
2
|
|
None
|
1
|
0
|
1
|
|
Savings to Violator
|
Points
|
Past Violations No. of Violations in Last 365 Days
|
Points
|
|---|---|---|---|
|
10,000
|
5
|
5
|
5
|
|
7,500
|
4
|
4
|
4
|
|
5,000
|
3
|
3
|
3
|
|
2,500
|
2
|
2
|
2
|
|
0
|
1
|
1
|
1
|
|
Other Factors Will Be Considered
|
|
Other factors which may be considered include, but are not limited
to: damage to POTW, willfulness or concealment, endangerment to the
public and/or POTW personnel.
|
|
Points shall be assessed for a violation in accordance with
the above chart which constitutes the Township's and the City of Allentown's
assessment policy.
|
|
Points shall be totaled and the fine shall be assessed as follows:
|
|
Number of Points
|
Penalty
|
|---|---|
|
25
|
$25,000
|
|
20
|
$20,000
|
|
15
|
$15,000
|
|
10
|
$10,000
|
|
5
|
$5,000
|
|
The assessment of penalties may include numbers which are not
whole, such as 1.5, to allow flexibility and discretion by the Director
of Public Works in arriving at a fair and appropriate penalty. The
above listed fine shall be then prorated to reflect the less-than-whole
number of points assessed.
|
|
Example: Total Points = 12.5
|
|
Civil Penalty = $12,500
|
E.
All fines collected shall be placed in restricted accounts and shall
only be used by the Township and/or City of Allentown, depending upon
which has sustained damage to its facilities and/or environment and
in what proportion, to repair damage and provide for additional maintenance
and costs as a result of violations, to pay penalties imposed by any
local, state or federal government for violation of pretreatment standards,
for the costs of investigation and enforcement action, for monitoring
of discharge in the pretreatment program and for capital improvement
to the POTW.
F.
Any party seeking to appeal the assessment of a fine shall do so
by filing a notice of appeal with the Director of Public Works within
30 days after receipt or service of said notice. The Appeal Board
shall hear all such appeals. A transcript shall be made of said hearing
at the sole expense of the appellant. The appellant shall pay the
cost of appeal and the sum for estimate of stenographer bills at the
time of filing said appeal. Failure to pay said sums at the time of
filing shall make the appeal void. After the hearing, any additional
stenographer charges shall be billed to the appellant and shall be
paid in full within 10 days of receipt or appeal shall be null and
void ab initio. The Appeals Board shall either affirm the decision
of the Director of Public Works or reverse or modify the same as the
substantial evidence indicates in accordance with the assessment policy
adopted by the Township and the City. Appeals from the decision of
the Appeals Board shall be in accordance with state law.
G.
Each permit holder shall keep the Township and City apprised, in
writing, of any change in mailing address. The address on the permit
shall be used to send all correspondence and notice of civil assessment
to permit holders. The sending of a notice of civil assessment to
a permit holder's address on permit shall conclusively be presumed
to be valid service; thus, if the certified mail sent to such address
is not accepted or picked up by the permit holder, the date of service
shall be the date that the certified mail was rejected or returned
unclaimed.
H.
The Township and City shall charge all costs for reestablishing the
operation of the publicly owned treatment works after a user has violated,
or continues to violate, any provision of this Part, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement. These costs shall be paid by the user within
10 days after notice of assessment of the same. Notice and appeal
rights shall be the same as in the case of assessment of civil penalties.
Any user not paying said assessment shall pay an additional penalty
of 5% of the penalty per month or any part thereof.
I.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
7.
Emergency Suspensions.
A.
The Director of Public Works 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 Director of Public Works may also
immediately suspend a user's discharge, after notice and opportunity
to respond, that threatens to interfere with the operation of the
Township and/or POTW, or which presents, or may present, an endangerment
to the environment.
(1)
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 Director of Public Works may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the Township and/or POTW, its receiving stream, or endangerment to any individuals. The Director of Public Works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, unless the termination proceedings in Subsection 8 of this section are initiated against the user.
(2)
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 Director of Public Works prior to the date of any show cause or termination hearing under Subsection 3 or 8 of this section.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
8.
Termination of Discharge.
A.
In addition to the provisions in Subsection 6 of this section, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection 3 of this section why the proposed action should not be taken. Exercise of this option by the Director of Public Works shall not be a bar to, or a prerequisite for, taking any other action against the user.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Injunctive Relief. When the Director of Public Works for the Township
or POTW finds that a user has violated, or continues to violate, any
provision of this Part, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
Director of Public Works for the Township and/or POTW may petition
the Lehigh County Court of Common Pleas for the issuance of a restraining
order, 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 Part on activities of
the user. The Director of Public Works may also seek such other action
as is appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
2.
Civil Penalties.
A.
A user who has violated, or continues to violate, any provision of
this Part, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall be liable
to the Township, the City, or both, for a maximum civil penalty to
each 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.
B.
The Director of Public Works 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 Township and/or City.
C.
In determining the amount of civil liability, the Court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration 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.
D.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
3.
Criminal Prosecution.
A.
A user who willfully or negligently violates any provision of this
Part, a wastewater discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement shall, upon conviction,
be guilty of a summary offense, punishable by a fine of not more than
$1,000 per violation, per day, or imprisonment for not more than 90
days, or both.
B.
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and be subject to a penalty
of at least $1,000 or be subject to imprisonment for not more than
90 days, or both. This penalty shall be in addition to any other cause
of action for personal injury or property damage available under state
law.
C.
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
Part, wastewater discharge permit, or order issued hereunder, 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 per violation, per day,
or imprisonment for not more than 90 days, or both.
D.
In the event of a second conviction, a user shall be punished by
a fine of not more than $1,000 per violation, per day, or imprisonment
for not more than one year, or both.
4.
Remedies Nonexclusive. The remedies provided for in this Part are
not exclusive. The Director of Public Works for the Township, the
POTW, or both, 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 Township's and/or City's
enforcement response plan. However, the Director of Public Works may
take other action against any user when the circumstances warrant.
Further, the Director of Public Works is empowered to take more than
one enforcement action against any noncompliant user.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Performance Bonds. The Director of Public Works may decline to issue
or reissue a wastewater discharge permit to any user who has failed
to comply with any provision of this Part, 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 Township and City, in a sum not to exceed a value determined
by the Director of Public Works to be necessary to achieve consistent
compliance.
2.
Liability Insurance. The Director of Public Works may decline to
issue or reissue a wastewater discharge permit to any user who has
failed to comply with any provision of this Part, a previous wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, unless the user first submits proof that
it has obtained financial assurances sufficient to restore or repair
damage to the Township and/or POTW caused by its discharge.
3.
Water Supply Severance. Whenever a user has violated or continues
to violate any provision of this Part, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will recommence,
at the user's expense, only after the user has satisfactorily demonstrated
its ability to comply.
4.
Contractor Listing. Users which have not achieved compliance with
applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Township. Existing contracts for the sale of goods or services
to the Township held by a user found to be in significant noncompliance
with pretreatment standards or requirements may be terminated at the
discretion of the Director of Public Works.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Upset.
A.
For the purpose 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.
B.
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection 1C below are met.
C.
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1)
An upset occurred and the user can identify the cause(s) of
the upset;
(2)
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
(3)
The user has submitted the following information to the Director
of Public Works within 24 hours of becoming aware of the upset (if
this information is provided orally, a written submission must be
provided within five days);
(a)
A description of the indirect discharge and cause of noncompliance;
(b)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
(c)
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
D.
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
E.
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.
F.
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 the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost,
or fails.
2.
Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 18-406, Subsection 1A, of this Part or the specific prohibitions in § 18-406, Subsection 1B(3) through (17) of this Part 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:
A.
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
B.
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
Township and/or City was regularly in compliance with its NPDES permit,
and in the case of interference, was in compliance with applicable
biosolids use or disposal requirements.
3.
Bypass.
A.
For the purpose of this section:
(1)
"Bypass" means the intentional diversion of wastestreams from
any portion of a user's treatment facility.
(2)
"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.
C.
Bypass Notifications.
(1)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Director of Public Works, at least 10 days
before the date of the bypass, if possible.
(2)
A user shall submit oral notice to the Director of Public Works
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.
The Director of Public Works may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
D.
Bypass.
(1)
Bypass is prohibited, and the Director of Public Works may take
an enforcement action against a user for a bypass, unless:
(a)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(b)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Establishment of Hearing Board. A hearing board consisting of five
members shall be established as set forth herein to resolve differences
and hear appeals between the owners of any improved property on matters
concerning the interpretation and execution of the provisions of this
Part by the Industrial Waste Manager.
2.
Appointment of Hearing Board. The Council appointment shall be made
by the City's Council President; and the Lehigh County Authority appointment
shall be made by the Lehigh County Authority; the remaining appointees
shall be City residents, and the City Council designee shall be a
City resident.
A.
One member of the Board shall be a member of the Lehigh County Authority
or their designee; one member shall be from City Council or their
designee; one member shall be a professional engineer skilled in the
practice of sanitary engineering; one member shall be a representative
of industry or manufacturing enterprise; and one member shall be a
lawyer.
(1)
The initial appointments to the Board shall be for the following
terms:
(a)
Lehigh County Authority Representative or Designee: five years
(Lehigh County Authority appointee).
(b)
Professional Engineer (Sanitary Engineer): four years (Mayor
appointee).
(c)
Industrial Representative: three years (Mayor appointee).
(d)
Legal Representative: two years (Mayor appointee).
(e)
City Council Member or Designee: one year (City Council appointee).
(2)
All succeeding terms shall be for a period of five years. Council
will select their member or designee; Lehigh County Authority will
select their member or designee. The Mayor, with the consent of Council,
shall appoint the remaining representatives (Professional Engineer,
Industrial, and Legal) to fill vacancies on the Board to complete
unexpired terms. Interim appointments may be permitted to serve an
additional full term on the Board.
3.
Hearing Board Powers.
A.
The Hearing Board shall have the following powers:
(1)
To hear appeals from any person aggrieved by the application
of this Part;
(2)
To make rules with regard to conducting its hearings, such rules
to be submitted to Council for their advice and consent;
(3)
To make such findings of fact as may be required by the application
of this Part;
(4)
To decide questions presented.
B.
Aggrieved parties seeking judicial review of the decision of the
Industrial Waste Hearing Board must file an appeal pursuant to state
law.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
Pretreatment Charges and Fees. Pretreatment charges and fees shall
be in accordance with the concession agreement. Such fees and charges
shall include a reasonable amount for reimbursement of costs of setting
up and operating the Township's and/or City's Pretreatment Program
which may include:
A.
Fees for wastewater discharge permit applications, including the
cost of processing such applications;
B.
Fees for monitoring, inspection, and surveillance procedures, including
the cost of collection and analyzing a user's discharge, and reviewing
monitoring reports and certifications submitted by users;
C.
Fees for reviewing and responding to accidental discharge procedures
and construction;
D.
Fees for filing appeals;
E.
Fees to recover administrative and legal costs associated with the
enforcement activity taken to address IU noncompliance; and
F.
Other fees as 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, fines and penalties chargeable by the
Township, City or Lehigh County Authority as applicable.
2.
Severability. If any provision of this Part is invalidated by any
court of competent jurisdiction, the remaining provisions shall not
be affected and shall continue in full force and effect.
[Ord. No. 08-2010-561,
8/12/2010; as amended by Ord. No. 09-2017-613, 9/14/2017]
1.
In the event that any user is discharging waste having average biochemical
oxygen demand, suspended solids, or total Kjeldahl nitrogen exceeding
300, 360, or 85, respectively, such waste will be subject to, payment
of a surcharge by such user, or by proper and continuous pretreatment
before discharge into the sewerage system. However, no such waste
of unusual strength or character shall be permitted if in violation
of federal pretreatment requirements.
2.
To determine the strength of every waste requiring a surcharge, the
Township and/or City shall sample and analyze discharges according
to established sampling and analyses periods. The Township and/or
the City will consider any relevant factors, including flow volumes,
an industry brings forth in deciding the sampling period. The average
of said analysis shall be used to establish the surcharge for the
quarter during which the samples are taken and quarterly or monthly
billings shall be made by the Township and/or the City.
3.
Whenever the Director of Public Works shall deem it necessary for
the protection and safe, economical and efficient management of the
POTW, a user shall provide at their expense such facilities for preliminary
treatment and processing of industrial waste as may be necessary to
reduce BOD to 300 mg/l and suspended solids to 360 mg/l and total
Kjeldahl nitrogen to 85 mg/L.
