[Adopted 8-11-1997 by Ord. No. 1301[1]]
[1]
Editor's Note: This ordinance also repealed
former Article VII, Industrial Wastes, adopted 12-13-1982 by Ord.
No. 1098, as amended.
A.
This article sets forth uniform Requirements for direct
and indirect contributors into the Wastewater Interceptor Systems
and the Wastewater Treatment Facilities operated by The Borough of
Ephrata (collectively the "Facilities"), and these provisions assist
the Borough in complying with all applicable State and Federal laws,
including but not limited to the Clean Water Act of 1977 (33 U.S.C.
§ 1251 et seq.) and the Federal General Pretreatment Regulations
(40 CFR § 403). The objectives of these provisions are to:
(1)
Prevent the introduction of Pollutants into the Facilities
which will interfere with the operation of the Facilities or contaminate
the resulting Sludges and Biosolids;
(2)
Prevent the introduction of Pollutants into the Facilities
that will Pass Through the Facilities, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with
the Facilities.
(3)
Help protect both personnel who work at the Facilities
and to help protect the public from unnecessary biological or chemical
hazards.
(4)
Improve the opportunity to recycle and reclaim Wastewater,
Sludge and Biosolids from the Facilities.
(5)
Provide for fees and Surcharges for equitable distribution
of the cost of the Facilities and the cost of operation of the Facilities.
(6)
Enable the Borough of Ephrata to comply with its National
Pollution Discharge Elimination System Permit conditions, Sludge use,
Biosolids use and disposal Requirements and any other Federal or State
Laws to which the Facilities are subject.
(7)
Provide a database for future facility designs and
operation work.
B.
This article defines certain terms and provides for
the regulation of direct and indirect contributors to the Facilities
through the issuance of permits to certain nondomestic Users and through
enforcement of general Requirements for the other Users; and authorizes
monitoring, inspection and enforcement activities; and requires User
testing and reporting; and provides for the setting of fees for the
equitable distribution of costs resulting from the treatment of nondomestic
Wastewater and of the costs resulting from the program established
herein.
C.
The provisions of this article and fees shall apply
to the Users located in the Borough of Ephrata and to all Users who
are, by contract or agreement, Users of the Facilities, whether or
not they are located in the Borough of Ephrata.
D.
This article establishes fines and penalties for noncompliance
with the regulations and further establishes additional provisions
for corrective action in cases of such noncompliance.
A.
ACT or THE ACT
ACT 537
APPROVAL AUTHORITY
AUTHORITY
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL/COMMERCIAL USER
(1)
(2)
(3)
(4)
AVERAGE DAILY FLOW
BEST MANAGEMENT PRACTICES or BMPs
BIOSOLIDS
BOD (BIOCHEMICAL OXYGEN DEMAND)
BOROUGH
BYPASS
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COLLECTION SYSTEM
COMPOSITE WASTEWATER SAMPLE
CONTROL AGENCIES
COOLING WATER
DEP
DIRECT DISCHARGE
DISSOLVED SOLIDS
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
FACILITIES
GARBAGE
GRAB SAMPLE
GROUNDWATER
HOLDING TANK WASTE
IMPROVED PROPERTY
INDIRECT DISCHARGE
INDUSTRIAL PRETREATMENT PROGRAM
INDUSTRIAL USERS and INDUSTRIAL/COMMERCIAL USERS
INDUSTRIAL WASTE/INDUSTRIAL WASTEWATER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERCEPTOR
INTERFERENCE
(1)
(2)
INTERMUNICIPAL GROUP (IMG)
MANHOLE
mg/l
MGD
MUNICIPAL OWNER
MUNICIPALITY
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES
PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NEW USER
(1)
(2)
(3)
NONCONTACT COOLING WATER
OWNER
PASS-THROUGH
PEAK FLOW
PERSON
pH
PLANT
PLANT NO. 1
PLANT NO. 2
POLLUTANT
POLLUTION
POTW
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS OR STANDARDS
PUBLICLY OWNED TREATMENT WORKS or POTW
REQUIREMENT(S)
SANITARY SEWER
SANITARY WASTEWATER
SEPTIC TANK WASTE
SEWAGE
SEWER SERVICE AGREEMENT (or AGREEMENT)
SEWER
SIGNIFICANT INDUSTRIAL USER (SIU)
(1)
(2)
(a)
(b)
(c)
(d)
(3)
SIGNIFICANT NONCOMPLIANCE (SNC) FOR SIGNIFICANT INDUSTRIAL USERS
(SIUs)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUDGE
SLUG or SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS (SS)
TOTAL SOLIDS
TOXIC SUBSTANCES
UNAUTHORIZED WASTE
USER
WASTEWATER
WASTEWATER SYSTEM
WATERS OF THE COMMONWEALTH
The following words, terms and phrases when used in
this article shall have the meanings described in this section, except
where the context specifically indicates otherwise:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, 35 P.S. 750.1 et seq., as amended from time to time.
The Regional Administrator of the EPA.
The Ephrata Borough Authority, Lancaster County, Pennsylvania,
as well as the duly qualified and acting members of the Board thereof
or its authorized deputy, agent, delegate or representative.
For a Corporation, a responsible corporate officer
of the level of president, vice president, secretary or treasurer
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, Alternatively, For a Corporation, the manager
of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding $25,000,000, if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
A general partner or proprietor if the Industrial/Commercial
User is a partnership or proprietorship, respectively.
For a Federal, State or Local Government, a
director or the highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility.
A duly authorized representative of the individual
designated above if the authorization is made in writing by the individual;
or the authorization specifies either an individual or position having
responsibility for the overall operation of the facilities from which
the Indirect Discharge originates, such as the position of plant manager,
operator of a well or well field superintendent, or a position of
equivalent responsibility or having overall responsibility for environmental
matters for the company; and the written authorization is submitted
to the Borough of Ephrata.
A measurement of Wastewater flow calculated by dividing the
total Wastewater flow under consideration for the 30 days immediately
preceding the date of calculation by the number 30.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 259-39. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
[Added 9-10-2007 by Ord. No. 1431]
Nutrient-rich organic material resulting from the reclamation
of Wastewater.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, for five days
at 20º C., usually expressed as a concentration in milligrams
per liter (mg/l). The standard laboratory procedure shall be that
found in the latest EPA-approved edition of Standard Methods published
by the American Public Health Association, et al.
The Borough of Ephrata, Lancaster County, Pennsylvania, or
its authorized deputy, agent or representative.
The intentional diversion of waste streams from any portion
of an Industrial/Commercial User's treatment facility.
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 I, Subchapter N, Parts 405-471.
All of the Wastewater collection facilities constructed or
to be constructed which convey Wastewater toward the Facilities, whether
owned by the Borough or another Municipal owner, not limited to Sewers,
Interceptors, force mains, metering devices, pumping stations and
other appurtenances.
A combination of individual samples of water or Wastewater
collected at selected intervals, generally hourly for some specific
period, to minimize the effect of the variability of the individual
sample. Individual samples may have equal volume or may be roughly
proportioned to the flow at the time of sampling.
The DEP, EPA and any and all governmental agencies, including
the Borough of Ephrata, who have a right to control treatment, transportation
and disposal of Wastewater.
The water discharged from any recirculating, evaporative-type
cooling tower system or evaporative cooling pond for any use such
as air-conditioning, refrigeration, process cooling system or combination
cooling and process air scrubbing water system and in which the makeup
water impurity concentrations have been elevated due to evaporation
and/or to which antiscaling chemicals, corrosion inhibition chemicals
and/or EPA-approved antimicrobial chemicals have been added.
The Department of Environmental Protection of the Commonwealth
or any successor thereto.
The discharge of treated or untreated Wastewater directly
to the Waters of the Commonwealth.
The anhydrous residues of the dissolved constituents in water
or Wastewater as determined by the standard laboratory procedure set
forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
et al.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commences prior to the publication by the EPA of Proposed Categorical
Pretreatment Standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of The Act.
Plant No. 1, Plant No. 2 and the Interceptor, collectively,
together with all Capital Additions.
The animal and vegetable solid waste resulting from the domestic
and commercial preparation, cooking and dispensing of food and from
handling, storage and sale of produce.
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
15 minutes.
Water which is contained in or passing through the ground.
Any waste from tank trucks, pump trucks, holding tanks, septic
tanks, chemical toilets, campers, trailers or similar devices delivering
waste of a sanitary and/or domestic origin.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure Sanitary Wastewater and/or Industrial
Wastewater shall be or may be discharged.
The introduction of Pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of The Act.
A program administered by the Owner of the POTW that meets
the criteria established in 40 CFR 403.8 and 403.9 and which has been
approved by a regional administrator or State director in accordance
with 40 CFR 403.11 and which has been approved by the Borough of Ephrata.
A source engaged in commercial or industrial activities of
Indirect Discharge which does not constitute a "discharge of Pollutants"
under regulations issued pursuant to Section 402 of The Act (33 U.S.C.
§ 1342).
Solid, liquid or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade or business process or in the course of development,
recovering or processing of natural resources, but not Sanitary Wastewater;
including any and all wastes, other than Sanitary Wastewater, discharged
from industrial establishments, certain commercial establishments,
including but not limited to hospitals and restaurants, and other
similar business or institutional activities, and additionally in
any other respects as such term is defined in the Pennsylvania Clean
Streams Law, Act of June 22, 1937, as Amended, 35 P.S. § 691.1
et seq. (the "Clean Streams Law").
The maximum concentration of a Pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
The Interceptor Sewer owned by the Ephrata Authority and
leased to Ephrata Borough commencing at a Point of Connection with
Denver's Collection System and extending in and through portions of
the Townships of Ephrata and East Cocalico and Ephrata Borough, discharging
at Plant No. 2 and continuing further to terminate at Plant No. 1,
including the Mission Pumping Station and appurtenant facilities.
This Interceptor is a gravity main to the Mission Pumping Station
and is a force main from such Pumping Station to Plant No. 1.
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 Sludge processes and/or Biosolids
processes, use or disposal and, therefore, is a cause of;
A violation of any Requirement of the NPDES
Permit (including an increase in the magnitude or duration of a violation);
and/or
The prevention of Sludge and/or Biosolids use
or disposal by the POTW in accordance with Section 405 of The Act,
or any criteria, guidelines or regulations developed pursuant to the
Solids Waste Disposal Act (SWDA), including Title II, more commonly
referred to as the "Resource Conservation and Recovery Act (RCRA),"
the Clean Air Act, the Toxic Substances Control Act, the Marine Protection,
Research and Sanctuaries Act or more stringent State criteria, including
those contained in any State Sludge management plan prepared pursuant
to Title IV (Subtitle D) of SWDA applicable to the method of disposal
or use employed by the POTW.
The committee made up of appointees of the Municipalities
which are parties to the Sewer Service Agreement dated November 1,
1995 (or as may be amended from time to time), with respect to the
Ephrata Borough Wastewater Facilities, established pursuant to Section
2.06 of that Agreement.
A structure leading from the surface of the ground to a Sewer,
permitting access to the Sewer.
Milligram per liter.
[Amended 9-10-2007 by Ord. No. 1431]
A million gallons per day, based on Average Daily Flow.
The Municipality that owns any portion of any Collection
System that may be used for the conveyance of Sanitary Wastewater
and/or Industrial Wastewater from a User.
Any county, county authority, municipal authority, city,
Borough, township or school district or any general purpose unit of
local government.
Any regulation containing Pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of The Act (33
U.S.C. § 1317) which applies to a specific category of Industrial
Users and which appears in 40 CFR, Chapter I, Subchapter N, §§ 405-471.
(Same as Categorical Pretreatment Standard or Categorical Standard.)
A permit issued pursuant to § 402 of The Act (33
U.S.C. § 1342).
Any regulation developed under the Authority of § 307(b)
of The Act and 40 CFR § 403.5.
Any 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;
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 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 modification rather than a New Source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a New Source as defined under
this definition has commenced if the Owner or operator has:
Begun or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for 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 of feasibility, engineering and design studies
do not constitute a contractual obligation under this definition.
A new connection generating a new Sewage flow and/or an existing
customer and point of connection that is either:
Applying for an increase in building size or
sewer usage by way of land development approval or planning module
approval or application for reserved sewer capacity.
An existing customer at an existing point of
connection or a new point of connection who is or is not expanding
or modifying their building but who is expanding, changing or intensifying
the use of their property in such a way as to add residential dwelling
units or commercial or industrial establishments or portions thereof
or change or intensify the use of the property served by the POTW.
An existing customer at an existing point of
connection who is not expanding their building or changing their usage
but is generating a substantial increase in flow with their existing
facilities.
Water used for cooling to which the only Pollutant added
is heat and which does not come into direct contact with any raw material,
chemicals added for scale and corrosion inhibition, antimicrobial
chemicals, intermediate product, waste product or finished product.
Any Person vested with ownership, legal or equitable, sole
or partial, of an Improved Property.
A discharge which exits the POTW into the waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any Requirement of any applicable NPDES Permit (including
an increase in the magnitude and duration of violation).
Any flow which exceeds 1.7 times the Average Daily Flow.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine and/or
neuter, and the singular shall include the plural where indicated
by the context.
The reciprocal of the logarithm, Base 10, of the hydrogen
ion concentration and is used as an indicator of the acidity or alkalinity
of a solution, expressed in standard units.
Plant No. 1 or Plant No. 2, as applicable.
The Sewage Treatment Plant and Facilities, located in Ephrata
Borough, owned by Ephrata Authority and operated by Ephrata Borough,
together with any Capital Additions thereto.
The Sewage Treatment Plant and Facilities located in Ephrata
Township, owned by Ephrata Authority, and operated by Ephrata Borough,
together with any Capital Additions thereto.
Any dredged spoil, solid waste, incinerator residue, Sewage,
Garbage, Sewage Sludge, Biosolids, munitions, filter backwash, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural waste and certain characteristics
of Wastewater (e.g., pH, temperature, SS, turbidity, color, BOD, COD,
toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
See "Publicly Owned Treatment Works."
That portion of the POTW designed to provide treatment of
Wastewater.
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 discharging or otherwise introducing
such Pollutants into the Facilities and/or a POTW. The reduction or
alteration can be obtained by physical, chemical or biological processes;
by process changes; or by other means, except by diluting the concentration
of the Pollutants unless allowed by an applicable Pretreatment Standard.
Any substantive or procedural Requirement related to Pretreatment
imposed on a User, other than a National Pretreatment Standard.
Prohibited Discharge Standards, Categorical Pretreatment
Standards and local limits.
A treatment works as defined by Section 212 of The Act (33
U.S.C. § 1292) which are owned by the Ephrata Borough or
the Ephrata Borough Authority or a Municipal Owner. This definition
includes any devices and systems used in the collection, transfer,
storage, treatment, recycling and reclamation of Sewage or Industrial
Wastes of a liquid nature. It also includes pipes, Sewers and other
conveyances only if they convey Wastewater to a POTW Treatment Plant.
Any and all local, state and federal laws, case law, statutes,
regulations (including but not limited to this article), rules, guidelines,
policies, permits, approvals and other Standards or Requirements of
Control Agencies, as amended and/or changed.
A Sewer which carries Sanitary Wastewater and/or authorized
Industrial/Commercial wastes and to which storm, surface and Groundwaters
are not intentionally admitted.
All normal water-carried household and toilet waste from
kitchens, water closets, lavatories, laundries and bathrooms, especially
but not limited to wastes typical to households from sanitary conveniences
wherever located or existing.
Waste from a settling tank in which settled Sludge is in
immediate contact with the Wastewater flowing through the tank and
the organic solids are decomposed by anaerobic bacterial action.
All water-carried waste defined as Sewage in Act 537, including
Sanitary Wastewater and Industrial Wastewater.
The Intermunicipal Agreement dated November 1, 1995, setting
forth the provisions for providing conveyance and treatment of Sanitary
Wastewater and Industrial Wastewater by the Borough of Ephrata and
providing for the sharing of costs and responsibilities of the Municipal
Owners, including the Borough of Ephrata and its Authority for this
conveyance and treatment.
A pipe or conduit for carrying Sanitary Wastewater or authorized
Industrial Wastewater.
A User subject to Categorical Pretreatment Standards;
or
A User that:
Discharges an average of 25,000 gallons per
day or more of process Wastewater to the Facilities and/or 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 any individual POTW Treatment Plant;
Has in its wastes toxic Pollutants as defined
pursuant to § 307 of The Act or Pennsylvania Statutes and
rules; or
Is designated as such by the Borough of Ephrata,
DEP or the EPA on the basis that it has a reasonable potential for
adversely affecting the Facilities operation and/or the POTW's operation
or for violating any Pretreatment Standard or Requirement.
Upon a finding that a User meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the Facilities and/or the POTW's operation or for violating any Pretreatment Standard or Requirement, the Borough of Ephrata may at any time, on its own initiative or in response to a petition received from a User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
[Amended 9-10-2007 by Ord. No. 1431]
Chronic violations of Wastewater discharge limits,
defined here as those in which 66% or more of all of the Wastewater
measurements, including laboratory analyses taken during a six-month
period, exceed a numeric pretreatment standard or requirement or instantaneous
limits by any amount;
Technical Review Criteria (TRC) violations,
defined here as those in which 33% or more of all of the Wastewater
measurements, including laboratory analyses for each Pollutant parameter
taken during a six-month period, equals or exceeds the product of
the numeric pretreatment standard or requirement including instantaneous
limits multiplied by the applicable factors listed herein. The TRC
factors are listed as follows: 1.4 for BOD, SS and fats, oils and
grease and 1.2 for all other Pollutants except pH;
Any other discharge violation of a pretreatment
standard or requirement that the Borough determines has caused, alone
or in combination with other discharges, Interference or Pass-Through
or has endangered the health of POTW personnel or the general public;
Any discharge of a Pollutant that has caused
an imminent endangerment to the public or to the environment or has
resulted in the Borough’s exercise of its emergency authority
to halt or prevent such a discharge;
Failure to meet, within 90 days after the scheduled
date, a compliance schedule milestone contained in an Industrial Waste
Discharge Permit or enforcement order for starting construction, completing
construction or attaining final compliance;
Failure to provide, within 45 days after the
due date, any required reports, including baseline monitoring reports,
compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules;
Failure to accurately report noncompliance;
or
Any other violation or group of violations which
may include a violation of best management practices which the Borough
determines will adversely affect the operation of the Facilities or
the implementation of the Borough’s Pretreatment Program.
The accumulated solids separated from liquids, such as Wastewater,
during processing and/or the precipitate resulting from coagulation
or sedimentation of Wastewater.
A discharge at a flow rate or concentration which could cause
a violation of the prohibited Discharge Standards, including but not
limited to an accidental spill or noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States, Office of Management and Budget.
An abbreviated expression used to denote Standard Methods
for the Examination of Water and Waste Water, a manual published by
the American Public Health Association specifying official analytical
procedures for the measurement of Wastewater parameters.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The person(s) designated by the Borough to supervise the
operation of the Facilities and who is charged with certain duties
and responsibilities by this article, or his duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, Wastewater or other liquids and which is
removable by laboratory filtering.
The sum of dissolved and undissolved constituents in water
or Wastewater as determined by laboratory analysis in accordance with
Standard Methods.
Any substance or combination of substances that is listed
as toxic in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Section 307(a) of The Act,
or other Acts; or is present in sufficient quantity, either singly
or by interaction with other wastes, to injure or interfere with the
operation of the POTW, including any Wastewater treatment process,
to constitute a hazard to humans or animals, to create a public nuisance
or to create any hazard in the POTW or in the receiving waters of
the POTW.
Any waste which is not in compliance with the provisions
of this article or which is discharged into the POTW by a Person in
violation of any provision contained in this article.
A source of Indirect Discharge or Wastewater into the POTW
and/or any Person who contributes, causes or permits contribution
of discharge or Wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any Groundwater, surface water and Stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the POTW.
The wastewater Collection Systems, pumping stations, Interceptor
systems and treatment Plants, operated by the Municipalities and/or
their Authorities and which directs flow to the Ephrata Wastewater
Treatment Plants.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the Commonwealth or any portion
thereof.
B.
Whenever the first letter of a defined term is capitalized
in this article, it shall be used as defined. Uncapitalized terms
defined herein shall have their common and ordinary meaning.
C.
Whenever the term "shall" is used in this article,
it is mandatory; "may" is permissive.
D.
Any other term used herein shall be defined by the
definitions established in the following documents: the Sewer Service
Agreement, dated November 1, 1995, and, if none appear there; the
Department of Environmental Protection of the Commonwealth of Pennsylvania
Regulations and, if none appear there; the United States Environmental
Protection Agency Regulations.
E.
The first letters of all references to Borough forms
and fees are also capitalized, but such terms are not defined.
F.
Interpretations.
(1)
The words "hereof," "herein," "hereto," "hereby" and
"hereunder" refer to this article.
(2)
Every request, requisition, order, demand, application,
notice, statement, certification, consent or similar action hereunder
shall, unless the form thereof is specifically provided, be in writing
signed by a duly authorized officer of the Person making, sending,
issuing or publishing the item.
(3)
Words importing Persons include firms, associations,
corporations and all parties hereto, and all words imparting the singular
number include the plural number and vice-versa.
G.
Abbreviations.
[Amended 9-10-2007 by Ord. No. 1431]
|
The following abbreviations shall have the designated
meanings:
| ||
|
BMP
|
Best Management Practice
| |
|
BOD
|
Biochemical Oxygen Demand
| |
|
CFR
|
United States Code of Federal Regulations
| |
|
COD
|
Chemical Oxygen Demand
| |
|
DEP
|
Department of Environmental Protection
| |
|
EPA
|
United States Environmental Protection Agency
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GPD
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Gallons Per Day
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l
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Liter
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mg
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Milligrams
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MGD
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Million Gallons Per Day
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mg/l
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Milligrams per Liter
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NPDES
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National Pollutant Discharge Elimination System
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POTW
|
Publicly Owned Treatment Works
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SIC
|
Standard Industrial Classification
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SWDA
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Solid Waste Disposal Act, 42 U.S.C. § 6091
et seq.
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SS
|
Suspended Solids
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USC
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United States Code
| |
A.
No User shall introduce or cause to be introduced,
directly or indirectly, into the POTW any Pollutant or Wastewater
which will Pass Through or interfere with the operation or performance
of the POTW. These general prohibitions apply to all Users of the
POTW, whether or not the User is subject to National Categorical Pretreatment
Standards or any other National, State or local Pretreatment Standards
or Requirements.
B.
No User shall introduce or cause to be introduced,
directly or indirectly, any Stormwater, surface water, spring water,
Groundwater, roof runoff, subsurface drainage, building foundation
drainage or cellar drainage into the POTW.
C.
No User shall introduce or cause to be introduced,
directly or indirectly, into the POTW any of the following Pollutants,
substances or Wastewater;
(1)
Any liquids, solids or gases which by reason of their
nature or quantity are, or may be, sufficient, either alone or by
interaction with other substances, to cause fire or explosion or be
injurious in any other way to the POTW or their operating personnel
or to the operation of the POTW, including but not limited to wastestreams
with a closed cup flashpoint of less than 140º F. or 60º
C. using the test methods specified in 40 CFR 261.21. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge into the system (or at any point in the system) be more
than 5% nor any single reading be over 10% of the Lower Explosive
Limit (LEL) of the meter. Prohibited materials include, but are not
limited to; gasoline, fuel oil, kerosene, naphtha, benzene, toluene,
xylene, paint products, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which the Borough, the State or EPA has notified
the User is a fire hazard or a hazard to the POTW.
(2)
Wastewater having a stabilized pH as defined in Table 1 of § 259-41D, Maximum Allowable Concentration, or wastewater having any other corrosive or scale-forming property capable of causing damage or hazard to structures, equipment, biological and/or bacterial action or damages to processes and/or injury to personnel of the POTW.
[Amended 4-12-1999 by Ord. No. 1323]
(3)
Any solids or viscous substances which may cause obstruction
to the flow in a Sewer or Collection System or other interference
with the operation of the POTW, such as but not limited to fats, oils
and grease, Garbage with particles greater than one-half inch in any
dimension, animal guts or tissues, paunch manure bones, hair, hides
or fleshings, entrails, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, waste paper, wood, cotton, wool, plastics,
gasoline, tar, asphalt residues, residues from refining, or processing
of fuel or lubricating oil, mud, glass grinding or polishing wastes,
bentonite, lye, building materials, rubber, leather, porcelain, china,
ceramic wastes, polishing wastes or other solid or viscous substances
capable of causing obstruction or other interference with the operation
of the POTW.
(4)
Pollutants, including oxygen-demanding Pollutants
(BOD, etc.) released in a discharge at a flow rate and/or Pollutant
concentration which, either singly or by interaction with other Pollutants,
will cause Interference with the POTW.
(5)
Wastewater having a temperature at the point of User
discharge higher than 150º F. or any Wastewater which will inhibit
biological activity at the POTW(s), but in no case Wastewater which
causes the temperature at the influent of the POTW to exceed 104º
F. (40º C.), or is less than 32º F. (0º C.).
(6)
Containing any petroleum oil, nonbiodegradable cutting
oil or products of mineral oil origin in amounts that will cause Interference
or Pass-Through.
(7)
Pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(8)
Trucked or hauled Pollutants, except at discharge
points and except using procedures as approved by the Borough, in
accordance with this article.
(9)
Noxious or malodorous liquids, gases or solids which
either singly or by interaction with other wastes are sufficient to
create a public nuisance or to prevent entry into the POTW for maintenance
and repair or that may cause acute worker health and safety problems.
(10)
Liquids, gases or solids which impart color
which cannot be removed by normal methods or the treatment process,
such as but not limited to dye wastes and vegetable tanning solutions,
which consequently impart color to the POTW's effluent, thereby violating
the NPDES Permit. Color (in combination with turbidity) shall not
cause the POTW effluent to reduce the depth of the compensation point
for photosynthetic activity by more than 10% from the seasonably established
norm for aquatic life.
(11)
Any radioactive materials or isotopes of such
half-life or concentration as may exceed applicable Local, State or
Federal regulations.
(12)
Stormwater, surface water, spring water, contaminated
or uncontaminated Groundwater, artesian well water, remediated contaminated
groundwater, roof runoff, subsurface drainage, building foundation
drainage or cellar drainage.
(13)
Any Toxic Substances in sufficient quantity
which, either singly or by interaction with other Wastewater or Pollutants,
may injure or interfere with any Wastewater treatment process, may
constitute a hazard to humans or animals or may create a toxic effect
in the receiving waters of the POTW.
(14)
Any substance which may cause the POTW's effluent
or any other product of the POTW, such as residues, Sludge, Biosolids
or scums, to be unsuitable for reclamation and reuse or to interfere
with the reclamation process. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with Sludge and/or
Biosolids recycling or disposal criteria 40 CFR 503, guidelines or
regulations developed under § 405 of The Act; any criteria,
guidelines or regulations affecting Sludge and/or Biosolids use or
disposal developed pursuant to the SWDA, the Clean Air Act, the Toxic
Substance Control Act or State criteria applicable to the Sludge and/or
Biosolids management method being used.
(15)
Any substance which will Pass Through and as
a result cause the POTW(s) to violate its NPDES Permit or its DEP
Permit or the receiving stream's water quality Standards.
(16)
Any lagoon wastes.
(17)
Wastewater of such character and quantity that
unusual attention or expense is required to handle such materials
in the POTW, as determined by the Borough, or in the case of the portions
of the POTW owned by Municipal Owners or as determined by the Municipal
Owner of an applicable Collection System.
(18)
Any Wastewater of such character and quantity
that unusual attention or expense is required to handle it at the
Facilities, except as may be subject to a "Surcharge" and approved
by the Borough of Ephrata.
(19)
Any waste listed as hazardous or having the
characteristics of hazardous waste as listed in 40 CFR 261.
D.
Whole blood.
(1)
No User shall introduce or cause to be introduced
whole blood, directly or indirectly, into the POTW unless specifically
authorized by the Borough.
(2)
Such authorization shall be limited to a maximum of
12 gallons per day allowable flow from any User.
(3)
Such authorization shall be by way of a permit condition
for those Users that require Industrial Waste Discharge Permits (i.e.,
Major or Minor Industrial Users) or by way of written letter of authorization
for permit exempt Industrial Users.
E.
No User shall introduce or cause to be introduced
boiler blow-down, directly or indirectly, into the POTW unless specifically
authorized by the Borough. Such authorization shall be limited to
only those Users that can demonstrate to the Borough that their boiler
blow-down will not cause a violation of any discharge criteria listed
in this article, including but not limited to temperature and pH criteria.
Such authorization shall be by way of permit conditions for those
Users that require Industrial Waste Discharge Permits (i.e., Major
or Minor Industrial Users) or by way of written letter of authorization
for permit exempt Industrial Users.
F.
No User shall introduce or cause to be introduced
noncontaminated and or Noncontact Cooling or process water and or
condensate into the POTW unless specifically authorized by the Borough.
Such authorization shall be limited to a maximum of 1/4 gallon
per minute or 360 gallons per day allowable flow from any User. Such
authorization shall be by way of permit conditions for those Users
that require Industrial Waste Discharge Permits (i.e., Major or Minor
Industrial Users) or by way of written letter of authorization for
permit-exempt Industrial Users.
The Categorical Pretreatment Standards found
at 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated.
A.
Where a Categorical Pretreatment Standard is expressed
only in terms of either the mass or the concentration of a Pollutant
in Wastewater, the Borough may impose equivalent concentration or
mass limits in accordance with 40 CFR 403.6(c).
B.
When Wastewater subject to a Categorical Pretreatment
Standard is mixed with Wastewater not regulated by the same standard,
the Borough shall impose an alternate limit using the combined wastestream
formula in 40 CFR 403.6(e).
C.
A User may obtain an EPA variance from a Categorical
Pretreatment Standard if the Industrial User can prove, pursuant to
the procedural and substantive provisions in 40 CFR 403.13, that factors
relating to its discharge are fundamentally different from the factors
considered by the EPA when developing the Categorical Pretreatment
Standard.
D.
An Industrial User may obtain a net gross adjustment
to a Categorical Standard in accordance with 40 CFR 403.15.
A.
Local limits on the concentration of special Pollutants
are hereby established for all Industrial Users as listed in Table
1 in this section. These limits are established in accordance with
40 CFR 403.5(C).
B.
The Borough reserves the right to establish alternate
special Pollutant discharge limitations in individual Industrial Waste
Discharge Permits, but only in accordance with regulatory Requirements.
At no time will the summation of the Industrial Users' discharges
be greater than the allowable industrial headworks loading as defined
in 40 CFR 403. The specific Pollutant discharge limitations, if more
stringent than the National Categorical Pretreatment Standard, shall
immediately supersede that National Categorical Pretreatment Standard.
To the extent that any Federal or State Requirements and limitations
on discharges are more stringent than the local limits, the most stringent
Requirement and limitations shall apply.
C.
The Pollutant concentrations shall be measured in a representative sample collected at the point of discharge of the Industrial User to a public Collection System. The concentrations shall be based on a twenty-four-hour Composite Wastewater Sample; except, however, for certain Pollutants, the Industrial User may request and the Borough may allow that this concentration be determined by analyses of Grab Sample. Certain Pollutants such as temperature and grease must be determined on the basis of a Grab Sample (see § 259-60 herein). Any sampling criteria shall be described in the Industrial Waste Discharge Permit.
D.
Table 1.
[Amended 9-10-2007 by Ord. No. 1431; 5-12-2014 by Ord. No.
1504]
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Maximum Allowable Concentration**
[Local Limit (mg/l)]
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|---|---|---|---|
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Service Area
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Pollutant
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WWTP No. 1
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WWTP No. 2
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Arsenic
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1.29
|
0.17
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|
Cadmium
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0.18
|
0.13
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|
Chromium (hex)
|
0.23
|
-
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Copper
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0.31
|
0.29
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|
Lead
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-
|
1.00
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|
Mercury
|
0.051
|
0.041
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|
Molybdenum
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-
|
0.58
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|
Nickel
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-
|
1.45
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|
Selenium
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1.13
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0.59
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Zinc
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0.73
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-
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Oil and grease
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100
|
100
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pH*
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5.0 to 12.5
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5.0 to 12.5
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NOTES:
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*pH is expressed as an upper and lower limit, not a maximum
allowable concentration.
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**Daily maximum limit is two times the monthly average limit.
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E.
If the Pollutant concentrations or loads in excess
of those specified in this article are discharged, or are proposed
to be discharged to the POTW, or which in the judgment of the Borough,
Pollutant concentrations and/or loads may have a deleterious effect
upon the POTW, the Borough may do any or all of the following and/or
take additional actions as may be provided herein upon giving notice
to the Industrial User and/or discharger:
(1)
Require, by way of informal notice, by telephone,
to the Industrial User, immediate discontinuance of the waste discharge
until such time as it meets the Requirements.
(2)
Reject the waste.
(3)
Require Pretreatment to reduce characteristics to
maximum limits permitted by this article;
(4)
Require control over the quantities and rates of discharge.
F.
In no circumstance shall an Industrial User discharge or cause to be discharged into the POTW any of the substances listed in § 259-41D above without first filing an Industrial Waste Discharge Permit Application and receiving written approval by the Borough, as described in §§ 259-45 and 259-46 herein.
G.
Whenever a Person has received written authorization from the Borough to discharge any polluted water, Wastewater or Industrial Waste containing any of the substances or possessing any of the characteristics referred to in § 259-40 and/or § 259-41 of this article, such discharge shall be subject to the continuing approval, inspection and review of the Borough. The Industrial User is also subject to the Regulations of the Municipal Owner. If, in the opinion of the Borough or, if applicable, the Municipal Owner, such discharges are causing or will cause damage to the POTW, the Borough or, if applicable, the Municipal Owner shall order the Person causing such discharge to cease doing so forthwith or take other appropriate action, as may be required by the Borough or, if applicable, the Municipal Owner, to eliminate the harmful discharge.
H.
No Industrial 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 Borough may impose mass
limitations on Industrial Users who are using dilution to meet applicable
Pretreatment Standards or Requirements or in other cases when the
imposition of mass limitations is appropriate.
A.
Industrial Users shall design, construct, operate
and maintain Pretreatment facilities whenever necessary to reduce
Pollutant concentrations and/or amounts, or Industrial Users shall
modify their Wastewater to achieve compliance with this article. The
review or approval of Pretreatment facility plans, specifications
and operating procedures by the Borough and its consulting engineer
shall not excuse, mitigate or provide any defense to any violations
by the Industrial User of this article or any federal, State or local
Requirements.
B.
The construction of required Pretreatment facilities
shall be accomplished in accordance with a responsible completion
schedule prepared by the Industrial User and approved by the Borough.
If, in the opinion of the Borough, the schedule prepared by the Industrial
User is not reasonable, a completion schedule shall be established
by the Borough.
C.
Any Industrial User required by the Borough to provide
Pretreatment facilities, or desiring to, or required to modify existing
Pretreatment facilities shall not commence construction or modifications
of such Pretreatment facilities until:
D.
When approved, in writing, by the Borough and placed
in operation, Pretreatment facilities shall be continuously maintained
in satisfactory and effective operation by the Industrial User, at
his sole expense. The Borough shall have the right to inspect said
Pretreatment facilities at any reasonable time to ensure such are
being properly maintained and operated.
E.
Industrial Users with the potential to discharge flammable
substances may be required to install and maintain an approved combustible
gas detection meter.
[Amended 9-10-2007 by Ord. No. 1431]
The Borough shall evaluate at least once which
Industrial Waste Discharge Permit holders need an accidental discharge/Slug
control plan with reevaluations as necessary. The Borough may require
any Industrial User to develop, submit for approval and implement
such a plan. Alternatively, the Borough may develop such a plan for
any Industrial 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.
C.
Procedures for immediately notifying the Borough of
any accidental spill or Slug discharge.
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.
B.
Fats, Grease, Oil or Sand Traps. Fats, grease, oil
or sand traps shall be installed by the Industrial User when, in the
opinion of the Borough, or in the opinion of any Municipal Owner,
they are necessary for the proper handling of liquid wastes containing
floatable grease in such amounts as are likely to cause obstruction
to the flow in a Sewer or Collection System or other Interference
with the operation of the POTW, or are necessary for the proper handling
of any flammable waste, sand or other harmful ingredients. Such traps
shall not be required for private living quarters or dwelling units.
All such traps shall be of a type and capacity acceptable to the Borough
and the appropriate Municipal Owner and shall be located as to be
readily and easily accessible for cleaning and inspection. In maintaining
the fats, grease, oil or sand traps, the Industrial User and the Owner(s)
(if different Persons) shall be responsible for the proper removal
and disposal by appropriate means of the captured material and shall
maintain records of the dates and means of disposal which are subject
to review by the Borough and the appropriate Municipal Owner. Any
removal and hauling of the collected materials not performed by the
Industrial User's and/or Owner's personnel must be performed by currently
licensed waste disposal firms.
C.
Garbage Grinders. The use of mechanical Garbage grinders producing a finely divided mass, properly flushed with an ample amount of water, shall be discouraged but may be permitted. However, no such mechanical Garbage grinder to serve premises used for nonresidential purposes shall be installed until permission for such installation is obtained from the Borough and the Municipal Owner. No Garbage grinder shall be connected so as to discharge through a grease trap. Use of mechanical Garbage grinders to serve commercial purposes may result in surcharges as described in § 259-49.
D.
Flow Equalization. The Borough and the Municipal Owner
shall have the right to require Industrial Users having large variations
in the rate or strength of waste discharged to install suitable regulating
devices for equalizing flows and/or loads to the POTW.
E.
Hauled Wastewater.
(1)
Septic Tank Waste may be introduced into a POTW only
at locations designated by the Borough and at such times as are established
by the Borough. Such waste shall not violate this article, Requirements
or any other rules established by the Borough. The Borough shall require
Septic Tank Waste haulers to obtain industrial Waste Discharge Permits.
(2)
The Borough shall require haulers of Industrial Waste
to obtain Industrial Waste Discharge Permits, and the Borough may
require generators of hauled Industrial Waste to obtain Industrial
Waste Discharge Permits. The Borough also may prohibit the disposal
of hauled Industrial Waste. The discharge of hauled Industrial Waste
is subject to all other Requirements and this article.
(3)
No load may be discharged without prior consent of
the Borough. Industrial Waste haulers may discharge loads only at
locations designated by the Borough. The Borough may collect samples
of each hauled load to ensure compliance with applicable Standards.
The Borough may require the Industrial Waste hauler to provide a waste
analysis of any load prior to discharge.
(4)
Industrial Waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the Industrial Waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
A.
General. All Industrial Users connected to and using the POTW or proposing to connect to and use the POTW, including New Users and New Sources (as defined herein), shall apply to the Borough for an Industrial Waste Discharge Permit. If such Industrial User is not located in the Borough of Ephrata, this Industrial User may also be required to apply for a separate Industrial Waste Discharge Permit from the Municipal Owner of the Collection system to which the Industrial User is connected or proposes to connect. Such additional permit requirements (if any) are issued by the applicable Municipal Owner, and the Industrial User is required to check with the applicable Municipal Owner to make sure the Municipal Owner's regulations are followed. If the Municipal owner requires a separate Industrial Waste Discharge Permit, the applicant should refer to Subsection B herein for regulations related to the coordination of the permit issuance procedures. Certain Industrial Users will be required to obtain Industrial Waste Discharge Permits. Certain small Industrial Users will be eligible for permit exemptions, as specifically set forth herein.
B.
Permit Application. All Industrial Users or proposed
Industrial Users shall complete and file with the Borough an application
in the form prescribed and accompanied by a permit application fee
as may be established by the Borough by Resolution. Existing Industrial
Users shall apply for an Industrial Waste Discharge Permit within
60 days after the effective date of this article. New Users shall
apply at least 90 days prior to the anticipated date for connecting
to and/or using a Collection System served by the Facilities. In support
of the application, the User shall submit the following information:
(1)
Name and address of Industrial User and location of
discharge and (if different) the name and address of the Owner of
the Improved Property being served.
(2)
The name of the Municipal Owner proposed for the initial
receipt of the proposed discharge of wastes.
(3)
Wastewater characteristics and their relationship
to National Categorical Pretreatment Standards and the local limits
established by Regulation. Sampling and analysis for this information
shall be performed in accordance with techniques prescribed in 40
CFR 136, unless otherwise specified in an applicable Categorical Pretreatment
Standard. If 40 CFR 136 does not contain sampling or applicable techniques
for the Pollutant in question, sampling and analysis shall be performed
in accordance with procedures approved by the EPA.
(4)
Standard Industrial Classification (SIC) codes of
Wastewater characteristics.
(5)
Time and duration of Industrial Waste discharge.
(6)
Average daily and peak flow rates (including daily,
monthly and seasonal variations, if appropriate).
(7)
Site plans, floor plans, mechanical and plumbing plans
and details to show all Sewers, Sewer connections and appurtenances
by size, location and elevation.
(8)
Description of process producing Industrial Waste.
(9)
Description of product and approximate rate of production.
(10)
Description of raw materials processed.
(11)
Number of employees, hours of operation and
projected hours of operation of Pretreatment system (if applicable).
(12)
Additional information required by the Borough
as necessary to evaluate the permit application.
C.
Application Signatories and Certification. All Industrial
Waste Discharge Permit applications and Industrial User reports must
be signed by an authorized representative of the Industrial User and
contain the following certification statement:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the Person or Persons who manage the system, or those Persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
|
D.
Procedures. The procedure to be followed by the Borough
in acting on Industrial Waste Discharge Permit Applications shall
be as follows. Within 30 days of receipt of the application, the Borough
shall notify the applicant, in writing, by First Class mail, to the
address appearing on the application:
(1)
That the Wastewater proposed to be discharged is acceptable
and a permit will be issued by the Borough upon receipt of a Permit
Issuance Fee as may be established by the Borough by Resolution;
(2)
That based upon the current facts as set forth in
the application and accompanying data the applicant is currently exempt
from permit and reporting Requirements;
(3)
That the Wastewater proposed to be discharged is unacceptable;
(4)
That the Wastewater proposed to be discharged will
be acceptable and a permit will be issued by the Borough, provided
that certain action is taken and maintained by the applicant, specifying
the terms and conditions thereof and upon receipt of a Permit Issuance
Fee as may be established by the Borough by Resolution; or
(5)
That the Borough requires further information, studies
or tests specifying the Requirements thereof before it can determine
whether the proposed discharge is or is not acceptable.
E.
Permit Classification and Permit Waivers.
(1)
Industrial Users shall be classified for the purposes
of this article into one of three categories, as follows: Major Industrial
User, Minor Industrial User and Permit Exempt Industrial User.
(2)
Major Industrial Users are those Industrial Users
that meet any of the following conditions:
(a)
Are Significant Industrial Users (see definition).
(b)
Discharge more than 25,000 gpd of Industrial
Wastewater.
(c)
Discharge more than 50 pounds per day of BOD.
(d)
Discharge more than 50 pounds per day of Suspended
Solids.
(e)
Discharge more than 20 pounds per day of fats,
oil or grease.
(f)
Discharges more than three pounds per day of
total Phosphorus (P).
[Added 4-12-1999 by Ord. No. 1323]
(g)
Discharges more than 10 pounds per day of Ammonia
Nitrogen.
[Added 4-12-1999 by Ord. No. 1323]
(3)
Minor Industrial Users are those Industrial Users
that do not meet the criteria to be classified as either a "Major
Industrial User" or a "Permit Exempt Industrial User."
(4)
Permit Exempt Industrial Users are those Industrial
Users that meet all of the following criteria:
(a)
Discharge less than 2,500 gpd.
(b)
Discharge less than five pounds per day of BOD.
(c)
Discharge less than five pounds per day of SS.
(d)
Discharge less than two pounds per day of fats,
oils and/or grease.
(e)
Discharges less than 0.3 pounds per day of total
Phosphorus (P).
[Added 4-12-1999 by Ord. No. 1323]
(f)
Discharges less than one pound per day of Ammonia
Nitrogen.
[Added 4-12-1999 by Ord. No. 1323]
(5)
The Borough will determine the classification of the
Industrial User based upon the information provided by the Industrial
Waste Discharge Permit Application and any other information available
to the Borough.
(6)
If the Industrial User is determined by the Borough to be a Permit Exempt Industrial User, the Industrial User shall be exempt only from the permit and annual or quarterly reporting requirements (§ 259-46), inspection Manhole requirements (§ 259-47) and the surcharge payment requirements (§ 259-49) of this article. Permit Exempt Industrial Users shall not be exempt from any other Requirements.
(7)
If the Industrial User is determined by the Borough to be a Minor Industrial User, the Industrial User shall be allowed to utilize the reduced reporting requirements specified in § 259-46B herein.
(8)
If, upon information received from the Industrial
Users and/or available to the Borough based upon on-site inspection,
flow tests or Wastewater sampling and testing and/or available to
the Borough from other reliable sources, including but not limited
to the Municipal Owner, the Borough determines that an Industrial
User's classification should change, then (in that event) the Borough
shall serve notice upon the Industrial User of the proposed change(s),
at least 30 days prior to the effective date of that change(s), and
the Industrial User, thereafter, shall be required to comply with
all Requirements imposed upon that revised classification of Industrial
User.
(9)
The flow and loading criteria set forth in this section
shall be based on peak day conditions as estimated or measured.
F.
Permit Conditions. Industrial Waste Discharge Permits
shall be issued subject to all provisions of this article and all
other applicable Requirements, User charges and surcharges (if applicable)
and fees established by the Borough. Permits shall include any or
all of the following:
(1)
A statement that indicates Industrial Waste Discharge
Permit duration, which in no event shall exceed five years.
(2)
A statement that the Industrial Waste Discharge Permit is nontransferable without prior notification to the Borough and Municipal Owner in accordance with Subsection H of this section and provisions for furnishing the new Owner or operator with a copy of the existing Industrial Waste Discharge Permit.
(3)
The unit charge or schedule of User charges and/or
surcharges for the Wastewater to be discharged to the POTW.
(4)
Limits on the average and maximum Wastewater characteristics.
(5)
Limits on average and maximum rates and time of discharge
or Requirements for flow regulation and equalization.
(6)
Requirements for installation and maintenance of inspection
and sampling facilities.
(7)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and Standards
for tests and reporting schedule.
(8)
Compliance schedules.
(9)
Requirements for submission of discharge reports.
(10)
Requirements for maintaining operating records
relating to Wastewater discharge and affording Borough and the Municipal
Owner access thereto.
(11)
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 POTW.
(12)
Requirements for the development and implementation
of spill/slug control plans or other special conditions, including
management practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges.
[Amended 9-10-2007 by Ord. No. 1431]
(13)
Requirements for the development and implementation
of waste minimization plans to reduce the amount of Pollutants discharged
to the POTW.
(14)
A statement that compliance with the Industrial
Waste 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 Industrial Waste Discharge Permit.
(15)
Other conditions as deemed appropriate by the
Borough for individual permittees to ensure compliance with Requirements.
(16)
A statement that the conditions of the permit
incorporate this article, as amended from time to time, and a copy
of this article, as of the date of the permit issuance, shall be delivered
with the permit, but the lack of delivery or receipt of this article
shall not be considered a defect in the permit. The Users and permittees
have the availability of this article and amendment thereto at the
Borough of Ephrata.
(17)
Requirements for the development and implementation
of best management practices necessary to ensure compliance with applicable
Requirements.
[Added 9-10-2007 by Ord. No. 1431]
G.
Permit Duration. An Industrial Waste Discharge Permit
shall be issued for a specified time period, not to exceed five years,
or it may be issued to expire on a specific date. The Industrial User
shall apply, in writing, for permit reissuance a minimum of 180 days
prior to the expiration of an existing permit. The terms and conditions
of the permit shall be subject to modification by the Borough during
the term of the permit as limitations or Requirements are modified
or other just cause exists. The Borough shall serve notice on the
Industrial User of that proposed change(s) at least 30 days prior
to the effective date of that change(s). Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance.
H.
Permit Transfer. Industrial Waste Discharge Permits
are issued to a specific User for a specific operation. A permit may
not be reassigned, transferred or sold to a new Owner, new User, different
premises or a new or changed operation, such as a New User, without
the previous written approval of the Borough. Any application for
a permit transfer must include a written certification that the new
User (or new Owner, as applicable):
I.
Waste Characteristic Change. Any User or Owner who
is discharging Industrial Waste into the POTW and who contemplates
a change in the method of operation or in the Pretreatment facilities
which will alter the type of Industrial Waste then being discharged
into the POTW shall apply for a new Industrial Waste Discharge Permit
at least 30 days prior to such change. The revised Industrial Waste
Discharge Permit will be subject to a Permit Modification Issuance
Fee as may be established by the Borough by Resolution. Approval or
disapproval of a modified permit shall be regulated by the procedures
established hereunder for the issuance of an original permit.
J.
Separation of Wastes. Where the User can prove to the satisfaction of the Borough that there is a complete separation of Sanitary Wastewaters from Industrial Wastes within an industrial establishment, with only the Sanitary Wastewater discharged to the POTW, and submits a written certification thereof pursuant to § 259-45, herein, no Industrial Waste Discharge Permit will be required.
K.
Public Notification. The Borough, at the expense of
the applicant for an Industrial Waste Discharge Permit, shall publish
a notice of intent to issue any initial or major modifications to
an Industrial Waste Discharge Permit in a newspaper of general circulation
at least 14 days prior to issuance. The notice shall indicate a location
where the application for the permit may be reviewed and an address
where written comments may be submitted.
L.
Permit Appeals. Upon receipt by the Borough of written
request from an interested party, the Borough will provide the interested
party with written notice of a final permit decision by first-class
mail to the address provided by that party. Any Person so notified,
including the permittee, may appeal the terms of the Industrial Waste
Discharge Permit, in writing, to the Borough within 30 days of the
date of notice of its issuance, subject to the following:
(1)
No appeal shall be considered complete unless accompanied
by the appeal fee established by ordinance or resolution of the Borough.
(2)
Failure to submit a timely appeal shall be deemed
to be a complete waiver of all rights which could have been included
in the appeal.
(3)
The effectiveness of the Industrial Waste Discharge
Permit shall not be stayed pending final decision on the appeal.
(4)
The appeal must be in writing, and the Person so appealing
must state the grounds for their appeal. If the appellant is the permittee,
the permittee shall indicate the provisions of the permit to which
objection is made, the reasons for the objection and the alternative
conditions, if any, the permittee seeks to be placed in the permit.
(5)
If the appellant desires a hearing on the appeal,
the appellant must request a hearing in their appeal notice. Any hearing
will be conducted in accordance with the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
(6)
The Borough shall issue a written decision granting
or denying the appeal, as appropriate. If, after reviewing the appeal
and any evidence which may be presented, the Borough determines that
the appeal should be granted, the Borough shall reissue the permit,
as modified, or revoke the permit if the appeal requested revocation.
Appeals from all final determinations of the Borough shall be made
to Lancaster County Court of Common Pleas in accordance with the provisions
of the Local Agency Law, 2 Pa.C.S.A § 551 et seq.
M.
Industrial Waste Discharge Permit Modifications by
the Borough. The Borough may modify an Industrial Waste Discharge
Permit for good cause, including but not limited to the following
reasons:
(1)
To incorporate any new or revised Federal, State or
local Pretreatment Standards or Requirements;
(2)
To address significant alterations or additions to
the Industrial User's operation, processes or Wastewater volume or
character since the time of Industrial Waste Discharge Permit issuance;
(3)
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge
poses a threat to POTW, personnel or the receiving waters;
(5)
Violation of any terms or conditions of the Industrial
Waste Discharge Permit or this article;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the Industrial Waste Discharge Permit application
or in any required reporting;
(7)
Revision of or a grant of variance from Categorical
Pretreatment Standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the Industrial
Waste Discharge Permit; or
N.
Industrial Waste Discharge Permit Revocation. The
Borough may revoke an Industrial Waste Discharge Permit for good cause,
including but not limited to the following reasons:
(1)
Failure to notify the Borough of significant changes
to the Wastewater prior to the changed discharge.
(2)
Failure to provide prior notification to the Borough of changed conditions pursuant to § 259-55 hereof.
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the Industrial Waste Discharge Permit Application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the Borough 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 and costs.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a Wastewater survey or the
Industrial Waste Discharge Permit Application.
(12)
Failure to provide a completed application for a permit transfer in accordance with § 259-45 hereof for a new User or Owner.
(13)
Violation of any Pretreatment Standard or Requirement
or any terms of the Industrial Waste Discharge Permit or this article.
Industrial Waste Discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All Industrial Waste
Discharge Permits issued to a particular User are void upon the issuance
of a new Industrial Waste Discharge Permit to that Industrial User.
A.
Each Major Industrial User permittee shall submit
to the Borough, 10 days prior to the first day of March, June, September
and December, an Industrial Waste Contribution Report.
B.
Each Minor Industrial User permittee shall submit
such a report only once per year, prior to the anniversary date of
its permit. The Borough may require more than one report per year,
however, as a permit condition.
C.
The Industrial Waste Contribution Report shall be
on a form provided by the Borough and shall indicate the nature and
concentration of Pollutants in the Industrial Waste effluent. The
waste characteristics shall be based on the results of analysis of
the waste performed by a qualified laboratory acceptable to the Borough.
Upon specific approval of the Borough the Permittee may elect to employ
laboratories owned by the Industrial User or owner for the analysis
of certain parameters being monitored. However, at least once per
year, a split sample shall be analyzed for all parameters being monitored
in-house by both the in-house laboratory and a qualified independent
laboratory. The results of both laboratories shall then be submitted
to the Borough for review. The Borough may deny and/or withdraw the
approval for the use of laboratories owned by the Industrial User
or Owner at any time. This report shall also include the Average Daily
Flow for the reporting period.
D.
At the discretion of the Borough and in consideration
of such factors as production schedules, budget cycles, etc., the
Borough may agree to alter the months during which the above reports
are to be submitted.
A.
All Major Industrial Users and Minor Industrial Users
shall install at their expense a suitable control Manhole (together
with meters if required by the Borough as a condition of the permit)
and other appurtenances in the private connecting Sewer lateral to
provide for inspection, sampling and measurement of the waste. The
control Manhole should normally be situated on the User's premises,
but the Borough may, when such a location would be impractical or
cause undue hardship on the User, allow the control Manhole to be
constructed in the public street or sidewalk area and located so that
it will not be obstructed by landscaping or parked vehicles. There
shall be ample room in or near the control Manhole to allow accurate
sampling and preparation of samples for analysis. The control Manhole,
sampling and measuring equipment shall be maintained at all times
in a safe and proper operating condition at the expense of the User.
Construction of the control Manhole shall be completed within 90 days
following the date of written notice by the Borough.
B.
In the event that no control Manhole has been constructed,
the control Manhole shall be considered to be the nearest downstream
Manhole in the POTW to the point at which the building Sewer is connected.
C.
Users discharging Industrial Waste to the POTW shall
provide the Borough and its representatives the opportunity of access
at any time, upon reasonable notice, to any Improved Property served
by the POTW as shall be required for purposes of inspection, measurement,
sampling, testing and records examination to ascertain whether the
purpose of this article is being met and all Requirements are being
complied with and for performance of other functions relating to service
rendered by the Borough. The Borough shall have the right to set up
on the Industrial User's property such devices as are necessary to
conduct sampling inspection, compliance monitoring and/or metering
operations.
D.
All measurements, samplings, tests and analyses of
the characteristics of waters and wastes to which reference is made
in this article shall be performed in accordance with the techniques
prescribed in 40 CFR 136, unless otherwise specified in an applicable
Categorical Pretreatment Standard. If 40 CFR 136 does not contain
sampling or analytical techniques for the Pollutant in question, sampling
and analysis must be performed in accordance with procedures approved
by the EPA.
E.
Twenty-four-hour Composite Wastewater Samples shall be considered the standard for all sampling performed in accordance with the Regulation, except where Grab Samples are required in § 259-60 hereof. However, other appropriate sampling procedures may be acceptable at the discretion of the Borough if previously approved and included as part of the permit conditions.
F.
The costs of all measurement, sampling, testing, inspection and other monitoring activities incurred by the Borough while enforcing the provisions of this article shall be the sole responsibility of and paid by the applicable Industrial User. Such costs shall be additional User charges and shall be charged directly to the Industrial User using the same procedures for billing and collection as used for the billing and collection of surcharges, as described in § 259-49 hereof.
A.
The Borough may adopt by Resolution from time to time
charges and fees which may include, but are not limited to, the following:
(1)
Fees for reimbursement of costs of setting up and
operating the Borough's Pretreatment Program, including but not limited
to legal and engineering costs.
(2)
Fees for an Industrial Waste Discharge Permit Application.
(3)
Fees for monitoring, inspections and surveillance
procedures, including the cost of collecting and analyzing an Industrial
User's discharge and reviewing monitoring reports submitted by Industrial
Users.
(4)
Fees for filing appeals.
(5)
Fees for consistent removal by the Borough of Pollutants
otherwise subject to Federal Categorical Pretreatment Standards.
(6)
Other fees as the Borough may deem necessary to carry
out the Requirements of this article.
B.
These fees relate solely to matters covered by this
Article and are separate from other fees, fines and penalties chargeable
by the Borough or any Municipal Owner.
A.
Certain portions of the Facilities have been designed
to accommodate treatment of Wastewater BOD, Suspended Solids, Phosphorus
and Ammonia Nitrogen. Certain costs of operations of the Facilities
are incurred by the Borough for the removal of BOD, Suspended Solids,
Phosphorus and Ammonia Nitrogen from the Wastewater flows. If all
Users discharged Wastewater with similar concentration of BOD, Suspended
Solids, Phosphorus and Ammonia Nitrogen, then the imposition of User
rates on the flow basis would be fair and equitable. Certain Users
of the Facilities, however, discharge Wastewater with concentrations
of BOD, Suspended Solids, Phosphorus and Ammonia Nitrogen that are
significantly greater than average concentrations of these Pollution
parameters. Since the Borough has provided certain equipment and expends
certain operating costs that are provided to accommodate the treatment
of BOD, Suspended Solids, Phosphorus and Ammonia Nitrogen, it has
been determined that those costs of equipment and operation should
be allocated onto the Users on a pro rata basis for those Users that
discharge their waste with concentrations of BOD, Suspended Solids,
Phosphorus and Ammonia Nitrogen that exceed the average wasteload
concentrations. This allocation is hereby imposed by Surcharges as
described by this Article. Because of the high cost of analyzing BOD,
Suspended Solids, Phosphorus and Ammonia Nitrogen concentrations these
Surcharges will only be imposed upon Users that generate large Wastewater
flows. These Surcharges are imposed only on Major and Minor Industrial
Users. (Discharges generated by Major Industrial Users and Minor Industrial
Users containing concentrations of BOD and/or Suspended Solids in
excess of 250 mg/l shall be subject to a surcharge factor. Discharges
generated by Major Industrial Users and Minor Industrial Users containing
concentrations of Phosphorus in excess of 15 mg/l and/or Ammonia Nitrogen
concentrations in excess of 50 mg/l shall be subject to a surcharge
factor.) This surcharge factor shall be applied to the Standard User
Fee.
[Amended 4-12-1999 by Ord. No. 1323]
B.
For the purposes of this section, the term "Standard
User Fee" shall be that fee that Municipalities and/or Municipal Authorities
pay to the Borough for the pro rata cost of operation and the pro
rata payment of total annual capital cost as established in accordance
with the procedures described in Sections 6.01 and 6.02 of the Sewer
Service Agreement.
C.
The Major Industrial User and Minor Industrial User
shall be charged their regular customer charge for Wastewater directly
by the Municipal Owner of the Collection System to which the Industrial
User is connected. This charge must be paid to that Municipal Owner
in accordance with the Rates, Rules and Regulations of that Municipal
Owner.
D.
The surcharges imposed by this article are separate
charges that will be charged directly by the Borough on the Major
Industrial User and Minor Industrial User, and this separate charge
will be payable directly to the Borough.
F.
The surcharge factors shall be imposed on the Standard User Fees as described above in Subsection B herein and not on any base minimum quarterly charge.
G.
The surcharge factors shall be imposed on Standard
User Fees calculated on existing Industrial User flows and not projected
or future flows, and, and therefore, no surcharge shall be imposed
upon any User Reservation Fee or Tapping Fee that may be required
by other Regulations.
H.
Surcharge factors shall be computed on the basis of
the measured or estimated concentration of Pollutants for data as
may be available to the Borough. The basis for the calculation of
these factors shall be average daily loading concentrations based
upon thirty-day averages. If the data is available based upon an analysis
of daily testing of twenty-four-hour Composite Wastewater Samples,
that data will be used to compute the surcharge factor. If less detailed
data is available, the Borough shall use its discretion to select
the loading concentration based upon the best available information.
This concentration data may, therefore, only be based upon an analysis
of periodic Grab Samples. If the Industrial User objects to the loading
concentration used for the calculation of these factors, the Industrial
User can provide the Borough with more complete test data.
I.
The establishment of concentration loads for billing
purposes shall be made no more frequently than annually, unless otherwise
established for Major Industrial Users, as quarterly as a condition
of the Industrial Waste Discharge Permit. That is, the Borough shall
establish the surcharge factor annually (except as noted) and bill
for the following year using that factor.
J.
Surcharge Factor. For the Major Industrial User and/or
Minor Industrial User whose discharge has a total BOD concentration
in excess of 250 mg/l and/or Suspended Solids concentration in excess
of 250 mg/l and/or Phosphorus concentrations in excess of 15 mg/l
and/or Ammonia Nitrogen concentrations in excess of 50 mg/l, a surcharge
factor will be applied to the Standard User Fee to arrive at the industrial
surcharge bill. This surcharge is imposed upon Major Industrial Users
and Minor Industrial Users to allow the pro rata normal costs incurred
by the Borough to provide the Facilities and Facility operation and
maintenance for removal of BOD, Suspended Solids, Phosphorus and Ammonia
Nitrogen when discharged into the POTW in a concentration higher than
the concentration of those components in Sanitary Wastewater. The
surcharge factor will be established by Resolution of the Borough.
[Amended 4-12-1999 by Ord. No. 1323]
Any and all charges, costs, fees, surcharges,
expenses, etc., shall, in addition to other methods provided herein
or in other Requirements, be due and collectible by the Borough in
the same manner as Sewer charges are due and collectible by the Borough.
A.
Within either 180 days after the effective date of a Categorical Pretreatment Standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Borough a report which contains the information listed in Subsection B, below. At least 90 days prior to commencement of their discharge, New Sources, and sources that become categorical Industrial Users subsequent to the promulgation of an applicable Categorical Standard, shall submit to the Borough a report which contains the information listed in Subsection B, below. A New Source shall report the method of Pretreatment it intends to use to meet applicable Categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of Pollutants to be discharged.
B.
Industrial Users described above shall submit the
information set forth below:
(1)
Identifying Information. The name and address of the
facility, including the name of the operator and Owner.
(2)
Environmental Permits. A list of any environmental
control permits held by or for the facility.
(3)
Description of Operations. A brief description of
the nature, average rate of production and Standard Industrial Classifications
of the operation(s) carried out by such Industrial User. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(4)
Flow Measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(5)
Measurement of Pollutants.
(a)
The Categorical Pretreatment Standards applicable
to each regulated process.
(b)
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the Standard or by the Borough, of regulated Pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 259-60 hereof.
(d)
In cases where the Standard requires compliance
with a Best Management Practice or pollution prevention alternative,
the User shall submit documentation as required by the Borough or
the applicable Standards to determine compliance with the Standard.
[Amended 9-10-2007 by Ord. No. 1431]
(6)
Certification. A statement, reviewed by the Industrial
User's authorized representative 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.
(7)
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. 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 § 259-52 hereof.
The following conditions shall apply to the compliance schedule required by § 259-51B(7) hereof:
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 Industrial 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 Industrial User shall submit a progress report
to the Borough 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 Industrial
User to return to the established schedule; and
D.
In no event shall more than nine months elapse between
such progress reports to the Borough.
Within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of Wastewater into the POTW, any Industrial User subject to such Pretreatment Standards and Requirements shall submit to the Borough a report containing the information described in § 259-45B(4) through (6) of this article. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the Industrial User's long-term production rate. For all other Industrial 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 Industrial User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 259-45C hereof.
A.
All Major Industrial Users shall cause to be submitted to the Borough original monitoring results from an independent laboratory at a frequency determined by the Borough but in no case less than four times per year (by March, June, September and December). The monitoring results shall indicate the nature and concentration of Pollutants in the discharge which are limited by Pretreatment Standards. The independent laboratory shall be of the User’s choice and approved by the Borough, and will conduct all sampling without prior notice to the User. Measured or estimated average and if required maximum daily flows for the reporting period shall be obtained from the municipality and caused to be submitted to the Borough quarterly. In cases where the Standard requires compliance with a Best Management Practice or pollution prevention alternative, the User shall submit documentation as required by the Borough or the applicable Standards to determine compliance with the Standard at least quarterly. All periodic compliance reports must be signed and certified in accordance with § 259-45C hereof.
[Amended 9-10-2007 by Ord. No. 1431]
B.
All Wastewater samples must be representative of the
Industrial User's discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean and maintained in
good working order at all times. Wastewater meters shall be calibrated
at least annually; water meters shall be calibrated at least once
every 10 years. The failure of an Industrial User to keep its monitoring
facility(ies) in good working order shall not be grounds for the Industrial
User to claim that sample results are unrepresentative of its discharge.
[Amended 9-10-2007 by Ord. No. 1431]
Each User must notify the Borough of any planned
changes to the User’s operations or system which might affect
the potential for a slug discharge or has the potential to alter the
nature, quality or volume of its Wastewater at least 30 days before
the change.
A.
The Borough may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an Industrial Waste Discharge Permit application under § 259-45B hereof.
C.
For purposes of this Requirement, the term “changes”
includes but is not limited to, flow increases of 20% or greater and
the discharge of any previously unreported Pollutants.
A.
In the case of any discharge, including but not limited
to accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a Slug Load, that may cause potential
problems for the POTW, a User shall immediately telephone and notify
the Borough 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 Borough, 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 POTW, natural resources
or any other damage to Person or property; nor shall such notification
relieve the User of any fines, penalties or other liability which
may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in § 259-56A, above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
All Industrial Users not required to obtain
an Industrial Waste Discharge Permit shall provide appropriate reports
to the Borough as the Borough may require.
If sampling performed by an Industrial User
indicates a violation, the Industrial User must notify by telephone
the Borough within 24 hours of becoming aware of the violation and
shall provide written notice within five days. The Industrial User
shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the Borough within 30 days after becoming
aware of the violation. The Industrial User is not required to resample
if the Borough monitors at the Industrial User's facility at least
once a month or if the Borough samples between the Industrial User's
initial sampling and when the Industrial User receives the results
of this sampling.
All Pollutant analyses, including sampling techniques,
to be submitted as part of an Industrial Waste Discharge Permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR 136, unless otherwise specified in an applicable Categorical
Pretreatment Standard. If 40 CFR 136 does not contain sampling or
analytical techniques for the Pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by EPA.
A.
Except as indicated in Subsection B, below, the Industrial User must collect Wastewater samples using flow-proportional twenty-four-hour Composite Wastewater Sample collection techniques. The Borough may authorize the use of time-proportional sampling or a Grab Sample where the Industrial User demonstrates that this will provide a representative sample of the effluent being discharged. In addition, Grab Samples may be required to show compliance with instantaneous discharge limits.
[Amended 9-10-2007 by Ord. No. 1431]
B.
Samples for fats, oil and grease, temperature, pH,
cyanide, phenols, sulfides and volatile organic compounds must be
obtained using Grab Sample collection techniques.
Unless otherwise indicated, written reports
shall 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 actual receipt
of the report shall govern.
[Amended 9-10-2007 by Ord. No. 1431]
Industrial Users subject to the reporting Requirements
of this article shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
activities or BMPs required by this article and any additional records
of information obtained pursuant to monitoring activities or BMPs
undertaken by the Industrial User independent of such Requirements.
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. Also, records necessary
to demonstrate compliance with applicable BMPs must be kept. This
may include records of pH or flow meter calibration. 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 Borough, or applicable Municipal Owner
of a Collection System used by the Industrial User, or where the User
has been specifically notified of a longer retention period by the
Borough.
The Borough shall have the right to enter the
premises of any User to determine whether the User is complying with
all Requirements and any Industrial Waste Discharge Permit or order
issued hereunder. Users shall allow the Borough 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
Borough will be permitted to enter without delay for the purposes
of performing specific responsibilities.
B.
The Borough 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 Borough 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.
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
Borough and shall not be replaced. The costs of clearing such access
shall be born by the User.
E.
Unreasonable delays in allowing the Borough access
to the User's premises shall be a violation of this article.
If the Borough has been refused access to a
building, structure or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program of the Borough
designed to verify compliance with Requirements, this article or any
permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the Borough may
seek issuance of a search warrant from the Court of Common Pleas of
Lancaster County.
Information and data on a User obtained from
reports, surveys, Industrial Waste Discharge Permit applications,
Industrial Waste Discharge Permits and monitoring programs and from
the Borough's inspection and sampling activities shall be available
to the public without restriction, unless the User specifically requests
and is able to demonstrate to the satisfaction of the Borough 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 in writing
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.
[Amended 9-10-2007 by Ord. No. 1431]
The Borough shall publish annually, in a newspaper
of general circulation published in Lancaster County, a list of the
Users which, during the previous 12 months, were in Significant Noncompliance
(SNC) with applicable Industrial Waste Pretreatment Standards and/or
Requirements.
A.
Notification of Violation. When the Borough finds that a User has violated, or continues to violate, any provision of this article, an Industrial Waste Discharge Permit or order issued hereunder or any other Pretreatment Standard or Requirement, the Borough may serve upon that User a written Notice of Violation pursuant to § 259-70 hereof. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted, in writing, by the User to the Borough. 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 Borough to take any other action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
B.
Consent Orders. The Borough 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 D and E hereof and shall be judicially enforceable. Issuance of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the User.
C.
Show Cause Hearing.
(1)
The Borough may order a User which has violated, or continues to violate, any provision of this article, an Industrial Waste Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Hearing Board as set forth in Subsection C(2) of this § 259-67 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 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.
(2)
Conduct of hearing.
(a)
The Hearing Board shall conduct the hearing
and is authorized to issue notices of hearings requesting the attendance
and testimony of witnesses and production of evidence relevant to
any matter involved in such hearings; take evidence; and transmit
a report of the evidence and hearing, including transcripts and other
evidence, together with recommendations to the Borough for action
thereon.
(b)
At any hearing pursuant to this section, testimony
shall be under oath and recorded stenographically. The transcript
so recorded will be made available to any member of the public or
any party to the hearing upon payment of the usual charges therefor.
[Amended 9-10-2007 by Ord. No. 1431]
(c)
After the Hearing Board has reviewed the evidence,
it may issue an order to the User responsible for the violation, directing
that following a specific time period, the sewer service shall be
discontinued unless adequate treatment facilities, devices or other
related appurtenances have been installed and existing treatment facilities,
devices or other related appurtenances are properly operated. Further
orders and directives deemed necessary and appropriate may be issued
by the Hearing Board, including the assessment of cost associated
with the hearing.
(3)
The Hearing Board shall be appointed by the Intermunicipal
Group. One member of the Board shall be a member of the staff of the
Owner of the Facilities; one member shall be a professional engineer
skilled in practice of sanitary engineering; one member shall be a
representative of industry or manufacturing enterprise; one member
shall be a lawyer; and one member shall be selected at large for his
or her interest in accomplishing the objectives of this article.
(4)
Terms on the Board shall be for a period of five years.
The Intermunicipal Group shall appoint representatives to fill vacancies
on the Board to complete unexpired terms. Interim appointments may
be permitted to serve an additional full term on the Board.
D.
Compliance Orders. When the Borough finds that a User
has violated, or continues to violate, any provision of this article,
an Industrial Waste Discharge Permit or order issued hereunder, or
any other Pretreatment Standard or Requirement, the Borough 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 by installing
and properly operating adequate treatment facilities, devices or other
related appurtenances, sewer service may be discontinued. 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 POTW. A compliance
order may not extend the deadline for compliance established for a
Pretreatment Standard or Requirement, nor does a compliance order
relieve the User of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the User.
E.
Cease and Desist Orders.
(1)
When the Borough finds that a User has violated, or
continues to violate, any provision of this article, an Industrial
Waste 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 Borough may issue an order to the User directing it
to cease and desist all such violations and directing the User to:
(2)
Issuance of a cease and desist order shall not be
a bar against, or a prerequisite for, taking any other action against
the User.
F.
Administrative Fines.
(1)
Notwithstanding any other provision in this article,
when any User has violated or continues to violate any provision of
this article, the Industrial Waste Discharge Permit, any order issued
hereunder or any other Pretreatment Standard or Requirement, said
User shall be assessed an amount not to exceed $2,500 for each violation.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense.
(2)
In addition to the penalties provided herein, the
Borough may recover reasonable attorney's fees, court costs, court
reporter's fees and other expenses of litigation by appropriate suit
at law against the Person found to have violated this article or the
orders, rules, regulations and permits issued hereunder. Unpaid charges,
fines and penalties shall constitute a lien against an individual
User's property.
(3)
Users desiring to appeal such fines must file a written appeal along with payment in full of the fine assessed within 10 days of being notified of the fine. The Borough shall convene a hearing on the matter within 15 days of receiving the appeal and payment, in full, of the fine assessed from the User. Appeals under this provision shall be conducted in the same manner as set forth in § 259-67C(2) hereof.
(4)
The Borough may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
(5)
Issuance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any other action against
the User.
G.
Emergency Suspensions.
(1)
The Borough may immediately suspend a User's discharge,
after an attempted telephone call 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 Borough may also immediately
suspend a User's discharge, after notice by telephone and opportunity
to respond, that threatens to interfere with the operation of the
POTW or which presents, or may present, an endangerment to the environment
and/or cause or may cause a violation of the NPDES Permit of the POTW.
(a)
Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately comply voluntarily with the suspension order, the Borough may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Borough may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Borough that the period of endangerment has passed, unless the termination proceedings in § 259-67H hereof are initiated against the User.
(b)
A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Borough prior to the date of any show cause or termination hearing under § 259-67C or H hereof.
(2)
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
H.
Termination of Discharge.
(1)
In addition to other provisions of this article, any
User who violates the following conditions is subject to discharge
termination:
(a)
Violation of the Industrial Waste Discharge
Permit conditions;
(b)
Failure to accurately report the Wastewater
constituents and characteristics of its discharge;
(c)
Failure to report significant changes in operations
or Wastewater volume, constituents and characteristics prior to discharge;
(d)
Refusal of reasonable access to the User's premises
for the purpose of inspection, monitoring or sampling;
(e)
Violation of the required Pretreatment Standards;
or
(f)
Failure to pay surcharges or User charges or
applicable costs, penalties or fines.
(2)
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 259-67C hereof why the proposed action should not be taken. Exercise of this option by the Borough shall not be a bar to, or a prerequisite for, taking any other action against the User.
A.
Injunctive Relief. When a User has violated, or continues
to violate, any provision of this article, an Industrial Waste Discharge
Permit or order issued hereunder or other any Pretreatment Standard
or Requirement, the Borough may petition the Court of Common Pleas
of Lancaster County through the Borough's Attorney for the issuance
of a preliminary or permanent injunction, or both, as appropriate,
which restrains or compels the specific performance of the Industrial
Waste Discharge Permit, order or other Requirements imposed on activities
of the User. The Borough 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.
B.
Civil Penalties.
(1)
In addition to proceeding under any other remedy available
at law, or equity for violation of this article, the Industrial Waste
Discharge Permit, any order issued hereunder or any other Pretreatment
Standard or Requirement, the Borough may assess civil penalties against
any User who has violated or continues to violate any of the provisions
of this article, the Industrial Waste Discharge Permit, any order
issued hereunder or any other Pretreatment Standard or Requirement.
Civil penalties may be assessed whether or not the violation was willful
or negligent.
(2)
Any User who has violated or continues to violate
any of the provisions of this article, the Industrial Waste Discharge
Permit or order issued hereunder or any other Pretreatment Standard
or Requirement shall be liable to the Borough for a civil penalty
not to exceed $25,000, plus actual damages incurred by the POTW per
violation, per day as the violation continues. Each violation for
each separate day shall constitute a separate and distinct offense
under this section.
(3)
In addition to the above-described penalty and damages,
the Borough may recover reasonable attorney's fees, court costs and
other expenses associated with enforcement activities, including sampling
and monitoring expenses.
(4)
The Borough shall petition the court to impose, assess
and recover all such sums.
(5)
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.
(6)
Filing a suit for civil penalties shall not be a bar
against nor a prerequisite for taking any other action against a User.
C.
Criminal Prosecution.
(1)
A User who willfully or negligently violates any provision
of this article, an Industrial Waste Discharge Permit or order issued
hereunder or any other Pretreatment Standard or Requirement shall,
upon conviction thereof, 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.
(2)
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
article, an Industrial Waste Discharge Permit or order issued hereunder
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this Article shall, upon
conviction, be punished by a fine of not more than $1,000 per violation,
per day, or imprisonment for not more than one year, or both.
D.
Remedies Nonexclusive. The remedies provided for in
this article are not exclusive. The Borough 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
Borough's enforcement response plan. However, the Borough may take
other action against any User when the circumstances warrant. Further,
the Borough is empowered to take more than one enforcement action
against any noncompliant User.
A.
All Industrial Users connecting to and/or utilizing
a Collection System owned by a Municipality other than the Borough
of Ephrata or the Ephrata Borough Authority shall, if required by
that Municipal Owner, make application to the Municipal Owner simultaneous
with the application for an Industrial Waste Discharge Permit to the
Borough. If allowed by the Municipal Owner, the applicant could utilize
the same forms and supporting material as submitted to the Borough.
B.
For Industrial Users discharging to a Collection System
of a Municipal Owner that requires Industrial Waste Permits, the Borough
will not issue an Industrial Waste Discharge Permit or permit exemption
unless and until that Municipal Owner has approved the permit or a
permit exemption. If, however, that Municipal Owner has not issued
their respective permit or permit exemption notice to the applicant
within the time limits that the Borough must provide permit approval,
then in that event, the Borough will proceed to provide permit approval,
rejection or exemption in accordance with this article. If approval
of a permit is granted or permit exemption is granted, such approval
or exemption shall be conditioned upon the applicant also obtaining
approval or exemption of that Municipal Owner.
C.
All Industrial Users shall provide one copy of all
notices, reports, test information and data required by this article
to the applicable Municipal Owner(s).
D.
Verification of the transmittal of information shall
be provided to the Borough as part of the similar transmittal of information
required by the Borough in this article.
E.
As required by Article 7 of the Sewer Service Agreement,
the Borough will administer Industrial Waste penalties pursuant to
this article and/or pursuant to the Publicly Owned Treatment Works
Penalty Law (POTW Penalty Law) (35 P.S. § 752.1 et seq.).
A.
Whenever the terms of this article provide for any
action to be taken, including Notice and the service of documentation
with respect to enforcement of the terms of this article, including
termination of discharge, said notices and opportunities to respond
shall be provided, in addition to the User, to the Owner of the Improved
Property served by the POTW, if the Owner is different than the User.
B.
Every notice, request, requisition, order, demand, application, statement, report, certification, consent or similar action hereunder shall, unless the form thereof is specifically provided, be in writing signed by the User or the Authorized Representative of the User making, sending, issuing or publishing the item pursuant to § 259-45C hereof or, in the case of the POTW, signed by the Superintendent or his duly authorized representative and served by personal service or registered or certified mail (return receipt required), unless otherwise specifically indicated. Service upon any Authorized Representatives of a User as defined herein shall constitute service upon the User.
The Owner of each Improved Property connected
to the Wastewater System shall be responsible for all acts of tenants
or other occupants of such Improved Property insofar as such acts
shall be governed by provisions of this article and Requirements.
The failure of the Borough to insist upon the
strict performance of the provisions of this article or any of the
terms or conditions thereof shall not be construed as a waiver of
any of its rights hereunder.
The Borough reserves the right to adopt, from
time to time, such additional Regulations it shall deem necessary
and proper in connection with use and operation of the Facilities,
which Regulations shall become and shall be construed as part of this
article.
