Borough of Catasauqua, PA Wastewater Treatment

If the industrial user is a corporation, "authorized representative" shall mean:

The president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation.

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures of $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the industrial user is a partnership, or sole proprietorship, an "authorized representative" shall mean a general partner or proprietor, respectively.

If the industrial user is a federal, state or local governmental facility, an "authorized representative" shall mean a director to oversee the operation and performance of the activities of the government facility, or his/her designee.

BEST MANAGEMENT PRACTICES or BMPs

The individuals described in Subsections (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental managers for the company, and the written authorization is submitted to the Borough of Catasauqua.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this article and 40 CFR 403.5(a)(1) and (b). 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 4-1-2013 by Ord. No. 1287]

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure as described in the standard methods for the examination of water and wastewater, in five days at 20° C., expressed in terms of weight and concentration (milligrams per liter).

BIO-TOXIC MATERIALS

A POC consisting of a material or a combination of materials that, even in small amounts, can kill microorganisms and thus can adversely affect biological wastewater and sludge treatment processes and cause aquatic toxicity or degrade water quality. These materials include but are not limited to bactericides, fungicides, insecticides, pesticides, or germicides.

[Added 4-1-2013 by Ord. No. 1287]

BOROUGH

The Borough of Catasauqua or Borough Council of the Borough of Catasauqua.

BOROUGH MANAGER

The Borough Manager of the Borough of Catasauqua or his duly appointed deputy, agent or representative.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulations containing pollutant discharge limits promulgated by the U.S. EPA in accordance with §§ 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear at 40 CFR, Chapter I, Subchapter N, Parts 405-471.

COLOR

The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.

DOMESTIC WASTES

Liquid wastes:

From the noncommercial preparation, cooking and handling of food; or

ENVIRONMENTAL PROTECTION AGENCY or EPA

Containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.

The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.

GRAB SAMPLE

A sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.

INDUSTRIAL USER or USER

A source of indirect discharge.

INDUSTRIAL WASTEWATER

The liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal;

Therefore is a cause of a violation of POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations of permits issued thereunder (or more stringent state or local regulations):

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any State Sludge Management Plan prepared pursuant to Subtitle D of the SWDA, the Clear Air Act, the Toxics Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

NAMED USER

The individual or firm whose name appears on the water/sewer bill.

[Added 4-1-2013 by Ord. No. 1287]

The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to Section 402 of the Act.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which started after the publication of proposed treatment standards under Section 307(c) of the Act which shall be applicable to each such source for such standards as are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility or installation is constructed at a site at which no other source is located; or

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater generating processes of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as is the existing source, should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c), above, but otherwise alters, replaces or adds to the existing process or production equipment. Construction of a new source as defined under this subsection has commenced if the owner or operator has:

Begun or caused to begin as part of a continuous on-site construction program:

Any placement, assembly or installation of facilities or equipment; or

Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which are necessary for the replacement, assembly or installation of new source facilities or equipment.

POLLUTANTS OF CONCERN (POCs)

Entered into a binding contractual obligation for purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.

PASS THROUGH

A discharge or pollutant which cannot be treated adequately by POTW, and therefore exits into waters of the United States in quantities or concentrations which, alone or in conjunction with the discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, firm, company, partnership, corporation, association, group or society and includes the Commonwealth of Pennsylvania and agencies, districts, commissions and political subdivisions created by or pursuant to state law, and agencies of the United States government and their agents.

The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical waste, chemical waste, industrial wastes, biological materials, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor].

Any pollutant that might be reasonably expected to be discharged to the treatment plant in sufficient amounts that pass through or interfere with the plant, contaminates the sludge, causes problems in the collection system, jeopardizes the worker or is otherwise designated as such by the Borough.

[Added 4-1-2013 by Ord. No. 1287]

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on any industrial user, other than a pretreatment standard.

PRETREATMENT STANDARDS

All applicable federal rules and regulations implementing Section 307 of the Act, as set forth in 40 CFR, Subchapter N, Parts 401-471, as well as any nonconflicting state or local standards. In case of conflicting standards or regulations, the more stringent thereof shall be applied.

PROACTIVE CONTROL OF POCs

Nondomestic users shall identify actual or potential POCs and biotoxics, including any POCs and biotoxics not specifically identified in this permit or Borough ordinances, to prevent pass-through and interference, personnel and public exposure and collection system problems.

[Added 4-1-2013 by Ord. No. 1287]

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A "treatment works" as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and the responsibility for the operation and maintenance of the treatment works.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE

The normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments.

SIGNIFICANT INDUSTRIAL USER

Except as provided in Subsection (2) of this definition, the term "significant industrial user" means:

All industrial users subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR, Chapter I, Subchapter N; and

Any other industrial user that discharges an average of 25,000 gallons per day or more of processed wastewater to the POTW (excluding sanitary, noncontact cooling and blow down wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designed as such by the control authority as defined in 40 CFR § 403.12(a), a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR § 403.8(f)(6)].

SIGNIFICANT NONCOMPLIANCE

Upon the finding that an industrial user meeting the criteria in Subsection (1)(b) of this definition has no reasonable potential for adversely affecting the POTW's operation for violating any pretreatment standard or requirement, the control authority may at any time on its own initiative or in response to a petition received from an industrial user or POTW and in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user.

Occurs when a significant industrial user (or any other industrial user whose violation meets Subsection (3), (4) or (8) below has a violation of this article, and said violation meets one or more of the following criteria:

[Amended 4-1-2013 by Ord. No. 1287]

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority pursuant to § 210-30 B(6) of this chapter to halt or prevent such a discharge;

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance;

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG LOAD

Any discharge at a flow rate or concentration which would cause a violation of the prohibited discharge standards of this article or any discharge of nonroutine, episodic nature including, but not limited to, an accidental spill or a noncustomary batch discharge.

A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.

STORMWATER

Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

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.

TOXIC POLLUTANT

One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of § 307 (33 U.S.C. § 1317) of the Act.

TREATMENT PLANT EFFLUENT

Any discharge of pollutants from the POTW into the waters of the state.

UNPOLLUTED WATER

Water not containing any pollutants limited or prohibited by the effluent standards if effect, or water whose discharge will not cause any violation of receiving water quality standards.

USER

Any person who discharges, causes or permits the discharge of wastewater into the Borough's wastewater treatment system. Commercial and industrial users shall be categorized into levels, as follows: "Level I users" shall mean significant industrial users, as elsewhere defined in this article; "Level II users" shall mean those sewer users who are not classified as significant industrial users but whose actual and/or potential discharges could cause a significant adverse impact on the treatment plant, its employees, the collection system, the Lehigh River and the downstream water consumers; "Level III users" shall mean those users with actual or potential discharges which should cause only minimal adverse impact on the treatment plant, its employees, the collection system, the Lehigh River and downstream water consumers, but who must follow the rules and regulations for sewer use and be aware of the need for pollution prevention.

USER CLASSIFICATION

A classification of user based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.

WASTEWATER

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 discharged into or permitted to enter the Borough's wastewater system.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW designed to provide treatment of sewage and industrial waste.

WASTEWATER TREATMENT SYSTEM (SYSTEM)

Any devices, facilities, structures, equipment or works owned, leased or used by the Borough for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

"Shall" is mandatory; "may" is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

§ 210-25 General sanitary regulations.

[Amended 7-2-1984 by Ord. No. 871; 6-3-1985 by Ord. No. 889; 1-9-1990 by Ord. No. 951]

It shall be unlawful to discharge to any watercourse within the Borough, or in any area of the Borough, any sewage or other polluted waters or industrial wastewater except as hereinafter provided.

It shall be unlawful for any user to discharge into a storm sewer any sewage or unauthorized industrial wastewater.

It shall be unlawful to construct any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

The owner of any premises in the Borough accessible to the sewage system is hereby required, at his expense, to install suitable toilet facilities therein, and to connect such facilities directly with said sanitary sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so.

No user shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Borough of Catasauqua.

A separate and independent building sewer shall be provided for every building; except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer for purposes of this article, provided appropriate written agreement therefor shall be made between the affected property owners.

Existing building sewers may be used in connection with new buildings only when they are found, after examination and testing by the Borough Code Enforcement Officer, to meet all requirements of this article.

The size, slope, alignment and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building Code and Plumbing Code[1] and other applicable rules and regulations of the Borough. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manuals of Practice shall apply.

Editor's Note: See Ch. 130, Codes, Uniform.

Whenever possible, the building sewer shall be brought to the building at a depth below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Exceptions to this requirement shall be requested in writing and approved by the Borough Code Enforcement Officer.

No user shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

The connection of the building drain to the building sewer or of the building sewer into the public sewer shall conform to the requirements of the Building Code and Plumbing Code with procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manuals of Practice. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved in writing by the approving authority before installation.

When a public sewer becomes available, the building sewer shall be connected to said sewer within 90 days, but if the building sewer shall be declared a health hazard by the Borough Health Officer, the building sewer shall be immediately connected to the public sewer. At the time of connection, the private sewage disposal system shall be cleaned of sludge filled with approved material.

The owner of any improved property shall maintain and repair the building drain, the building sewer, and lateral from the boundary of the property to the building at his own expense, and he shall remove all trees, tree roots and other obstructions to the building drain, the building sewer and the lateral up to the property owner's boundary line. The Borough of Catasauqua shall maintain and repair the lateral from the public main or street sewer to the owner's property line at the Borough's expense and shall remove all trees, tree roots and other obstructions to the lateral.

It shall be unlawful for any party to discharge into the sewage system operated by the Borough of Catasauqua any waste or materials which is in violation of federal law or Environmental Protection Agency regulations. Promulgated as of now or in the future, including federal pretreatment standards.

§ 210-26 Prohibitions and limitation on wastewater discharges.

[Amended 6-3-1985 by Ord. No. 889; 1-9-1990 by Ord. No. 951; 1-6-1992 by Ord. No. 976; 8-3-1992 by Ord. No. 989; 11-6-1995 by Ord. No. 1044]

Prohibitions on wastewater discharges.

No user shall discharge or deposit or cause or allow to be discharged or deposited into the wastewater treatment system any wastewater which contains the following:

Oils and grease.

Oil and grease concentrations or amounts from industrial facilities violating federal pretreatment standards.

Wastewater from industrial facilities containing floatable fats, wax, grease or oils.

Any oils in amounts that will cause pass through or interference are prohibited.

Fire/explosive hazard. 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 wastewater treatment system or to the operation of the system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the sewer system, be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchalorates, bormates, carbides, hydrides and sulfides. Any waste streams with a closed cup flash point of less than 140° Fahrenheit or 60° Celsius using test methods specified in 40 CFR § 261.21.

Noxious material. Noxious or malodorous solids, liquids or gases, which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.

Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than 1/2 inch in any dimension.

Radioactive wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate federal and state agencies having control over their use and which will or may cause damage or hazards to the sewage facilities or personnel operating system.

(f)

Solid or viscous wastes. Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the wastewater treatment system. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances.

(g)

Excessive discharge rate. Wastewater at a flow rate or containing such concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation and that would cause a treatment process upset and subsequent loss of treatment efficiency; or the introduction of any pollutant, including oxygen-demanding pollutants (such as BOD), released in a discharge at a flow rate and/or pollutant concentration which would cause interference with the POTW.

(h)

Toxic substances. Any toxic substances in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to Section 307(a) of the Act, and chemical elements or compounds, phenols or other taste or odor-producing substances, or any other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system, or that will pass through the system.

(i)

Unpolluted waters. Any unpolluted water including, but not limited to, cooling water or of stormwater origin.

(j)

Colored discharge. If a nondomestic discharge causes unusual color in the treatment plant’s influent samples, the wet well or the primary clarifier inlets, the colored discharge is prohibited and must be ceased. BMPs to control color can be required.

[Amended 4-1-2013 by Ord. No. 1287]

(k)

Corrosive wastes. Any waste which will cause corrosion or deterioration of the treatment system. All wastes discharged to the public sewer system must have a pH value in the range of 6 to 9 standard units. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products.

(l)

Interference. Any waste which would cause interference with the biological processes or efficiency of the treatment system as defined in this article.

(m)

Pass through. Any waste which constitutes a pass through of the system as defined in this article.

(n)

Any trucked or hauled pollutants, except at discharge points designated by the Borough in accordance with § 210-27H.

(o)

Temperature. Any wastewater having a temperature that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° Fahrenheit (40° Celsius).

(p)

Any sludges, screenings or other residues from the pretreatment of industrial waste.

(q)

Any medical waste, except as specifically authorized by the Borough Manager in a wastewater discharge permit.

(r)

Any wastewater causing the treatment plant's effluent to fail a toxicity test.

(s)

Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the POTW.

(t)

Toxic gases/vapors/fumes. 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.

Wastes prohibited in this section shall not be processed or stored in such a manner that they would be discharged to the POTW. All floor drains located in process or material storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW.

Proactive control of influent pollutants of concern must be given a high priority. Wastewater entering the treatment plant is treated by biological organisms growing in slime like biofilms which are susceptible to inhibition or destruction from relatively small amounts of toxic influent materials. The plant does not have flow equalization which increases the risk of harm from short-duration, higher-concentration influent loadings. Very small amounts of biotoxic materials, such as biocides, bactericides, herbicides and pesticides can cause aquatic toxicity and inhibit or kill the plant’s biological treatment processes. Therefore both the Borough and nondomestic users have a responsibility to identify actual or potential biotoxics to prevent problems such as process interference, sludge quality, aquatic toxicity, personnel and public exposure, collection system issues, regulatory compliance, and water quality because discharges to the Lehigh River are under the special protection waters rules. Each industrial user is limited on the concentration of pollutants allowed to be discharged as hereinafter detailed. The controlling limit is the lesser of the local limit or the federal categorical pretreatment standard for each pollutant. Dilution of any wastewater for the purpose of meeting the limits hereinafter described, or the local limits or federal categorical pretreatment standards, shall be considered a violation of this article.

[Amended 11-3-2003 by Ord. No. 1159; 4-1-2013 by Ord. No. 1287]

The following are the maximum concentrations of pollutants allowable, the action level guidelines for pollutants of concern and surcharge levels of pollutants of concern in wastewater discharges to the wastewater treatment system. Development of these limits and levels was done taking into account the existing loading on our sludge of these pollutants, plant efficiency and total combined flow from all industrial discharges. These local limits will be reviewed periodically and may change as a result of changes in the factors contributing to their development. If such changes are made in the local limits for pollutants of concern, these changes, with the required EPA approvals, can be adopted and used in new or revised permits without further ordinance revisions.

	Local Limits for Pollutants of Concern
	Parameter	Daily Maximum Concentration
	Biological oxygen demand (BOD)¹	850 mg/l
	Total suspended solids (TSS)	850 mg/l
	pH	6-9 standard units
	Total dissolved solids (TDS)	Monitor only
	Oil and grease, cyanide, biotoxics	Enforceable BMPs

NOTES:

¹ In situations where, in the Borough's opinion, BOD is not representative of the strength of industrial and commercial discharges, and/or COD tests are better for process control purposes, testing for COD may be substituted for testing for BOD. Where monitoring for COD is required in a permit or permit amendment, the permittee will usually not be required to monitor for BOD. However, if there is a need to know the site's BOD loading as a percentage of the plant's design capacity, testing for both BOD and COD may be required.

	Action Level Guidelines for Pollutants of Concern
	Parameter	Action Level (mg/l)
	Cadmium	0.104
	Chromium	6.97
	Copper	1.35
	Silver	0.535
	Zinc	2.96
	Barium	715

Surcharge Levels for Pollutants of Concern
Surcharge parameter	TSS	BOD	COD	NH3	N TKN
Surcharge level	200 mg/l	200 mg/l	600 mg/l	30 mg/l	75 mg/l
Action level	600	600	1200	120	600
Prohibited level	850	850	2500	200	1000

Discharges over the prohibited level are not allowed at any time and must be ceased.

Action level appeal process. The numerical action levels are guidelines that when exceeded indicate that a CAP is necessary. The submission of an acceptable CAP is an enforceable permit condition. If the sewer user believes that the action level is not appropriate or that a CAP is not necessary, the user can petition the Borough for reconsideration by submitting additional information to the Pretreatment Coordinator to justify the change. If in the Borough's opinion the data submitted is not sufficient to make a determination, the discharge above the action level may be temporarily or permanently denied. In instances where the Borough must use an outside consultant to evaluate the information submitted, the user must first agree to compensate the Borough for the estimated consultant fees. When the Borough has determined that discharges over the action level are not acceptable, all such discharges must be ceased or the permit can be revoked and service terminated. The permit can also be amended to exclude any discharges of the specific materials exceeding the action level.

Federal categorical pretreatment standards. Any categorical industry discharging to the POTW must also comply with the categorical industrial limits established by EPA. There are too many types of categorical industries for the federal categorical pretreatment standards to be listed here. Any industrial user which would be regulated under the categorical pretreatment standards will have those standards listed in its industrial discharge permit. The categorical pretreatment standards found at 40 CFR, Chapter I, Subchapter N, Parts 405-471, are incorporated by reference herein.

Best management practices for additional pollutants of concern. Enforceable best management practices are required for discharges containing significant amounts of materials such as arsenic, lead, mercury, molybdenum, nickel, selenium, silver, toxics, biocides, dissolved solids, and any material which in the Borough’s opinion is a POC because it will cause or have the potential to cause environmental problems such as those listed in action levels. BMPs must be preapproved before any discharges will be authorized and will be enforceable permit conditions.

[Added 4-1-2013 by Ord. No. 1287]

Special agreements. Nothing in this section shall be construed as preventing any special agreement or arrangement between the Borough and any user of the wastewater treatment system whereby wastewater of unusual strength or character is accepted into the system and specially treated to be acceptable, subject to any payments or user charges as may be applicable. Local standards set forth in this article may be waived by special agreement but this provision does not allow waiver of any national pretreatment standards.

Any special agreement is prohibited from waiving any other federal retreatment requirements.

[Added 4-1-2013 by Ord. No. 1287]

One of the conditions of any special agreement is that the total loading for any pollutant allocated to all users does not exceed the maximum allowable industrial loading calculated as part of the most recently accepted local limits evaluation.

[Added 4-1-2013 by Ord. No. 1287]

Any special agreement must be entered into and authorized in writing.

[Added 4-1-2013 by Ord. No. 1287]

Concentrations. Concentrations apply at the point where industrial waste is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. At his discretion, the Borough Manager may impose mass limitations in addition to or in place of the concentration based limitations set forth above in Subsection B of this section.

Dilution. No industrial user shall ever increase the use of the 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 Manager may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

Sludge protection requirements (SPR's).

[Added 11-3-2003 by Ord. No. 1158]

The following are the maximum sludge protection requirement levels allowable in wastewater discharges to the wastewater treatment plant. Each industrial or commercial user actively discharging pollutants that could accumulate in the sludge must comply with the SPR's. If the discharge level exceeds the SPR's, the user must develop a plan to come into compliance within a reasonable period of time as approved by the Borough of Catasauqua or cease discharging the problem waste stream.

Parameter	EPA Clean Sludge (EQ) Limit (mg/kg)	Daily Maximum Concentration (mg/l)
Zinc	2,800	1.25
Chromium	1,500¹	0.7
Copper	1,500	0.42
Nickel	420	0.15
Lead	300	0.07
Selenium	100	0.1
Molybdenum	75²	0.06
Arsenic	41	0.03
Cadmium	39	0.012
Mercury	17	0.007

	NOTES:
	¹Borough Guideline.
	²EPA Ceiling Limit.

The Borough reserves the right to revise these limits any time based on observational data. The Borough also reserves the right to set more stringent limits for any pollutant, such as reactive cyanide or reactive sulfide, if actual or potential discharges are believed to adversely effect sludge quality and the landfill or land application of the sludge.

Reactivity.

	Parameter	EPA Sludge Limit (mg/kg)	Daily Maximum Concentration (mg/l)
	Reactive Cyanide	250	0.05
	Reactive Sulfide	500	0.1

If reactive sulfide and/or reactive cyanide exceed or have the potential to exceed 50% of their respective limits, pretreatment is required.

Being able to comply with an SPR is not an authorization to discharge a nondomestic and/or toxic pollutant or domestic pollutant in quantities exceeding normal domestic levels. Authorization to discharges only granted by the issuance of a permit, an emended permit or a letter of approval (which requires a submission of a permit application or a notification of changed discharge).

§ 210-27 Control of prohibited wastes.

[Amended 6-3-1985 by Ord. No. 889; 1-1-1990 by Ord. No. 951; 11-6-1995 by Ord. No. 1044]

Regulatory actions. If wastewaters containing any substance described in § 210-26 of this article are discharged or proposed to be discharged into the sewer system of the Borough of Catasauqua or any sewer system which is tributary thereto, or if the industrial user due to plant setup or chemical storage considerations might require a slug/spill prevention plan regardless of what they are or plan to be discharging, the Borough Manager and the Borough Solicitor shall take all actions against the user necessary to:

Prohibit the discharge of such wastewater.

Require a user to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this article.

Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations.

Require the user making, causing or allowing the discharge to pay any additional cost or expense incurred by the Borough for handling and treating excess loads imposed on the treatment system.

Where the Borough Manager determines that an emergency condition exists requiring the immediate cessation of an offending discharge into the sewer system, the Borough Manager shall proceed as follows:

He shall immediately notify the offending user of the situation and order him to immediately stop the discharge.

If the offender fails to respond to the Borough Manager's order, the Borough Manager is empowered to do all acts necessary including shutting off any flow from the offending user to the sewer system. Wherever practical, the Borough Manager should give the offending user a second notice just prior to terminating their flow into the system.

If an offending user feels aggrieved by either actions of the Borough Manager, he may immediately appeal for a hearing before Borough Council. Borough Council shall hold a hearing within 48 hours after request of the same and shall either affirm the Borough Manager's decision, reverse the decision, or modify the same.

It is the intent of this provision that the Borough Manager be given all necessary powers to terminate immediately any discharges which create emergency conditions which may present an imminent danger to the health or welfare of persons or society and/or which may do damage to the sewage treatment facility.

Submission of plans. Where pretreatment or equalization of waste-water flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the Borough Manager for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow control facilities, or changes to polluted discharges shall not be made without due notice and prior approval of the Borough Manager, and the issuance of a new or modified permit as required.

Pretreatment facilities operations. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances and laws.

Admission to property. Whenever it shall be necessary for the purposes of these rules and regulations, the Borough Manager, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of copying any records required to be kept under the provisions of this article, inspecting any monitoring equipment or method, and sampling any discharge of wastewater to the treatment works. The Borough Manager may enter upon the property at any hour under emergency circumstances.

Protection from accidental discharge. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's cost and expense. Detailed plans showing facilities and operating procedures and any subsequent modifications thereto to provide this protection shall be submitted to the Borough Manager for review by the Borough Engineer, and shall be approved by the Borough Engineer before construction of the facility. Cost of this review shall be paid by the user. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify his facility as necessary to meet the requirements of this article. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses at a minimum the following:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in § 210-26 of this article.

Procedures to prevent adverse impact from 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.

Reporting of accidental discharge. If, for any reason, a facility does not comply with or will be unable to comply with any publication or limitations in this article, the user responsible for such discharge shall immediately notify the Borough Manager so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the Borough Manager detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges, shall be filed by the responsible facility within five days of the occurrence of the noncomplying discharge.

Tenant responsibility. Where an owner of property leases premises to any other person or as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this article.

Hauled wastewater.

Septic tank waste may be accepted into the POTW at a designated receiving structure within a treatment plant area, and at such times as are established by the Borough Manager; provided, such wastes do not violate other sections of this article or any other requirement established or adopted by the Borough. Wastewater discharge permits for individual vehicles to use such facility shall be issued by the Borough Manager.

The discharge of hauled industrial waste, as "industrial septate," requires prior approval and a wastewater discharge permit from the Borough. The Borough Manager shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all other sections of this article.

Fees for dumping septate will be established as part of the industrial user fee system as authorized under this article.

Vandalism. No person shall maliciously or willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in § 210-30.

Responsibility for environmental compliance and pollutant discharges.

[Added 4-1-2013 by Ord. No. 1287]

Responsibility for environmental compliance. The industrial or commercial user named on a municipal water/sewer bill ("named user") is responsible for compliance with federal, state, and local and environmental rules, regulations and ordinances. Each occupant at that address also has the same responsibilities and must have a watershed protection permit to discharge. If violations and/or environmental problems occur at a multioccupant site and the occupant responsible does not take immediate corrective action or cannot be positively identified, the named user shall be fully responsible for correcting all of the site's noncompliance and pollution issues and is subject to all enforcement options. When required by the Borough, the named user must apply for and be issued a watershed protection permit for the entire site.

Responsibility for pollutant discharges.

Responsibility for pollutant discharges from single-occupant sites. The occupant must obtain a Level I, II or III watershed protection permit before commencing any discharges. In the event that materials harmful to the environment and/or in violation of federal, state and local government rules and regulations are found in the effluent, the occupant and, if necessary, the named user, will be held responsible for taking action to control the source and any costs of remediation for any damages caused and will be subject to all actions in the enforcement response plan.

Responsibility for pollutant discharges from multiple-occupant sites. Each occupant must obtain a Level I, II or III watershed protection permit before commencing any discharges. In the event that materials harmful to the environment and/or in violation of federal, state and local government rules and regulations are found in the effluent of a multioccupant building (without individual sampling points for each occupant) and the occupant responsible for the discharge cannot be identified, the named user will be held responsible for taking action to control the source and any costs of remediation for any damages caused and will be subject to all actions in the enforcement response plan.

Responsibility for the costs of compliance.

Watershed protection permit application costs. Each sewer user proposing to discharge new pollutants or increased levels of previously approved pollutants is responsible for all of the application costs, including but not limited to sampling, laboratory tests and consultant services.

Permit compliance costs. Each permitted sewer user is responsible for the costs of sampling, analysis and any other expenses required to comply with the site's permit.

Additional analysis and testing. If a sewer user discharges any pollutant which requires additional sampling, analysis and other tests, the sewer user is responsible for the additional costs.

Site-specific NPDES permit and pretreatment compliance costs. If a sewer user discharges any material for which the DEP and EPA specifies additional or modified NPDES permit requirements and/or additional pretreatment requirements, the sewer user is responsible for any additional costs incurred by the Borough to implement and maintain compliance with these requirements.

Costs of identification and correction of violations. The sewer user or users responsible for discharges that cause violations, harm to the treatment plant and the environment are also responsible for all extra expenses incurred by the Borough to locate the sources(s) and take the necessary corrective actions. If a sewer user, who is not the property owner, is found to be a source and does not promptly and properly assume these responsibilities, the named user will be held responsible.

Termination of sewer service.

[Added 4-1-2013 by Ord. No. 1287]

All sewage discharges to the Borough's treatment plant must be terminated on permit expiration or permit revocation or when a cease and desist order is issued. Permits can be revoked or a cease and desist order issued for illegal discharges (actual or potential), NPDES violations and continued noncompliance with permit requirements, such as local limits, action levels, enforceable BMPs and/or other applicable local, state and federal environmental regulations. When there are actual and/or potential adverse effects, the Borough can immediately terminate sewer service with or without taking prior enforcement actions. This can be done by issuing a cease and desist order that will stay in effect until compliance can be assured. Cease and desist orders will usually be sent by certified mail, but in unusual or emergency situations, they can be given verbally (in person or over the phone), hand delivered or sent by fax or e-mail.

Actions that must be taken when sewer service is terminated.

When a permit expires or has been revoked or a cease and desist order has been issued, the sewer user must terminate all wastewater discharges to the Borough's WWTP within 15 calendar days. The time to terminate all discharges may be reduced where there is an indication that imminent harm will occur. Any further violations found during the period during which termination of all discharges must occur will be subject to additional escalating enforcement as serious, willful violations.

The sewer user must send a termination of discharge certification letter to the Borough Manager by certified mail as soon as possible but within 15 calendar days of permit expiration or receipt of a cease and desist order signed by the person in charge of the site's operations certifying that all discharges to the WWTP have been permanently stopped describing the actions taken so that further discharges cannot occur. The time frame to submit the termination of discharge certification letter is separate and independent from the time-frame to terminate all wastewater discharges set forth in § 210-27K(2)(a). If after 16 days this termination of discharge certification letter has not been received by the Borough, a civil penalty assessment of no less than $200 per day of continued illegal discharge will be issued. This daily penalty may be increased one or more times if illegal discharges continue and/or the certification letter is not received.

§ 210-28 Compliance monitoring and reporting.

[Amended 1-9-1990 by Ord. No. 951; 11-6-1995 by Ord. No. 1044]

Compliance monitoring.

Inspection and sampling. The Borough of Catasauqua shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this article, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Borough Manager or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where an industrial user has security measures in force which required proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangement with the security guard so that, upon presentation of suitable identification, personnel from the Borough, state and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

The Borough, state and EPA shall have the right to set up on the industrial users property, or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Borough may require the industrial 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 industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least semi-annually to insure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Borough Manager or his representative and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.

Unreasonable delays in allowing Borough personnel access to the industrial user's premises shall be a violation of this article.

Search warrants. If the Borough Manager, or his representative, has been refused access to a building, structure or property or any part thereof, and if the Borough Manager has demonstrated probable cause to believe there may be a violation of this article or that there is a need to inspect as part of a routine inspection program of the Borough of Catasauqua designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the Borough Solicitor, the Judge of the Court of Common Pleas of Lehigh County shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrants shall be served at reasonable hours by the Borough Manager in the company of a uniformed police officer of the Borough of Catasauqua. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.

Reporting requirements.

Base line monitoring reports.

Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the Borough of Catasauqua a report which contains the information listed in Subsection B(1)(b), below. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Borough of Catasauqua a report which contains the information listed in Subsection B(1)(b), below. A new source shall also be required to report the method of pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

The industrial user shall submit the information required by this section including:

Identifying information. The name and address of the facility including the name of the operator and owners.

Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility.

Description of operations. A brief description of the nature, average rate of production and standard industrial classification 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]

Identify the categorical pretreatment standards applicable to each regulated process.

[b]

Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the Borough of Catasauqua) 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 the normal discharges from the daily operations occurring during the reporting period and shall be analyzed in accordance with the procedures set out in Subsection B(10) of this section. In cases where the applicable 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 standard to determine compliance with the standard.

[Amended 4-1-2013 by Ord. No. 1287]

[c]

Sampling must be performed in accordance with the procedures set out in Subsection B(11).

[6]

Certification. A statement used 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 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 industrial 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. The compliance schedule pursuant to this section must meet the requirements set out in § 210-29D of this article.

[8]

All baseline monitoring reports must be signed and certified in accordance with § 210-29D(9).

Compliance schedule progress report. The following conditions shall apply to the schedule required in Subsection B(1)(b)[7]. 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 re-required for the user to meet the applicable pretreatment standards (such events including hiring an engineer, completing preliminary and final plans, executing contracts for the major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Borough Manager 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. In no event shall more than nine months elapse between such progress reports to the Borough Manager.

Report on compliance with categorical pretreatment standard deadline.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the Borough a report containing the information described in Subsection B(1)(b)[4] to [6].

For industrial 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 § 210-29D(9).

Periodic compliance reports.

Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Borough Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average of maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 210-29D(9). In cases where the applicable 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 standard to determine compliance with the standard.

[Amended 4-1-2013 by Ord. No. 1287]

All wastewater samples must be representative of the normal discharges occurring during the reporting period. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

[Amended 4-1-2013 by Ord. No. 1287]

If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Subsection B(11) of this article, the results of this monitoring shall be included in this report.

Report of changed conditions. Each industrial user is required to notify the Borough Manager of any planned significant changes to the industrial user's operation or system which might alter the nature, quality or volume of its wastewater, or impact the potential for slug discharge, at least 90 days before the change.

[Amended 4-1-2013 by Ord. No. 1287]

The Borough Manager may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 210-29B.

The Borough Manager may issue a wastewater discharge permit under § 210-29C or modify an existing wastewater discharge permit under § 210-29I.

No industrial user shall implement the planned changed condition(s) until and unless the Borough Manager has responded to the industrial user's notice.

For purposes of this requirement, flow increases of 10% or greater and the discharge of any previously unreported pollutants shall be deemed significant.

Reports of potential problems.

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 which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 210-26 of this article), it is the responsibility of the industrial user to immediately telephone and notify the Borough of Catasauqua of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

Within five days following such discharge, the industrial user shall, unless waived by the Borough Manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial 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 relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this article.

Failure to notify the Borough of potential problem discharges shall be deemed a separate violation of this article.

A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection B(6)(a), above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedures.

Reports of potential problems as described in this Subsection B(6) shall also be required within the same time frames and to the same agencies whenever there are facility changes that affect the potential for slug discharges. This notification requirement is in addition to any other requirement relating to slug discharges contained elsewhere in this Chapter 210.

[Added 4-1-2013 by Ord. No. 1287]

Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the Borough as the Borough Manager may require.

Notice of violation/repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Borough within 24 hours of becoming aware of the violation. 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 POTW performs monitoring at the industrial user's premises at least once a month, or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of the sampling.

(9)

Notification of the discharge of hazardous waste.

Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also include the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Subsection B(5), above. The notification requirement in this section does not apply to pollutant already reported under the self-monitoring requirements of Subsections B(1), (3) and (4), above.

Discharges are exempt from the requirements of Subsection A of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes as specified in 40 CFR § 261.30(d) and § 261.33(e). Discharge of more than 15 kilograms of nonaccute hazardous waste specified in 40 CFR § 261.30 and § 261.33(3) requires a one-time notification.

In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substances as hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorizes of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(10)

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with techniques prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR, Part 136, does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

(11)

Sample collection.

Except as indicated in Subsection B(11)(b), below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. The Borough Manager may authorize the use of another sampling technique as long as the sample is representative of discharge. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

[Amended 4-1-2013 by Ord. No. 1287]

Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic compounds must be obtained using grab collection techniques.

(12)

Determination of noncompliance. The Borough Manager may use a grab sample(s) to determine noncompliance with pretreatment standards.

(13)

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.

(14)

Recordkeeping.

[Amended 4-1-2013 by Ord. No. 1287]

Any industrial user subject to the reporting requirements established in this article shall maintain and make available for copying records of all information resulting from any monitoring activities required by this article, including documentation associated with best management practices. Such records shall include for all samples:

The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

The date(s) analyses were performed;

Who performed the analyses;

[4]

The analytical techniques/methods used;

[5]

The results of such analyses.

Any industrial user subject to the reporting requirements established in this article (including documentation associated with BMPs) shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the Borough of Catasauqua. This period of retention shall be extended during the course of any unresolved litigation concerning compliance with this article, or where the industrial user has been specifically notified of a longer retention period by the Borough Manager.

(15)

Additional monitoring data. Industrial users that monitor more frequently than required, using appropriate procedure, are required to submit such monitoring to the POTW. The timing, procedures and record keeping requirements for such additional reports shall be the same as for the required reporting.

Confidential information. Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from city inspection and sampling activities, shall be available to the public without restriction unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the Borough that the release of such information, processes or methods of production entitled to protection as trade secrets under applicable state law. When required and demonstrated by the industrial user furnishing a report that such information should be held confidential, the proportions 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.

§ 210-29 Wastewater applications and permits.

[Amended 1-9-1990 by Ord. No. 951; 9-6-1994 by Ord. No. 1018; 11-6-1995 by Ord. No. 1044]

All commercial and industrial users must submit information on the nature and characteristics of the wastewater, materials stored on site and wastes sent for off-site disposal, by completing a permit application prior to commencing any discharge, or within the time frames set forth for existing users. The Borough Manager is authorized to prepare a form for this purpose and may periodically require commercial and industrial users to update their application. Failure to complete the application shall be reasonable grounds for terminating service to the user and shall be considered a violation of this article.

Wastewater discharge permits required.

All significant industrial users proposing to connect to discharge into any part of the wastewater treatment system must first obtain a discharge permit therefor.

All existing significant industrial users connected to or discharging to any part of the Borough's system must obtain a wastewater discharge permit within 90 days from and after the effective date of this article.

Any existing permitted user which changes its discharge must obtain a discharge permit prior to commencing any changed discharge.

All nonsignificant industrial users, and all commercial users shall be required to obtain a water pollution management permit, either Level II or Level III.

Existing users shall apply for said water pollution management permit within 180 days of publication of this article.

New users shall apply for and obtain a water pollution management permit prior to occupancy.

The Borough Manager may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

Permit application. Users seeking a wastewater discharge permit or seeking a new permit due to revised discharges, shall complete and file with the Borough Manager an application on a form prescribed by the Borough Manager and accompanied by the applicable fee. Said application may require the following general information, as well as additional user specific information:

Name, address, and SIC number of applicant.

Volume of wastewater to be discharged.

Wastewater constituents and characteristics including, but not limited to, those set forth in § 210-26 of this article as determined by a reliable analytical laboratory.

Time and duration of discharge.

Average base water flow rates.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.

Description of activities, facilities and plant processes on the premises including all materials and types of materials which are, or could be, discharged.

Each product produced by type, amount and rate of production.

(9)

Number and type of employees and hours of work.

(10)

Any other information as may be deemed by the Borough Manager to be necessary to evaluate the permit application.

(11)

All wastewater discharge permit applications and industrial user reports must contain a certification statement and must be signed by an authorized representative of the industrial user. The language of said certification is set forth below in Subsection D(9) of this section.

(12)

Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.

Permit decision. The Borough Manager will evaluate the data furnished on the application and may require additional information. Properly completed applications shall automatically serve as Level III permits. At any time during the term of the Level III permit, if it is determined to be necessary, the Borough may require a Level I or Level II discharge permit application to be filed. The Borough Manager may deny any application for a wastewater discharge permit or revoke an existing permit for cause. If a determination that a Level I or Level II permit application is required, the failure of an industrial user to make application within a time frame set forth in the notice thereof, shall constitute a violation of this article and shall be reasonable grounds for terminating service to the industrial user.

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other regulations, user charges and fees established by the Borough. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this article and applicable state and federal regulations. Permit conditions will include the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system.

The average and maximum wastewater constituents and characteristics.

Limits on rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation of inspection and sampling facilities, and specifications for monitoring programs.

Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges. The individual reports required shall include, at least, periodic compliance reports for all industrial users and compliance schedule progress reports, compliance reports, and baseline monitoring reports for categorical industries.

Periodic compliance reports. All industrial users must submit a biannual periodic compliance report. The report shall indicate the precise nature and concentrations of the regulated pollutants in its discharge to the POTW, the average and maximum daily flow rates of the facility, the methods used by the discharger to sample and analyze the data, and a certification that these methods confirmed to those methods outlined in the regulations. [40 CFR 403.12(e)].

Compliance schedule progress reports. No later than 14 days following each date in the categorical compliance schedule, the permittee shall submit to the Borough a progress report including at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reasons for the delay, and the steps being taken to return the project to the schedule established.

Report on compliance. Within 90 days after the compliance date for 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 the standards must submit to the Borough a "Report on Compliance" that states whether or not applicable pretreatment standards are being met on a consistent basis. The report must indicate the nature and concentration of all regulated pollutants in the facility's regulated process waste streams; and a statement of whether compliance is consistently being achieved, and if not, what additional operation and maintenance and/or pretreatment is necessary to achieve compliance. [40 CFR 403.12(d)].

Baseline monitoring report. All industrial users subject to categorical pretreatment standards must submit a baseline monitoring report (BMR) to the Borough within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination request, whichever is later.

Compliance monitoring. All limits must be complied with, but periodic monitoring is usually required only for the parameters that are actively discharged. However, the Borough can require either temporary screening or periodic monitoring for any parameter with or without a limit that is believed to have an actual or potential harmful effect on the plant, its employees, the public, the sludge, the collection systems and the Lehigh River.

[Added 4-1-2013 by Ord. No. 1287]

Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.

Compliance schedules.

Best management practices (BMPs).

[Added 4-1-2013 by Ord. No. 1287]

BMP certification. Those users with BMP requirements in their permits will be required to certify within 60 days and then annually that the BMPs are being effectively implemented and submit all documentation required by the BMP, such as process control, cleaning, maintenance and off-site disposal of records which must be kept for at least three years. Copies must be shown to or sent to the Borough when requested. In the event that there is a noticeable increase in the treatment plant influent of a parameter used by a site with a BMP, the Borough can require immediate monitoring and other actions in accordance with the applicable monitoring requirements on a temporary or permanent basis. Failure to comply with an approved BMP may result in any one or more of the following: escalating enforcement actions, a temporary or permanent change in permit level or permit fees, or submission of a new permit application may be required. In addition sewer service can be terminated until the user conclusively demonstrates that a sustainable approved BMP has been adopted and implemented.

Customized BMPs. A sewer user who believes that a site-specific BMP could be more environmentally beneficial and/or more cost effective than complying with a numerical discharge limit or action level should contact the Borough’s Pretreatment Coordinator to determine if a BMP would be appropriate. If the use of a BMP is found to be suitable the, Borough may work with the user to plan and implement an enforceable BMP.

Enforceable BMPs for biotoxic materials. Dischargers of biotoxics must submit BMPs acceptable to the Borough before commencing any discharges. The BMPs must assure that toxic amounts of these materials will not be discharged at any time, or the user must use less toxic materials or zero discharge.

Enforceable BMPs for cyanide dischargers. Dischargers of cyanide or cyanide-containing materials must implement enforceable BMPs acceptable to the Borough before commencing any discharges. The BMPs must include the use of a preapproved cyanide destruction system that reduces the total cyanide to nondetect (below a reporting limit of 0.005 mg/l). In some instances, the Borough may require that, after the cyanide destruction process, the treated wastewater be held in sealed and secure containers until the cyanide content has been tested and found to be <0.005 mg/l; if not the batch must be retreated.

Enforceable BMPs for oil and grease. All Level I and Level II permittees discharging FOG (fats or oils or greases or a combination thereof) must submit a BMP called a "FOG management plan" for Borough approval.

(9)

Signatory requirement. Baseline monitoring reports (BMR's), reports on compliance with categorical pretreatment standard deadlines, ninety-day compliance reports and periodic reports on continued compliance must be signed and certified by a duly authorized representative of the industrial user. A duly authorized representative is one who meets the criteria established at 40 CFR 403.12(1). The signature for these reports must be accompanied by 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 insure qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those person 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 fines and imprisonment for knowing violations."

(10)

General sewer use rules and regulations.

(11)

A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law, and the statement of penalties may reference only those set forth hereafter in the audience.

(12)

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility with compliance with all applicable state and federal pretreatment standards, including those which become effective during the term of discharge permit.

(13)

Conditional discharge permits for new or increased POC discharges or noncompliance. Conditional watershed protection permits can be issued when, in the Borough’s judgment, it is necessary to protect the plant and the environment when the harmful effects of new pollutants or increased amounts of existing pollutants are not well known, especially when the proposed influent loadings are substantially higher than the usual background levels and/or the discharge flow is higher or uneven throughout the day or has spikes or slug discharges. An existing permit can also be revoked and reissued as a conditional permit after a letter of violation and/or a notice that preventive action is required has been issued because of noncompliance or marginal compliance with permit requirements. Conditional permits are valid for a period of up to one year and will only be renewed (either as a conditional or a multiyear conventional permit) if there is satisfactory compliance with the requirements of the permit.

[Added 4-1-2013 by Ord. No. 1287]

(14)

Applicable slug control and slug discharges notification requirements.

[Added 4-1-2013 by Ord. No. 1287]

(15)

Applicable BMP requirements.

[Added 4-1-2013 by Ord. No. 1287]

(16)

Other conditions to ensure compliance with this article.

[Added 4-1-2013 by Ord. No. 1287]

Duration of permits. Permits shall be used for a specified time period, not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. Any permittee desiring to continue to discharge after the expiration date shall file an application for reissuance of the permit not less than 120 days prior to the expiration of the permit. The terms and conditions of the permit may be subject to modification and change by the Borough Manager during the life of the permit, as limitations or requirements as identified in § 210-26 are modified and changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

[Amended 4-1-2013 by Ord. No. 1287]

Subject to the general provisions on the duration of permits, it is the intention of this subsection that Level I and Level III permits shall have terms of up to five years and that Level II permits shall have terms of up to three years.

Wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.

Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.

Revocation of permit.

Any user who violates the following conditions of his permit or of this article, or of applicable state and federal regulations, is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:

Failure of a user to accurately report the wastewater constituents and characteristics of his discharge;

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

Violation of conditions of the permit;

Failure to meet effluent limitations, pay fines, pay sewer charges, meet compliance schedules, complete a wastewater survey or the wastewater discharger permit application, or provide advanced notice of the transfer of a permitted facility;

(f)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.

Procedure for revocation of permit. Whenever the Borough Manager or his designee finds that any person has violated or is violating this article, or any prohibition, limitation or requirement contained herein, and that person has an industrial discharge permit, the Borough Manager shall inform the user in writing of the violation(s) pursuant to the enforcement response guide prepared by the Borough. The user shall be informed of the time in which to make the necessary corrections. If the corrections are not made within the time allotted, then the Borough Manager may revoke the discharge permit. The revocation of industrial discharge permit by the Borough Manager may be appealed by written request to the Borough Council within 10 days after the permit has been revoked. Borough Council shall schedule a hearing thereon and determination the proprietary of the Borough Manager's decision for the revocation of said permit.

Permit appeals. Any person, including the industrial user, may petition the Borough to reconsider the terms of the wastewater discharge permit within 30 days of its issuance.

[Amended 4-1-2013 by Ord. No. 1287]

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

If the Borough fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decision not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Court of Common Pleas for Lehigh County within the time frame set forth by the Commonwealth of Pennsylvania for filing such appeals.

Wastewater discharge permit modification.

The Borough Manager may modify the wastewater discharge permit for good cause including, but not limited to, the following:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

To address significant alterations or additions to the industrial user's operation, processes or wastewater volume or character since the time of the wastewater discharge permit issuance.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the Borough's POTW, Borough personnel or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

(f)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

(g)

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR § 403.13.

(h)

To correct typographical or other errors in the wastewater discharge permit.

(i)

To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

(j)

New or increased POC discharges as prohibited slug discharges. When new or increased pollutant loadings, with or without an action level, substantially exceed the usual background levels and the effects on the plant and the Lehigh River are unknown, the Borough can temporarily or permanently classify them as prohibited slug discharges. The sewer user or qualified others must provide documentation to the Borough to demonstrate that the discharge is acceptable for release to the sewer. Proposals for flow equalization will be considered.

[Added 4-1-2013 by Ord. No. 1287]

The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.

§ 210-30 Enforcement; violations and penalties.

[Amended 6-3-1985 by Ord. No. 889; 1-9-1990 by Ord. No. 951; 11-6-1995 by Ord. No. 1044]

General enforcement procedures.

The Borough will prepare and adopt an enforcement response guide for the purpose of assisting in identifying industrial user noncompliance and responding with the appropriate enforcement measures. The enforcement response guide will be adopted by resolution of Borough Council and will be amended or modified from time to time by resolution of Council. Enforcement options available to the Borough include suspension of wastewater treatment service, revocation of industrial discharge permit, assessment of civil and/or criminal penalties, assessment of administrative fines and issuance of administrative orders and court action for injunctive relief.

Remedies nonexclusive. The provisions of this section are not exclusive remedies. The Borough of Catasauqua reserves the right to 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 reserves the right to take other action against any user when the circumstances warrant. Further, the Borough of Catasauqua is empowered to make more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

Annual publication of significant noncompliance. A list of industries which were in significant noncompliance and/or which were subject to enforcement proceedings during the previous calendar year shall be annually published by the Borough in a newspaper of general circulation that provides meaningful public notice within the service area.

[Amended 4-1-2013 by Ord. No. 1287]

Administrative enforcement remedies.

Whenever the Borough Manager finds that any user has violated or is violating this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Borough Manager or his agent may serve upon said user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Borough Manager. Submission of this plan in no way relieves the user of liability for any violations occurring before or receipt of the notice of violation. Nothing in this section shall limit the Borough of Catasauqua to take any action, including emergency actions or any other enforcement actions, without first issuing a notice of violation.

Consent orders. The Borough Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Subsections B(4) and (5), below, and shall be judicially enforceable.

Show cause hearing. The Borough Manager may order any user which causes to contributes to violation(s) of this article, wastewater discharge permit, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Borough Manager and show cause why a 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 this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 20 days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.

Compliance orders. When the Borough Manager finds out a user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, the Manager may issue an order to the user responsible for the discharge directing that the user come into compliance and setting forth a time frame to achieve compliance. If the user does not come into compliance within the required time frame, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. A compliance order may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirements, nor does a compliance order release the user of liability from any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.

Cease and desist. When the Borough Manager finds out the user is violating this article, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Borough Manger may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements.

Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.

Emergency suspensions. The Borough Manager may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary in order 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 Manager may also immediately suspend the user's discharge (after notice 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.

Any user notified of a suspension of its discharge immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Borough Manager shall 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 Manager shall 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 set forth in Subsection B(7) are initiated against the user.

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 Manager, prior to the date of any show cause or termination hearing under Subsection B(3) and Subsection B(7).

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Termination of discharge.

The provisions of § 210-29G of this article relating to revocation of permit for violation of certain conditions of this article, also apply to any user whether a permit holder or not. Any user that violates the conditions set forth in § 210-29G is subject to discharge termination.

Any such user will be notified of the proposed termination of its discharge and be offered an opportunity show cause under Subsection B(3) of this section why the proposed action should not be taken.

Judicial enforcement remedies.

Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this article, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Borough Manager may petition the Court of Common Pleas of Lehigh County through the Borough Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this article on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be brought by the Borough. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against the user.

Civil penalties. Civil penalties may be assessed against any user who violates any provision of this article including, but not limited to, any provision of the pretreatment permit issued under the provisions of this article. The civil penalty policy as set forth in Ordinance 1021 of the Borough of Catasauqua,[1] which ordinance is made a part hereof by reference, as if the same were fully set forth herein.

Editor's Note: See Art. IV of this chapter.

Criminal prosecution.

Any user that willfully or negligently violates any provision of this article, any orders or wastewater discharge permits issued hereunder or any other pretreatment requirements shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than 90 days, or both.

Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 and/or be subject to imprisonment for 90 days. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

Any user that knowingly makes any false statement or certification in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this article, wastewater discharge permit or order, 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 90 days.

In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than 90 days, or both.

Any person found guilty of violating an ordinance shall be assessed court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings.

[Added 4-1-2013 by Ord. No. 1288]

§ 210-31 Affirmative defenses to discharge violations.

[Amended 11-6-1995 by Ord. No. 1044]

Upset.

For the purpose of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond a reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation.

An upset shall constitute an affirmative defense to an action Borough for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3), are met.

An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:

An upset occurred and the industrial user can identify the cause(s) of the upset.

The facility was, at the time, being operated in a prudent and workmanlike manner and in compliance with the applicable operation and maintenance procedures.

The industrial user has submitted the following information to the POTW treatment operator within 24 hours of becoming aware of the upset, and if this information is provided orally, a written submission must be provided within five days:

A description of the indirect discharge and a cause of noncompliance.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

General/specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in § 210-26 of this article, if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to and during the pass through interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Borough was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

Definitions. As used in this section, the following terms shall have the meanings indicated:

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

SEVERE PROPERTY DAMAGE

Substantial physical damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Subsections C(3) and (4), below.

Notice.

If an industrial user knows in advance of the bypass, it shall submit prior notice to the POTW, at least 10 days before the date of the bypass, if possible.

An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within 24 hours from the time [he] becomes aware of that bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time [it] is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Prohibited bypass; exceptions.

Bypass is prohibited, and the POTW may take enforcement action against an industrial user for bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.

The industrial user submitted notices as required under Subsection C(3) of this section.

The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in Subsection C(4)(a) of this section.

§ 210-32 Pretreatment charges and fees.

[Amended 9-6-1994 by Ord. No. 1018; 11-6-1995 by Ord. No. 1044]

The Borough of Catasauqua may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the Borough's pretreatment program which may include:

Fees for wastewater permit applications including the cost of processing such application.

Fees for wastewater discharge permits, Level I, Level II and/or Level III.

Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing an industrial user's discharge and reviewing monitoring reports submitted by industrial users.

Fees for reviewing and responding to accidental discharge procedures and construction.

Fees or filing appeals.

Other fees as the Borough may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered in this article and are separate from all other fees, fines and penalties chargable by the Borough.

Said fees shall be calculated in accordance with the schedule of fees and charges as established by resolution of Borough Council,[1] and may be changed from time to time by resolution of Borough Council.