[Adopted 3-8-1993 as Ord. No. 1574[1]]
A.
This article sets forth uniform requirements for users
of the publicly owned treatment works operated by the Greater Greensburg
Sewage Authority and enables the Greater Greensburg Sewage Authority
to comply with all applicable state and federal laws, including the
Clean Water Act (33 U.S.C. § 1251 et seq.) and the General
Pretreatment Regulations (40 CFR 403). The objectives of this article
are:
(1)
To prevent the introduction of pollutants into the
publicly owned treatment works that will interfere with its operations.
(2)
To prevent the introduction of pollutants into the
publicly owned treatment works that will pass through the publicly
owned treatment works, inadequately treated, into receiving waters
or otherwise be incompatible with the publicly owned treatment works.
(3)
To protect both publicly owned treatment works personnel
who may be affected by wastewater and sludge in the course of their
employment and the general public.
(4)
To promote reuse and recycling of industrial wastewater
and sludge from the publicly owned treatment works.
(5)
To provide for fees for the equitable distribution
of the cost of operation, maintenance and improvement of the publicly
owned treatment works.
(6)
To enable the Greater Greensburg Sewage Authority
to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements and any other
federal or state laws to which the publicly owned treatment works
is subject.
B.
This article shall apply to all users of the publicly
owned treatment works. This article authorizes the issuance of wastewater
discharge permits, provides for monitoring, compliance and enforcement
activities, establishes administrative review procedures, requires
user reporting and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
Except as otherwise provided herein, the Manager
of the Greater Greensburg Sewage Authority shall administer, implement
and enforce the provisions of this article. Any powers granted to
or duties imposed upon the Manager may be delegated by the Manager
to other Greater Greensburg Sewage Authority personnel.
The following abbreviations, when used in this
article, shall have the designated meanings:
|
Abbreviation
|
Meaning
| |
|---|---|---|
|
BOD
|
Biochemical oxygen demand
| |
|
CFR
|
Code of Federal Regulations
| |
|
COD
|
Chemical oxygen demand
| |
|
EPA
|
United States Environmental Protection Agency
| |
|
gpd
|
Gallons per day
| |
|
lb/d
|
Pounds per day
[Added 5-14-2007 by Ord. No. 1950] | |
|
MAHL
|
Maximum allowable headworks loading
[Added 5-14-2007 by Ord. No. 1950] | |
|
mg/l
|
Milligrams per liter
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
POTW
|
Publicly owned treatment works
| |
|
RCRA
|
Resource Conservation and Recovery Act
| |
|
SIC
|
Standard industrial classification
| |
|
TSS
|
Total suspended solids
| |
|
U.S.C.
|
United States Code
|
Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Department of Environmental Resources of the Commonwealth
of Pennsylvania.
If the user is a corporation:
The President, Secretary, Treasurer or a Vice
President of the corporation in charge of a principal business function
or any other person who performs similar policy or decision-making
functions for the corporation; or
The manager of one (1) or more manufacturing,
production or operation facilities employing more than two hundred
fifty (250) persons or having gross annual sales or expenditures exceeding
twenty-five million dollars ($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 user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility or their designee.
The individuals described in Subsections A through C above may designate 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 matters for the company and the written authorization is submitted to the Greater Greensburg Sewage Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at twenty degrees centigrade (20º C.), usually expressed
as a concentration [e.g., milligrams per liter (mg/l)].
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act (33
U.S.C. § 1317), which apply to a specific category of users
and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through
471.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed Categorical
Pretreatment Standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
The introduction of pollutants into the POTW from any nondomestic
sources regulated under Section 307(b), (c) or (d) of the Act.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes or use of
disposal; and therefore, is a cause of a violation of Greater Greensburg
Sewage Authority's NPDES permit or of the prevention of sewage sludge
use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state
or local regulations: Section 405 of the Act; the Solid Waste Disposal
Act, including Title II, commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act.
The person designated by the Greater Greensburg Sewage Authority
to supervise the operation of the POTW, and who is charged with certain
duties and responsibilities by this article, or a duly authorized
representative.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Any building, structure, facility or installation
from which there is (or may be) a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act, which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant and
the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered.
Construction on a site at which an existing
source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility
or installation meeting the criteria of Subsection A(2) or (3) above,
but otherwise alters, replaces or adds to existing process or production
equipment.
Construction of a "new source," as defined under
this section, has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities, which is necessary for the placement, assembly or installation
of new source facilities or equipment.
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Greater Greensburg Sewage Authority's
NPDES permit, including an increase in the magnitude or duration of
a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. This definition includes all federal, state and local
governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes or by other means,
except by diluting the concentration of the pollutants, unless allowed
by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, Categorical Pretreatment
Standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 219-43 of this article.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Greater Greensburg
Sewage Authority. This definition includes any devices or systems
used in the collection, storage, treatment, recycling and reclamation
of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A user subject to Categorical Pretreatment Standards;
or
A user that:
Discharges an average of twenty-five thousand
(25,000) gallons per day or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes
up five percent (5%) or more of the average dry weather hydraulic
or organic capacity of the POTW treatment plant; or
Is designated as such by the Greater Greensburg
Sewage Authority on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Greater Greensburg Sewage Authority may, at anytime, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 219-43 of this article.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquid and which is
removable by laboratory filtering.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
A.
General prohibitions. No user shall introduce or cause
to be introduced into the POTW any pollutant or wastewater which causes
pass-through or interference. These general prohibitions apply to
all users of the POTW, whether or not they are subject to Categorical
Pretreatment Standards or any other national, state or local pretreatment
standards or requirements.
B.
Specific prohibitions. No user shall introduce or
cause to be introduced into the POTW the following pollutants, substances
or wastewater:
(1)
Pollutants which create a fire or explosive hazard
in the POTW, including but not limited to wastestreams with a closed-cup
flash point to less than one hundred forty degrees Fahrenheit (140º
F.) [sixty degrees centigrade (60º C.)], using the test methods
specified in 40 CFR 261.21.
(2)
Wastewater having a pH less than five point zero (5.0)
or otherwise causing corrosive structural damage to the POTW or equipment.
(3)
Solid or viscous substances in amounts which will
cause obstruction of the flow in the POTW resulting in interference.
(4)
Pollutants, including oxygen-demanding pollutants
(BOD, etc.), released in a discharge at a flow and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW.
(5)
Wastewater having a temperature which will inhibit
biological activity in the treatment plant resulting in interference,
but in no case wastewater which causes the temperature at the introduction
into the treatment plant to exceed one hundred four degrees Fahrenheit
(104º F.) [forty degrees centigrade (40º C.)].
(6)
Petroleum oil, nonbiodegradable cutting oil or products
of mineral oil origin in amounts that will cause interference or pass-through.
(7)
Pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(8)
Trucked or hauled pollutants, except at discharge points designated by the Manager in accordance with § 219-50 of this article.
(9)
Noxious or malodorous liquids, gas, solids or other
wastewater which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or a hazard to life or
to prevent entry into the sewers for maintenance or repair.
(10)
Wastewater which imparts color which cannot
be removed by the treatment process, such as but not limited to dye
wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the Greater
Greensburg Sewage Authority's NPDES permit.
(11)
Wastewater containing any radioactive wastes
or isotopes, except in compliance with applicable state or federal
regulations.
(12)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water and unpolluted
wastewater, unless specifically authorized by the Manager.
(13)
Sludges, screenings or other residues from the
pretreatment of industrial wastes.
(14)
Medical wastes, except as specifically authorized
by the Manager in a wastewater discharge permit.
(15)
Wastewater causing, alone or in conjunction
with other sources, the treatment plant's effluent to fail a toxicity
test.
(16)
Detergents, surface-active agents or other substances
which may cause excessive foaming in the POTW.
C.
Pollutants, substances or wastewater prohibited by
this section shall not be processed or stored in such a manner that
they could be discharge to the POTW.
[Added 7-10-1995 by Ord. No. 1661]
A.
Pollutant limits established.
(1)
The following pollutant limits are established
to protect against pass-through and interference. No person shall
discharge wastewater containing in excess of the following (twenty-four-hour
average discharge):
|
0.197
|
mg/l arsenic
| ||
|
0.0148
|
mg/l cadmium
| ||
|
1.9242
|
mg/l chromium
| ||
|
0.7559
|
mg/l copper
| ||
|
1.3434
|
mg/l cyanide
| ||
|
0.0319
|
mg/l lead
| ||
|
<0.0000
|
mg/l mercury
| ||
|
0.3583
|
mg/l nickel
| ||
|
0.1887
|
mg/l silver
| ||
|
0.4327
|
mg/l total phenols
| ||
|
1.5564
|
mg/l zinc
|
(2)
The above limits apply at the point where the
wastewater is discharged to the POTW. All concentrations for metallic
substances are for total metal unless indicated otherwise. The Authority
Manager may impose mass limitation in addition to, or in place of,
the concentration-based limitations above.
The Categorical Pretreatment Standards found
at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby
incorporated.
A.
Where a Categorical Pretreatment Standard is expressed
in terms of either the mass or the concentration of a pollutant in
wastewater, the Manager may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a Categorical Pretreatment
Standard is mixed with wastewater not regulated by the same standard,
the Manager shall impose an alternate limit using the combined wastestream
formula in 40 CFR 403.6(e).
C.
A user may obtain a variance from a Categorical Pretreatment
Standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the Categorical Pretreatment Standard.
D.
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
The city reserves the right to establish by
ordinance and Greater Greensburg Sewage Authority reserves the right
to establish by wastewater discharge permits more stringent standards
or requirements on discharges to the POTW.
No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Manager may impose mass
limitations on users who are using dilution to meet applicable pretreatment
standards or requirements or in other cases when the imposition of
mass limitations is appropriate.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all Categorical Pretreatment Standards, local limits and the prohibitions set out in § 219-43 of this article within the time limitations specified by the EPA, the state or the Manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Manager for review and shall be acceptable to the Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Greater Greensburg Sewage Authority under the provisions of this article.
A.
Whenever deemed necessary, the Manager may require
users to restrict their discharge during peak flow periods, designate
that certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams and such other conditions as may be necessary
to protect the POTW and determine the user's compliance with the requirements
of this article.
B.
The Manager may require any person discharging into
the POTW to install and maintain, on their property and at their expense,
a suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
C.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Manager, they are necessary for the proper
handling of wastewater containing excessive amounts of grease and
oil or sand, except that such interceptors shall not be required for
residential users. All interception units shall be of a type and capacity
approved by the Manager and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned and repaired regularly, as needed, by the user at their expense.
D.
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
At least once every two (2) years, the Manager
shall evaluate whether each significant industrial user needs an accidental
discharge/slug control plan. The Manager may require any user to develop,
submit for approval and implement such a plan. Alternatively, the
Manager may develop such a plan for any user. An accidental discharge/slug
control plan shall address, at a minimum, the following:
A.
A description of discharge practices, including nonroutine
batch discharges.
B.
A description of stored chemicals.
C.
Procedures for immediately notifying the Manager of any accidental or slug discharge, as required by § 219-71 of this article.
D.
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
A.
Septic tank waste may be introduced into the POTW only at locations designated by the Manger and at such times as are established by the Manager. Such waste shall not violate §§ 219-43 through 219-46 of this article or any other requirements established by the Greater Greensburg Sewage Authority. The Manager may require septic tank waste haulers to obtain wastewater discharge permits.
B.
The Manager shall require haulers of industrial waste
to obtain wastewater discharge permits. The Manager may require generators
of hauled industrial waste to obtain wastewater discharge permits.
The Manager also may prohibit the disposal of hauled industrial waste.
The discharge of hauled industrial waste is subject to all other requirements
of this article.
C.
Industrial waste haulers may discharge loads only
at locations designated by the Manager. No load may be discharged
without prior consent of the Manager. The Manager may collect samples
of each hauled load to ensure compliance with applicable standards.
The Manager may require the industrial waste hauler to provide a waste
analysis of any load prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
When requested by the Manager, a user must submit
information on the nature and characteristics of its wastewater with
thirty (30) days of the request. The Manager is authorized to prepare
a form for this purpose and may periodically require users to update
this information.
A.
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Manager, except that a significant industrial user that has filed a timely application pursuant to § 219-53 of this article may continue to discharge for the time period specified therein.
B.
The Manager may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this article.
C.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 219-83 through 219-98 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future shall, with sixty (60) days after said date, apply to the Manager for a wastewater discharge permit in accordance with § 219-55 of this article and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Manager.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 219-55 of this article, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence.
All users required to obtain a wastewater discharge
permit must submit a permit application. The Manager may require all
users to submit as part of an application the following information:
B.
A description of activities, facilities and plant
processes on the premises, including a list of all raw materials and
chemicals used or stored at the facility which are or could accidentally
or intentionally be discharged to the POTW.
C.
The number and type of employees, hours of operation
and proposed or actual hours of operation.
D.
Each product produced by type, amount, process or
processes and the rate of production.
E.
The type and amount of raw materials processed (average
and maximum per day).
F.
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, floor drains and appurtenances by
size, location and elevation and all points of discharge.
G.
The time and duration of discharges.
H.
Any other information as may be deemed necessary by
the Manager to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
All wastewater discharge permit applications
and user reports must be signed by an authorized representative of
the user and contain the following certification statement:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
|
The Manager will evaluate the data furnished
by the user and may require additional information. Within twenty
(20) days of receipt of a complete wastewater discharge permit application,
the Manager shall determine whether or not to issue a wastewater discharge
permit. The Manager may deny any application for a wastewater discharge
permit.
A wastewater discharge permit shall be issued
for a specific time period, not to exceed five (5) years from the
effective date of the permit. A wastewater discharge permit may be
issued for a period less than five (5) years, at the discretion of
the Manager. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the Manager
to prevent pass-through or interference, to protect the quality of
the water body receiving the treatment plant's effluent, to protect
worker health and safety, to facilitate sludge management and disposal
and to protect against damage to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit
duration, which in no event shall exceed two (2) years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Greater Greensburg Sewage Authority in accordance with § 219-62 of this article and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permits.
(3)
Effluent limits based on applicable pretreatment standards.
(4)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type based on federal, state and local law.
(5)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements and any applicable
compliance schedule. Such schedule may not extend the time for compliance
beyond that required by applicable federal, state or local law.
B.
Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge,
time of discharge and/or requirements for flow regulations and equalization.
(2)
Requirements for the installation of pretreatment
technology, pollution control or construction of appropriate containment
devices designed to reduce, eliminate or prevent the introduction
of pollutants into the treatment works.
(3)
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges.
(4)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW.
(5)
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(7)
A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
(8)
Other conditions as deemed appropriate by the Manager
to ensure compliance with this article and state and federal laws,
rules and regulations.
The Manager shall provide public notice of the
issuance of a wastewater discharge permit. Any person, including the
user, may petition the Manager to reconsider the terms of a wastewater
discharge permit with ten (10) days of notice of its issuance.
A.
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
C.
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
D.
If the Manager fails to act within ten (10) days,
a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
E.
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas for Westmoreland
County, Pennsylvania, within thirty (30) days.
The Manager may modify a wastewater discharge
permit for good cause, including but not limited to the following
reasons:
A.
To incorporate any new or revised federal, state or
local pretreatment standards or requirements.
B.
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge
poses a threat to the Greater Greensburg Sewage Authority's POTW,
personnel of the city or the Greater Greensburg Sewage Authority or
the receiving water.
E.
Violation of any terms or conditions of the wastewater
discharge permit.
F.
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting.
G.
Revision of or a grant of variance from Categorical
Pretreatment Standards pursuant to 40 CFR 403.13.
H.
To correct typographical or other errors in the wastewater
discharge permit.
I.
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
A.
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least thirty
(30) days' advance notice to the Manager and the Manager approves
the wastewater discharge permit transfer. The notice to the Manager
must include a written certification by the new owner or operator
which:
B.
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
A.
The Manager may revoke a wastewater discharge permit
for good cause, including but not limited to the following reasons:
(1)
Failure to notify the Manager of significant changes
to the wastewater prior to the changed discharge.
(2)
Failure to provide prior notification to the Manager of changed conditions pursuant to § 219-70 of this article.
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the Manager timely access to the
facility premises and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines.
(9)
Failure to pay sewer charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the
wastewater discharge permit application.
(12)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility.
(13)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this article.
B.
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 219-55 of this article, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit.
It is the intention of the City of Greensburg
to enter into an intermunicipal agreement with the Borough of South
Greensburg, the Borough of Southwest Greensburg and Hempfield Township
and the Hempfield Township Municipal Authority and the Greater Greensburg
Sewage Authority for the proper regulation and enforcement of discharges
to the POTW of the Greater Greensburg Sewage Authority.
A.
Within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Manager a report which contains the information listed in Subsection B below. At least ninety (90) days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Manager a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information
set forth below.
(1)
Identifying information. The name and address of the
facility, including the name of the operator and owner.
(2)
Environmental permits. A list of any environmental
control permits held by or for the facility.
(3)
Description of operation. A brief description of the
nature, average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(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 wastestream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants.
(a)
The Categorical Pretreatment Standards applicable
to each regulated process.
(b)
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Manager, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 219-75 of this article.
(6)
Certification. A statement, reviewed by the user's
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section§ 219-67 of this article.
The following conditions shall apply to the
compliance schedule required by § 219-66B(7) of this article:
A.
The schedule shall contain progress increments in
the form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction and beginning and
conducting routine operation).
B.
No increment referred to above shall exceed nine (9)
months.
C.
The user shall submit a progress report to the Manager
no later than fourteen (14) days following each date in the schedule
and the final date of compliance, including, as a minimum, whether
or not it complied with the increment of progress, the reason for
any delay and, if appropriate, the steps being taken by the user to
return to the established schedule.
D.
In no event shall more than nine (9) months elapse
between such progress reports to the Manager.
Within ninety (90) days following the date for final compliance with applicable Categorical Pretreatment Standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Manager a report containing the information described in § 219-66B(4) through (6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 219-56 of this article.
A.
All significant industrial users shall, at a frequency determined by the 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 pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified in accordance with § 219-56 of this article.
B.
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean and maintained in good working
order at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
Each user must notify the Manager of any planned
significant changes to the user's operations or system which might
alter the nature, quality or volume of its wastewater at least thirty
(30) days before the change.
A.
The Manager may require the user to submit such information as may be deemed necessary to evaluate the change condition, including the submission of a wastewater discharge permit application under § 219-55 of this article.
C.
For purposes of this requirement, significant changes
include, but are not limited to, flow increases of twenty percent
(20%) or greater and the discharge of any previously unreported pollutants.
A.
In the case of any discharge, including but not limited
to accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the Manager of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
B.
Within five (5) days following such discharge, the
user shall, unless waived by the Manager, submit a detailed written
report describing the cause(s) of the discharge and the measures to
be taken by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, natural resources
or any other damage to person or property, nor shall such notification
relieve the user of any fines, penalties or other liability which
may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the Manager
as the Manager may require.
If sampling performed by a user indicates a
violation, the user must notify the Manager within twenty-four (24)
hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the Manager within thirty (30) days after becoming aware of the
violation. The user is not required to resample if the Manager monitors
at the user's facility at least once a month or if the Manager samples
between the user's initial sampling and when the user receives the
results of this sampling.
A.
Any 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 a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent that such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream expected to be discharge during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under § 219-70 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to Categorical Pretreatment Standards under the self-monitoring requirements of §§ 219-66, 219-68 and 219-69 of this article.
B.
Discharges are exempt from the requirements of Subsection A above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under Section 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Manager, the EPA Regional Waste Management Waste Division
Director and state hazardous waste authorities of the discharge of
such substance within ninety (90) days of the effective date of such
regulations.
D.
In the case of any notification made under this section,
the 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.
E.
This provision does not create a right to discharge
any substance not otherwise permitted to be discharged by this article,
a permit issued thereunder or any applicable federal or state law.
All pollutant analyses, including sampling techniques,
to be submitted as part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR 136, unless otherwise specified in an applicable Categorical
Pretreatment Standard. If 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by the EPA.
A.
Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Manager may authorize the use of time-proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides and volatile organic compounds must be obtained
using grab collection techniques.
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
Users subject to the reporting requirements
of this article shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of
information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. Records shall include
the date, exact place, method and time of sampling and the name of
the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available
for a period of at least three (3) years. This period shall be automatically
extended for the duration of any litigation concerning the user or
the Greater Greensburg Sewage Authority or where the user has been
specifically notified of a longer retention period by the Manager.
The Manager shall have the right to enter the
premises of any user to determine whether the user is complying with
all requirements of this article and any wastewater discharge permit
or order issued hereunder. Users shall allow the Manager ready access
to all parts of the premises for the purposes of inspection, sampling,
records examination and copy and the performance of any additional
duties.
A.
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
Manager will be permitted to enter without delay for the purposes
of performing specific responsibilities.
B.
The Manager shall have the right to set up on the
user's property or require installation of such devices as are necessary
to conduct sampling and/or metering of the user's operations.
C.
The Manager may require the user to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated at least every six (6) months
to ensure their accuracy.
D.
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or samples shall be
promptly removed by the user at the written or verbal request of the
Manager and shall not be replaced. The costs of clearing such access
shall be born by the user.
E.
Unreasonable delays in allowing the Manager access
to the user's premises shall be a violation of this article.
If the Manager has been refused access to a
building, structure or property or any part thereof and is able to
demonstrate probable cause to believe that there may be a violation
of this article or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the Greater Greensburg
Sewage Authority designed to verify compliance with this article or
any permit or order issued hereunder or to protect the overall public
health, safety and welfare of the community, then the Manager may
seek issuance of a search warrant from the Justice of the Peace having
jurisdiction of the City of Greensburg or from the Court of Common
Pleas of Westmoreland County, Pennsylvania.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs and the Manager's inspection
and sampling activities shall be available to the public without restriction,
unless the user specifically requests and is able to demonstrate to
the satisfaction of the Manager that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data,
as defined by 40 CFR 2.302, will not be recognized as confidential
information and will be available to the public without restriction.
The Manager shall publish annually in the largest
daily newspaper published in the municipality where the POTW is located
a list of the users which, during the previous twelve (12) months,
were in significant noncompliance with applicable pretreatment standards
and requirements. The term "significant noncompliance" shall mean:
A.
Chronic violations of wastewater discharge limits,
defined here as those in which sixty-six percent (66%) or more of
wastewater measurements taken during a six-month period exceed the
daily maximum limit or average limit for the same pollutant parameter
by any amount;
B.
Technical review criteria (TRC) violations, defined
here as those in which thirty-three percent (33%) or more of wastewater
measurements taken for each pollutant parameter during a six-month
period equals or exceeds the product of the daily maximum limit or
the average limit multiplied by the applicable criteria [one and fourth-tenths
(1.4) for BOD, TSS, fats, oils and grease and one and two-tenths (1.2)
for all other pollutants except pH];
C.
Any other discharge violation that the Manager believes
has caused, along or in combination with other discharges, interference
or pass-through, including endangering the health of POTW personnel
or the general public;
D.
Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment or has resulted in
the Manager's exercise of his emergency authority to halt or prevent
such a discharge;
E.
Failure to meet, within ninety (90) days of the scheduled
date, a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction or attaining final compliance;
F.
Failure to provide, within thirty (30) days after
the due date, any required reports, including baseline monitoring
reports, reports on compliance with Categorical Pretreatment Standard
deadlines, periodic self-monitoring reports and reports on compliance
with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which the Manager determines
will adversely affect the operation or implementation of the local
pretreatment program.
When the Manager finds that a user has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Manager may service upon that user a
written notice of violation. Within three (3) 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 Manager. Submission
of this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this section shall limit the authority of the Manager to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
The Manager may enter into consent orders, assurances
of voluntary compliance or other similar documents establishing an
agreement with any user responsible for noncompliance. Such documents
will include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative
orders issued pursuant to §§ 219-86 and 219-87 of this
article and shall be judicially enforceable.
The Manager may order a user which has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement to appear before the Manager and show cause
why the proposed enforcement action should not be taken. Notice shall
be served on the user specifying the time and place for the meeting,
the proposed enforcement action, the reasons for such action and a
request that the user show cause why the proposed enforcement action
should not be taken. The notice of the meeting shall be served personally
or by registered or certified mail (return receipt requested) at least
five (5) days prior to the hearing. Such notice may be served on any
authorized representative of the user. A show cause hearing shall
not be a bar against or prerequisite for taking any other action against
the user.
When the Manager finds that a user has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Manager may issue an order to the user
responsible for the discharge directing that the user come into compliance
within a specified time. If the user does not come into compliance
within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices or other related appurtenances
are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against or a prerequisite
for taking any other action against the user.
A.
When the Manager finds that a user has violated or
continues to violate any provision of this article, a wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement or that the user's past violations are likely to recur,
the Manager may issue an order to the user directing it to cease and
desist all such violations and directing the user to:
B.
Issuance of a cease and desist order shall not be
a bar against or a prerequisite for taking any other action against
the user.
A.
When the Manager finds that a user has violated or
continues to violate any provision of this article, a wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement, the Manager may fine such user in an amount not to
exceed twenty-five thousand dollars ($25,000.). Such fines shall be
assessed on a per violation, per day basis. In the case of monthly
or other long-term average discharge limits, fines shall be assessed
for each day during the period of violation.
B.
Unpaid charges, fines and penalties shall, after thirty
(30) calendar days, be assessed an additional penalty of five percent
(5%) of the unpaid balance, and interest shall accrue thereafter at
a rate of one percent (1%) per month. A lien against the user's property
will be sought for unpaid charges, fines and penalties.
C.
Users desiring to dispute such fines must file a written
request for the Manager to reconsider the fine along with full payment
of the fine amount within ten (10) days of being notified of the fine.
Where a request has merit, the Manager may convene a hearing on the
matter. In the event that the user's appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to
the user. The Manager may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
D.
Issuance of an administrative fine shall not be a
bar against or a prerequisite for taking any other action against
the user.
A.
The Manager may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Manager may also immediately suspend
a user's health or welfare of persons. The Manager may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW or which
presents or may present an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge
shall immediately stop or eliminate its contribution. In the event
of a user's failure to immediately comply voluntarily with the suspension
order, the Manager may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the POTW or its receiving stream or endangerment to any
individuals. The Manager may allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the Manager
that the period of endangerment has passed, unless the termination
proceedings in § 219-90 of this article are initiated against
the user.
(2)
A user that is responsible, in whole or in part, for
any discharge presenting imminent endangerment shall submit a detailed
written statement describing the cause of the harmful contribution
and the measures taken to prevent any future occurrence to the Manager
prior to the date of any show cause or termination hearing under § 219-85
or 219-90 of this article.
B.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions in § 219-63 of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions.
(2)
Failure to accurately report the wastewater constituents
and characteristics of its discharge.
(3)
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge.
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling.
B.
Such user will be notified of the proposed termination
of its discharge and be offered an opportunity to show cause under
§ 219-85 of this article why the proposed action should
not be taken. Exercise of this option by the Manager shall not be
a bar to or a prerequisite for taking any other action against the
user.
When the Manager finds that a user has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Manager may petition the Court of Common
Pleas of Westmoreland County, Pennsylvania, through the Solicitor
of the Greater Greensburg Sewage Authority, 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 user. The Manager may also seek such other action as is appropriate
for legal and/or equitable relief, including a requirement for the
user to conduct environmental remediation. A petition for injunction
relief shall not be a bar against or a prerequisite for taking any
other action against a user.
A.
A user who has violated or continues to violate any
provisions of this article, a wastewater discharge permit or order
issued hereunder or any other pretreatment standard or requirement
may be liable to the Greater Greensburg Sewage Authority for a maximum
civil penalty of twenty-five thousand dollars ($25,000.) for violation,
per day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation.
B.
The Manager may recover reasonable attorney's fees,
court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the Greater Greensburg Sewage Authority.
C.
In determining the amount of civil liability, the
Court shall take into account all relevant circumstances, including
but not limited to the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the
compliance history of the user and any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar
against or a prerequisite for taking any other action against a user.
A.
A user who willfully or negligently violates any provision
of this article, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
twenty-five thousand dollars ($25,000.) per violation, per day, or
imprisonment for not more than two (2) years, or both.
B.
A user who willfully or negligently introduces any
substance into the POTW which causes personal injury or property damage
shall, upon conviction, be guilty of a misdemeanor and be subject
to a penalty of not more than five thousand dollars ($5,000.) or be
subject to imprisonment for not more than one (1) year, or both. This
penalty shall be in addition to any other cause of action for personal
injury or property damage available under state law.
C.
A user who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
documentation filed or required to be maintained pursuant to this
article, a wastewater discharge permit or order issued hereunder or
who falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article shall, upon conviction,
be punished by a fine of not more than three hundred dollars ($300.)
per violation, per day.
D.
In the event of a second conviction, a user shall
be punished by a fine or imprisonment up to the maximum allowable
by the laws of the Commonwealth of Pennsylvania based on the sentencing
guidelines adopted by the Commonwealth of Pennsylvania.
The remedies provided for in this article are
not exclusive. The Manager may take any, all or any combination of
these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the Greater Greensburg
Sewage Authority's enforcement response plan. However, the Manager
may take other action against any user when the circumstances warrant.
Further, the Manager is empowered to take more than one (1) enforcement
action against any noncompliant user.
The Manager may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this article, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the Greater Greensburg Sewage Authority, in a sum not to
exceed a value determined by the Manager to be necessary to achieve
consistent compliance.
The Manager may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this article, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
Whenever a user has violated or continues to
violate any provision of this article, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
A violation of any provision of this article,
a wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the Manager. Any person(s)
creating a public nuisance shall be subject to the provisions of the
laws of the Commonwealth of Pennsylvania governing such nuisances.
A.
Upset.
(1)
For the purposes of this section, "upset" means an
exceptional incident in which there is unintentional and temporary
noncompliance with Categorical Pretreatment Standards because of factors
beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of Subsection C(3), below are met.
(3)
A user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs or other relevant evidence, that:
(a)
An upset occurred and the user can identify
the cause(s) of the upset.
(b)
The facility was at the time being operated
in a prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures.
(c)
The user has submitted the following information
to the Manager within twenty-four (24) hours of becoming aware of
the upset [if this information is provided orally, a written submission
must be provided within five (5) days]:
[1]
A description of the indirect discharge and
cause of noncompliance.
[2]
The period of noncompliance, including exact
dates and times, or, if not corrected, the anticipated time the noncompliance
is expected to continue.
[3]
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to
establish the occurrence of any upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with Categorical Pretreatment Standards.
(6)
Users shall control production of all discharges to
the extent necessary to maintain compliance with Categorical Pretreatment
Standards upon reduction, loss or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost or fails.
B.
Prohibited discharge standards. A user shall have
an affirmative defense to an enforcement action brought against it
for noncompliance with the general prohibitions in § 219-43A
of this article or the specific prohibitions in § 219-43B(3)
through (16) 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:
(1)
A local limit exists for each pollutant discharged,
and the user was in compliance with each limit directly prior to and
during the pass-through or interference; or
(2)
No local limit exists, but the discharge did not change
substantially in nature or constituents from the user's prior discharge
when the Greater Greensburg Sewage Authority was regularly in compliance
with its NPDES permit and, in the case of interference, was in compliance
with applicable sludge use or disposal requirements.
C.
Bypass.
(1)
BYPASS
SEVERE PROPERTY DAMAGE
For the purposes of this subsection, the following
terms shall have the meanings indicated:
The intentional diversion of wastestreams from any portion
of a user's treatment facility.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable or substantial and
permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. "Severe property damage" does
not mean economic loss caused by delays in production.
(3)
Notice of bypasses.
(a)
If a user knows in advance of the need for a
bypass, it shall submit prior notice to the Manager, at least ten
(10) days before the date of the bypass, if possible.
(b)
A user shall submit oral notice to the Manager
of an unanticipated bypass that exceeds applicable pretreatment standards
within twenty-four (24) hours from the time it becomes aware of the
bypass. A written submission shall also be provided within five (5)
days of the time the user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass. The Manager may waive the written report
on a case-by-case basis if the oral report has been received within
twenty-four (24) hours.
(4)
Bypass is prohibited, and the Manager may take an enforcement action against a user for a bypass, unless bypass was unavoidable to prevent loss of life, personal injury or severe property damage and there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and the user submitted notices as required under Subsection C(3) of this section. The Manager may approve an anticipated bypass, after considering its adverse effects, if the Manager determines that it will meet the three (3) conditions listed in the first sentence of this subsection.
The Greater Greensburg Sewage Authority may
adopt reasonable fees for reimbursement of costs of setting up and
operating the Greater Greensburg Sewage Authority's pretreatment program,
which may include:
A.
Fees for wastewater discharge permit applications,
including the cost of processing such applications.
B.
Fees for monitoring, inspection and surveillance procedures,
including the cost of collection and analyzing a user's discharge
and reviewing monitoring reports submitted by users.
C.
Fees for reviewing and responding to accidental discharge
procedures and construction.
D.
Fees for filing appeals.
E.
Other fees as the Greater Greensburg Sewage Authority
may deem necessary to carry out the requirements contained herein.
These fees are related solely to the matters covered by this article
and are separate from all other fees, fines and penalties chargeable
by the Greater Greensburg Sewage Authority.
