[Adopted 11-27-1995 by Ord. No. 95-6]
A.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into any
wastewater collection and treatment system (sewer system) serving
Hilltown Township (Township) that will interfere with the operation,
contaminate the biosolids generated at a POTW, or will otherwise be
incompatible with the sewer system;
(2)
To prevent the introduction of pollutants into any
sewer system serving the Township that will be inadequately treated
and thus will pass-through the sewer system into the receiving waters
or the atmosphere;
(3)
To protect the environment, the general public, the
Township and any POTW personnel against the hazards associated with
discharges of toxic or otherwise incompatible pollutants into the
sewer system;
(4)
To improve the opportunity to recycle and reclaim
industrial wastewaters and biosolids from the sewer system;
(5)
To provide for equitable distribution of the cost
for the development and implementation of a POTW’s industrial
pre-treatment program, and other improvements to the sewer system;
(6)
To help assure compliance with a POTW’s National
Pollutant Discharge Elimination System (NPDES) permit, biosolids use
and disposal requirements, the Clean Water Act, the General Pretreatment
Regulations, and any other state or federal laws with which the Township
or a POTW must comply.
B.
Except as otherwise provided herein, the provisions
of this article will be implemented and enforced by the Township and
the appropriate POTW officials through issuance of Wastewater Contribution
Permits to those industrial/commercial users meeting the EPA’s
definition of a significant industrial user (SIU); through monitoring,
reporting, and enforcement of the article with these significant industrial
users and all other users. This article also assumes that the capacity
of the sewer system allocated to existing customers will not be preempted,
and provides for the setting of fees for the equitable distribution
of costs resulting from development and implementation of the program
established herein.
Unless the context specifically indicates 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 United States Environmental Protection Agency (EPA).
[Amended 11-26-2012 by Ord. No. 2012-3]
A principal executive officer of at least the level of vice
president, if the user is a corporation;
A general partner or proprietor, if the user is a partnership
or proprietorship, respectively;
A director or highest official appointed or designated to oversee
operations and performance, if the user is a federal, state or local
governmental facility;
The manager of one or more manufacturing, production or operating
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations; and initiate and direct other comprehensive measures
to ensure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
A duly authorized representative of the individual identified
in A through D above, if such representative is responsible for the
overall operation of the facilities from which the indirect discharge
originates and a written request for designation of an alternate representative
is approved by the POTW.
If the user is a corporation, a responsible
corporate officer is:
A 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; or
The plant manager of one or more manufacturing,
production, or operation facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25,000,000
(in second-quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the plant 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 local, state, or federal governmental
agency: a director or highest appointed official designated to oversee
the operation and performance activities of the facility, or their
designee.
The authorization specifies either an individual
or a position having overall responsibility for the operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and
The written authorization is submitted to the
Township.
Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 124-8 of this chapter. 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 11-26-2012 by Ord.
No. 2012-3]
The quantity of oxygen consumed in the biochemical oxidation
of organic matter under the standard five-day laboratory procedure,
at 20° Celsius, expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
Any regulation containing pollutant discharge limitations
promulgated by the EPA in accordance with Sections 307(b) and (c)
of the Act and appearing in 40 CFR Chapter I, Subchapter N, Parts
401-471.
A pollutant for which any POTW was specifically designed
to treat and remove such as biochemical oxygen demand (BOD5), total suspended solids (TSS), ammonia nitrogen (NH3-N), total phosphorus (P), and to a lesser degree oil
and grease.
The manager or any other authorized official of any POTW
having an approved pre-treatment program under the provisions of 40
CFR 403.11.
The Pennsylvania Department of Environmental Protection,
or, where appropriate, the term may also be used as a designation
for the Secretary or other duly authorized official of said agency.
A plan developed by a POTW which details the responses that
will be taken by the POTW for various violations of this article,
a categorical pre-treatment standard, or any other pre-treatment requirement.
The ERP is a supplement to this article and is available through the
Township or POTW.
The U.S. Environmental Protection Agency, or, where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
Any source of wastewater into any sewer system within the
Township which has the following typical wastewater characteristics:
|
Flow
|
275 gpd
|
|---|---|
|
Ammonia-nitrogen, as N (NH3-N)
|
25 mg/l
|
|
Biochemical oxygen demand (BOD5)
|
250 mg/l
|
|
Phosphorous, as P
|
10 mg/l
|
|
Total suspended solids (TSS)
|
250 mg/l
|
|
Total Kjeldahl nitrogen (TKN)
|
40 mg/l
|
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
standards, which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
[Amended 11-26-2012 by Ord. No. 2012-3]
A sample that is taken from a waste stream on a one-time
basis over a period of time not to exceed 15 minutes, with no regard
to the flow in the waste stream. To fulfill EPA’s General Pretreatment
Regulations, all grab samples taken pursuant to this article shall
consist of a minimum of four samples taken individually and flow composited
in the laboratory, or analyzed separately and averaged.
The discharge or the introduction of nondomestic pollutants
into the sewer system, including holding tank waste discharged into
the system as outlined in 40 CFR 403.31 (g) and Sections 307(b), (c),
and (d) of the Act.
Any nondomestic source of indirect discharge to any sewer
system serving the Township.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the sewer system
treatment processes, operations, or its biosolids processes, use or
disposal; and therefore is a cause of a violation of any requirement
of a POTW NPDES permit. The term includes prevention of biosolids
use, processing, and disposal by the receiving treatment facility
in accordance with Section 405 of the Act (33 U.S.C. § 1345)
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic
Substances Control Act, or more stringent state criteria, including
those contained in any state biosolids management plan prepared pursuant
to Title IV of SWDA and applicable to the method of disposal or use
employed by the receiving treatment facility.
The person designated by any POTW to supervise the overall
operation of the treatment system and who is charged with certain
duties and responsibilities by this article, or his duly authorized
representative.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
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 pre-treatment 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:
[Amended 11-26-2012 by Ord. No. 2012-3]
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 replaced
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.
Water used for cooling purposes which does not come into
direct contact with any raw material, intermediate product, waste
product, or finished product.
A discharge that 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 POTW’s NPDES permit (including
an increase in the magnitude or duration of a violation).
A measure of the acidity or alkalinity of a solution expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, biosolids, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharge into any sewer system serving the Township.
The reduction of the quantity of pollutants, the elimination
of pollutants, the alteration of the nature of pollutants, or the
alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to, or in lieu of, discharging or otherwise
introducing such pollutants into any sewer system serving the Township.
The reduction or alteration can be obtained by physical, chemical,
or biological processes, or by process changes, or by other means,
except as prohibited by CFR Section 403.6(d).
Any substantive or procedural requirement related to pre-treatment
including those promulgated by the EPA under the Act, and those established
by any POTW.
Any prohibited discharge standards, categorical pre-treatment
standards, or local limits.
A treatment works (serving the Township, such as the Pennridge
Wastewater Treatment Authority plant and the Telford Borough Authority
plant) as defined by Section 212 of the Act (33 U.S.C. § 1292).
This definition includes any sewers that convey wastewater to a POTW
plant, but does not include pipes, sewers, or other conveyances not
connected to a facility providing treatment.
Any nondomestic user of any sewer system serving the Township
who:
Is subject to categorical pre-treatment standards;
Discharges an average of 25,000 gallons per
day process wastewater to any sewer system serving the Township;
Contributes a process waste stream that makes
up 5% or more of the average dry weather hydraulic or organic capacity
of a POTW;
Is designated as such by the Township on the
basis that the user has a reasonable potential for adversely affecting
the operation of any POTW, the quality of the biosolids generated
at any POTW, or for violating any pre-treatment standard or requirement.
A permit issued by any POTW to an industrial/commercial user in accordance with § 124-10D of this article.
An industrial user or user is in significant noncompliance
if its violation meets one or more of the specific criteria set forth
in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user
is in significant noncompliance if its violations meet one or more
of the following criteria:
[Amended 11-26-2012 by Ord. No. 2012-3]
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pre-treatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
pollutant parameter during a six-month period equals or exceeds the
product of the numeric pre-treatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
Any other violation of a pre-treatment standard or requirement
as defined by 40 CFR 403.3(1) (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 municipal personnel or
the general public);
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment, or has resulted
in the POTW's exercise of its emergency authority to halt or prevent
such a discharge;
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a Wastewater Contribution Permit or
enforcement order for starting construction, completing construction,
or attaining final compliance;
Failure to provide within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pre-treatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation(s), which may include violation of Best
Management Practices, which the POTW determines will adversely affect
the operation or implementation of the local pre-treatment program.
All significant industrial users are required to submit to the appropriate POTW a slug control plan that meets the criteria set forth in § 124-8F of this article.
Any pollutant released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) or § 124-8 of this chapter and/or any discharge of non-routine nature, episodic nature, including, but not limited to, accidental spills or noncustomary batch discharges, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's prohibited discharge standards, local limits, NPDES permit conditions or any other condition of its rules and regulations.
[Amended 11-26-2012 by Ord. No. 2012-3]
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
The total suspended matter that floats on the surface or
is suspended in water, wastewater, or other liquids, and which is
measured by laboratory filtering.
Township of Hilltown, a municipal corporation located in
Bucks County, Pennsylvania.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
Clean Water Act, or other acts promulgated by the federal or state
governments.
Any person who contributes, causes, or permits the contribution
of wastewater into any sewer system serving the Township.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the sewer system.
All collection and transportation lines and/or facilities
of the Hilltown Township Water and Sewer Authority, Telford Borough
Authority, Perkasie Borough Authority and/or any other duly authorized
provider of sewer service located within the geographic boundaries
of Hilltown Township.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
The following abbreviations shall have the designated
meanings:
|
BOD5
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
CWA
|
Clean Water Act
|
|
DEP
|
Department of Environmental Protection
|
|
EPA
|
U.S. Environmental Protection Agency
|
|
mg/l
|
Milligrams per liter
|
|
NH3-N
|
Ammonia nitrogen, as N
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
O&M
|
Operation & maintenance
|
|
POTW
|
Publicly owned treatment works
|
|
PWTA
|
Pennridge Wastewater Treatment Authority
|
|
SIC
|
Standard industrial classification
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
|
TKN
|
Total Kjeldahl nitrogen
|
|
TSS
|
Total suspended solids
|
|
U.S.C.
|
United States Code
|
A.
General.
(1)
No user or significant industrial user may contribute
or cause to be contributed, directly or indirectly, any pollutant
or wastewater that will cause a pass-through or interference in any
sewer system serving the Township, will create a hazard to the environment,
the general public, any POTW or Township personnel, or will cause
any POTW to violate any general pre-treatment regulation, NPDES permit
or biosolids requirement. These general prohibitions apply to all
such users of a sewer system, whether or not the user is subject to
National Categorical Pretreatment Standards or any other national,
state, or local pre-treatment standards for requirements.
(2)
A user or significant industrial user may not contribute
the following substances to any sewer system serving the Township:
(a)
Any liquids, solids, or gases that 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 sewer system or will disrupt
the operation of the sewer system. At no time shall two successive
readings on an explosion hazard meter at the point of discharge into
the system (or at any point in the system) be more than 5%, nor any
single reading over 10% of the lower explosive limit (LEL). Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, hydrides, sulfides,
aldehydes, peroxides, chlorates, perchlorates, bromates and carbates,
and any other substance that presents a fire hazard or other hazard
to the sewer system, including any material or waste stream exhibiting
a closed cup flashpoint of less than 140° Fahrenheit (i.e., waste
streams whose vapors ignite or burn at temperatures below 140°
Fahrenheit).
(b)
Solid or viscous substances (which may cause
obstruction to the flow in a sewer system, cause interference with
the operation of the wastewater treatment facilities or cause pass-through
at any POTW) such as, but not limited to, grease, garbage with particles
greater than 1/2 inch in any dimension, animal guts or tissues, paunch
manure, bones, hair, hides, 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, plastics, gas, tar, asphalt residues, mud, glass
grinding, polishing wastes, petroleum oil, and nonbiodegradable cutting
oil or mineral oil products.
(c)
Any wastewater having a pH less than 5.0 or
greater than 9.0 standard units, or wastewater having any other corrosive
property capable of causing damage or hazard to structures, equipment,
and/or personnel of the sewer system or POTW.
(d)
Any wastewater containing toxic pollutants in
sufficient quantity, either alone or in conjunction with other pollutants,
that will cause a pass-through or interference in any sewer system
serving the Township, will create a hazard to the environment, the
general public, Township or any POTW personnel, or will cause any
POTW to violate any general pre-treatment regulation, NPDES permit
or biosolids requirement. These general prohibitions apply to all
such users of a sewer system, whether or not the user is subject to
National Categorical Pretreatment Standards or any other national,
state, or local pre-treatment standards or requirements. A toxic pollutant
shall include, but not be limited to, any pollutant identified pursuant
to Section 307(a) of the Act.
(e)
Any noxious or malodorous, liquids, gases, vapors,
solids, or fumes that either alone or in conjunction with other wastes
are sufficient to create a public nuisance or hazard to life, cause
health and safety problems, or are sufficient to prevent entry into
the sewers for maintenance and repair.
(f)
Any substance that may cause any POTW’s
effluent or any other product of any sewer system serving the Township
such as residues, biosolids, or scums to be unsuitable for reclamation
and reuse, or which will interfere with the reclamation process. In
no case shall a substance discharged to any sewer system serving the
Township cause any POTW to be in noncompliance with its biosolids
use or disposal criteria, guidelines, or regulations developed under
Section 405 of the Act; or developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substance Control Act, or state
criteria applicable to the biosolids management method being used.
(g)
Any substance that will cause any POTW to violate
its NPDES permit or the receiving stream water quality standards.
(h)
Any wastewater with objectionable color not
removed in the treatment process such as, but not limited to, dye
wastes and vegetable tanning solutions.
(i)
Any wastewater having a temperature that will
inhibit biological activity in the sewer system or POTW resulting
in interference, but in no case wastewater with a temperature at the
introduction into the sewer system that will result in a POTW influent
flow exhibiting a temperature which exceeds 40° C. (104° F.).
(j)
Any pollutants, including oxygen demanding pollutants
(BOD, COD, etc.), released at a flow rate and/or pollutant concentrations
that cause interference to the sewer system. In no case shall wastewater
be discharged at a flow rate or containing 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 of that particular industry.
(k)
Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limits
established by any POTW in compliance with applicable state or federal
regulations.
(l)
Any wastewater that causes a hazard to human
life or creates a public nuisance.
(m)
Stormwater, groundwater, roof runoff, subsurface
drainage, or cooling water.
(n)
Trucked or hauled wastes except at a point of
discharge indicated by the POTW manager or his duly authorized agent.
(3)
When the Township or any POTW determines that a user
or significant industrial user is contributing to any sewer system
serving the Township any of the above prohibited substances, that
POTW manager may advise the user of the impact of such contributions
on the sewer system and develop effluent limitations and compliance
schedules which the user must meet to correct the violation.
(4)
The POTW or the Township may take enforcement action(s)
against the noncomplying user or significant industrial user regardless
of whether the user or significant industrial user was given prior
notification of the violation by the POTW.
B.
Federal categorical pre-treatment standards. Upon the promulgation of the federal categorical pre-treatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. Each user or significant industrial user shall be responsible to notify the Township and the appropriate POTW of changes to his status under the federal, state, or local regulations. The categorical pre-treatment standards found in 40 CFR Chapter 1, Subchapter N, Part 405-471 are also hereby incorporated into this article.
(1)
Where a categorical pre-treatment standard is expressed
only in terms of the mass or the concentration of a pollutant in wastewater,
the appropriate POTW manager may impose equivalent concentration or
mass limits in accordance with 40 CFR Part 403.6(c).
(2)
Where process wastewater subject to a categorical
pre-treatment standard is mixed with wastewater not regulated by the
same standard, the appropriate POTW manager shall impose an alternate
limit using the combined waste stream formula in 40 CFR Part 403.6(e).
(3)
A user may obtain a variance from EPA from a categorical
pre-treatment standard if the user can prove, pursuant to the procedural
and substantive provisions in 40 CFR Part 403.13, that factors relating
to his facility’s discharge are fundamentally different from
the factors considered by the EPA when developing the categorical
pre-treatment standard.
(4)
A user may obtain a net gross adjustment to a categorical
pre-treatment standard in accordance with 40 CFR Part 403.15.
C.
Modification of federal categorical pre-treatment
standards. Where any POTW achieves consistent removal of pollutants
limited by federal categorical pre-treatment standards, that POTW
may apply to the approval authority for modifications of specific
limits in the federal categorical pre-treatment standards. “Consistent
removal” shall mean the reduction in the amount of a pollutant
or alteration of the nature of the pollutant by the sewer system to
a less toxic or harmless state in the effluent, which is achieved
by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c)(2) of Title 40 of
the Code of Federal Regulations, Part 403, “General Pretreatment
Regulations for Existing and New Sources of Pollution,” promulgated
pursuant to the Act. The POTW may then modify the pollutant discharge
limits in the federal pre-treatment standards if the requirements
contained in 40 CFR Part 403, Section 403.7, are fulfilled, and prior
approval from the approval authority is obtained.
D.
Specific pollutant limitations.
(1)
All wastewater entering the sanitary sewerage system shall be pretreated
to typical domestic levels unless otherwise stated, in writing, by
the PWTA by way of the Significant Industrial User Permit. Typical
domestic levels and specific pollutant limitations may require periodic
change because of changing NPDES requirements, required reevaluations
of the local limits analysis, or other reasons. At times when such
change becomes necessary, modified local limits will be established
and formally adopted by the PWTA after modifications have been approved
by the approval authority (USEPA). Upon recommendation and approval
by the PWTA, industrial pre-treatment discharge limitations shall
be established and revised by separate resolution of the Board of
Supervisors and shall be attached as Appendix A[1] to this subsection.
[Amended 10-22-2007 by Ord. No. 2007-15]
[1]
Editor's Note: Said appendix is on file in the Township offices.
(2)
Typical domestic levels for compatible pollutants
shall be:
[Amended 11-26-2012 by Ord. No. 2012-3]
|
Parameter
|
Maximum Concentration
(mg/l)
|
|---|---|
|
Biochemical oxygen demand (BOD5)
|
2501
|
|
Total suspended solids (TSS)
|
2501
|
|
Phosphorus (total as P)
|
101
|
|
Total Kjeldahl nitrogen (TKN)
|
40 as N
|
|
Wastewater having an oil and grease concentration greater than
|
100
|
|
NOTES:
|
|---|
|
1 Users may exceed
the maximum concentrations listed for these parameters, but will be
surcharged according to the appropriate POTW’s “high-strength”
surcharge formula. Copies of this formula can be obtained from the
appropriate POTW manager.
|
(3)
In addition, no user shall contribute toxic pollutants
to any sewer system serving the Township in excess of the following:
|
Parameter
|
Maximum Concentration
(mg/l)
|
|---|---|
|
Arsenic
|
0.01
|
|
Cadmium
|
0.04
|
|
Chromium (total)
|
1.41
|
|
Chromium (hex.)
|
0.38
|
|
Copper
|
0.162
|
|
Lead
|
0.10
|
|
Mercury
|
0.00012
|
|
Nickel
|
0.33
|
|
Silver
|
0.05
|
|
Zinc
|
1.53
|
|
Cyanide (total)
|
0.34
|
|
Phenols (total)
|
0.13
|
|
NOTES:
|
|---|
|
2 During compliance
monitoring for these two pollutants, significant industrial users
will be given the option to meet this limit in their wastewater discharge
or sample both their wastewater and incoming water supply at the time
of compliance monitoring. Users selecting the second option will be
required to maintain in their wastewater the level of these pollutants
found in their incoming water supply. This is, in effect, a “no
net increase” limit for these pollutants in accordance with
the General Pretreatment Regulations, 40 CFR Part 403.
|
(4)
The
POTW, at its sole discretion, may develop Best Management Practices
(BMPs) to comply with 40 CFR 403.5(c)(1). Such BMPs shall be considered
local limits and pre-treatment standards for the purposes of 40 CFR
403 and Section 307(d) of the Clean Water Act. The POTW, also at its
sole discretion, may allow a user to implement BMPs to meet the prohibitions
listed in 40 CFR 403.5(a)(1) and (b) and Section 147-43 of this article.
BMPs may also be implemented in addition to an approved limit or prohibition.
If BMPs are allowed, they will be implemented through user permits.
Authorization of BMPs, in place of or in addition to approved limits
or prohibitions, does not relieve the user of responsibility to comply
with approved limits or prohibitions.
[Added 11-26-2012 by Ord.
No. 2012-3]
E.
Dilution. No user or significant industrial user shall
ever increase the use of process water or in any way attempt to dilute
a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the limitations contained in the federal
categorical pre-treatment standards, or with any other pollutant-specific
limitation developed by the Township, the appropriate POTW, state,
or federal agencies.
F.
Slug discharge.
(1)
Each user shall provide protection from slug discharge
of prohibited materials or other substances regulated by this article.
To prevent the discharge of prohibited materials, facilities shall
be provided and maintained at the user’s or significant industrial
user’s own cost and expense. In the case of a slug discharge
which has the potential to violate any of the specific provisions
contained in 40 CFR 403.5, or to pass-through or interfere with the
POTW, it is the responsibility of the user to immediately telephone
and notify the Township and appropriate POTW of the incident. The
notification shall include location of discharge, type of waste, concentration
and volume, and corrective actions taken to minimize and eliminate
the violation.
(2)
Also, within five days following a slug discharge,
the user shall submit to the Township and the appropriate POTW a detailed
written report that shall contain the following information:
(a)
The cause of the noncompliance;
(b)
The approximate time that this condition occurred
and whether it has been corrected;
(c)
The steps taken by the user to reduce and minimize
the impact of the noncompliance;
(d)
The steps taken by the user to prevent a reoccurrence
of the conditions that caused or led to the accidental or slug loading.
(3)
Submission of such a report shall not relieve the
user or significant industrial user of any fines, civil penalties,
or other liability that may be imposed as described in this article,
the appropriate POTW enforcement response plan, or any other applicable
law.
(4)
In addition, each POTW will evaluate at least once
per year whether a significant industrial user needs to develop or
update a slug control plan. Detailed slug control plans showing facilities
and operating procedures to provide slug control protection shall
be submitted to the appropriate POTW for review and approval prior
to implementation. A slug control plan shall contain, at a minimum,
the following information:
(a)
A description of discharge practices, including
routine or nonroutine batch discharges;
(b)
A description of new and spent chemical storage
procedures;
(c)
Procedures for immediately notifying the appropriate
POTW of any accidental or slug discharge, including personnel responsible
for such notifications;
(d)
Procedures to prevent adverse impact from an
accidental or slug discharge. Such procedures shall include, but are
not limited to, inspection and maintenance of chemical storage areas,
handling and transferring of raw and finished products and chemicals,
control of site runoff, worker training, building of containment structures,
available containment equipment, and contacted environmental services
that assist the user to fulfill these plans.
(5)
A significant industrial user who commences contribution
to the sewer system after the effective date of this article shall
not be permitted to introduce pollutants into the system until a slug
control plan has been approved by the appropriate POTW. Review and
approval of such plans and operating procedures shall not relieve
the significant industrial user from the responsibility to modify
his facility, as necessary, to meet the requirements of this article.
(6)
All users are required to notify the POTW immediately of any changes
at their facilities affecting the potential for an accidental discharge
and/or slug discharge to the POTW.
[Added 11-26-2012 by Ord.
No. 2012-3]
G.
Discharge monitoring equipment. The appropriate POTW
and Township are given the right to require any user of the wastewater
collection and treatment system serving the Township to install permanent
sampling equipment in order to determine compliance with this article.
The type of sampling equipment and installation location must be reviewed
and approved by the appropriate POTW.
H.
Notice to employees. A notice shall be permanently
posted on the significant industrial user’s bulletin board or
other prominent place advising employees whom to call in the event
of an accidental or slug discharge. Employers shall ensure that all
employees who may be involved with hazardous materials are aware of
such emergency notification procedures.
A.
Purpose. It is the purpose of this section to provide
for the recovery of costs from users and significant industrial users
of any wastewater collection and treatment system serving the Township
for the implementation of the program established herein. The applicable
charges or fees shall be set forth by each POTW and the Township’s
Schedule of Charges and Fees.
B.
Charges and fees.
(1)
The Township and/or each POTW may adopt charges and
fees by separate written resolution that may include:
(a)
Fees for reimbursement of the costs of developing
and implementing an industrial pre-treatment program;
(b)
Annual permit fees for recovering costs associated
with monitoring, inspection, and sampling activities essential to
implementation of an industrial pre-treatment program;
(c)
Fees for reviewing accidental discharge procedures
and construction plans;
(d)
Fees for review of permit applications;
(e)
Fees associated with the review of permit appeals;
(f)
Fees for consistent removal by a POTW of pollutants
otherwise subject to federal categorical pre-treatment standards;
(g)
Surcharge fees for all sewerage discharged into the sewer system which exhibit concentrations of certain compatible pollutants in excess of the limitations established in § 124-8D of this article;
(h)
Other fees a POTW and/or the Township may deem
necessary to carry out the requirements contained herein.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
Township and/or a POTW.
A.
Wastewater discharges.
(1)
It shall be unlawful for any user to discharge any
wastewater to any sewer system serving the Township, or within the
service area of any POTW, except as authorized in writing by the appropriate
POTW in accordance with the provisions of this article. The Township
or the appropriate POTW may require any unpermitted or permitted users
of the sewer system to provide any information needed to determine
compliance with this article or other applicable local, state, or
federal laws, rules, or regulations. These requirements include, but
are not limited to:
(a)
Wastewater discharge peak rate and volume records
over a specified time period;
(b)
Information on raw materials, processes, and
products affecting wastewater volume and quality;
(c)
Quantity and disposition of specific liquid,
biosolids, oil, solvent, or other materials that may impact the operation
of any sewer system serving the Township and/or any POTW;
(d)
A plot plan of all sewer facilities on the user’s
property, including the number and location of all sewer lateral connections
to any sewer system serving the Township;
(e)
Details of control measures taken by the user
to prevent and control stormwater, drainage, roof runoff, from entering
any sewer system serving the Township.
(2)
In addition, all users are required to provide details
of any significant changes to the nature or quantity of their discharge,
including increased flows of 25% or more, or the promulgation of a
categorical pre-treatment standard that applies to their discharge,
at least 90 days prior to commencing the “changed” discharge.
(3)
Costs incurred for developing the information described
above shall be paid by the user and are in addition to all other sewer
use permit and surcharge fees charged by a POTW or Township.
(4)
The user shall be responsible for obtaining and submitting
all applicable authority, municipal, county, regional, state, or federal
permits or planning documents required for approval of a sewer connection.
It is also the responsibility of each user to notify the Township
and the POTW of wastewater discharges containing materials which would
be considered hazardous if disposed of in any other manner.
B.
Significant industrial user permits. All users proposing
to connect into, or already connected into, any sewer system serving
the Township who are deemed a significant industrial user through
POTW review of the waste questionnaire or permit application must
obtain a Wastewater Contribution Permit from the appropriate POTW
90 days prior to commencing discharge. In addition, whenever an existing
insignificant industrial user becomes subject to a new categorical
pre-treatment standard, the user must reapply to the POTW for a significant
industrial user Wastewater Contribution Permit within 180 days of
the promulgation of the categorical standard. Based on the review
of this data, the POTW may reissue the Wastewater Contribution Permit
for this significant industrial user as soon as possible after incorporating
the applicable standards.
(1)
Permit application.
(a)
Any user required to obtain a significant industrial
user permit shall complete and file with the appropriate POTW an application
in the form prescribed by the POTW, accompanied by the required permit
filing fee. In support of the application, the significant industrial
user shall submit, in units and terms appropriate for evaluation,
all items required in 40 CFR 403.12(b), including the following information:
[1]
Name, address, and location of the facility
(if it is different from the address).
[2]
SIC number, according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
[3]
Wastewater constituents and characteristics, including but not limited to those parameters listed in § 124-8 of this article, as determined by an approved analytical laboratory. This sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136, as amended.
[4]
Time and duration of wastewater contribution.
[5]
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly, and seasonal variation, if any.
[6]
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections, and appurtenances
by the size, location, and elevation.
[7]
Description of activities, facilities, and production
processes on the premises, including all materials that have a potential
for entering the sewer system either accidentally or by purpose.
[8]
The nature and concentration of any pollutants
in the discharge which are limited by any Township, state, or federal
categorical pre-treatment standards; and a statement regarding whether
or not the pre-treatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M),
source reduction efforts and/or additional pre-treatment is required
for the significant industrial user to meet applicable pre-treatment
standards.
[9]
If additional pre-treatment and/or O&M will
be required to meet the pre-treatment standards, the schedule by which
the significant industrial user will provide such additional pre-treatment.
For significant industrial users subject to federal categorical pre-treatment
standards, the completion date in this schedule can be no later than
the compliance date established by the EPA for the applicable pre-treatment
standard. The following shall also apply to this schedule:
[a]
The schedule shall contain increments
of progress in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional
pre-treatment facilities required for the significant industrial user
to meet the applicable pre-treatment standards. This may include dates
for installing a sampling manhole, hiring an engineer, completing
preliminary plans, completing final plans, executing a contract for
major components, commencing construction, completing construction,
etc.
[b]
No increments referred to in Subsection
B(1)(a)[9][a] shall exceed nine months.
[c]
No later than 14 days following
each date in the schedule and the final date for compliance, the significant
user shall submit a progress report to the appropriate POTW, including,
as a minimum, whether or not he has complied with the increment of
progress to be met on such date, and, if not, the date on which he
expects to comply with this increment of progress; the reason for
delay; and the steps he is taking to return the construction to the
schedule established. In no event shall more than nine months elapse
between such progress reports to the POTW.
[d]
Each product produced by type,
amount, process or processes and rate of production.
[e]
Type and amount of raw materials
processed (average and maximum per day).
[f]
Number and type of employees, the
hours of plant operation, and the proposed or actual hours of pre-treatment
system operation.
[g]
Any other information as may be
deemed by the POTW necessary to aid in evaluating the permit application.
[10]
A list of any environmental control
permits held by or for the facility.
(b)
The POTW will evaluate the data furnished by
the significant industrial user and will notify the user of any additional
information necessary to complete the application review process.
After evaluation and acceptance of the data supplied, the POTW may
approve the issuance of a significant industrial user permit subject
to terms and conditions provided herein.
(2)
Permit conditions. Significant industrial user permits
shall be expressly subject to all provisions of this article and all
other applicable regulations, user charges, and fees established by
the Township or any POTW by way of separate resolution. The permit
may contain, but is not limited to, the following requirements:
(a)
Statement of duration;
(b)
Statement on nontransferability;
(c)
All applicable pre-treatment standards for the
discharge of pollutants;
(d)
Limits on average and maximum flow rate and
time discharge, or requirements for flow regulations and equalization;
(e)
Requirements for installation and maintenance
of inspection and sampling facilities;
(f)
Specifications for monitoring programs that
may include sampling locations, frequency of sampling, number, types,
and standards for tests and reporting schedule;
(g)
A schedule for achieving compliance with this
article or any other pre-treatment requirement;
(i)
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the appropriate
POTW, and allowing the POTW access thereto;
(j)
Requirements for ninety-day prior notification
of the POTW and Township of the introduction of any new wastewater
constituents or any substantial change in the volume or character
of the wastewater constituents being introduced into the sewer system;
(k)
Requirements for:
[Amended 11-26-2012 by Ord. No. 2012-3]
[1]
Immediate notification of slug discharges to the POTW in accordance with § 124-8 of this chapter;
[2]
Immediate notification of any changes by the user at their facility
affecting the potential for an accidental discharge and/or slug discharge
to the POTW; and/or
[3]
Development and implementation of slug control measures.
(l)
Specification of type and amount of raw materials
and finished products processed (average and maximum per day);
(m)
Statement of all applicable civil or criminal
penalties for noncompliance;
(n)
Other conditions as deemed necessary by the
Township or the POTW to ensure compliance with this article.
(o)
Requirements for development and implementation of Best Management
Practices (BMPs) and recordkeeping and reporting for BMPs.
[Added 11-26-2012 by Ord.
No. 2012-3]
(3)
Reporting requirements in permits.
(a)
Compliance data report. Following the date for
final compliance with applicable categorical pre-treatment standards,
or, in the case of a new source, following commencement of the introduction
of wastewater into the sewer system, any significant industrial user
subject to federal categorical pre-treatment standards shall submit
to the POTW a report indicating the nature and concentration of all
pollutants in the discharge from the regulated process that are limited
by pre-treatment standards or requirements. The report shall state
whether the applicable pre-treatment standards or requirements are
being met on a consistent basis, and, if not, what additional O&M
and/or pre-treatment is necessary to bring the significant industrial
user into compliance with the applicable pre-treatment standards or
requirements. This statement shall be signed by an authorized representative
of the significant industrial user and certified by a qualified professional
engineer.
(b)
Periodic compliance reports.
[1]
Every significant industrial user shall have
his wastewater sampled and analyzed at a frequency specified in the
Wastewater Contribution Permit, but in no case less than two times
per year. The frequency and number of pollutants analyzed for will
be specific for each industry. The sampling must be representative
of the user’s typical discharge during that reporting period.
The POTW may at any time require the significant industrial user to
perform additional sampling if it believes the conditions of this
article are not being met. The significant industrial user must submit
to the POTW during the months of June and December, unless required
more frequently by the POTW, an update report indicating any process,
production, or flow rate changes that have occurred during the previous
six-month period and all sampling requirements specified above. This
report will also include a record of all daily flow that, during the
reporting period, exceeded the average daily flow allowed in the contract.
At the discretion of the POTW and in consideration of such factors
as local high or low flow rates, holiday, budget cycles, etc., the
POTW may agree to alter the months during which the above reports
are to be submitted.
[2]
The POTW may impose mass limitations on significant industrial users that combine nonregulated waste streams with categorical process waste streams prior to the sampling point or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(3)(b)[1] of this section shall indicate the mass of pollutants regulated by pre-treatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein that are limited by the applicable pre-treatment standards. The frequency of monitoring shall be prescribed in the applicable pre-treatment standard. All analysis shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136 and amendments thereto, or with any other EPA-approved test procedures. Sampling shall be performed in accordance with approved techniques.
[3]
When the results of this sampling indicate noncompliance
with any requirement of this article, the user must notify the POTW
within 24 hours after becoming aware of the violation(s). The user
must also resample their discharge and submit these results to the
POTW within 30 days. Additionally, all wastewater discharge sampling
results obtained by the user, whether or not required specifically
by their Wastewater Contribution Permit, must be submitted to the
POTW.
[4]
All measurements, tests, and analyses required
for determining the characteristics of waters and wastewaters to which
reference is made in this article shall be performed in accordance
with 40 CFR Part 136. Sampling methods, locations, times, durations,
and frequencies are to be determined on an individual basis and will
be specified in the individual Wastewater Contribution Permits issued
to the significant industrial users.
[5]
If the POTW performs the required monitoring of the user's wastewater
discharge, the POTW will either perform any required repeat sampling
and analysis within 30 days of becoming aware of a violation or direct
the user to perform any required repeat sampling and analysis within
30 days of becoming aware of a violation.
[Added 11-26-2012 by Ord.
No. 2012-3]
(c)
BMP compliance information. If a user must implement a BMP to
comply with federal pre-treatment standards or requirements, the POTW's
prohibited discharge standards, local limits, or any other condition
of this article, the user shall submit any and all documentation required
by the POTW or the pre-treatment standard at the frequency specified
by the POTW or pre-treatment standard to evaluate compliance. The
user must include information on compliance with any applicable BMPs
in baseline monitoring reports, ninety-day compliance reports and
periodic compliance reports. The POTW may also require any user to
submit additional BMP related information or data at any frequency
it deems necessary to determine compliance with federal pre-treatment
standards or requirements or the authority's rules and regulations.
[Added 11-26-2012 by Ord.
No. 2012-3]
(4)
Permit duration. Permits shall be issued by the POTW for a specified time period, not to exceed five years. Each significant industrial user shall apply for a reissuance of his Wastewater Contribution Permit a minimum of 180 days prior to the expiration of his existing permit. The terms and conditions of the permit may be subject to modification by the POTW during the term of the period, as limitations or requirements as identified in § 124-8 are modified or other just cause exists. A significant industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Where necessary, a schedule for complying with these changes or new conditions may also be issued by the POTW.
(5)
Permit modifications. Upon the promulgation of a categorical
pre-treatment standard, a significant industrial user subject to such
standards shall have his Wastewater Contribution Permit revised to
require compliance with such standards.
(6)
Permit transfer. Wastewater Contribution Permits are
issued to a specific significant industrial user for a specific operation.
These permits shall not be reassigned, transferred, or sold to a new
owner, used for different premises, or used for a new or changed operation.
(7)
Signatory requirement. All reports, applications,
or other information required to be submitted under this article shall
be signed by an authorized representative of the user and shall contain
the following certification:
|
“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 ensure 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 civil and criminal penalties.”
|
C.
Monitoring facilities. The appropriate POTW manager
or his duly authorized representative shall inspect the facilities
of any user to ascertain whether the purpose of this article are being
met and all compliance with requirements are being met. Persons or
occupants of premises connected to the POTW's wastewater collection
and treatment system shall allow the POTW manager or his representative
ready access at all times to all parts of the premises for the purposes
of inspection, sampling, records examination and/or copying of same,
or in the performance of any of his duties. The POTW has the right
to set upon a user’s property such devices as are necessary
to conduct sampling, inspection, compliance monitoring, and/or metering
operations. Where a user has security measures in force that require
proper identification and clearance before entry into his premises,
the user shall make necessary arrangements with any security guards
so that upon presentation of suitable identification, personnel from
the POTW will be permitted to enter without delay, for the purposes
of performing their specific responsibilities.
[Amended 11-26-2012 by Ord. No. 2012-3]
D.
Pre-treatment. Users and significant industrial users
shall provide necessary wastewater treatment as required to comply
with this article and any applicable federal categorical pre-treatment
standards within the time limitations as specified by their POTW or
in the federal pre-treatment regulations. Any equipment or facilities
required by the user to pretreat wastewater to a level acceptable
to their POTW shall be provided, operated, and maintained at the user’s
expense. The POTW may require that detailed plans showing the pre-treatment
facilities and operating procedures to be submitted for review and
be deemed acceptable to the POTW before construction of the facility.
The review of such plans and operating procedures will in no way relieve
a user from the responsibility of modifying his facility as necessary
to produce an effluent acceptable to the POTW under the provisions
of this article. Any subsequent changes in the pre-treatment facilities
or method of operation, or any change that may result in a new or
increased discharge of pollutants, shall be reported to and be accepted
by the POTW prior to the initiation of the changes.
E.
Recordkeeping requirements.
[Amended 11-26-2012 by Ord. No. 2012-3]
(1)
Users subject to the reporting requirements of this article shall
maintain, and make available for inspection and copying by the POTW,
all records of information obtained pursuant to any monitoring activities
required by this article, any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements and records associated with implementation of
BMPs. 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 and any
other information or data deemed necessary by the POTW. These records
shall remain available for a period of at least three years. This
period shall be automatically extended for the duration of any litigation
concerning the user or the POTW, or where the user has been specifically
notified of a longer retention period by the POTW.
(2)
All records relating to compliance with pre-treatment standards shall
be made available to the Township, the POTW, the DEP or the EPA upon
request.
F.
Confidential information.
(1)
Information and data on a user or significant industrial
user obtained from reports, questionnaires, permit applications, permits,
monitoring programs, and inspections, shall be made available to the
public or governmental agencies without restrictions unless the user
or significant industrial user specifically requests and is able to
demonstrate to the satisfaction of the POTW that the release of such
information would divulge information, processes, or methods of production
entitled to protection as trade secrets of the user or significant
industrial user.
(2)
When requested by the person furnishing a report,
those portions of a report that might disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available, upon written request, to governmental
agencies for uses related to this article, the NPDES permit, biosolids
disposal/reuse forms, and/or the General Pretreatment Regulations.
Any such portions of a report shall also be available for use by any
state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
(3)
Information accepted by the POTW as confidential shall
not be transmitted to the general public by the POTW until after a
ten-day notification is given to the user or significant industrial
user.
G.
Falsifying information. Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article or user or significant industrial user permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be punished as provided by law and shall be subject to the fines set forth in § 124-11.
A.
Notification of violation. Whenever the Township or
the POTW finds that any user has violated or is violating this article,
his Wastewater Contribution Permit, or the General Pretreatment Regulations,
the Township or the POTW shall serve upon the user a written notice
of violation (NOV). Within 15 days of the certified receipt of the
NOV, the user must submit to the POTW and the Township a written response
that contains the following information:
(1)
Cause of noncompliance;
(2)
Anticipated duration of the noncompliance and the
time by which the violation will be corrected;
(3)
Steps taken by the user to reduce and eliminate the
noncomplying discharge;
(4)
Steps taken by the user to prevent reoccurrence of
the condition(s) leading to the noncompliance;
(5)
The signature of an authorized representative of the
user that certifies to the validity of the report.
B.
Show-cause hearing. When a response given by the user to a previous NOV is inadequate, or when a violation results in conditions that could cause a POTW to violate its NPDES permit or biosolids quality requirements, or results in a hazardous situation within the POTW sewer system, the POTW will notify a user by certified mail of the requirement that the user attend a show-cause hearing. A show-cause hearing is an official meeting between the POTW and a user to resolve conditions of continued violations. The hearing may result in the POTW issuing an administrative order to the user, or, if conditions warrant, civil penalties in accordance with § 124-12 of this article.
C.
Administrative order. An administrative order is an
official enforcement document that directs a user or significant industrial
user to undertake or to cease specific activities and that carries
specific legal actions to be enforced when addressing continued noncompliance.
The order may contain a compliance schedule specifying the time frame
by which the user must perform certain activities that will ultimately
result in compliance with all requirements contained in the order.
The order may also contain the requirement that the user pay civil
penalties of up to $25,000 per day per violation.
D.
Public notification of noncompliance. Each POTW shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance (as defined in § 124-6 of this chapter) with applicable pre-treatment standards and requirements.
[Amended 11-26-2012 by Ord. No. 2012-3]
E.
Harmful contributions.
(1)
The Township or the POTW may suspend the wastewater
treatment service and/or Wastewater Contribution Permit when such
suspension is necessary, in the opinion of the Township or the POTW,
in order to stop an actual or threatened discharge which presents,
or may present, an imminent or substantial endangerment to the health
or welfare of persons and/or the environment; which causes, or threatens
to cause, interference to the POTW; or causes, or threatens to cause,
the POTW to violate any condition of its NPDES permit.
(2)
Any person notified of a suspension of the wastewater
treatment service and/or the Wastewater Contribution Permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order,
the Township or the POTW shall take such steps deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to any individuals. The
Township or the POTW may reinstate the Wastewater Contribution Permit
and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge. A detailed written statement describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted by the user to the Township
and the POTW within 15 days of the date of occurrence.
F.
Revocation of permit. Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of § 124-11 of this article:
(1)
Failure of the user to factually report the wastewater
constituents and characteristics of his discharge;
(2)
Failure of the user to report significant changes
in operations, or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user’s premises
for the purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
G.
Right to appeal.
(1)
Appeal. A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit, may appeal the decision in writing to the Township and the POTW with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under Subsection B.
(2)
Notice of hearing. Thereafter, upon notice in writing
given to the permit holder or any agent or officer thereof at least
five days prior to the time fixed, the Township shall convene and
conduct a hearing on the propriety or lack thereof of the notice of
suspension or revocation. The cost of the stenographic transcript
of such a proceeding shall be borne by the appellant, who shall pay
a filing fee as set from time to time by resolution of the Board of
Supervisors.
(3)
Method of decision. The findings and determinations
of the Township shall be in writing and shall be mailed to the user’s
authorized representative within 48 hours of the hearing, with a certified
copy thereof to be filed with the POTW official who originally served
the notice of suspension or revocation. The determination and hearing
shall be conducted in accordance with the local agency law 2 Pa.C.S.A.
§ 101 et seq.
(4)
Action following appeal decision. If the decision
of the Township sustains the notice of suspension or revocation of
permit, the user shall be given 10 days’ notice of the new date
of suspension or revocation by the POTW.
A.
Civil penalty assessment.
(1)
In addition to the other enforcement actions described
within a POTW enforcement response plan (ERP), the POTW may also seek
civil penalties and/or injunctive relief against any user who fails
to comply with the requirements of this article or his Wastewater
Contribution Permit.
(2)
Civil penalties vary from $500 up to $25,000 per day
per violation depending on the severity of the violation and other
factors. In civil penalty assessment, the POTW will consider all of
the following factors:
(a)
Damage to the POTW treatment plant or collection
system, the environment, or sewer system personnel, resulting from
the violation;
(b)
The user’s history of past violations;
(c)
The level of cooperation obtained from the user;
(d)
The economic benefit gained by the users as
a result of the noncompliance;
(e)
Other relevant factors.
(3)
The general civil assessment policy of a POTW is given
in their enforcement response plan. All fines were developed in accordance
with the Publicly Owned Treatment Works Penalty Law (Pennsylvania
Act 9) and will be assessed on a per-day, per-violation basis. A POTW
has the right to increase, reduce or waive the fines in certain circumstances.
(4)
All civil penalties collected pursuant to a POTW civil
penalty assessment policy will be placed in a restricted account and
shall only be used by the POTW for the repair of damage and any additional
maintenance or other costs resulting from the violation(s) on which
the penalty was imposed, to pay any penalties imposed on the POTW
by a state or federal agency as a result of violating any pre-treatment
standards, for the costs incurred by the POTW to investigate and initiate
enforcement actions against the noncomplying discharge (including
legal and engineering fees), for additional monitoring costs associated
with the noncomplying user, and for capital improvements to the treatment
plant or collection system required by the pre-treatment program.
Any remaining funds may be used for capital improvements to the treatment
plant or collection system not required by the industrial pre-treatment
program.
(5)
The POTW’s ability to seek civil penalties against
noncomplying users shall apply to all users of that sewer system regardless
of political boundary. The civil penalties may be assessed by the
POTW for violations where the POTW is located, where the activity
took place, or where the condition exists or the public was affected
by the violations.
B.
Injunctive relief.
(1)
The Township or the POTW shall be able to seek injunctive relief
for noncompliance by users with pre-treatment standards or requirements
or related provisions. Injunctive relief is available for violations
of pre-treatment standards or requirements, any requirement stated
in this part or user permits, including, but not limited to:
[Amended 11-26-2012 by Ord. No. 2012-3]
(a)
A discharge from a user presents an imminent or substantial
danger to the environment.
(b)
A discharge from a user causes the POTW to violate any condition
of its NPDES permit, biosolids application standards, or other state
or federal requirement.
(c)
A discharge from a user presents an imminent or substantial
danger to the POTW treatment plant, the collection system or the general
public.
(d)
The user has shown a lack of ability or intention to comply
with a pre-treatment standard.
(2)
Injunctive relief may also be issued against a noncomplying user if the court determines that other enforcement actions available to the POTW would not be adequate to effect prompt correction of the condition or violation. In addition to injunctive relief, the POTW may also be granted civil penalties by the court pursuant to Subsection A of this section.
(3)
The POTW’s ability to seek injunctive relief
against a noncomplying user shall apply to all users regardless of
political boundary. The injunctive relief may be sought in the Court
of Common Pleas where the POTW is located, where the activity took
place, where the condition exists or the public was affected, and
to that end a jurisdiction is hereby conferred in law and equity upon
such courts.
C.
Right to appeal. Any user charged with any civil penalty
shall have 30 days to pay the proposed penalty in full, or, if the
user wishes to contest either the amount of the penalty or the fact
of the violation, the user must file an appeal of the action to the
Hilltown Township Board of Supervisors within 30 days pursuant to
the local agency law 2 Pa.C.S.A. § 101 et seq.
[Added 11-26-2012 by Ord.
No. 2012-3]
Wastewater samples collected to comply with any provision of
this article shall meet the following requirements:
A.
Samples shall be collected using twenty-four-hour flow proportional
composite collection techniques. In the event that flow proportional
composite sampling is not warranted in the opinion of the POTW, the
POTW may authorize the use of time proportional composite sampling
or grab sampling. Where time proportional composite sampling or grab
sampling are authorized by the POTW, the samples must be representative
of the discharge and the POTW will solely determine the number of
grab samples required.
B.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using standard grab
collection techniques.
C.
The POTW may allow multiple grab samples collected during a twenty-four-hour
time period for certain parameters to be composited in the field or
in the laboratory prior to analysis if proper protocols specified
in 40 CFR Part 136 and appropriate EPA guidance documents are followed.
For cyanide, total phenols and sulfides, the samples may be composited
in the laboratory or in the field. For volatile organics and oil and
grease, the samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing procedures
as documented in approved EPA methodologies may be authorized by the
POTW, as appropriate.
D.
Sampling techniques prescribed in 40 CFR Part 136, as amended, shall
be followed.
E.
The POTW shall be notified a minimum of 48 hours prior to the collection
of a sample(s) by a user and may observe the collection of any sample.
F.
If a user does not follow proper sample collection protocols and/or
techniques, all samples collected inappropriately shall be discarded
and re-collected at the sole expense of the user.
G.
Sampling facilities shall be properly operated, kept clean, and maintained
in good working order at all times. The failure of a user to keep
its sampling location or facility in good working order shall not
be grounds for the user to claim that sample results are unrepresentative
of its discharge.
H.
All sampling locations utilized to meet the discharge monitoring
provisions of this chapter shall be approved by the POTW.
I.
All samples collected to meet the provisions of the federal pre-treatment
regulations or this chapter shall be representative of the user's
wastewater discharge.
[Added 11-26-2012 by Ord.
No. 2012-3]
Wastewater pollutant analyses completed to comply with any provision
of this article shall meet the following requirements:
A.
All pollutant analyses shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified
in an applicable categorical standard. If 40 CFR Part 136 does not
contain analytical techniques for the pollutant in question, analyses
must be performed in accordance with procedures approved by the administrator.
B.
The user shall provide the POTW with the name, address and telephone
number of any contract laboratory intended to be utilized for pollutant
analyses at least 48 hours prior to the collection of any samples.
The POTW may recommend the use of an alternate contract laboratory.
C.
Copies of laboratory analysis results shall be forwarded to the user
and the POTW simultaneously.
D.
Laboratory analysis results obtained by a user following improper
protocols or deemed technically deficient by the POTW shall be discarded
and samples shall be re-analyzed at the sole expense of the user.
