Borough of Jenkintown, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Jenkintown 3-22-2004 by Ord. No. 2004-1. Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing — See Ch. 137.
Sewers — See Ch. 146.
Zoning — See Ch. 181.

§ 175-1 Intent.

A. 
The intent of this section is to establish rules and regulations governing connections to and use of the Borough of Jenkintown ("Borough") Wastewater Collection Sewer System ("Borough collection system"), to establish the penalty structures required to operate said wastewater collection system insofar as the public health, safety and general welfare of the Borough must be protected.
B. 
The rules and regulations governing the use of the Borough collection system have been defined:
(1) 
To set forth uniform requirements for direct and indirect contributors to the Borough collection system owned and operated by the Borough and to enable the Borough to comply with all applicable state and federal laws required by the Clean Water Act of 1977, as amended, and the General Pretreatment Regulations (40 CFR Part 403) and the National Categorical Pretreatment Standards (40 CFR Chapter I, Subchapter N).
(2) 
To prevent the introduction of pollutants into the Borough's and the City of Philadelphia's ("City") wastewater systems which will:
(a) 
Interfere with the operation of the system;
(b) 
Contaminate the resulting sludge;
(c) 
Cause the wastewater system to violate the City's NPDES discharge permit;
(d) 
Pass through the system, inadequately treated, into receiving waters or the atmosphere; and/or
(e) 
Be otherwise incompatible with the system.
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludge from the system.

§ 175-2 Interpretation and applicability; prevalence of higher standards.

This chapter regulates certain connections to and the use of the Borough collection system. These regulations provide for the regulation of direct and indirect contributors to the City of Philadelphia's wastewater system through issuance of permits to certain nondomestic users and industrial users and through enforcement of general requirements for the other users; authorize monitoring and enforcement activities; require user reporting and compliance schedule submissions. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements required for compliance. Provisions of this chapter shall be deemed to supplement any and all laws of the Commonwealth of Pennsylvania, the U.S. Environmental Protection Agency, and other ordinances of this Borough, provided that, where this chapter imposes a greater restriction than is imposed by said other laws and ordinances, the provisions of this chapter shall control. Where the City of Philadelphia's wastewater control regulations impose a greater restriction than the Borough of Jenkintown, the City of Philadelphia's wastewater control regulations shall take precedence.

§ 175-3 City of Philadelphia legislative intent. (501.0) [1]

A. 
Whereas, the Philadelphia Home Rule Charter, Section 5-800 et seq., mandates that the Philadelphia Water Department operate the City of Philadelphia water supply and wastewater collection systems; and
B. 
Whereas, the Philadelphia Water Department must insure sound and safe operation of the wastewater treatment plants and sewer collection system; and
C. 
Whereas, the Federal Clean Water Act requires that the City prevent the introduction of pollutants into the City wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; and
D. 
Whereas, an objective of the Federal Clean Water Act requires that the City prevent the introduction of pollutants into the City wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; and
E. 
The Federal Clean Water Act is to improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
F. 
Now, therefore, the City of Philadelphia Water Department promulgates these Wastewater Control Regulations.
[1]
Editor's Note: In this chapter, the number in parentheses at the end of a section title corresponds to a section number in the Philadelphia Water Department's Regulations.

§ 175-4 Purpose and policy. (501.1)

A. 
The purposes of these regulations are:
(1) 
To set forth uniform requirements for direct and indirect contributors to the wastewater collection and treatment system ("wastewater system") owned and operated by the City of Philadelphia and the Borough collection system and to enable the City and Borough to comply with all applicable state and federal laws required by the Clean Water Act, the General Pretreatment Regulations (40 CFR Part 403) and the National Categorical Pretreatment Standards (40 CFR Chapter I, Subchapter N);
(2) 
To prevent the introduction of pollutants into the City wastewater system and Borough collection system which will interfere with the operation of the system; contaminate the resulting sludge; cause the wastewater system to violate its NPDES discharge permit; pass through the system, inadequately treated, into receiving waters or the atmosphere; and/or be otherwise incompatible with the system; and/or to improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
B. 
These regulations provide for the regulation of direct and indirect contributors to the City wastewater system and to the Borough collection system through the issuance of permits to certain nondomestic users and industrial users and through enforcement of general requirements for the other users; authorize monitoring and enforcement activities; require user reporting and compliance schedule submissions.

§ 175-5 Definitions. (501.2)

A. 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in these regulations, shall have the following meanings:
ACT or THE ACT or CLEAN WATER ACT
Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972, the Clean Water Act of 1977 and the Water Quality Act of 1987, 33 U.S.C. § 1251 et seq., and any subsequent amendments thereto.
APPROVAL AUTHORITY
The director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
(1) 
In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
(2) 
In the case of a partnership or proprietorship, a general partner or proprietor; and
(3) 
A duly authorized representative of the individual designated above, if:
(a) 
Such representative is responsible for the overall operation of the facilities from which the indirect discharge into the POTW originates;
(b) 
The authorization is in writing; and
(c) 
The written authorization is submitted to the POTW.
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. expressed in terms of weight and concentration [milligrams per liter (mg/l)].
BOROUGH
The Borough of Jenkintown, Montgomery County, Commonwealth of Pennsylvania.
BUILDING SEWER
A private sewer conveying wastewater from the premises of a user to the City wastewater system and/or Borough collection system.
BYPASS
The intentional diversion of waste streams from any portion of an industrial user's pretreatment facility.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards.
CITY
The City of Philadelphia.
COLLECTOR SYSTEM
All piping leading to a treatment plant, including those pipes connected to a combined sewer overflow which lead directly to a receiving stream.
COMMISSIONER
The Water Commissioner of the City of Philadelphia or his designee.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COMPOSITE SAMPLE
A timed sequential collection of samples of equal volume or a collection of grab samples combined in a single reservoir to determine concentration(s) of pollutant(s).
CONTROL AUTHORITY
The term "control authority" shall refer to the City of Philadelphia Water Department and/or the City Water Commissioner.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat and which does not contain a level of contaminants detectably higher than that of the source of the water.
DAILY MAXIMUM
The maximum allowable discharge of a pollutant during a calendar day or other twenty-four-hour period as allowed by the POTW. Where maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of a day. Where daily maximum limitations are expressed in terms of concentration, the daily discharge is the arithmetic average of all measurements taken that day.
DEPARTMENT
Water Department of the City of Philadelphia.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania which may occur through the City's stormwater conduits or combined sewer outfall structures.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency; where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
GRAB SAMPLE
A sample which is taken from a wastestream on a one-time basis, in 15 minutes or less, and with no regard to the volume of flow of the waste stream.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants, including holding tank waste, into the POTW.
INDUSTRIAL USER or USER
Any person that introduces an indirect discharge regulated under the Act, state or local law to the POTW.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 
Therefore, 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) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)], and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
(3) 
In addition, "interference" shall mean the following:
(a) 
The introduction of pollutants into the POTW which, alone or in conjunction with other discharges, inhibits or disrupts the process, operations or maintenance of the POTW or causes an evacuation of any POTW personnel, whether or not it causes or contributes to a violation of the POTW's NPDES permit.
(b) 
The introduction of pollutants, either alone or in conjunction with other discharges, which when reaching the treatment plant, inhibits, disrupts or limits the solid waste by-products disposal options available to the POTW, whether or not it causes or contributes to a violation of Section 405 of the Act, the Solid Waste Disposal Act or any other law or regulation regulating solid waste by-products.
(c) 
The introduction of pollutants into the City of Philadelphia collector system and/or Borough collection system which alone or in conjunction with other discharges inhibits, disrupts or adversely affects the operations or maintenance of the collector system and/or Borough collection system.
MONTHLY AVERAGE
The arithmetic mean of the values for effluent samples collected over a calendar month.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS
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 applies to a specific category of industrial users and pretreatment standards as published in 40 CFR Chapter I, Subchapter N.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
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.
NONDOMESTIC USERS
Commercial, industrial or municipal users who discharge to the POTW.
PASSTHROUGH
A discharge which exits the POTW to the receiving stream or its atmosphere in quantities or concentrations which alone or in conjunction with other discharges is a cause of a violation of any requirement of the POTW's NPDES permit or a violation of any air emission standard set by the Clean Air Act, state or local rules and regulations governing emissions to the air (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural, where indicated by the context.
PH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural waste or any other contaminant discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological, and/or radiological integrity of water.
POTW TREATMENT PLANT or TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination 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 a POTW. The reduction, elimination or alteration can be obtained by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT STANDARDS OR REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, including but not limited to those requirements found in the Clean Water Act, the General Pretreatment Regulations (40 CFR Part 403), the National Categorical Pretreatment Standards, the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) and the Solid Waste Management Act (35 P.S. § 6018.101 et seq.) as they relate to the proper disposal of pretreatment sludges, the City of Philadelphia Wastewater Control Regulations and any order issued under those regulations, the industrial user's wastewater discharge permit and any other federal, state or local law or regulation which regulates discharges to the POTW.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the City, including any devices and systems used in the storage, treatment, recycling or reclamation of municipal sewage and industrial waste. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this regulation, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW.
SHALL AND MAY
"Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
The term "significant industrial user" shall mean the following:
(1) 
Any industrial user subject to any National Categorical Pretreatment Standard;
(2) 
Any industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater) or contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(3) 
Any industrial user that is found by the City, DEP or EPA to have a reasonable potential, either alone or in conjunction with other discharges, to adversely affect the POTW, the collector system, the solid waste by-products of the POTW, or air emissions from the POTW.
SOLID WASTE BY-PRODUCTS
Materials related to POTW operations, which include but are not limited to grit, scum, screenings, incinerator ash, sludges and dredge spoils.
SPILL or SLUG DISCHARGE
Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch discharge, or any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards found in § 175-6[1] of this chapter.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering expressed in terms of concentration [milligrams per liter (mg/l)].
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic, pursuant to Pennsylvania Statutes and Rules, Section 307(a) of the Act or other federal statutes.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated.
WASTEWATER DISCHARGE PERMIT
As set forth in § 175-7B of these regulations.
WATERS OF THE COMMONWEALTH
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 commonwealth or any portion thereof.
[1]
Editor's Note: See Section 501.3 of the City of Philadelphia Water Department's Regulations.
B. 
Abbreviations. The following abbreviations shall have the designated meanings:
(1) 
BOD — Biochemical oxygen demand.
(2) 
CERCLA — Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq., as amended).
(3) 
CFR — Code of Federal Regulations.
(4) 
COD — Chemical oxygen demand.
(5) 
DEP — Pennsylvania Department of Environmental Protection.
(6) 
EPA — United States Environmental Protection Agency.
(7) 
l — Liter.
(8) 
Mg — Milligrams.
(9) 
mg/l — Milligrams per liter.
(10) 
NPDES — National Pollutant Discharge Elimination System.
(11) 
POTW — Publicly owned treatment works.
(12) 
RCRA — Resource Conservation and Recovery Act.
(13) 
SIC — Standard industrial classification.
(14) 
SIU — Significant industrial user.
(15) 
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
(16) 
TSS — Total suspended solids.
(17) 
U.S.C. — United States Code.

§ 175-6 Regulations. (501.3)

A. 
General discharge prohibitions.
(1) 
No user shall contribute or cause to be contributed, directly or indirectly, to the POTW any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to Federal Categorical Pretreatment Standards or any other federal, state, or local pretreatment standards or requirements.
(2) 
No user shall contribute the following substances to any POTW:
(a) 
Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time, shall the atmosphere in a private sewer leading to a POTW structure exceed 25% lower explosive limit (LEL) unless the user can demonstrate that such a discharge does not create at the point of discharge into the POTW or at any other point in the POTW a reading over 10% LEL as measured by an explosimeter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which can create a fire or explosion hazard to the POTW.
(b) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, 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 or fleshings, entrails, whole blood, feathers; ashes; cinders; sand; spent lime; stone or marble dust; metal; glass; straw; shavings; grass clippings; rags; spent grains; spent hops; wastepaper; wood; plastics; gas; tar; asphalt residues; residues from refining or processing of fuel or lubricating oil; mud; or glass grinding or polishing wastes; or any material which can be disposed of as trash.
(c) 
Any wastewater having a pH less than 5.5 or higher than 12.0 as measured by a grab sample or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.
[1] 
No industrial user measuring pH continuously at the point of discharge shall discharge wastes having a pH lower than 5.5 or higher than 12.0 at any time except for a period not to exceed a total of five minutes in any one-hour period. In the event that a periodic discharge of a pH lower than 5.5 or higher than 12.0 for a period exceeding five minutes occurs, the industrial user must demonstrate that the pH will not exceed the range of 5.5 to 10.0 at a downstream point designated by the City. In no case may the industrial user's discharge contain a pH less than 5.0 at the point of discharge into the POTW.
[2] 
In the event that the influent wastewater flow arriving at a treatment plant is outside the pH range of 6.5 to 8.5 the City may limit the industrial users to that treatment plant to a pH range of 6.0 to 9.0, upon oral or written notice, for as long as the City deems necessary.
(d) 
Any wastewater containing pollutants which may, either singly or by interaction with other pollutants:
[1] 
Injure, adversely affect or interfere with any wastewater treatment process;
[2] 
Constitute a hazard to humans or other biota, or may create an adverse effect in the receiving waters of the POTW, as determined through biomonitoring conducted on the POTW's effluent or through in-stream monitoring; or
[3] 
Violate any provision of the Federal Clean Air Act (42 U.S.C. § 7401 et seq.), as amended, or local air quality regulations.
(e) 
Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or may result in toxic gases, vapor or fumes or are sufficient to prevent entry into the POTW for maintenance and repair without respiratory protection or other personal safety equipment.
(f) 
Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, nor any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management methods being used by City.
(g) 
Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving 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 which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 60° C. (140° F.) or which shall cause the wastewater entering the POTW treatment plant to exceed 40°C. (104°F.).
(j) 
Any pollutants, including oxygen-demanding pollutants (BOD, etc.) and suspended solids released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference or passthrough to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour permitted concentration, quantities, or flow during normal operation.
(k) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the Commissioner in compliance with applicable state or federal regulations.
(l) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(m) 
Any wastewater containing motor oils or lubricants removed from vehicles or other machinery.
(n) 
Any wastewater containing substances which may solidify or become viscous at temperatures between 32° and 150° F.
(o) 
Any sludges from septage or holding tanks without prior written approval of the Department.
(p) 
Any wastewater which because of its chemical nature or composition causes the sewer atmosphere to contain airborne chemical concentrations exceeding concentrations established by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR 1910, regardless of duration of exposure experienced by any individual, whether a Department or contractor's employee, unless written authorization is granted by the Commissioner.
(q) 
Wastewater which may create a fire or explosive hazard in the POTW, including but not limited to wastewater with a closed-cup flashpoint of less than 140° F., using the test methods specified in 40 CFR 261.21.
(r) 
Any wastewater which, alone or in conjunction with any other discharges, causes foam anywhere in the treatment plant or its effluent.
(s) 
In addition, the following activities are prohibited:
[1] 
No person shall discharge wastewater, pollutants, chemicals or any other substance or contaminant into street inlets or through sewer manholes without the prior written approval of the POTW;
[2] 
No person who generates wastewater at one property shall discharge it at another property without prior written approval from the POTW;
[3] 
No person shall discharge wastewater in quantities or at rates of flow which may have an adverse or harmful effect on, or overload the Department's sewerage system or wastewater treatment plants, or cause excessive or additional treatment costs, or render inaccurate or interfere with the function of sewer-metering devices;
[4] 
No person shall discharge a wastewater flow contributing greater than 2,500 pounds per day of five-day biochemical oxygen demand, or contributing greater than 1,750 pounds per day of suspended solids, or having a volume in excess of three million gallons per day, without prior written approval of the City;
[5] 
No person shall store or handle any material, including hazardous substances defined by CERCLA, in any area draining to the City sewer system, because discharge or leakage from such storage or handling may create an explosion hazard in the sewer system or treatment plant or may constitute a hazard to human beings or animals or the receiving stream, or in any other way may have a deleterious effect upon the wastewater treatment facilities. Such storage or handling shall be subject to review by the City, and shall require a spill control plan with reasonable safeguards to prevent discharge or leakage of such materials into the sewers;
[6] 
Industrial users processing regulated wastestreams through their pretreatment facilities shall not bypass such pretreatment facilities unless they notify the City in writing and obtain prior written approval from the City; and/or
[7] 
No person shall increase the use of potable water, groundwater, rainwater, river water or process water or in anyway attempt to dilute an effluent as a partial or complete substitute for adequate treatment to achieve compliance with any pretreatment standards or requirements.
B. 
General pretreatment regulations and National Categorical Pretreatment Standards. All users shall comply with all provisions contained in the General Pretreatment Regulations (40 CFR Part 403), as amended, and if applicable, National Categorical Pretreatment Standards (40 CFR Chapter I, Subchapter N), as amended. Any limitations imposed under the General Pretreatment Regulations or the National Categorical Pretreatment Standards which are more stringent than the limitations in these regulations shall supersede the limitations imposed under these regulations.
(1) 
Modification of Federal Categorical Pretreatment Standards. Where the City of Philadelphia wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the approval authority for modification of specific limits in the Federal Pretreatment Standards of an industrial user or a whole category.
(2) 
Specific pollutant limitations. No person shall discharge the following substances in excess of the concentrations, in milligrams per liter (mg/l), as expressed below:
Substance
Daily Maximum
Monthly Average
Arsenic
0.01
0.005
Cadmium
0.2
0.1
Copper
4.5
2.7
Lead
0.69
0.43
Mercury
0.01
0.005
Nickel
4.1
2.6
Silver
0.43
0.24
Total chromium
7.0
4.0
Zinc
4.2
2.6
Selenium
0.2
0.1
(3) 
No person shall discharge any of the substances listed below to the POTW without obtaining prior written approval of the POTW.
Acrylonitrile
o, m, p-Xylenes
Aldrin
o-Chlorotoluene
Alpha BHC
o-Dichlorobenzene
Aluminum
p-Chlorotoluene
Barium
para-Dichlorobenzene
Benzene
PCB-1248
Benzo (a) pyrene
PCB-1260
Benzotrichloride
Phenanthrene
Beryllium
Phenols
Bis (2-ethylhexyl) phthalate (DEHP)
Pyrene
Bromobenzene
Styrene
Bromodichloromethane
Tetrachloroethylene (perchloroethylene)
Bromoform
Tin
Carbon tetrachloride
Titanium
Chlordane
Toluene
Chlorobenzene
Toxaphene (chlorinated camphene)
Chlorodibromomethane
Trichloroethylene
Chloroethane
Vinyl chloride
Chloroform
1,1,1,2-Tetrachloroethane
Cumene (isopropyl-benzene)
1,1, 2,2-Tetrachloroethane
DDT/DDE/DDD
1,1,2-Trichloroethane
Dibutylphthalate
1, 1-Dichloroethane
Dichlorobromomethane
1, 1-Dichloroethlyene
Dichloroethyl ether
1, 1-Dichloropropene
Dieldrin diisobutylens
1, 2 trans, dichloroethylene
1, 2, 3-Trichloropropane
Dimethylnitrosamine
1,2-cis Dichloroethylene
Ethylbenzene
1,2-Dibromo-3-Chloropropane
Heptachlor
1,2-Dichloroethane
Hexachlorobutadiene
1,2-Dichloropropane
Hexachlorobenzene
1,3-Dichloropropane
Iron
1,3-Dichloropropene
Isopropylbenzene
1,4-Dichlorobenzene(p)
Lindane
2-Chlorophenol
M-Dichlorobenzene
2,2-Dichloropropane
Methyl chloride (chloromethane)
2,4-Dinitrophenol
Methyl ethyl ketone
2,4-Dinitrotoluene
Methyl isobutyl ketone
3,3-Dichlorobenzidiene
Molybdenum
(4) 
The City reserves the right to modify this list of materials prohibited from entering the POTW as may become necessary by virtue of new state or federal regulations.
(5) 
Chlorine and ammonia. The free chlorine and/or free ammonia content of the waste shall be limited to 5 mg/l at any time as shown by grab sample. In particular instances where a mist-free atmosphere, as needed during inspection and maintenance of a sewer, or to protect the POTW, is otherwise not attainable, the Department may direct the user to further reduce its discharge of chlorine and/or ammonia, either on a temporary or permanent basis, so as to eliminate formation of mist, in order to permit such inspection and maintenance and protect the POTW.
(6) 
Hydrogen sulfide. The hydrogen sulfide content of the waste shall not exceed 2 mg/l at any time as shown by grab sample unless the POTW authorizes in writing an alternatives mass limit for total sulfides.
(7) 
Cyanide content. The cyanide content of the waste shall not exceed 10 mg/l total cyanide and 2 mg/l of cyanide readily released at 150° F. and pH 4.5. Cyanide content of wastewater must be measured by grab sample.
(8) 
Fats, oils and greases. Wastewaters shall not contain in excess of 100 mg/l of fats, oils and greases of mineral or petroleum or unknown origin at any time as shown by grab sample. Wastewaters discharged to the POTW shall contain no floatable or nonemulsified fats, oils and greases of animal or vegetable origin. Specific numerical limits for these pollutants may be placed in an industrial user's wastewater discharge permit if found by the POTW to be necessary. Wastewaters shall in no case contain concentrations of these pollutants high enough to cause interference or passthrough. The limits for both fats, oils and greases of mineral, petroleum or unknown origin and of animal or vegetable origin may be reduced by the Department without amending these regulations where the existing limits cause adverse impacts to the collector system and/or POTW.
C. 
State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in these regulations.
D. 
City of Philadelphia right of revision. The City reserves the right to establish by regulation more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 175-4[1] of this chapter.
[1]
Editor's Note: See Section 501.1 of the City of Philadelphia Water Department's Regulations.
E. 
Accidental discharges.
(1) 
Spill prevention plan. Each user shall provide protection from accidental discharge of prohibited materials or other substances which may interfere with the POTW by developing a spill prevention plan. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Department for review and shall be approved by the Department before construction of the facility. The spill plan shall contain, at a minimum, the following:
(a) 
Description of discharge practices, including routine and nonroutine batch discharges;
(b) 
Description of stored chemicals;
(c) 
Procedures for promptly notifying City of spills or slug discharges, with procedures for follow-up written notification within five working days;
(d) 
Any necessary procedures to prevent accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff and worker training;
(e) 
Any necessary measures for building containment structures or equipment;
(f) 
Any necessary measures to assure the integrity of storage vessels and piping;
(g) 
Any necessary measures for controlling toxic organic pollutants (including solvents);
(h) 
Any necessary procedures and equipment for emergency response;
(i) 
Any necessary follow-up practices to limit the damage suffered by the POTW or the environment; and
(j) 
For facilities located within the Borough, a copy of the approved spill plan shall be transmitted to the Borough by the user.
(2) 
All existing users shall complete such a plan within three months of notice to do so by the Department. No user who commences a new discharge to the POTW after the effective date of these regulations shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of these regulations.
(3) 
Notification. In the case of an accidental discharge, it is the responsibility of the user to immediately notify the Department of the incident by telephone. The notification shall include date, time and location of discharge, type of waste including concentration and volume, duration of discharge, and any corrective actions taken by the user.
(4) 
Written notice. Within five business days, unless a different period is prescribed by the City, following an accidental discharge, the user shall submit to the Department a detailed written report describing the cause of the discharge and the measures that will 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, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by these regulations or other applicable law.
(5) 
Notice to employees. A notice shall be permanently posted on the user's bulletin board(s) or other prominent places advising employees whom to call in the event of a dangerous discharge. Employers shall advise all employees who may cause or be injured by such a discharge of the emergency notification procedure.

§ 175-7 Administration. (501.4)

A. 
Wastewater discharges. All discharges to the POTW must be in compliance with these regulations.
B. 
Wastewater discharge permits.
(1) 
General permits. All significant industrial users proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 365 days after the effective date of these regulations.
(2) 
Permit requirements for trucked or hauled wastewater. Any person trucking or hauling wastewater to the POTW must first obtain a septage discharge permit. The following requirements/prohibitions apply to all trucked or hauled wastewater:
(a) 
All wastes are to be discharged only at the designated location contained in the user's septage discharge permit;
(b) 
All loads are to be sampled and approved prior to discharge;
(c) 
Only sanitary septic wastes are to be discharged unless prior written approval is given; and
(d) 
Sludges or grease-trap wastes shall not be discharged.
(3) 
Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the City a baseline monitoring report or other report as may be required by the City. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of these regulations, unless the City has previously issued such a permit which has not expired. New users shall apply at least 90 days prior to connecting to or contributing to the POTW. The City may waive the requirement for filing an application. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) 
Name, address, and location (if different from the address).
(b) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(c) 
Wastewater constituents and characteristics, including but not limited to those mentioned in § 175-5[1] of this chapter, as determined by a reliable analytical laboratory; 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; user shall follow the requirements of 40 CFR 403.12(b)(5), Measurement of Pollutants.
[1]
Editor's Note: See Section 501-2 of the City of Philadelphia Water Department's Regulations.
(d) 
Time and duration of contribution.
(e) 
Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
(g) 
Description of activities, facilities and plant processes on the premises including all materials, which are or could be discharged.
(h) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.
(i) 
Where additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
[1] 
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 pretreatment required for the user to meet the applicable pretreatment standards (e.g., completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);
[2] 
No increment referred to in Section [1] shall exceed nine months; and
[3] 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Department, including at a minimum whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Department.
(j) 
Each product produced by type, amount, process or processes and rate of production.
(k) 
Type and amount of raw materials processed (average and maximum per day).
(l) 
Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(m) 
Any other information as may be deemed by the City to be necessary to evaluate the permit application.
(n) 
The user shall submit a list of any environmental control permits held by or for the facility.
(4) 
The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater discharge permit subject to terms and conditions provided herein.
(5) 
Promulgation of additional National Categorical Pretreatment Standards: When additional and/or new National Categorical Pretreatment Standards are promulgated, any user subject to such additional or new standards shall apply for a wastewater discharge permit within 180 days of the promulgation of such standard. In addition, any user with an existing Wastewater Discharge Permit shall submit to the Department within 180 days of the promulgation of an applicable National Categorical Pretreatment Standard the information required by Subsection B(3)(h) and (i) of this section.
(6) 
Permit modifications. The Department may modify any existing permit for any of the following reasons:
(a) 
To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(b) 
Material or substantial alterations or additions to industrial users' operation which were not covered in the effective permit;
(c) 
A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
(d) 
Information indicating that the permitted discharge could in any manner adversely affect the POTW, personnel or receiving waters;
(e) 
Violation of any terms or conditions of this permit;
(f) 
Obtaining the permit by misrepresentation or failure to disclose fully all relevant facts; or
(g) 
Upon request of the industrial user, provided such request does not create a violation of any existing applicable requirements, standards, laws or rules and regulations.
(7) 
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this section and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
(a) 
Concentration and/or mass limits on the average and maximum wastewater constituents and characteristics;
(b) 
Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(c) 
Requirements for installation and maintenance of inspection and sampling facilities;
(d) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(e) 
Compliance schedules. The Department may, at its discretion, issue interim effluent limits as part of a Compliance Schedule;
(f) 
Requirements for submission of technical reports or discharge reports (see § 175-8[2] of this chapter);
[2]
Editor's Note: Section 501-5. of the City of Philadelphia Water Department's Regulations.
(g) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording the City and/or the Borough access thereto;
(h) 
Requirements for notification of the City and Borough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(i) 
Requirements for notification of slug discharges; and/or
(j) 
Other conditions as deemed appropriate by the Department to ensure compliance with this chapter.
(8) 
Public notice of permit issuance.
(a) 
Public notice of every proposed wastewater discharge permit shall be published by the Water Department in a newspaper of daily circulation within the geographical area of the discharge. The notice shall include at least the following:
[1] 
Name and address of each permittee;
[2] 
Each permittee's activity or operation which results in the discharge described in the wastewater discharge permit;
[3] 
Address and phone number of premises where a copy of the proposed permit may be requested; and
[4] 
Notice of the thirty-day comment period required by Subsection B(8)(b) of this section.
(b) 
There shall be a thirty-day period following publication of notice during which written comments may be submitted by the permittee or interested persons located within the Water Department's wastewater processing service area. The Commissioner will make his final determination on a proposed permit following the comment period. The period for comment may be extended at the discretion of the Commissioner for up to 30 additional days.
(c) 
The Commissioner shall issue the permit as soon as is practicable, and this shall be a final decision.
(9) 
Permit duration.
(a) 
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. Where the user has made a timely and complete permit renewal application, the existing permit shall continue in effect until a new permit is issued by the City. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(b) 
If a user wishes to contest any provisions of the permit, the user may file an appeal pursuant to the Philadelphia Home Rule Charter. The appeal shall specifically state all terms and/or conditions of the permit which are being challenged and shall state all reasons why the user believes the terms and/or conditions are inappropriate. The appeal shall be taken within 30 days of the user's receipt of the permit. Failure to appeal within this time period shall result in a waiver of all legal rights to challenge the terms and/or conditions of the permit. Where the permit has been appealed, the appeal shall only stay the contested terms and/or conditions of the permit and not the entire permit. The remainder of the permit remains in full force and effect.
(10) 
Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance written notice to the City and Borough and the City approves the wastewater discharge permit transfer. The notice to the City and Borough must include a written certification by the new owner or operator which:
(a) 
States that the new owner and/or operator has no immediate intent to change the facility's operation or processes;
(b) 
Identifies the specific date on which the transfer is to occur;
(c) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit; and
(d) 
Acknowledges full responsibility for correcting all preexisting violations, including but not limited to implementing corrective action plans and paying fines.
(11) 
Effective date. The permit becomes effective when signed by the Commissioner.

§ 175-8 Reporting requirements. (501.5)

A. 
Report on compliance with National Categorical Pretreatment Standards deadline (ninety-day compliance report). Within 90 days following the date for final compliance with applicable National Categorical Pretreatment Standards or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards or requirements shall submit to the control authority a report containing the information described in 40 CFR 403, 12(b)(4) through (6). For industrial users subject to equivalent mass or concentration limits established by the control authority 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 industrial users subject to National 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.
B. 
Periodic compliance reports.
(1) 
The reporting periods shall run from January 1 to June 30 and from July 1 to December 31. Every SIU shall submit to the Department during the months of July and January, unless required in different months or more frequently by the Department, a periodic compliance report for the preceding reporting period. The periodic compliance report shall contain, at minimum, the following:
(a) 
The results of the monitoring program conducted by the industrial user, including all sample results, sampling frequency and sample type (grab or composite). All analyses 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, and amendments thereto, or other test procedures approved by the EPA. Samples and measurements taken for purposes of the monitoring requirements shall be representative of the monitored activity;
(b) 
Wastewater flow data for the reporting period;
(c) 
A statement as to whether or not the industrial user has achieved compliance with all pretreatment standards or requirements;
(d) 
If the industrial user has not achieved compliance with all pretreatment standards or requirements, a proposed schedule indicating what additional pretreatment and/or operations and maintenance will be required to achieve compliance in the shortest time; and
(e) 
The following certification statement, signed and dated by an authorized representative of the industrial user.
"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."
C. 
Notification of changed discharge. All industrial users shall promptly notify the Department and Borough in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p), and which is found in Subsection D of this section and Section IV(F) of the Permit Standard Conditions.
D. 
Hazardous waste notification requirements.
(1) 
The industrial user shall notify the City, Borough, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge to the City and the Borough collection system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 (RCRA). Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the City and the Borough collection system, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Any notification under this section need be submitted only once for each hazardous waste discharged. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements.
(2) 
The industrial user is exempt from the requirements of Subsection D(1) of this section during a calendar month in which it discharges no more than 15 kilograms of hazardous wastes, if allowed under its permit, unless the wastes are RCRA acute hazardous wastes, which requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste, where allowed by its permit, do not require additional notification.
(3) 
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 industrial user must notify the City, Borough, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) 
In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
E. 
Closure statement. If an industrial user requests modification or termination of the industrial user's wastewater discharge permit due to ceasing all or part of the process(es) regulated by the permit, the industrial user shall submit to the City and Borough, in writing, a closure statement which shall contain, at a minimum, the following:
(1) 
Company name and address [that at which regulated process(es) are or were located];
(2) 
Name and telephone number of company contact person;
(3) 
Closure date(s) of regulated process(es);
(4) 
List of other process(es) that will continue to operate at same location;
(5) 
Indication of whether a water shutoff request has been filed if entire facility has/will shut down;
(6) 
Ultimate plans for disposal of building(s), equipment and materials;
(7) 
Schedule for Subsection E(6) above;
(8) 
Receipts and manifests for disposal of hazardous wastes/materials, etc.; and
(9) 
A certification statement, signed and dated by an authorized representative of the industrial user, as required by 40 CFR 403.6(a)(2)(ii) and § 175-16 of this chapter, and which is also found at Section VI(D) of the Permit Standard Conditions.
F. 
Notice of potential problems. The industrial user shall notify the City and Borough immediately of all discharges which could cause problems to the POTW, including spills or slug discharges by industrial user.
G. 
Notice of indication of violation. If sampling performed by an industrial user indicates a violation, the user shall notify the City and Borough within 24 hours of becoming aware of the violation, and submit to the City and Borough within five business days, unless otherwise specified, a detailed written report describing the discharge and the measures taken to prevent similar future occurrences. User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City and Borough within 30 days of becoming aware of the violation.
H. 
Surcharge reports. The City may require any user subject to wastewater surcharge rates to file surcharge reports on a quarterly or more frequent basis. These surcharge reports shall contain information necessary to calculate surcharge billings, which includes but is not limited to flow, BOD and suspended solids.
I. 
Responses to notices of violations and notices of significant noncompliance. All users shall respond in writing to notices of violations and notices of significant noncompliance within 15 days of their receipt of these notices or as otherwise required in the notices. The written response must state the reasons for the violation(s), all actions that have or will be taken to return to compliance, and when full compliance will be achieved.
J. 
Baseline monitoring reports. Any user receiving a baseline monitoring report form shall complete the form by providing all information requested therein and shall return the completed form to the POTW within 30 days, upon its receipt.

§ 175-9 Monitoring facilities. (501.6)

A. 
The City shall require to be provided and operated, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B. 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
C. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City of Philadelphia's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the City.

§ 175-10 Inspection and sampling. (501.7)

A. 
The City and/or Borough may inspect a user's facilities to determine compliance with pretreatment standards or requirements. Persons or occupants of premises where wastewater is or may be created or discharged shall allow the City and/or the Borough, or their representative, ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, copying of records or for the performance of any of their duties.
B. 
The City and/or the Borough shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
C. 
Where a user has security measures in force which would 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, personnel from the City and/or the Borough shall be permitted to enter without delay for the purposes of performing their specific responsibilities.

§ 175-11 Pretreatment. (501.8)

Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all pretreatment standards or requirements. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. A pretreatment facilities report containing detailed plans showing the pretreatment facilities and detailed operating procedures shall be submitted to the City for review and shall be acceptable to the City before construction or operation of the facility. Any user currently operating that has not submitted a pretreatment facilities report shall submit this report to the City within 15 days of the City of Philadelphia's request for this report. The review of such plans and operating procedures will in no way relieve the user from its responsibility of providing an effluent which complies with all pretreatment standards or requirements. A user shall report in writing to the City any changes in its pretreatment facilities, method of operation or nature or characteristics of the wastewater prior to implementing such changes.

§ 175-12 Recordkeeping requirements. (501.9)

All users shall retain all records relating to compliance with pretreatment standards or requirements for a period of at least three years and shall follow all requirements of 40 CFR 403.12(0). The period of retention shall be automatically extended during the course of any unresolved dispute between the user and the Department, or when the Department so requests. Upon request, these records shall immediately be made available to the City and/or the Borough for inspection and copying.

§ 175-13 Duty to mitigate. (501.10)

Industrial user shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with any pretreatment standards or requirements, including such accelerated or additional monitoring as is necessary to determine the nature and impact of the noncomplying discharge.

§ 175-14 Confidential information. (501.11)

A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. 
When requested by the person furnishing a report, 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 upon written request by governmental agencies for uses related to this regulation, the City of Philadelphia National Pollutant Discharge Elimination System (NPDES) Permit, state disposal system permit and/or the pretreatment program, and for use by state and federal government or any state or federal agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

§ 175-15 Public notification. (501.12)

The City shall publish, at least semiannually in the daily newspaper with the largest circulation, a list of the users which were in significant noncompliance, as defined in § 175-20 of this chapter, during the previous six months. The notification may also summarize any enforcement actions taken against the user(s) during the same six months.

§ 175-16 Certification requirement. (501.13)

All reports, including but not limited to baseline monitoring reports, reports on compliance with categorical pretreatment standards and periodic compliance reports, shall include the certification statement set forth in 40 CFR 403.6(a)(2)(ii), and which is found in § 175-8B of this chapter and of these regulations and Section IV(D) of the Permit Standard Conditions.

§ 175-17 Signatory requirements. (501.14)

All reports, including but not limited to baseline monitoring reports and periodic compliance reports, shall be signed by an authorized representative of the user, as specified at 40 CFR 403.12(1).

§ 175-18 Enforcement. (501.15)

A. 
Emergency suspensions.
(1) 
Notwithstanding any other provisions of these regulations, the City may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which:
(a) 
Presents or may present an imminent or substantial endangerment to the health or welfare of persons;
(b) 
Presents or may present an imminent or substantial endangerment to the environment;
(c) 
May cause or actually causes interference to the POTW; or
(d) 
May cause or causes the City to violate any condition of its NPDES Permit.
(2) 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate all contributions.
(3) 
Should the person fail to immediately comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including but not limited to termination of water service and/or immediate severance of the sewer connection.
(4) 
The City shall revoke its emergency suspension order and restore wastewater and/or water service once the following information has been provided to and accepted by the City:
(a) 
A detailed written report describing the cause(s) of the harmful contribution and indicating what measures have been taken to prevent any future occurrence of same; and
(b) 
Proof of the elimination of the harmful discharge.
(5) 
Revocation of an emergency suspension order and restoration of wastewater and/or water service shall not preclude the City from taking any other enforcement action as permitted under Subsections B through J, inclusive, of this section and § 175-20 of this chapter.
B. 
Revocation of permit. Any user who violates these regulations, the wastewater discharge permit, or any applicable federal, state or local law is subject to having his wastewater discharge permit revoked in accordance with the procedures of Subsection C of this section. Revocation of a user's permit requires the user to immediately cease all wastewater contributions.
C. 
Procedure for revocation of permit.
(1) 
Whenever the City finds that any user has violated or is violating any pretreatment standards or requirements, the City may serve personally or by regular or certified mail upon such person a notice of revocation stating the nature of the violation(s). Notice by regular mail alone shall be deemed sufficient notice.
(a) 
Within 15 days of the date of the notice of revocation, the user shall respond in writing. The response must state why the violation occurred, the steps taken to prevent its recurrence, and whether the violation has been corrected. If the response indicates that the violation has not been corrected, the response shall contain a plan for the immediate correction of the violation.
(b) 
The Commissioner shall consider the user's response, if any, before rendering his final determination order. The Commissioner's final determination order may direct that:
[1] 
The user's permit be immediately revoked;
[2] 
The user's permit be revoked on a specified future date unless adequate treatment facilities, devices or other related appurtenance shall have been installed and existing treatment facilities, devices or other related appurtenances are properly operated; or
[3] 
The user's permit shall continue in effect.
(2) 
Further orders and directives as are necessary and appropriate may be issued.
D. 
Enforcement of permit revocation.
(1) 
If the user fails to immediately cease all wastewater discharges upon the revocation of his wastewater discharge permit, the Commissioner may order any of the following actions to be taken:
(a) 
Immediate termination of the user's water service;
(b) 
Immediate severance of the user's sewer connection; or
(c) 
Any other action designed to immediately terminate the user's wastewater discharge.
(2) 
All costs related to terminating or reinstating after termination the user's water and/or sewer service shall be borne by the user.
E. 
Reissuance of permit after revocation.
(1) 
Where a user has failed to respond to a notice of revocation in accordance with Subsection C of this section and/or has failed to comply with the Commissioner's final determination order, the City may decline to reissue a permit.
(2) 
No permit shall be reissued until the user has submitted and completed a corrective action plan which will ensure compliance with all pretreatment standards or requirements.
(3) 
Prior to reissuance of a permit, the City may require the user to:
(a) 
File with the City a performance bond payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance; or
(b) 
Submit proof that it has obtained liability insurance acceptable to the City, sufficient to restore or repair the POTW for damages that may be caused by the user's discharge.
F. 
Procedure for terminating discharge against nonpermitted users.
(1) 
Whenever the City finds that any user has violated or is violating any pretreatment standards or requirements, the City may serve personally or by regular or certified mail upon such user a notice of the City of Philadelphia's intent to terminate the user's discharge, along with a description of the user's violation(s). Notice by regular mail shall be deemed sufficient notice.
(2) 
Within 15 days from the date of the notice of the City of Philadelphia's intent to terminate, the user shall respond in writing. The user's response shall include a plan for the satisfactory correction of the violation(s).
(3) 
The Commissioner shall consider the user's response, if any, before rendering his final determination order. The Commissioner's final determination order may direct that:
(a) 
The user immediately cease all wastewater contributions;
(b) 
The user be prohibited from contributing wastewater into the POTW unless adequate treatment facilities are installed and operating; or
(c) 
The user may continue his wastewater contribution.
(4) 
Further orders and directives as are necessary and appropriate may be issued.
(5) 
If a user fails to immediately comply with the Commissioner's final determination order, the Commissioner may enforce his order, by taking any or all of the actions stated in Subsection D of this section. In addition, the Commissioner may use any other administrative, legal, or equitable relief available.
(6) 
After termination, the user may apply to the Commissioner to once again contribute wastewater into the City of Philadelphia system and/or the Borough collection system. The Commissioner may accept, deny, or condition his acceptance of the application pursuant to Subsection E of this section.
G. 
Administrative orders.
(1) 
Whenever a user has violated or continues to violate any pretreatment standards or requirements, the Commissioner may issue an administrative order requiring the user to correct the violations and to return to compliance. The order may require that any of the following actions be taken:
(a) 
Install new or additional pretreatment facilities to ensure compliance with all pretreatment standards or requirements;
(b) 
Make operational changes to ensure compliance with all pretreatment standards or requirements;
(c) 
Meet interim and/or final deadlines by which actions and/or compliance must be achieved;
(d) 
Conduct additional self-monitoring and additional reporting;
(e) 
Require remediation of any damage done to the POTW or the environment;
(f) 
Establish interim effluent limits;
(g) 
Require the user's wastewater discharge permit to be amended in accordance with these regulations;
(h) 
Require the user to submit information and reports;
(i) 
Pay fines in accordance with § 175-20 of this chapter; and/or
(j) 
Take any other action which the Commissioner deems necessary to ensure both present and future compliance with all pretreatment standards or requirements.
(2) 
If the user fails to comply with the administrative order, the user's wastewater and/or water service may be terminated. The issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user. If the user wishes to contest the administrative order, it shall file its appeal pursuant to the Philadelphia Home Rule Charter within 30 days. Failure to appeal within this time period shall result in a waiver of all legal rights to contest the violation or any provisions contained in the order.
H. 
Administrative consent orders. The Commissioner may enter into administrative consent orders establishing an agreement with any user. An administrative consent order may contain any or all of the provisions contained in Subsection G of this section, administrative orders. Administrative consent orders shall have the same force and effect as administrative orders.
I. 
Legal action. If any person violates any pretreatment standards or requirements, the City Solicitor may commence an action for appropriate legal and/or equitable relief in the appropriate court.
J. 
Injunctive relief. If an industrial user violates any pretreatment standards or requirements, the City, through counsel, may petition the court for the issuance of a temporary restraining order, a preliminary or permanent injunction (as may be appropriate) which restrains or compels the activities on the part of the industrial user.

§ 175-19 Fees. (501.16)

A. 
Purpose. It is the purpose of this section to provide for the recovery of costs from users of the City of Philadelphia wastewater disposal system and/or of the Borough collection system for the implementation of the program established herein.
B. 
Charges and fees.
(1) 
All industrial users applying for or issued a permit after the promulgation of these regulations shall pay a fee of $500 per permit application.
(2) 
The City and/or the Borough may adopt charges and fees which may include:
(a) 
Fees for reimbursement of costs of setting up and operating the City of Philadelphia pretreatment program;
(b) 
Fees for monitoring, inspections and surveillance procedures;
(c) 
Fees for reviewing accidental discharge procedures and construction;
(d) 
Other fees as the City and/or Borough may deem necessary to carry out the requirements contained herein; and/or
(e) 
Fees for reimbursement of costs of setting up and operating the Borough's wastewater control program.
(3) 
These fees relate solely to the matters covered by these regulations and are separate from all other fees chargeable by the City and/or the Borough. The Department reserves the right to change the fees set forth herein.

§ 175-20 Civil penalty assessment policy. (501.17)

A. 
Purpose. The purpose of this section is to enact a civil penalty assessment policy pursuant to the Publicly Owned Treatment Works Penalty Law, Act No. 1992-9.
B. 
Scope. The POTW Penalty Law allows the City, as the owner and operator of publicly owned treatment works with an approved pretreatment program, to assess civil penalties of up to $25,000 per violation of any pretreatment standards or requirements, per day. Each term, condition or parameter violated shall constitute a separate and distinct offense. Each day on which a violation occurs or continues to occur shall constitute a separate and distinct offense. In developing this Civil Penalty Assessment Policy, the City considered the following factors:
(1) 
The damage to air, water, land or other natural resources of this City, the Borough and commonwealth and their uses;
(2) 
Cost of restoration and abatement;
(3) 
Savings resulting to the person in consequence of the violation;
(4) 
History of past violations;
(5) 
Deterrence of future violations;
(6) 
Harm and/or potential harm to the POTW and/or its employees;
(7) 
Whether the violation resulted or could have resulted in the POTW violating its NPDES Permit; and/or
(8) 
Whether the violation resulted or could have resulted in the POTW violating any law or regulation affecting its sludge disposal options.
C. 
Mandatory civil penalties. Civil penalties shall be assessed against any industrial user in significant noncompliance (hereinafter referred to as "SNC") with any pretreatment standards or requirements. The amount of the civil penalty shall be calculated in accordance with Subsections E, F and G of this section. An industrial user is in significant noncompliance if it meets one or more of the following criteria:
(1) 
If 33% or more of all samples taken for any single parameter during a six-month period demonstrate exceeding, by any amount, the daily maximum effluent limitation or the monthly average limitation;
(2) 
Monitoring for any parameter less than 66% of the total sampling events required by the permit;
(3) 
Discharging without the required permit under the Wastewater Control Regulations;
(4) 
Any violation of any pretreatment effluent limit that the Department determines has caused, either alone or in combination with any other discharges, interference or passthrough;
(5) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the Department's exercise of its emergency authority;
(6) 
Violation by 45 days or more of the scheduled date of compliance with milestones for starting construction, completing construction, attaining final compliance or any other milestone event described in any compliance schedule;
(7) 
Failure to provide any required reports, such as baseline monitoring reports, ninety-day, compliance reports, periodic-compliance reports, spill or slug discharge reports, surcharge reports, responses to notices of violation or notices of significant noncompliance, compliance schedule reports, pretreatment facilities report or any other report required by law or permit, within 30 days after the report's due date;
(8) 
Failure to report noncompliance accurately; and/or
(9) 
Any other violation or group of violations that:
(a) 
Adversely affects the operation or implementation of the local pretreatment program; or
(b) 
Either alone or in conjunction with any other discharge causes harm to the POTW.
D. 
Discretionary civil penalties. Civil penalties are discretionary where an industrial user's violation(s) of the pretreatment standards or requirements do not constitute significant noncompliance as defined in Subsection C of this section. In exercising its discretion as to whether to assess civil penalties for these violations, the City shall consider the following factors:
(1) 
Compliance history. The City shall examine the industrial user's compliance history for the specific term or condition now being violated as well as the industrial user's compliance history with all other pretreatment standards or requirements;
(2) 
Reasons for noncompliance;
(3) 
Magnitude of violation;
(4) 
Good-faith compliance efforts. Good-faith compliance efforts consist of the following actions:
(a) 
Whether the industrial user properly notified the City of the violation;
(b) 
Whether the industrial user responded to the notice of violation within 15 days as required in the notice;
(c) 
The corrective actions the industrial user has taken or will take to ensure a return to compliance; or
(d) 
The timeliness of these corrective actions.
(5) 
Where it is determined that a civil penalty should be levied under this section, the amount of the civil penalty shall be calculated in accordance with Subsections E, F and G.
E. 
Civil penalty. The calculation of the civil penalty which shall be assessed shall be in conformity with this subsection and Subsections F and G of this section.
(1) 
In this subsection, violations of pretreatment standards or requirements are contained in Column I of the Civil Penalty Grid. (See Note 1, immediately after the Grid, for further explanation.) Once the specific type of violation has been identified in the Civil Penalty Grid, the appropriate range of civil penalties for the violation is selected from either Column II, III or IV. (See Notes 2, 3 and 4 for further explanation on the selection of civil penalty ranges.) Once the range of fines is selected, the precise civil penalty within that range is determined by considering the factors enumerated in Column V. (See Note 5 for further explanation in applying the selection factors.) Finally, there are two exceptions to the general rules in using this Civil Penalty Grid. (See Note 6 for further explanation.)
Civil Penalty Grid
Column I
Column II
Column III
Column IV
Column V
Non-SNC or First SNC Violations1
Second Consecutive SNC Notification2
Third Consecutive SNC Notification or Causes or Contributes to Passthrough or Notification3
Selection Interference4
Factors5
1.
Daily or hourly effluent limits
$300 to $5,000
$5,000 to $15,000
$15,000 to $25,000
B, A, C, D
2.
Monthly average effluent limits
$300 to $9,000
$3,000 to $12,000
$12,000 to $25,000
B, A, C, D
3.
Self-monitoring (sampling)
$300 to $5,000
$5,000 to $15,000
$15,000 to $25,000
B, D, C
4.
Reporting
$300 to $1,000
$1,000 to $5,000
$5,000 to $25,000
B, D, C
5.
Incomplete reporting
$300 to $5,000
Not applicable
N/A
B, E, D
6.
Intentional falsification of reports or data or knowingly rendering any monitoring device or method inaccurate
$25,000
N/A
N/A
N/A
7.
Spills or slug discharges
$300 to $10,000
N/A
$15,000 to $25,000
B, A, C, D
8.
Unauthorized discharge
$300 to $10,000
N/A
$10,000 to $25,000
A, D
9.
Compliance schedule completion dates
$300 to $5,000
$5,000 to $15,000
$15,000 to $25,000
F, D
10.
Dilution to meet effluent limits
$300 to $25,000
N/A
N/A
B, D
11.
Inadequate recordkeeping4
$300 to $5,000
$5,000 to $15,000
$15,000 to $25,000
B, D, E
12.
Failure to admit authorized personnel
$300 to $10,000
$10,000 to $25,000
N/A
D, B
13.
Failure to notify of any substantial change in volume of pollutants in discharge [see 40 CFR 403.21(j)]
$300 to $10,000
N/A
$10,000 to $25,000
B, A, C, D
14.
Failure to mitigate noncompliance
$300 to $10,000
N/A
$10,000 to $25,000
A, B, C, D
15.
Improper disposal of pretreatment sludges and spent chemicals
$300 to $10,000
N/A
$10,000 to $25,000
B, D
16.
Unauthorized bypass
$300 to $10,000
N/A
$10,000 to $25,000
C, A
(2) 
Explanatory notes to Civil Penalty Grid:
(a) 
Note Number 1. Column I contains a list of 16 categories of pretreatment standard or requirement violations. These 16 categories of violation should be all inclusive, covering all possible types of pretreatment standards or requirement violations. If, however, a violation occurs which does not fall within one of the 16 categories, then the civil penalty for that violation shall be assessed in accordance with the method used for assessing civil penalties for violation of daily or hourly effluent limits. The 16 categories of pretreatment standards or requirements violations found in Column I are explained in greater detail immediately below:
[1] 
Daily or hourly effluent limits: This category consists of violations of the effluent discharge limits for daily or hourly discharges.
[2] 
Monthly average effluent limits: This category addresses violations of the monthly average effluent limits.
[3] 
Self-monitoring (sampling): Permitted industrial users must sample their effluent in accordance with the terms and conditions of their wastewater discharge permits. Violations of these self-monitoring requirements are addressed in this category. Examples of these violations include, but are not limited to, the following:
[a] 
Failure to sample for any required parameters;
[b] 
Failure to follow proper sampling protocols;
[c] 
Failure to sample at the appropriate point;
[d] 
Failure to sample as frequently as required in the wastewater discharge permit.
[4] 
Reporting: The industrial user is subject to numerous reporting and notification requirements. Failure to provide any of these reports and notifications, or providing these reports and notifications in an untimely fashion, is addressed in this category. These reports and notifications include, but are not limited to, the following:
[a] 
Baseline Monitoring Reports;
[b] 
Ninety-day compliance reports [40 CFR 403.12(d)];
[c] 
Periodic compliance reports;
[d] 
Spill plans;
[e] 
Responses to notices of violations or notices of significant noncompliance;
[f] 
Surcharge reports;
[g] 
Reports required pursuant to any compliance schedule, administrative order or consent decree;
[h] 
Notification of spill or slug discharge; follow-up written report within five days of spill or slug event;
[i] 
Reporting sampling noncompliance within 24 hours of becoming aware of violation; reporting first sample result showing a return to compliance;
[j] 
Application for wastewater discharge permit or late application;
[k] 
Hazardous waste notification, pursuant to 40 CFR 403.12(p); and
[l] 
Pretreatment facilities reports.
[5] 
Incomplete reporting: In this category, reports and notifications are timely submitted but contain errors or omissions.
[6] 
Intentional falsification of reports or data or knowingly rendering any monitoring device or method inaccurate: in this category, where the industrial user has intentionally falsified reports or data, the maximum penalty of $25,000 per falsification will be assessed. Similarly, where the industrial user knowingly renders any monitoring device or method inaccurate, this category requires that the maximum penalty be assessed.
[7] 
Spills or slug discharges: A spill or slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch discharge. Violations as the result of spills or slug discharges are addressed in this category.
[8] 
Unauthorized discharge: This category includes three types of violations: first, where an industrial user required to have a permit discharges pollutants without a wastewater discharge permit; second, where an already permitted industrial user is discharging pollutants from a regulated process which has not been specifically approved by the City and controlled by the user's wastewater discharge permit (Please note that each pollutant discharged without a permit constitutes a separate and distinct offense); third, any discharge violating § 175-6 of this chapter.[1]
[1]
Editor's Note: Section 501.3 of the City of Philadelphia Water Department's Regulations.
[9] 
Compliance schedule completion dates: In administrative orders and consent decrees there will often appear compliance schedules for returning the industrial user to compliance. This category addresses violations of the compliance schedule completion dates. (Please note that where the administrative orders or consent decrees contain stipulated penalties for violation of the compliance schedule dates, the stipulated penalties contained therein shall constitute the exclusive civil penalties available for these violations. Therefore, in these cases, the Civil Penalty Grid will not be used.)
[10] 
Dilution to meet effluent limits: This category addresses the situation where the industrial user is using dilution to achieve compliance with any effluent limit.
[11] 
Inadequate recordkeeping: This category includes any violations of the pretreatment standards or requirements involving recordkeeping and storage.
[12] 
Failure to admit authorized personnel: This category involves an industrial user's refusal to allow a City and/or Borough representative ready access to a facility for purposes of inspection, sampling, records examination and/or copying or for the performance of any other duty.
[13] 
Failure to notify of any substantial change in the volume or character of pollutants in discharge: This category involves any violations resulting from the industrial user's failure to comply with the advance notification of changed discharge requirements contained in 40 CFR 403.12(j).
[14] 
Failure to mitigate noncompliance: An industrial user has an obligation to mitigate its noncompliance. Violation of this obligation is addressed in this category.
[15] 
Improper disposal of pretreatment sludges and spent chemicals: Industrial users must dispose of hazardous sludges and spent chemicals in accordance with all applicable laws, including but not limited to the Clean Water Act and the Resource Conservation and Recovery Act.
[16] 
Unauthorized bypass: Industrial users processing regulated waste streams through their pretreatment facilities are prohibited from bypassing such pretreatment facilities unless they notify the City and Borough in advance of any bypass and obtain the City's prior written approval authorizing such bypass.
(b) 
Notes 2, 3, and 4. After the category of violation has been identified, there are several ranges of civil penalties which can be assessed for the violation. Notes 2, 3 and 4 define the appropriate range to be selected.
[1] 
Note 2, Column II, Non-SNC or first SNC notification: If the violation does not rise to the level of significant noncompliance (SNC) as defined in Subsection C of this section, the appropriate fining range is therefor contained in Column II. If the violation does constitute SNC as defined in Subsection C, and this is the first time that the industrial user has been notified that it is in SNC for that specific standard or requirement, then the appropriate fining range is, again, contained in Column II.
[2] 
Note 3, Column III, Second consecutive SNC notification: This range of civil penalties applies where the industrial user has received a second notice of significant noncompliance for the same standard or requirement in two consecutive six-month periods. Where a notice of SNC is issued for any standard or requirement, and there was no notice of SNC issued for the standard or requirement in the previous six-month period, the appropriate range reverts to Column II. If as the result of the issuance of the first SNC notice, the industrial user has been issued an administrative consent order or is subject to a consent decree, and stipulated penalties are contained therein, then the stipulated penalties shall be the exclusive method for assessing future civil penalties for as long as the stipulated penalty provision remains in effect.
[3] 
Note 4, Column IV, Third consecutive SNC notification or causes or contributes to passthrough or interference: This range of civil penalties applies in two situations. First, where the industrial user has received a third consecutive notice of SNC for the same standard or requirement. Second, where the violation has caused or contributed to "passthrough" or "interference," as defined in § 175-5 of this chapter. Again, where an administrative consent order or consent decree provides for stipulated penalties, the stipulated penalties shall be the exclusive method for assessing future civil penalties for as long as the stipulated penalty provision remains in effect.
(c) 
Note 5.
[1] 
Once the type of violation has been identified in Column I, and the appropriate range of civil penalties selected from Columns II, III and IV, the precise civil penalty within the appropriate range must be selected. Selection of the precise civil penalty will be based on those selection factors appropriate for each type of violation which are found in Column V. The six selection factors are lettered A through F as follows:
A
Severity of violation
B
Specific compliance history
C
General compliance history
D
Reasons for violation
E
Completeness
F
Consent decree or administrative order
[2] 
Most violations found in Column I contain numerous selection factors which must be considered in selecting the precise civil penalty. The selection factors appropriate for each violation are listed in their order of importance and weight which should be given each factor. The first factor listed should be given the greatest weight; the second factor the second greatest weight, etc. Although the relative weight given each factor is determined by its order of listing, the absolute weight has not been provided. This is because violations, and the circumstances surrounding and causing them, are too different and complex to be resolved in a mathematical formula. This can only be determined on a case-by-case basis.
[3] 
Selection factors A through F are explained in greater detail immediately below:
A
Severity of violation. This factor considers the degree of severity of effluent violations in three different ways. First, the frequency of violation should be considered; next, the level of exceedance should be considered; and finally, the violations should be considered from total mass perspective.
B
Specific compliance history. This factor considers whether and how often in the past the industrial user has violated the parameter for which it is now being fined.
C
General compliance history. This factor considers the industrial user's present and past overall compliance with all pretreatment standards or requirements.
D
Reasons for violation. (self-explanatory)
E
Completeness. For the violation categories incomplete reporting and inadequate recordkeeping, the level and/or degree of omissions and errors shall be considered.
F
Consent decree or administrative order. For the violation category compliance schedule completion dates, the industrial user's past and present history of compliance with the decree or administrative order should be examined.
[4] 
Finally, although addressed separately in Subsections F and G of this section for all categories of violations, the economic benefit of noncompliance and any damages, costs and fines must be recovered in selecting the precise civil penalty within the appropriate range.
(d) 
Note 6.
[1] 
For most violations, the appropriate range of penalties is selected by the criteria discussed in Notes 2, 3 and 4. However, for the categories of inadequate recordkeeping and failure to admit personnel, the appropriate ranges are selected differently.
[2] 
For these categories, the civil penalty range moves from Column II to III if that industrial user has ever in the past been cited for a violation in that category. The violations do not need to rise to the level of SNC nor do they need to occur in consecutive six-month periods.
[3] 
Similarly, the civil penalty range moves to Column IV for these two categories of violations if the industrial user has been cited twice or more, at any time in the past, for the same category of violation.
F. 
Economic benefit of noncompliance.
(1) 
In all cases, the civil penalty assessed shall exceed the economic benefit of noncompliance gained by the industrial user as a result of not complying with the pretreatment standards or requirements. The economic benefit of noncompliance is that amount of both capital and operating funds saved by the industrial user by either failing or delaying to install and/or operate the necessary pretreatment to achieve compliance with all pretreatment standards or requirements. The City may use the Guidance Manual for POTWs to Calculate the Economic Benefit of Noncompliance, U.S. Environmental Protection Agency, September 5, 1990, or any subsequent revision, to assist it in calculating the economic benefit of noncompliance.
(2) 
If a situation arises where the amount assessed under the Civil Penalty Grid in § 175-20E of this chapter fails to exceed the economic benefit of noncompliance, then the Civil Penalty Grid shall not be used to determine the civil penalty. Rather, the City shall set the civil penalty by first calculating the economic benefit of noncompliance. Next, the amount calculated to be the economic benefit of noncompliance shall be increased by anywhere from 10% to 100%. This increased amount shall constitute the civil penalty. (Simply assessing the economic benefit of noncompliance fails to penalize the industrial user.)
(3) 
In determining the appropriate increase factor (anywhere from 10% to 100%) the City shall consider the severity of the violations, the reason for the violation and how quickly the industrial user abates the violation.
G. 
Recovery of damages, costs and fines.
(1) 
In all cases, the civil penalty shall, at a minimum, be set so that it fully compensates the City for any damage or injury to the POTW, its employees, the POTW's sludge or the environment. Any and all costs incurred by the City to correct or compensate for the damage or injury shall also be fully recovered in the civil penalty. Costs shall include, but not be limited to, attorney's fees, court costs, court reporter fees and other expenses associated with enforcement activities, as well as all sampling and monitoring expenses related to discovering, enforcing and maintaining the industrial user's compliance. Where violation of the pretreatment standards or requirements causes, either alone or in conjunction with a discharge or discharges from other sources, the City to violate any local, state or federal law or regulation, and the City is fined for this violation, the civil penalty assessed shall fully reimburse the City for the fine paid.
(2) 
If a situation arises where the amount assessed under the Civil Penalty Grid fails to fully compensate the City for all damages, costs and fines, then the Civil Penalty Grid shall not be used to determine the civil penalty. Rather, the City shall set the civil penalty by first calculating all damages, costs and fines to the City resulting from the violation. Next, this amount shall be increased by anywhere from 10% to 100%. This increased amount shall constitute the civil penalty.
(3) 
In determining the appropriate increase factor (anywhere from 10% to 100%) the City shall consider the extent and nature of the damage, its impact on the POTW, the reasons for the violation and how quickly the industrial user corrects the damage.
H. 
Civil penalty appeal. The industrial user charged with the penalty shall have 30 days to pay the proposed penalty in full or, if the industrial user wishes to contest either the amount of the penalty or the fact of the violation, the industrial user must file an appeal, pursuant to the Philadelphia Home Rule Charter. Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.

§ 175-21 Severability. (501.18)

If any provision, paragraph, word, section, or article of these regulations is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapter shall not be affected and shall continue in full force and effect.

§ 175-22 Conflict. (501.19)

All other regulations and parts of other regulations inconsistent or conflicting with any part of these regulations are hereby repealed to the extent of such inconsistency or conflict.

§ 175-23 Effect of regulations. (501.20)

These regulations shall apply to the City and to persons outside the City who are, by contract or agreement with the City, users of the POTW.