[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 3-22-2004 by Ord. No. 2004-1. Amendments noted where applicable.]
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.
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.
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.
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.
A.
ACT or THE ACT or CLEAN WATER ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD5)
BOROUGH
BUILDING SEWER
BYPASS
CATEGORICAL STANDARDS
CITY
COLLECTOR SYSTEM
COMMISSIONER
COMMONWEALTH
COMPOSITE SAMPLE
CONTROL AUTHORITY
COOLING WATER
DAILY MAXIMUM
DEPARTMENT
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER or USER
INTERFERENCE
(1)
(2)
(3)
(a)
(b)
(c)
MONTHLY AVERAGE
NATIONAL CATEGORICAL PRETREATMENT STANDARDS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
NONDOMESTIC USERS
PASSTHROUGH
PERSON
PH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT or TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT STANDARDS OR REQUIREMENTS
PROCESS WASTEWATER
PUBLICLY OWNED TREATMENT WORKS (POTW)
SHALL AND MAY
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
SOLID WASTE BY-PRODUCTS
SPILL or SLUG DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE COMMONWEALTH
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in these regulations, shall have the following
meanings:
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.
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.
In the case of a corporation, a president, secretary, treasurer
or vice president of the corporation in charge of a principal business
function;
In the case of a partnership or proprietorship, a general partner
or proprietor; and
A duly authorized representative of the individual designated
above, if:
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)].
The Borough of Jenkintown, Montgomery County, Commonwealth
of Pennsylvania.
A private sewer conveying wastewater from the premises of
a user to the City wastewater system and/or Borough collection system.
The intentional diversion of waste streams from any portion
of an industrial user's pretreatment facility.
National Categorical Pretreatment Standards.
The City of Philadelphia.
All piping leading to a treatment plant, including those
pipes connected to a combined sewer overflow which lead directly to
a receiving stream.
The Water Commissioner of the City of Philadelphia or his
designee.
The Commonwealth of Pennsylvania.
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).
The term "control authority" shall refer to the City of Philadelphia
Water Department and/or the City Water Commissioner.
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.
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.
Water Department of the City of Philadelphia.
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.
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.
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.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollutants, including
holding tank waste, into the POTW.
Any person that introduces an indirect discharge regulated
under the Act, state or local law to the POTW.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
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.
In addition, "interference" shall mean the following:
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.
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.
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.
The arithmetic mean of the values for effluent samples collected
over a calendar month.
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.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act, which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section.
Commercial, industrial or municipal users who discharge to
the POTW.
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).
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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
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.
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
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).
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.
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.
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" is mandatory; "may" is permissive.
The term "significant industrial user" shall mean the following:
Any industrial user subject to any National Categorical Pretreatment
Standard;
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
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.
Materials related to POTW operations, which include but are
not limited to grit, scum, screenings, incinerator ash, sludges and
dredge spoils.
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.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
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)].
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.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
whether treated or untreated.
As set forth in § 175-7B of these regulations.
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.
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.
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;
(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:
(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.
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;
(8)
Receipts and manifests for disposal of hazardous wastes/materials,
etc.; and
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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:
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:
(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:
(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.
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;
(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.
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.
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
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.
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:
[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.
|
(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.
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.
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.
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.
