Borough of Moosic, PA Lower Lackawanna Valley Sanitary Authority: Wastewater Collection and Treatment

To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system, contaminate the resulting sludge, or be difficult to treat by conventional means;

To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving streams or the atmosphere or otherwise be incompatible with the system;

To improve the opportunity to recycle and reclaim wastewater and sludges from the system;

To provide for equitable distribution of costs of the municipal wastewater system; and

AUTHORIZED REPRESENTATIVE OF THE USER

To provide for penalties and costs for the willful and/or negligent violation of the provisions of this article, or the falsifying of information required by the article.

This article provides for the regulation of direct and indirect contributors to the municipality of Moosic wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for all users, authorizes monitoring and enforcement activities, requires user reporting, assures that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This article shall apply to the municipality of Moosic and to persons outside the municipality of Moosic who are, by contract or agreement with the municipality of Moosic, users of the municipality of Moosic and/or the Lower Lackawanna Valley Sanitary Authority. Except as otherwise provided herein, the Executive Director of the Lower Lackawanna Valley Sanitary Authority, acting as the agent of the municipality of Moosic, shall administer, implement, and enforce the provisions of this article.

§ 246-7 Definitions and word usage.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the “Clean Water Act of 1977,” as amended.

APPROVAL AUTHORITY

The registered administrator of the EPA, Region III, until such time as the Department of Environmental Protection (PaDEP) is authorized by the EPA to administer the pretreatment program, and thereafter the Secretary of PaDEP.

If the user is a corporation:

(a)

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

(b)

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

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

BEST MANAGEMENT PRACTICES (BMPs)

The individuals described in Subsections (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Lower Lackawanna Valley Sanitary Authority, acting as agent for the municipality of Moosic.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollution. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or raw waste disposal, or drainage from raw material storage.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as specified, in five days at 20° Celsius expressed in terms of weight and concentration [milligrams per liter (mg/l)].

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

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

CHEMICAL OXYGEN DEMAND (COD)

The measure of the oxygen-consuming capacity of inorganic and organic matter present in water, sewage, industrial waste, or other liquid as determined by standard laboratory procedure, as specified, expressed as milligrams per liter (mg/l).

CONTROL AUTHORITY

The Lower Lackawanna Valley Sanitary Authority (LLVSA).

COOLING WATER

The water discharged from any system of condensation, such as air conditioning, cooling, or refrigeration.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

DOMESTIC USER

A user whose facility is engaged solely for residential purposes.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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

EXECUTIVE DIRECTOR

The person designated by the LLVSA to supervise the operation of the treatment plant and who is charged with certain duties and responsibilities by this article, or his duly authorized representative as acting agent for the municipality of Moosic.

EXISTING SOURCE

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

GARBAGE

Solid waste from domestic or commercial preparation, cooking, dispensing, or manufacturing of food or from the handling, storage, and sale of produce.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to flow or time.

HOLD-HAUL TANK

A storage tank installed by the user to hold such industrial waste which is prohibited from being discharged to the sanitary sewer system and from which contents must be hauled to a disposal site. Such tank shall not be connected to the sanitary sewer system.

INDIRECT DISCHARGE

The discharge or the introduction of pollutants into the sanitary sewer system from any nondomestic user regulated under Section 307(b) or (c) of the Act.

INDUSTRIAL WASTE

Any amount of liquid waste and waterborne liquid, gaseous, and solid substances discharged or disposed of from any industrial, manufacturing, trade or commercial establishment, including nonprofit organizations, governmental agencies or business activities. Such term shall not include discharges from sanitary convenience on the premises unless such flow is commingled with the above waste.

INDUSTRIAL WASTEWATER DISCHARGE PERMIT

A permit to deposit or discharge nondomestic waste into the sanitary sewer system.

INTERFERENCE

The inhibition or disruption of the LLVSA treatment process or operations which contributes to a violation of any requirements of the LLVSA's NPDES permit. The term includes prevention of sewage sludge use or disposal by the LLVSA in accordance with Section 405 of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria for the disposal of waste sludge.

LOCAL LIMITS

Technically based limits established by the LLVSA to implement the prohibitions of Section 403.5(a) and (b) of the Act. Where specific limits are developed, such limits shall be deemed pretreatment standards in accordance with Section 307(d) of the Act and are considered as limits for the municipality of Moosic.

LOWER LACKAWANNA VALLEY SANITARY AUTHORITY or LLVSA

A municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania, under the Municipality Authorities Act of 1945, as amended,[1] with which the municipality has a service agreement providing for the collection and treatment of wastewater flowing from the sanitary sewer system of the municipality. Its principal place of business is located at Coxton Road, Post Office Box 2067, Duryea, Pennsylvania 18642.

MEDICAL WASTE

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

NEW SOURCE

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that the conditions reflected in EPA's General Pretreatment Regulations contained in 40 CFR 403.3(k) are met.

NONDOMESTIC USER

A user whose property is engaged, wholly or in part, for the manufacturing, fabricating, processing, cleaning, laundering, bottling, or assembling of a product, commodity or article, or in the engagement of commerce or trade.

NORMAL WASTE

Waste which, when analyzed, indicates a concentration of BOD not to exceed 200 parts per million (ppm), concentration of suspended solids not to exceed 200 ppm, concentration of COD not to exceed 600 ppm over any twenty-four-hour period.

OIL and GREASE

Any hydrocarbons, fatty acids, soaps, fats, waxes, oils, or any other material that is extracted by addition of a solvent to an acidified sample.

PASS THROUGH

A discharge which exits the LLVSA treatment plant into the receiving stream in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the LLVSA's NPDES permit including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions.

POLLUTION

The alternation of the thermal, chemical, physical, biological, or radiological integrity of, or the contamination of, any water to the extent that the water is rendered harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or that impairs the usefulness of the public enjoyment of that water.

PRETREATMENT or TREATMENT

The reduction by physical, chemical, or biological means of the amount of pollutants; the elimination of pollutants or the alteration of the nature or pollutant properties in wastewater to a less harmful state.

PRETREATMENT REQUIREMENT

Any substantive or procedural requirements related to pretreatment, other than a pretreatment standard imposed on an individual user.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED WASTE

Any waste which is totally restricted from discharge into the sanitary sewer system by this article.

RECEIVING STREAM

The waterway into which the wastewater treatment plant operated by the LLVSA discharges treated effluent, specifically the Lackawanna River.

SANITARY SEWER SYSTEM

All of the property involved in the operation of a sanitary facility. It includes land, wastewater lines, and appurtenances, pumping stations, treatment works, wastewater treatment plants and general property.

SEPTIC TANK WASTE

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

SIGNIFICANT INDUSTRIAL USER

Any user subject to categorical pretreatment standards under 40 CFR 403.6; or that discharges an average flow of 25,000 gallons or more per day of process wastewater (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 LLVSA's treatment plant; or is designated as such by the LLVSA, acting as the agent for the municipality of Moosic, on the basis that the user has a reasonable potential for adversely affecting the LLVSA's operation or for violating any pretreatment standard or requirement.

SIGNIFICANT NONCOMPLIANCE

Any of the following:

Chronic violations, defined as those in which 66% or more of all measurements taken for each regulated pollutant in a six-month period are in excess of the daily maximum limit or the monthly average limit.

Technical review criteria (TRC) violations, defined as those in which 33% or more of all measurements taken for each regulated pollutant in a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. TRC is determined to be 1.4 for BOD, TSS, oil and grease, and 1.2 for all other pollutants except pH.

Any other violations of an effluent limit which the LLVSA, acting as the agent for the municipality of Moosic, determines has caused interference or pass through.

Any discharge that has caused imminent endangerment to human health and safety.

Failure to meet a compliance schedule milestone.

Failure to provide, within 30 days after the due date, required reports.

Failure to report noncompliance.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Any other violation or groups of violations which the LLVSA, acting as the agent for the municipality of Moosic, determines to adversely affect the operation of its approved pretreatment program.

SLUG DISCHARGE

Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

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

SURCHARGE

The additional sewerage service charges levied against any person for discharging abnormal industrial waste into the sanitary system.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, and which is removable by filtration.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under provisions of Section 307(a) of the Act.

USER

Any person, including corporations or other legal entities, who contributes, causes or permits the contribution of wastewater into the LLVSA treatment system.

WASTE or WASTEWATER

Sewage, industrial waste or wastes, and drainage water.

WASTEWATER TREATMENT PLANT

Any arrangement of structures used for treating wastewater by the LLVSA, including treatment plant, interceptor lines and pump stations.

[1]

Editor's Note: Said Act was repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.

“Shall” versus “may.” “Shall” is mandatory; “may” is permissive.

§ 246-8 General prohibitions.

No user located within the municipality of Moosic shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere or cause pass through with the operation or performance of the LLVSA. These general prohibitions apply to all such users of the LLVSA whether or not the user is subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements. A user may not contribute the following substances to the LLVSA's treatment plant:

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with any other substance to cause fire or explosion or be injurious in any other way to the LLVSA or to the operation of the LLVSA's treatment plant or to the municipality of Moosic sewage system. Discharges prohibited under this section shall include, but not be limited to, wastestreams with a closed cup flashpoint of less than 140° Fahrenheit or 60° Celsius using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or any point in the system), be more than 5%, nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited material includes, but is 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 are a fire hazard or a hazard to the system.

Any wastewater having a pH value less than 5.0 or greater than 12.5, or a wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel.

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, 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, waste paper, wood, plastic, gas, tar, asphalt residues, mud, or glass grinding or polishing wastes.

Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the LLVSA or the municipality of Moosic sewage system. In no case shall a slug load have a flow rate or contain a concentration of pollutants that exceed for any time period longer than average 15 minutes more than five times the average twenty-four-hour flow or concentration of pollutants during normal operation.

Any wastewater having a temperature which will inhibit biological activity in the LLVSA treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the LLVSA plant which exceeds 40° Celsius (104° Fahrenheit).

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with any wastewater treatment process, which constitutes a hazard to humans or animals, creates a toxic effect in the receiving waters of the LLVSA, or to exceed the limitation set forth in a categorical pretreatment standard or local limit. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant in Section 307(a) of the Clean Water Act of 1977, and presently listed in Appendix B to 40 CFR, Part 403.

Any discharge which may result in the presence of toxic gases, vapors, or fumes within the treatment system in a quantity that may cause acute worker health and safety problems or is sufficient to create a public nuisance or hazard.

Petroleum oil, nonbiodegradable cutting oil, or product of mineral oil origin in amounts that will cause interference or pass through.

Any trucked or hauled pollutants, except at discharge points designated by the LLVSA, as acting agent for the municipality of Moosic.

Any substance which may cause the LLVSA's effluent or any other product of the LLVSA, such as residues, sludge, 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 LLVSA's treatment system cause the LLVSA to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, 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 method being used.

Any substance which will cause the LLVSA to violate its NPDES and/or residual disposal permit or the receiving water quality standards.

(12)

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(13)

Any wastewater containing any radioactive wastes or isotopes by such half-life or concentration as may exceed limits established by the Executive Director, acting as agent for the municipality of Moosic, in compliance with applicable state or federal regulations.

(14)

Any substance which causes a hazard to human life or creates a public nuisance.

(15)

Medical wastes, except as specifically authorized by the LLVSA, as acting agent for the municipality of Moosic, in a wastewater discharge permit.

(16)

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(17)

Detergents, surface-active agents, or other substances which may cause excessive foaming in the LLVSA treatment plant.

When the Executive Director, acting as agent for the municipality of Moosic, determines that a user is contributing to the LLVSA any of the above-enumerated substances in such amounts as to interfere with the operation of the LLVSA, the Executive Director shall advise the user of the impact of the contribution on the LLVSA and develop effluent limitations for such user to correct the interference with the LLVSA.

§ 246-9 National categorical limits override.

Upon the promulgation of categorical pretreatment standards for a particular industrial subcategory, the national standards, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Executive Director, acting as agent for the municipality of Moosic, shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Executive Director, acting as agent for the municipality of Moosic, shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

§ 246-10 Causing LLVSA to violate regulatory limits.

No user shall contribute or cause to be contributed any discharge which by nature shall cause an upset in the performance of the LLVSA's treatment system or a pass through of pollutants which shall cause the LLVSA to exceed the limitations of its NPDES permit.

§ 246-11 Local limits.

The LLVSA, acting as agent for the municipality of Moosic, shall develop technically based local limits approved by EPA as set forth in 40 CFR, Part 403.5. Such limitations shall be applied in all cases where they are more stringent than the federal or state requirements. The LLVSA, acting as agent for the municipality of Moosic, shall continually develop these limits as necessary, and reserves the right to alter any and all local limit permit parameters as necessary to comply with the objectives presented in § 246-6 of this article.

The LLVSA may implement and/or accept best management practices (BMPs) in lieu of numeric local limits when it is determined that BMPs are a more appropriate or practical method for preventing pass through and interference or for protecting treatment plant worker health and safety.

Any user incorporating BMPs in lieu of numeric local limits must provide BMP procedures to the LLVSA and, upon approval, be required to maintain BMP records to ensure compliance.

Schedule of local limits.

[Added 8-14-2007 by Ord. No. 13-2007; amended 4-8-2008 by Ord. No. 9-2008]

The attached Schedule I of 2008, entitled "Local Limits for Industrial Users," shall be and is hereby established as local limits authorized to be established by § 246-11 of the Code of the Borough of Moosic, Moosic Pretreatment Ordinance No. 16 of 2006, and is hereby incorporated into and made a part of said ordinance. The discharge of industrial wastes by industrial users shall be controlled as to not exceed the local limits herein adopted.

The total maximum daily industrial local limits adopted herein on Schedule I of 2008 may be applied to individual industrial users by means of limitations on concentration, as determined to be appropriate by the Borough or its agent or the Scranton Sewer Authority.

All previous local limits adopted by this Council are hereby repealed in their entirety.

Schedule I of 2008: Local Limits for Industrial Users.

Sewer Authority of the City of Scranton
Schedule I of 2008
Local Limits for Industrial Users
Pollutants of Concern		Total Maximum Allowable Daily Industrial Load (lb/day)	Maximum Daily (mg/l)
Conventional
	Biochemical oxygen demand	20,500	--
	Ammonia nitrogen	1,350	--
	Fats, oil and grease (total)	--	1,500
	Total petroleum hydrocarbons	--	100
	pH	--	6.0 s.u. to 10.0 s.u.
Inorganic
	Arsenic, total	0.8	--
	Cadmium, total	0.1	--
	Chromium, total	22.6	--
	Chromium, hexavalent	1.6	--
	Copper, total	1.3	--
	Cyanide, total	3.2	--
	Lead, total	2.7	--
	Mercury, total	0.08	--
	Nickel, total	13.1	--
	Silver, total	2.2	--
	Zinc, total	4.0	--
Organic
	Toluene	--	2.1

§ 246-12 State requirements.

State requirements and limitations on discharge shall apply in any case where they are more stringent than federal and/or local requirements and limitations, or those in this article.

§ 246-13 Municipality's right of revision.

The municipality of Moosic reserves the right to establish more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 246-6 of this article.

§ 246-14 Excessive dilution.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the categorical pretreatment standards, or in any pollutant-specific limitations developed by the LLVSA, as acting agent for the municipality of Moosic, or the commonwealth. Dilution may be an acceptable means of complying with some of the prohibition set forth in § 246-8, e.g., the pH prohibition.

§ 246-15 Rain or cooling water.

The LLVSA, as acting agent for the municipality of Moosic, shall prohibit the discharge of any wastewater which includes stormwater, surface water, groundwater, roof runoff, or subsurface drainage. Any wastewater containing once through cooling water shall be prohibited.

§ 246-16 Fees and charges.

Purpose. The purpose of this section is to provide for the recovery of costs from users of the LLVSA's wastewater treatment system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the LLVSA's Schedule of Charges and Fees.

Charges and fees.

The municipality and/or the LLVSA may adopt charges and fees which may include:

(a)

Fees for reimbursement of costs setting up and operating the LLVSA's pretreatment program;

(b)

Fees for monitoring, inspections and surveillance procedures;

(c)

Fees for reviewing accidental discharge procedures and construction;

(d)

Fees for response to accidental discharges;

(e)

Fees for permit applications;

(f)

Fees for filing appeals;

(g)

Fees for consistent removal of pollutants otherwise subject to federal pretreatment standards;

(h)

Fees for consistent removal of conventional pollutants such as BOD, TSS, oil and grease, etc.;

(i)

Other fees as the municipality and/or the LLVSA may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the municipality.

§ 246-17 Pretreatment requirements.

Any user generating waste prohibited from discharge into the sanitary sewer system under § 246-8 shall pretreat or otherwise dispose of the prohibited waste so as to make the waste actually discharged into the sanitary sewer system acceptable under this article.

Grease, oil, and sand traps, interceptors, or hold-haul tanks shall be provided for the proper handling of waste containing grease in amounts above the limits herein, sand, and other material deemed harmful to the LLVSA's treatment plant. All interceptors and traps shall meet the standards prescribed in § 246-23.

Storage, handling, disposal, and transportation of materials removed from pretreatment facilities shall be done according to all applicable federal, state, and local regulations that pertain to the type and/or class of waste generated.

Any facilities required to pretreat wastewater to a level acceptable to the LLVSA, acting as agent for the municipality of Moosic and the LLVSA treatment process, shall be provided, operated and maintained at the user's expense.

§ 246-18 LLVSA approval for pretreatment.

Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the LLVSA, acting as agent for the municipality of Moosic, for review, and shall be acceptable to the LLVSA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the LLVSA under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operating shall be reported to and be acceptable to the LLVSA, acting as agent for the municipality of Moosic, prior to the user's initiation of the changes.

§ 246-19 Permit requirements.

It shall be unlawful to discharge to any natural outlet within the municipality, the sanitary sewer system of the municipality, or in any area under the jurisdiction of the LLVSA and/or said municipality, any wastewater except as authorized by the Executive Director, acting as agent for the municipality of Moosic, in accordance with the provisions of this article or the Rules and Regulations of the LLVSA, as amended.

All nondomestic users proposing to connect to or to contribute to the LLVSA shall obtain an industrial wastewater discharge permit before connecting to or contributing to the LLVSA. All existing nondomestic users connected to or contributing to the LLVSA shall apply to obtain an industrial wastewater discharge permit within 30 days after the effective date of this article.

Industrial wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the LLVSA. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 30 days prior to expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the LLVSA, acting as agent for the municipality of Moosic, during the term of the permit as limitations or requirements, as identified in § 246-8, are modified or other just cause exists. 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 itself shall include a reasonable time schedule for compliance, as determined by the LLVSA, acting as agent for the municipality of Moosic.

Industrial wastewater discharge permits are issued to a specific user for a specific operation. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the LLVSA, acting as agent for the municipality of Moosic. If approval is granted by the LLVSA, any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Permits shall contain the following:

Effluent limits based on applicable general pretreatment standards in § 246-8 of this article, categorical pretreatment standards, local limits, and state and local law, including best management practices (BMPs);

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

Compliance schedules;

Requirements for submission of technical reports or discharge reports, including submission of any best management practice (BMP) compliance information required of an industrial user;

Requirements for maintaining and retaining plant records, including records related to best management practices (BMPs), relating to wastewater discharge as specified by the LLVSA, acting as an agent for the municipality of Moosic, and affording LLVSA access thereto;

Requirements for notification of the LLVSA, acting as agent for the municipality of Moosic, 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;

Requirements for installation and maintenance of inspection and sampling facilities;

Requirements for a SIU to specifically notify the LLVSA should any changes to the operating procedures or facilities affect the potential for slug discharges;

Other conditions as deemed appropriate by the LLVSA, acting as agent for the municipality of Moosic, to ensure compliance with this article;

Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule, including BMPs;

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;

(12)

Right of entry for duly authorized representatives of the LLVSA bearing proper credentials and identification;

(13)

Noncompliance notification procedures in the event that the permittee is not able to comply with any conditions of its permit;

(14)

Prohibition of the use of dilution as a substitute for adequate treatment to achieve compliance with the terms and conditions of the permit;

(15)

Signatory requirements as outlined in § 246-30 of the LLVSA Sewer Use Ordinance.

In addition, permits may contain a unit charge or schedule of user charges and fees for the wastewater to be discharged into the sanitary sewer system.

§ 246-20 Permit application process.

All nondomestic users shall file with the LLVSA, acting as agent for the municipality of Moosic, an industrial wastewater discharge questionnaire containing information which can be used by the LLVSA in determining whether the user is required to file for an industrial wastewater discharge permit. Users required to obtain an industrial wastewater discharge permit shall complete and file with the LLVSA, acting as agent for the municipality of Moosic, an application in the form prescribed by the LLVSA and accompanied by the appropriate fee. Existing nondomestic users shall apply for an industrial wastewater discharge permit within 30 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the LLVSA. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location (if different from the address).

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 246-8 of this article as determined by a state-certified 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.

Time and duration of contribution.

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any.

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

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

Material safety data sheets (MSDS) for all chemicals used on site.

Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, state, or federal pretreatment standards, and 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 facilities are required for the user to meet applicable pretreatment standards.

If 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:

(a)

The schedule shall contain increments of progress in the form of "milestone" 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., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(b)

No increment referred to in Subsection A(10)(a) shall exceed nine months.

(c)

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 Executive Director, acting as agent for the municipality of Moosic, including, as 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 Executive Director, acting as agent for the municipality of Moosic.

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

(12)

Type and amount of raw materials processed (average and maximum per day).

(13)

Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(14)

Any other information as may be deemed by the LLVSA, acting as agent for the municipality of Moosic, to be necessary to evaluate the permit application.

The LLVSA, acting as agent for the municipality of Moosic, will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the LLVSA, acting as agent for the municipality of Moosic, may issue an industrial wastewater discharge permit subject to terms and conditions provided herein.

§ 246-21 Modification of permit.

Within nine months of the promulgation of a categorical pretreatment standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user subject to a newly promulgated categorical pretreatment standard had not previously submitted an application for an industrial wastewater discharge permit as required by § 246-19, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable categorical pretreatment standard. Discharge permit shall submit to the Executive Director, acting as agent for the municipality of Moosic, within 180 days after the promulgation of an applicable categorical pretreatment standard, the information required by § 246-20A(9) and (10).

The LLVSA, acting as agent for the municipality of Moosic, may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

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

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

A change in the LLVSA's treatment plant that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the LLVSA's treatment plant or personnel or the receiving waters;

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

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

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

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

To reflect a transfer of the facility ownership or operation to a new owner or operator; or

If a determination is made that the user has not complied with applicable best management practices (BMPs), or if the LLVSA determines that the use of numeric limits is a more appropriate means to determine compliance.

§ 246-22 Classification of dischargers.

Following review of an industrial wastewater discharge permit application, each nondomestic user shall be placed into the appropriate classification of discharger. Said classifications are defined as follows:

A Class I or significant industrial user (SIU) shall be any user who has a discharge flow of 25,000 gallons or more per average workday, has a discharge which constitutes 5% or more of the LLVSA's capacity, is subject to categorical pretreatment standards, or has been classified as having reasonable potential to adversely affect the treatment system based on the nature or history of its wastewater contributions.

A Class II or potentially significant industrial user shall be any user who discharges nondomestic pollutant to the sanitary sewer system in amounts that on a routine basis have insignificant impact on the treatment system, but may present a potential to impact on the treatment system. This includes industries that present a potential to cause sewer obstructions, slug loads, or chemical spills.

A Class III or insignificant industrial user shall be any user who discharges only domestic waste or has a dry process, or is considered to have insignificant impact on the treatment system.

A Class IV or commercial user shall be any user who discharges nondomestic waste of the nature produced by facilities such as vehicle wash facilities, vehicle maintenance shops, fluid change facilities, steam cleaning facilities, restaurants, lounges, etc.

For the purpose of the permit process, all Class I users shall be required to obtain an industrial wastewater discharge permit from the LLVSA, acting as agent for the municipality of Moosic; Class II, Class III, and Class IV users may be required to obtain a permit, as determined by the LLVSA, acting as agent for the municipality of Moosic.

Whether a user is required to obtain a permit or not, it may be required to install such facilities as the LLVSA, the agent for the municipality of Moosic, deems necessary to comply with the goals outlined in § 246-6 of this article.

§ 246-23 Standard designs.

Users shall apply to the LLVSA, the agent for the municipality of Moosic, for a list of standard construction design criteria as prepared by and available through the LLVSA's Consulting Engineering Department in accordance with current pretreatment design requirements. Users may deviate from standard construction design criteria only with permission of the Executive Director of the LLVSA.

§ 246-24 Inspections; right-of-entry.

The LLVSA, acting as agent for the municipality of Moosic, shall inspect the facility of a user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow representatives of the LLVSA ready access at all reasonable times to all parts of the premises for the purposes of inspection sampling; records, examination and/or copying; or in the performance of any of their duties. The municipality of Moosic, the LLVSA, PaDEP and/or EPA 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. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security personnel so that, upon presentation of suitable identification, representatives of the municipality, LLVSA, PaDEP and/or EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

§ 246-25 Operation and maintenance of pretreatment.

It shall be the responsibility of the user to maintain its pretreatment facility in a working order to provide consistent compliance with the limitations set forth in the industrial wastewater discharge permit and/or Rules and Regulations of the LLVSA. Operation of the pretreatment system shall be undertaken by the user according to the prescribed methods of the manufacturer as approved by the LLVSA, the acting agent for the municipality of Moosic, to provide consistent compliance with the limitations set forth in the industrial wastewater discharge permit and/or the Rules and Regulations of the LLVSA. The user shall be required to maintain documentation reflecting operations and maintenance of all pretreatment facilities.

§ 246-26 Flow measurement.

The volume of flow used in computing loadings or surcharges shall be based on the total water consumption data as obtained from the permittee or the records of the local water utility. If a user has a substantial portion of the metered water that does not reach the sanitary sewer system the user may, at its own expense and with approval from the Executive Director of the LLVSA and acting as agent for the municipality of Moosic, install a separate flow-metering device to measure the actual discharge into the sanitary system. If the actual flow to the sanitary system is measured, the equipment used for the measurement of the flow must be maintained in proper working order at all times. A separate written record of calibration and maintenance must be kept for the flow-metering device and made readily available for inspection by the LLVSA.

§ 246-27 LLVSA monitoring.

The LLVSA, acting agent for the municipality of Moosic, will conduct periodic monitoring of the following types:

Scheduled sampling and inspections shall be conducted at all permitted users at least once during the permit period. Said inspection will include a complete tour of the facility, including manufacturing, pretreatment, and storage areas.

Unscheduled sampling and inspections shall be conducted whenever the LLVSA, the acting agent for the municipality of Moosic, determines a need to routinely investigate the discharge of a user. Users governed by categorical pretreatment standards will be sampled on an unscheduled basis at least once every six months.

Demand sampling and inspections shall be performed in response to a complaint or an emergency situation. Demand sampling shall be initiated whenever the LLVSA, the acting agent for the municipality of Moosic, determines a change in the normal discharge characteristics of the user's wastewater flow, or if a violation was detected during either a scheduled or unscheduled sampling.

Resampling in the event a violation is discovered during a period where no SIU self-monitoring is required.

§ 246-28 Self-monitoring and reporting.

All users subject to an industrial wastewater discharge permit shall be required to submit such reports as required by 40 CFR 403.12. Said reports shall include:

Baseline monitoring reports for all users subject to categorical pretreatment standards which shall contain identifying information on the user, a list of any environmental control permits held by the user, the measured average daily and maximum daily discharge flows from the user's facility, a measurement of pollutants discharged, a certification statement from an authorized representative indicating whether pretreatment standards are being met, and any compliance schedules proposed by the user for the installation or addition of any pretreatment facilities or O&M required to meet pretreatment standards, and including submission of any best management practice (BMP) compliance information required by an industrical user.

Compliance schedule for meeting federal, state or local discharge limits which shall include "milestone" dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities.

Ninety-day compliance reports for meeting federal, state or local discharge limits for all users subject to categorical pretreatment standards, which shall contain the measured average daily and maximum daily discharge flows, a measurement of pollutants discharged, and a certification statement from an authorized representative indicating whether pretreatment standards are being met.

Periodic reports on continued compliance as scheduled in accordance with the user's industrial wastewater discharge permit.

Notice of slug loadings as defined by § 246-7.

A spill prevention (slug loading) plan detailing all steps to be taken by the user to prevent accidental discharge which may create an adverse effect on the LLVSA treatment plant, or cause the LLVSA to violate its NPDES permit.

Semiannual self-monitoring reports containing a measurement of all regulated parameters as directed in the user's industrial wastewater discharge permit.

Notification of any discharge changes or modifications planned by the user.

Resampling reports in the event of noncompliance with permit limitations.

If sampling performed by a user indicates a violation, the user must notify the Executive Director of the LLVSA, acting as agent for the municipality of Moosic, within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Executive Director of the LLVSA within 30 days after becoming aware of the violation.

All sampling and resampling must be representative of the operating conditions of the user.

In addition, all users subject to an industrial wastewater discharge permit shall be required, at the user's expense, to conduct sampling and analyses of their wastewater on a periodic schedule as determined by the permit. Should the results of said analyses indicate a violation to the user's permit, an additional sampling and analysis must be performed to determine if compliance has been achieved. Results of all analyses shall be forwarded to the LLVSA, the acting agent for the municipality of Moosic, as determined by the permit.

All records relating to compliance with pretreatment standards, including BMP compliance, shall be made available to officials of the EPA or approval authority upon request. Records relating to pretreatment must be maintained by the user for a minimum of three years. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. This period shall be automatically extended for the duration of any litigation concerning the user or where the user has been specifically notified of a longer retention period by the Executive Director of the LLVSA, acting as agent for the municipality of Moosic. The reports and other documents required to be submitted or maintained under this section shall be subject to:

The provisions of 18 U.S.C. § 1001 relating to fraud and false statements;

The provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representations, or certifications;

The provisions of Section 309(c)(6) regarding responsible corporate officers.

§ 246-29 Reporting of hazardous waste discharge.

All users subject to an industrial wastewater discharge permit shall be required, in accordance with 40 CFR 403.12(p), to report the discharge into the sanitary sewer system of any substance which, if otherwise disposed of, would be hazardous waste under 40 CFR, Part 261. Said notification shall be in writing to the LLVSA, the acting agent for the municipality of Moosic, the EPA Regional Waste Management Division Director, and the state hazardous waste authorities, and shall 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 (batch, continuous, or other).

If the user discharges more than 100 kilograms of such waste per calendar month to the LLVSA, the notification shall also contain the following:

An identification of the hazardous constituents contained in the wastes;

An estimation of the mass and concentration of such constituents in the wastestream to be discharged in that calendar month;

An estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months.

All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. The notification requirement does not apply to pollutants already reported under the permitted self-monitoring requirements of this article.

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

§ 246-30 Signatory responsibility.

All required reports submitted by a user must be signed by an authorized representative, as defined by 40 CFR 403.12(k) to be:

A principal executive officer of at least the level of vice president if the user is a corporation;

A general partner or proprietor if the user is a partnership or sole proprietorship, respectively;

A duly authorized representative of the individual designated in Subsection A(1) or (2) above if such representative is responsible for the overall operation of the facility from which the discharge originates.

Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to federal pretreatment regulations and/or this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under federal pretreatment regulations or this article, shall be subject to the provisions of 40 CFR 403.12(n) governing false statements, representations or certifications in reports required under the Act.

§ 246-31 Monitoring location.

The LLVSA, acting as agent for the municipality of Moosic, 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 LLVSA 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.

There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on a public or private property, the monitoring facilities shall be provided in accordance with the LLVSA's and municipality's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification of approval of the plans by the LLVSA.

§ 246-32 Surcharges.

The LLVSA, as acting agent for the municipality of Moosic, may require any user who, by the nature of its discharge, places a burden on the normal operation of the LLVSA's treatment plant to be subject to surcharges for excess treatment. Such surcharge shall be in addition to the regular sewer rent set forth in the Rules and Regulations of the LLVSA and the municipality. These surcharges may be made for all wastewater discharged into the system having an average total suspended solids (TSS) concentration in excess of 200 parts per million (ppm), average biochemical oxygen demand (BOD) concentration in excess of 200 ppm, or oil and grease concentration in excess of 100 ppm. In the event any industrial discharge is found to have an average concentration in excess of the above levels, the surcharge shall be computed in the following manner:

Rs = (W-L) x 0.00834 x B x F
Where:
Rs	=	The surcharge rate in dollars.
W	=	The average concentration of the wastewater in ppm.
L	=	The established limit of concentration in ppm.
B	=	The annual fixed operating and maintenance cost as determined by resolution of the LLVSA, in dollars per pound.
F	=	The total water consumption by the user in thousands of gallons.

§ 246-33 Classified information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and 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 LLVSA and the municipality that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

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 to governmental agencies for uses related to this article, the National Pollutant Disposal Elimination System (NPDES) permit, commonwealth disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the LLVSA and the municipality as confidential shall not be transmitted to the general public by the LLVSA or the municipality until and unless a ten-day notification is given to the user. Information accepted as confidential by the LLVSA and the municipality shall be made available to governmental agencies. If requested by the user, the EPA and PaDEP will treat the submitted information as confidential to the extent provided in 40 CFR, Part 2.

§ 246-34 Accidental discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operation procedures to provide this protection shall be submitted to the LLVSA, acting as agent for the municipality of Moosic, for review, and shall be approved by the LLVSA before construction of the facility. No user who commences contribution to the LLVSA or the sewage system in the municipality of Moosic after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the LLVSA. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the LLVSA of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective actions.

Within five days following an accidental discharge, the user shall submit to the Executive Director of the LLVSA, the acting agent for the municipality of Moosic, a detailed report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the LLVSA or the municipality, its facilities, or any other person or property; nor shall notification relieve the user of any fines, civil penalties, or other liability which may be imposed by these standards or other applicable law. Failure to notify the Executive Director of the LLVSA of an accidental discharge shall result in legal action or discontinuation of services.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Employers shall insure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedure.

§ 246-35 Emergency discharges.

If the user required to pretreat its waste pursuant to this article has an emergency caused beyond the user's control that affects the pretreatment program and/or facility and may cause a violation of the industrial wastewater discharge permit, the user may appeal to the Executive Director of the LLVSA, acting as agent for the municipality of Moosic, for an emergency discharge permit. Before the Executive Director of the LLVSA may issue an emergency discharge permit, the user shall submit plans and a compliance schedule showing what methods will be used to bring the discharge into compliance with the current industrial wastewater discharge permit and when this will be done. An emergency discharge permit shall not be issued for longer than 30 days and may be renewed only after a new application has been made. An accidental discharge does not require an emergency discharge permit unless it was caused by a failure of the pretreatment facility and the failure is of a permanent nature.

§ 246-36 Notification of violation.

Whenever the LLVSA, acting as agent for the municipality of Moosic, finds that any nondomestic user has violated or is violating this article, the Rules and Regulations of the LLVSA, its industrial wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the LLVSA may serve upon such person a written notice of violation stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the LLVSA by the user.

§ 246-37 Administrative orders.

The LLVSA, acting as agent for the municipality of Moosic, shall have the right to issue such administrative orders that shall require the user to achieve compliance. Said orders shall include but not be limited to the following:

Compliance schedules: as determined by the LLVSA as a time-scheduled method to achieve total compliance.

Cease-and-desist orders: prohibiting any further discharge of the wastewater in question into the sewer system.

§ 246-38 Show-cause hearing.

The LLVSA, acting as agent for the municipality of Moosic, may order any user who causes or allows an unauthorized discharge to enter the LLVSA to show cause before the LLVSA's Executive Director why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the LLVSA regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the LLVSA why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

§ 246-39 Other legal action; civil penalties.

If any person discharges sewage, industrial waste or other wastes into the municipality's or LLVSA's wastewater system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the LLVSA, the Solicitor may commence an action for appropriate legal and/or equitable relief in the courts. When the municipality or the LLVSA determines the need for legal action, said action shall be undertaken by the municipality or the LLVSA within 30 days of notification.

In addition, the following may be taken:

A user who has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the LLVSA, the acting agent for the municipality of Moosic, for a maximum civil penalty of $25,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.

The Executive Director of the LLVSA, acting as agent for the municipality of Moosic, may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling monitoring expenses, and the cost of any actual damages incurred by the LLVSA and the municipality.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

§ 246-40 Revocation of permit.

Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having its industrial wastewater discharge permit revoked in accordance with the procedures of this section:

Failure of a user to factually report the wastewater constituents and characteristics of their discharge;

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

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

Violation of conditions of the industrial wastewater discharge permit.

§ 246-41 Termination of service.

The municipality and/or the LLVSA may suspend the wastewater treatment service when such suspension is necessary, in the opinion of the LLVSA, acting as agent for the municipality of Moosic, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the LLVSA's treatment plant or causes the LLVSA to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the LLVSA, acting as agent for the municipality of Moosic, shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the municipality and the LLVSA system or endangerment to any individuals. The LLVSA shall reinstate the wastewater treatment service upon proof of elimination of the noncomplying discharge. All costs associated with the severance and/or reconnection of a sewer shall be incurred by the user.

§ 246-42 Violations and penalties.

Any user who is found to have violated an order of the municipality or the LLVSA, with regard to the violation of any provision of this article, the Rules and Regulations of the LLVSA, as amended, or any regulations or permits issued under the aforesaid Rules and Regulations shall be fined not less than $100 nor more than $25,000 per each violation. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation. In addition to penalties provided herein, the municipality and/or the LLVSA may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules and regulations, and permits issued herein.

§ 246-43 Right of appeal.

Any user subject to enforcement action may file an appeal with the LLVSA, acting as agent for the municipality of Moosic, within 15 days of receipt of the notice of the enforcement action. Said appeal shall be in the form of a show-cause hearing, pursuant to § 246-38 of this article.

§ 246-44 Public notification.

The LLVSA, acting as agent for the municipality of Moosic, shall annually publish in a local newspaper of general circulation a list of the users which were considered to be in significant noncompliance with the pretreatment standards contained herein at least once during the previous 12 months. Significant noncompliance shall include any of the following:

Any other violations of an effluent limit which the LLVSA determines have caused interference or pass through.

Any discharge that has caused imminent endangerment to human health and safety.

Failure to meet a compliance schedule milestone.

Failure to provide, within 30 days after the due date, required reports.

Failure to report noncompliance.