[Adopted 8-10-1999 by Ord. No. 13-1999; amended in its entirety 12-12-2006 by Ord. No. 16-2006]
A.
This article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system of the municipality of Moosic, and enables the municipality
of Moosic to comply with all applicable state and federal laws as
required by the Clean Water Act of 1977 and the General Pretreatment
Regulations (Title 40 Code of Federal Regulations, Part 403), and
the Rules and Regulations of the Lower Lackawanna Valley Sanitary
Authority, a publicly owned treatment works with which the municipality
of Moosic has a service agreement for the collection and treatment
of wastewater flowing from the sanitary sewer system of the municipality
of Moosic.
B.
The objectives of this article are:
(1)
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;
(2)
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;
(3)
To improve the opportunity to recycle and reclaim
wastewater and sludges from the system;
(4)
To provide for equitable distribution of costs of
the municipal wastewater system; and
(5)
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.
C.
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.
D.
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.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(1)
(a)
(b)
(2)
(3)
(4)
BEST MANAGEMENT PRACTICES (BMPs)
BIOCHEMICAL OXYGEN DEMAND (BOD)
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
CHEMICAL OXYGEN DEMAND (COD)
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
DOMESTIC USER
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXECUTIVE DIRECTOR
EXISTING SOURCE
GARBAGE
GRAB SAMPLE
HOLD-HAUL TANK
INDIRECT DISCHARGE
INDUSTRIAL WASTE
INDUSTRIAL WASTEWATER DISCHARGE PERMIT
INTERFERENCE
LOCAL LIMITS
LOWER LACKAWANNA VALLEY SANITARY AUTHORITY or LLVSA
MEDICAL WASTE
NEW SOURCE
NONDOMESTIC USER
NORMAL WASTE
OIL and GREASE
PASS THROUGH
PERSON
pH
POLLUTION
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED WASTE
RECEIVING STREAM
SANITARY SEWER SYSTEM
SEPTIC TANK WASTE
SIGNIFICANT INDUSTRIAL USER
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SURCHARGE
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTE or WASTEWATER
WASTEWATER TREATMENT PLANT
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
“Clean Water Act of 1977,” as amended.
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:
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
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.
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.
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)].
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.
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).
The Lower Lackawanna Valley Sanitary Authority (LLVSA).
The water discharged from any system of condensation, such
as air conditioning, cooling, or refrigeration.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
A user whose facility is engaged solely for residential purposes.
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.
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.
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.
Solid waste from domestic or commercial preparation, cooking,
dispensing, or manufacturing of food or from the handling, storage,
and sale of produce.
A sample which is taken from a waste stream on a one-time
basis with no regard to flow or time.
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.
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.
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.
A permit to deposit or discharge nondomestic waste into the
sanitary sewer system.
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.
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.
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.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that the conditions reflected in EPA's General Pretreatment
Regulations contained in 40 CFR 403.3(k) are met.
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.
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.
Any hydrocarbons, fatty acids, soaps, fats, waxes, oils,
or any other material that is extracted by addition of a solvent to
an acidified sample.
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.
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.
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.
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.
Any substantive or procedural requirements related to pretreatment,
other than a pretreatment standard imposed on an individual user.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Any waste which is totally restricted from discharge into
the sanitary sewer system by this article.
The waterway into which the wastewater treatment plant operated
by the LLVSA discharges treated effluent, specifically the Lackawanna
River.
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.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
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.
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.
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.
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.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The additional sewerage service charges levied against any
person for discharging abnormal industrial waste into the sanitary
system.
The total suspended matter that floats on the surface of,
or is suspended in, water, and which is removable by filtration.
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.
Any person, including corporations or other legal entities,
who contributes, causes or permits the contribution of wastewater
into the LLVSA treatment system.
Sewage, industrial waste or wastes, and drainage water.
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.
B.
“Shall” versus “may.” “Shall”
is mandatory; “may” is permissive.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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).
(6)
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.
(7)
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.
(8)
Petroleum oil, nonbiodegradable cutting oil, or product
of mineral oil origin in amounts that will cause interference or pass
through.
(9)
Any trucked or hauled pollutants, except at discharge
points designated by the LLVSA, as acting agent for the municipality
of Moosic.
(10)
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.
(11)
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.
B.
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.
A.
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.
B.
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).
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.
A.
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.
B.
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.
C.
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.
D.
Schedule of local limits.
[Added 8-14-2007 by Ord. No. 13-2007; amended 4-8-2008 by Ord. No. 9-2008]
(1)
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.
(2)
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.
(3)
All previous local limits adopted by this Council
are hereby repealed in their entirety.
(4)
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
|
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.
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.
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.
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.
A.
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.
B.
Charges and fees.
(1)
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.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
municipality.
A.
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.
B.
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.
C.
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.
D.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Permits shall contain the following:
(1)
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);
(2)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(3)
Compliance schedules;
(4)
Requirements for submission of technical reports or
discharge reports, including submission of any best management practice
(BMP) compliance information required of an industrial user;
(5)
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;
(6)
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;
(7)
Requirements for installation and maintenance of inspection
and sampling facilities;
(8)
Requirements for a SIU to specifically notify the
LLVSA should any changes to the operating procedures or facilities
affect the potential for slug discharges;
(9)
Other conditions as deemed appropriate by the LLVSA,
acting as agent for the municipality of Moosic, to ensure compliance
with this article;
(10)
Statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements and any applicable
compliance schedule, including BMPs;
(11)
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;
F.
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.
A.
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:
(1)
Name, address, and location (if different from the
address).
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including, but not limited to, those 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.
(4)
Time and duration of contribution.
(5)
Average daily and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variations if any.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections, and appurtenances
by the size, location and elevation.
(7)
Description of activities, facilities and plant process
on the premises, including all materials which are or could be discharged.
(8)
Material safety data sheets (MSDS) for all chemicals
used on site.
(9)
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.
(10)
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.).
(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.
(11)
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.
B.
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.
A.
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).
B.
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:
(1)
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
(2)
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;
(3)
A change in the LLVSA's treatment plant that requires
either a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Information indicating that the permitted discharge
poses a threat to the LLVSA's treatment plant or personnel or the
receiving waters;
(5)
Violation of any terms or conditions of the wastewater
discharge permit;
(6)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater
discharge permit;
(9)
To reflect a transfer of the facility ownership or
operation to a new owner or operator; or
(10)
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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.
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.
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.
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.
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.
The LLVSA, acting agent for the municipality
of Moosic, will conduct periodic monitoring of the following types:
A.
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.
B.
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.
C.
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.
D.
Resampling in the event a violation is discovered
during a period where no SIU self-monitoring is required.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
Periodic reports on continued compliance as scheduled
in accordance with the user's industrial wastewater discharge permit.
(6)
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.
(7)
Semiannual self-monitoring reports containing a measurement
of all regulated parameters as directed in the user's industrial wastewater
discharge permit.
(8)
Notification of any discharge changes or modifications
planned by the user.
(9)
Resampling reports in the event of noncompliance with
permit limitations.
(10)
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.
(11)
All sampling and resampling must be representative
of the operating conditions of the user.
B.
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.
C.
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:
A.
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).
B.
If the user discharges more than 100 kilograms of
such waste per calendar month to the LLVSA, the notification shall
also contain the following:
(1)
An identification of the hazardous constituents contained
in the wastes;
(2)
An estimation of the mass and concentration of such
constituents in the wastestream to be discharged in that calendar
month;
(3)
An estimation of the mass and concentration of such
constituents in the wastestream expected to be discharged during the
following 12 months.
C.
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.
D.
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.
A.
All required reports submitted by a user must be signed
by an authorized representative, as defined by 40 CFR 403.12(k) to
be:
B.
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.
A.
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.
B.
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.
C.
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.
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.
|
A.
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.
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 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.
C.
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.
A.
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.
B.
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.
C.
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.
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.
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.
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:
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.
A.
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.
B.
In addition, the following may be taken:
(1)
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.
(2)
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.
(3)
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.
(4)
Filing a suit for civil penalties shall not be a bar
against, or a prerequisite for, taking any other action against a
user.
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:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of their discharge;
B.
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
D.
Violation of conditions of the industrial wastewater
discharge permit.
A.
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.
B.
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.
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.
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.
A.
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:
(1)
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.
(2)
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.
(3)
Any other violations of an effluent limit which the
LLVSA determines have caused interference or pass through.
(4)
Any discharge that has caused imminent endangerment
to human health and safety.
(5)
Failure to meet a compliance schedule milestone.
(6)
Failure to provide, within 30 days after the due date,
required reports.
(7)
Failure to report noncompliance.
(8)
Any other violation or groups of violations which
the LLVSA determines to adversely affect the operation of its approved
pretreatment program.
B.
The notice shall also summarize any enforcement actions
taken against the user during the same time period.
The LLVSA, acting as agent for the municipality
of Moosic, shall reserve the right to recover cost of monitoring from
any user found to be in violation of its industrial wastewater discharge
permit, this article and/or the Rules and Regulations of the LLVSA,
for costs associated with sampling, inspecting, and monitoring during
the period required to determine said violation and until such time
as the violation ceases to exist.
The remedies provided for in this article are
not exclusive. The LLVSA, acting as agent for the municipality of
Moosic, may take any, all, or any combination of these actions against
a noncompliant user. Enforcement of pretreatment violations will generally
be in accordance with the LLVSA's enforcement response plan. However,
the LLVSA may take other action against any user when the circumstances
warrant. Further, the LLVSA, acting as agent for the municipality
of Moosic, is empowered to take more than one enforcement action against
any noncompliant user.
The LLVSA, acting as agent for the municipality
of Moosic, may decline to issue or reissue a wastewater discharge
permit to any user who has failed to comply with any provision of
this article, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the LLVSA, in
a sum not to exceed a value determined by the LLVSA to be necessary
to achieve consistent compliance.
The LLVSA, acting as agent for the municipality
of Moosic, may decline to issue or reissue a wastewater discharge
permit to any user who has failed to comply with any provisions of
this article, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the LLVSA treatment plant
or municipality sewage system caused by its discharge.
Whenever a user has violated or continues to
violate any provision of this article, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
The municipality and the LLVSA shall cooperate
in all matters as they pertain to this article. Neither the municipality
nor the LLVSA shall act in any manner so as to compromise in any way
the ability of the other party to administer this article.