[Adopted 11-8-1995 by Ord. No. 95-19[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. IV, Wastewater System, adopted 4-3-1984 by Ord. No. 84-3
as amended.
A.
Purpose and policy.
(1)
The objectives of this article are:
(a)
To prevent the introduction of pollutants into
the wastewater collection and treatment system owned and operated
by the Norristown Municipal Waste Authority, a municipality authority
created by the Borough of Norristown (herein "Authority") which will
interfere with its operation, contaminate the biosolids generated
at the wastewater treatment plant or will otherwise be incompatible
with the system;
(b)
To prevent the introduction of pollutants into
the wastewater collection and treatment system of the Authority which
will be inadequately treated and thus will pass-through the system
into the receiving waters or the atmosphere;
(c)
To protect the environment, the general public
and Authority personnel against the hazards associated with discharges
of toxic or otherwise incompatible pollutants into the sewer system;
(d)
To improve the opportunity to recycle and reclaim
industrial wastewaters and biosolids from the wastewater treatment
system;
(e)
To provide for equitable distribution of the
cost for the development and implementation of the Authority's industrial
pretreatment program and other improvements to the wastewater collection
and treatment system;
(f)
To help assure compliance with the National
Pollutant Discharge Elimination System (NPDES) permit, biosolids use
and disposal requirements, the Clean Water Act, the General Pretreatment
Regulations and any other state or federal laws which with the Borough
and Authority must comply.
(2)
This Article will be implemented by the Authority
through issuance of permits to those industrial/commercial users deemed
a significant industrial user through monitoring, reporting and enforcement
of the article with of these significant industrial users; and through
enforcement of general requirements for all other users. This Article
also assumes that the capacity of the sewer system allocated to existing
customers will not be preempted and provides for the setting of fees
for the equitable distribution of costs resulting from the program
established herein.
(3)
This Article shall apply to persons located both within
and outside the Borough's political jurisdiction, including those
in West Norriton Township, who are users or significant industrial
users of the collection system serviced by the Authority. Except as
otherwise provided herein, the provisions of this article shall be
administered and implemented by the Borough and Authority.
(4)
Nothing contained in this article shall be construed
as preventing any special agreement or arrangement between the Authority
and any significant industrial users within the Borough or West Norriton
Township allowing a waste of unusual strength or character to be accepted
by the Authority through special agreements in writing, executed prior
to such acceptance, containing safeguards, limitations and conditions
acceptable to the Borough. Any such agreement or arrangement shall
not allow a discharge that exceeds categorical standards.
B.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORITY
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
BOROUGH
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARDS
COMPATIBLE POLLUTANT
CONTRIBUTING MUNICIPALITY
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENFORCEMENT RESPONSE PLAN (ERP)
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EQUIVALENT DWELLING UNIT (EDU)
EXISTING SOURCE
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(c)
PASS-THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT REQUIREMENTS
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
SIGNIFICANT INDUSTRIAL USER PERMIT
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SLUG DISCHARGE OR SLUG LOAD
SLUG CONTROL PLAN
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WATERS OF THE STATE
Definitions. Unless the context specifically indicates
otherwise, the following terms and phrases as used in this article
shall have the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et. seq.
The United States Environmental Protection Agency (EPA).
The Norristown Municipal Waste Authority which owns and operates
the wastewater collection and treatment system for which this article
shall govern.
If the user is a corporation, a responsible
corporate officer is: a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function or any
other person who performs similar policy or decision-making functions
for the corporation; or the manager of one or more manufacturing,
production or operation facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25 million
(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 local, state or federal governmental
agency: a director or highest appointed official designated to oversee
the operation and performance activities of the facility, or their
designee.
A duly authorized representative of the individual designated in Subsections (1) through (3) above if: the authorization is made in writing by the individual described in Subsection (1) or (2); the authorization specifies either an individual or a position having overall responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and the written authorization is submitted to the Borough.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of weight and concentration, [milligrams
per liter (mg/l)].
A sewer conveying wastewater from the premises of a user
to the sewer system.
The Borough of Norristown.
Any regulation containing pollutant discharge limitations
promulgated by the EPA in accordance with Sections 307(b) and (c)
of the Act and which appear in 40 CFR Chapter I, Subchapter N, or
40 CFR Parts 401 through 471.
A pollutant for which the Borough wastewater treatment plant
was specifically designed to treat and remove such as biochemical
oxygen demand (BOD5), total suspended solids (TSS), ammonia nitrogen
(NH3-N), total phosphorus (P) and to a lesser degree oil and grease.
A municipal body which owns and/or operates central collection
sewers which discharge into the Borough wastewater collection and
treatment system.
The term "Control Authority" shall refer to the Authority.
The water discharged from any use, such as air conditioning
or refrigeration, or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
A plan developed by the Borough and Authority which details
the response which will be taken for various violations of these rules
and regulation, a categorical pretreatment standard or any other applicable
law. The ERP is a supplement to this article.
The United States Environmental Protection Agency, or where
appropriate, the term may also be used as a designation for the administrator
or other duly authorized official of said agency.
Any source of wastewater into the Authority sewer system
which has the following typical wastewater characteristics:
Any user of the Authority wastewater collection and treatment
system which commenced operation prior to the publication by the EPA
of proposed categorical pretreatment standards, which will be applicable
to that user after final EPA promulgation of such standards in accordance
with Section 307 of the Act.
A sample which is taken from a wastestream on a one-time
basis over a period of time not to exceed 15 minutes with no regard
to the flow in the wastestream.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of pollutants into the
collection system, including holding tank waste discharged into the
system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and
(d) of the Act.
Any nondomestic source of indirect discharge to the Authority
sewer system.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
collection and treatment system treatment processes, operations or
its biosolids processes, use or disposal; and therefore is a cause
of a violation of any requirement of the Authority treatment plant
NPDES permit, including an increase or duration of the violation.
The term includes prevention of biosolids use, biosolids processes
or disposal by the receiving treatment facility in accordance with
Section 405 of the Act (33 U.S.C. § 1345) or any criteria,
guidelines or regulations developed pursuant to the Solid Waste Disposal
Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or
more stringent state criteria, including those contained in any state
biosolids management plan prepared pursuant to Title IV of SWDA applicable
to the method of disposal or use employed by the receiving treatment
facility.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1347), and which applies to a specific category
of industrial users.
A permit issued pursuant to section 402 of the Act (33 U.S.C.
§ 1342).
Any user of the Authority wastewater collection
and treatment system which commenced operation after the publication
by the EPA of proposed categorical pretreatment standards which will
be applicable to that user after final EPA promulgation of such standards
in accordance with section 307 of the Act, provided that:
The building, structure, facility or installation
from which the discharge originates is constructed at a site at which
no other source is located; or
The building, structure, facility or installation
totally replaces the production equipment that causes the discharge
of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under
this section has commenced if the owner or operator has:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for the placement, assembly or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable period of time. Options
to purchase or contracts which can be terminated or modified without
substantial loss and contracts for feasibility, engineering "and design
studies do not constitute a contractual obligation under this section.
A discharge which exits the Authority treatment plant into
waters of the United States in quantities or concentrations which,
alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the 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, any other legal entity or any of their legal representatives,
agents or assigns. The masculine gender shall include the feminine.
The singular shall include the plural where indicated by the context.
A measure of the acidity or alkalinity of a solution expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, biosolids, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The reduction of the amount of pollutants, the elimination
of pollutants, the alteration of the nature of pollutants or the alteration
of the nature of pollutant properties in wastewater to a less harmful
state prior to, or in lieu of, discharging or otherwise introducing
such pollutants into the Authority wastewater collection and treatment
system. The reduction or alteration can be obtained by physical, chemical
or biological processes or by process changes or by other means except
as prohibited by 40 CFR Section 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on a user by
the Borough.
Any prohibited discharge standards, categorical pretreatment
standards or local limits.
Any industrial/commercial user of the Authority's or contributing
municipality's wastewater collection system who:
Is subject to categorical pretreatment standards;
Discharges an average of 25,000 gallons per
day process wastewater to the Authority collection and treatment system;
Contributes a process wastestream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the Authority treatment plant;
Is designated as such by the Authority on the
basis that the user has a reasonable potential for adversely affecting
the operation of the treatment plant, the quality of the biosolids
generated at the Authority treatment system or for violating any pretreatment
standard or requirement.
A permit issued by the Authority to an industrial/commercial user in accordance with § 258-49D of this article.
An industrial user is in significant noncompliance if his
violations meet one or more of the following criteria:
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all the measurements taken
during a six-month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same pollutant parameter;
Technical review criteria (TRC) violations,
defined as those violations in which 33% or more of all of the measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily average maximum limit or the average
limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil
and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent
limit (daily maximum or longer-term average) that the Authority determines
has caused, alone or in combination with other discharges, an interference,
pass-through or upset at the treatment plant (including endangering
the health of Authority personnel or the general public);
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment
or has resulted in the Borough exercising its emergency authority
under 40 CFR 403 paragraph (f)(1)(vi)(B) to halt or prevent such a
discharge;
Failure to meet, within 90 days after the scheduled
date, a compliance schedule date or a compliance schedule milestone
contained in a local control mechanism or enforcement action for starting
construction, completing construction or attaining final compliance;
Failure to accurately report incidents of noncompliance;
or
Any other violation or group of violations that
the Authority determines will adversely affect the overall implementation
of its industrial pretreatment program.
Any intentional or accidental discharge at a flow rate or concentration which could cause a violation of any pretreatment standard set forth in accordance with § 258-47A of this article or in Section 403.5 of the General Pretreatment Regulations.
All significant industrial users are required to submit to the Authority a slug control plan which meets the criteria set forth in § 258-47G of this article.
A classification pursuant to the Standard Industrial Classification
manual issued by the Executive Office of the President, Office of
Management and Budget 1972.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
The person designated by the Authority to supervise the operation
of the treatment system and who is charged with certain duties and
responsibilities by this article, or his duly authorized representative.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids, and which is removable
by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
Clean Water Act, or other acts promulgated by the federal or state
governments.
Any person who contributes, causes or permits the contribution
of wastewater into the Authority collection and treatment system,
including those person(s) who distribute drinking water in the Borough's
service area.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the collection system.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state any portion thereof.
C.
Abbreviations. The following abbreviations shall have
the designated meanings:
|
BOD
|
Biochemical oxygen demand
| |
|
CFR
|
Code of Federal Regulations
| |
|
COD
|
Chemical oxygen demand
| |
|
CWA
|
Clean Water Act
| |
|
EPA
|
United States Environmental Protection Agency
| |
|
mg/l
|
Milligrams per liter
| |
|
O&M
|
Operation & maintenance
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
Borough
|
Borough of Norristown
| |
|
SIC
|
Standard Industrial Classification
| |
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et. seq.
| |
|
U.S.C.
|
United States Code
| |
|
TKN
|
Total Kjeldahl nitrogen
| |
|
TSS
|
Total suspended solids
|
A.
General.
(1)
No user or significant industrial user may contribute
or cause to be contributed, directly or indirectly, any pollutant
or wastewater which will cause a pass-through or interference in the
Authority wastewater collection and treatment system, will create
a hazard to the environment, the general public or Authority personnel
or will cause the Authority to violate any general pretreatment regulation,
NPDES permit or biosolids requirement. These general prohibitions
apply to all such users of a wastewater collection and treatment system,
whether or not the user is subject to National Categorical Pretreatment
Standards or any other national, state or local pretreatment standards
or requirements.
(2)
A user or significant industrial user may not contribute
the following substances to any wastewater collection and treatment
system:
(a)
Any liquids, solids or gases which, by reason
of their nature or quantity, are or may be sufficient either alone
or by interaction with other substances to cause fire or explosion
or be injurious in any other way to the wastewater collection and
treatment system or to the operation of the wastewater collection
and treatment system. At no time shall two successive readings on
an explosion hazard meter at the point of discharge into the system
(or at any point in the system) be more than 5% nor any single reading
over 10% of the lower explosive limit (LEL). Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, hydrides, sulfides, aldehydes,
peroxides, chlorates, perchlorates, bromates and carbates and any
other substance which presents a fire hazard or other hazard to the
sewer system, including any material or wastestream exhibiting a closed
cup flashpoint of less than 140° F. (i.e., wastestreams whose
vapors ignite or burn at temperatures below 140° F.).
(b)
Solid or viscous substances which may cause
obstruction to the flow in a sewer or other interference with the
operation of the wastewater treatment facilities, such as, but not
limited to, grease, garbage with particles greater than 1/2 inch in
any dimension, animal guts or tissues, paunch manure, bones, hair,
hides, fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent hops, waste paper, wood,
plastics, gas, tar, asphalt residues, mud, glass grinding, polishing
wastes, petroleum oil, nonbiodegradable cutting oil or mineral oil
products which will interfere or cause pass-through at the Borough
treatment plant.
(c)
Any wastewater having a pH less than 5.0 or
greater than 9.0 or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment and/or
personnel of the wastewater collection and treatment system.
(d)
Any wastewater containing toxic pollutants in
sufficient quantity, either alone or in conjunction with other pollutants,
that will cause a pass-through or interference in the Authority wastewater
collection and treatment system, will create a hazard to the environment,
the general public or Authority personnel or will cause the Authority
to violate any general pretreatment regulation, NPDES permit or biosolids
requirement. These general prohibitions apply to all such users of
a wastewater collection and treatment system, whether or not the user
is subject to National Categorical Pretreatment Standards or any other
national, state or local pretreatment standards or requirements. A
toxic pollutant shall include, but not be limited to, any pollutant
identified pursuant to Section 307(a) of the Act.
(e)
Any noxious or malodorous liquids, gases, vapors,
solids or fumes which, either alone or in conjunction with other wastes,
are sufficient to create a public nuisance or hazard to life, cause
health and safety problems or are sufficient to prevent entry into
the sewers for maintenance and repair.
(f)
Any substance which may cause the wastewater
collection and treatment system's effluent or any other product of
the wastewater collection and treatment system such as residues, biosolids
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 wastewater collection and treatment system cause the wastewater
collection and treatment system to be in noncompliance with biosolids
use or disposal criteria, guidelines or regulations developed under
Section 405 of the Act; any criteria, guidelines or regulations affecting
biosolids use or disposal developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substance Control Act or state criteria
applicable to the biosolids management method being used.
(g)
Any substance which will cause the Authority
to violate its NPDES permit or the receiving stream water quality
standards.
(h)
Any wastewater with objectionable color not
removed in the treatment process such as, but not limited to, dye
wastes and vegetable tanning solutions.
(i)
Any wastewater having a temperature which will
inhibit biological activity in the wastewater collection and treatment
system treatment plant resulting in interference, but in no case wastewater
with a temperature at the introduction into the wastewater collection
and treatment system which exceeds 40° C. (104° F.).
(j)
Any pollutants, including oxygen demanding pollutants
(BOD, COD, etc.), released at a flow rate and/or pollutant concentrations
which cause interference to the wastewater collection and treatment
system. In no case shall a slug load have a flow rate or contain concentrations
or quantities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
(k)
Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limits
established by the Manager in compliance with applicable state or
federal regulations.
(l)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
(m)
Stormwater, groundwater, roof runoff, subsurface
drainage or cooling water.
(n)
Trucked or hauled wastes except at a point of
discharge indicated by the wastewater treatment plant superintendent
or his duly authorized agent.
(3)
When the Authority determines that a user or significant
industrial user is contributing to the wastewater collection and treatment
system any of the above enumerated substances in such amounts as to
interfere with the operation or cause pass-through of the system,
the Authority shall advise the user of the impact of such contribution
on the wastewater collection and treatment system and develop effluent
limitations for such user to correct the violation.
(4)
The Authority may also take enforcement action(s)
against the noncomplying user or significant industrial user whether
or not the user or significant industrial user was given prior notification
of the violation by the Authority.
B.
Federal Categorical Pretreatment Standards. Upon the
promulgation of the Federal Categorical Pretreatment Standards for
a particular industrial subcategory, the federal standard, if more
stringent than limitations imposed under this article for sources
in that subcategory, shall immediately supersede the limitations imposed
under this article. Each user or significant industrial user shall
be responsible to notify the Authority and the contributing municipality
of changes to his status under the federal, state or local regulations.
The National Categorical Pretreatment Standards found in 40 CFR Part
405 through 471 are hereby incorporated into this article.
(1)
Where a categorical pretreatment standard is expressed
only in terms of the mass or the concentration of a pollutant in wastewater,
the superintendent may impose equivalent concentration or mass limits
in accordance with 40 CFR part 403.6(c).
(2)
When wastewater subject to a categorical pretreatment
standard is fixed with wastewater not regulated by the same standard,
the superintendent shall impose an alternate limit using the combined
wastestream formula in 40 CFR Part 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR Part 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical
standard from the EPA in accordance with 40 CFR Part 403.15.
C.
Modification of Federal Categorical Pretreatment Standards.
Where the Authority's wastewater treatment plant achieves consistent
removal of pollutants limited by federal pretreatment standards, the
Authority may apply to the approval authority for modifications of
specific limits in the federal pretreatment standards. "Consistent
removal" shall mean the reduction in the amount of a pollutant or
alteration of the nature of the pollutant by the wastewater collection
system to a less toxic or harmless state in the effluent which is
achieved by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c) (2) of Title 40 of
the Code of Federal Regulations, Part 403, General Pretreatment Regulations
for Existing and New Sources of Pollution, promulgated pursuant to
the Act. The Authority may then modify pollutant discharge limits
in the federal pretreatment standards if the requirements contained
in 40 CFR Part 403, Section 403.7, are fulfilled and prior approval
from the approval authority is obtained.
D.
Specific pollutant limitations. No user shall contribute
directly or cause to be contributed, directly or indirectly, wastewater
containing pollutants or substances in excess of the following:
|
Parameter
|
Daily Maximum Concentration
(mg/l)
| |
|---|---|---|
|
BOD
|
250
| |
|
TSS
|
250
| |
|
Phosphorus (Total as P)
|
10
| |
|
Ammonia nitrogen (NH3-N)
|
25 as N
| |
|
Total Kjeldahl nitrogen (TKN)
|
40 as N
| |
|
Oil and grease
|
100
| |
|
Arsenic
|
33.6165
| |
|
Cadmium
|
0.7063
| |
|
Chromium (Total)
|
41.1714
| |
|
Copper
|
29.4001
| |
|
Cyanide
|
1.4404
| |
|
Lead
|
7.3438
| |
|
Mercury
|
0.0358
| |
|
Molybdenum
|
5.3149
| |
|
Nickel
|
10.8313
| |
|
Selenium
|
0.8120
| |
|
Silver
|
1.6360
| |
|
Zinc
|
13.2656
|
E.
Authority's right of revision. The Authority reserves the right to require West Norriton Township to establish by ordinance limitations or requirements as least as stringent as the Borough's for users whose wastewater is ultimately treated at the Authority's wastewater treatment plant in order to comply with the objectives presented in § 258-46A of this article.
F.
Dilution. No user or significant industrial user shall
ever increase the use of process water or in any way attempt to dilute
a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the limitations contained in the Federal
Categorical Pretreatment Standards or with any other pollutant-specific
limitation developed by the Authority, West Norriton Township, state
or federal agencies.
G.
Accidental or slug discharge.
(1)
Each significant industrial user shall provide protection
from accidental or slug 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 or significant industrial user's own cost and expense.
In the case of an accidental discharge, it is the responsibility of
the user to immediately telephone and notify the Authority of the
incident. The notification shall include location of discharge, type
of waste, concentration and volume, and corrective actions taken to
minimize and eliminate the violation.
(2)
In addition, the Authority will evaluate at least
once every two years whether a significant industrial user needs to
develop or update a slug control plan. Detailed slug control plans
showing facilities and operating procedures to provide slug control
protection shall be submitted to the Authority for review and approval
prior to implementation. A slug control plan shall contain, at a minimum,
the following information:
(a)
A description of discharge practices, including
routine or nonroutine batch discharges;
(b)
A description of new and spent chemical storage
procedures;
(c)
Procedures for immediately noticing the wastewater
treatment plant superintendent of any accidental or slug discharge,
including personnel responsible for such notifications;
(d)
Procedures to prevent adverse impact from an
accidental or slug discharge. Such procedures shall include, but are
not limited to, inspection and maintenance of chemical storage areas,
handling and transferring of raw and finished products and chemicals,
control of site runoff, worker training, building of containment structures,
available containment equipment and contacted environmental services
which assist the user fulfill these plans.
(3)
A significant industrial user who commences contribution
to the wastewater collection and treatment system after the effective
date of this article shall not be permitted to introduce pollutants
into the system until a slug control plan has been approved by the
Authority. Review and approval of such plans and operating procedures
shall not relieve the significant industrial user from the responsibility
to modify his facility, as necessary, to meet the requirements of
this article.
H.
Written report.
(1)
Within five days following an accidental discharge,
the significant industrial user shall submit to the Authority and
to the contributing municipality a detailed written report which shall
contain the following information:
(a)
The cause of the noncompliance;
(b)
The anticipated time that this condition had
occurred and which it has been corrected;
(c)
The steps taken by the user to reduce and minimize
the impact of the noncompliance;
(d)
The steps taken by the user to prevent a reoccurrence
of the conditions which caused or led to the accidental or slug loading.
(2)
Such report shall not relieve the significant industrial
user of any fines, civil penalties or other liability which may be
imposed as described in this article, the enforcement response plan
or any other applicable law.
I.
Notice to employees. A notice shall be permanently
posted on the significant industrial user's bulletin board or other
prominent place advising employees whom to call in the event of an
accidental or slug discharge. Employers shall ensure that all employees
who may be involved with-hazardous materials are aware of such emergency
notification procedures.
A.
Purpose. It is the purpose of this section to provide
for the recovery of costs from users and significant industrial users
of the Authority's treatment system for the implementation of the
program established herein. The applicable charges or fees shall be
set forth in the Authority's and contributing municipality's schedule
of charges and fees.
B.
Charges and fees.
(1)
The Authority may adopt charges and fees (after a
reasonable public notification period) which may include:
(a)
Fees for reimbursement of the costs of setting
up and operating the Authority's industrial pretreatment program;
(b)
Fees for monitoring, inspections and sampling
associated with the industrial pretreatment program;
(c)
Fees for reviewing accidental discharge procedures
and construction plans;
(d)
Fees for review of permit applications;
(e)
Fees associated with the review of permit appeals;
(f)
Fees for consistent removal by the Authority
of pollutants otherwise subject to federal pretreatment standards;
(g)
Other fees the Authority and/or the contributing
municipality 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
contributing municipality and/or the Authority.
A.
Wastewater dischargers.
(1)
It shall be unlawful to discharge any wastewater to
any sanitary sewer in any area under the jurisdiction of or within
the service area of the Authority or West Norriton Township except
as authorized in writing by the Authority in accordance with the provisions
of this article. The Authority may require any unpermitted or permitted
users of the sewer system to provide any information needed to determine
compliance with this article or other applicable local, state or federal
laws, rules or regulations. These requirements include, but are not
limited to:
(a)
Wastewater discharge peak rate and volume records
over a specified time period;
(b)
Information on raw materials, processes and
products affecting wastewater volume and quality;
(c)
Quantity and disposition of specific liquid,
biosolids, oil, solvent or other materials which may impact the operation
of the Authority sewer system;
(d)
A plot plan of all sewer facilities on the user's
property, including the number and location of all sewer lateral connections
to the Authority sewer system;
(e)
Details of control measures taken by the user
to prevent and control stormwater, drainage and roof runoff from entering
the Authority sewer system;
(f)
Details of any significant changes to the nature
or quantity of their discharge, including increased flows of 25% or
more, or the promulgation of a categorical pretreatment standard which
applies to their discharge;
(2)
All users must notify the Authority, EPA and the PADER
of discharges to the sewer system which, if disposed of in any other
manner, would be considered a hazardous waste under federal regulations
40 CFR Part 261.
(3)
Costs incurred for developing the information described
above shall be paid by the user and are in addition to all other sewer
use, permit and surcharge fees charged by the Authority or West Norriton
Township.
(4)
The user shall be responsible for obtaining and submitting
all applicable township, Borough, Authority, county, regional, state
or federal permits or planning documents required for approval of
a sewer connection.
B.
Significant industrial user permits. All users proposing
to or already connected into the Authority sewer system which are
deemed a significant industrial user through Borough review of the
waste questionnaire or permit application must obtain a wastewater
contribution permit from the Borough prior to commencing discharge.
In addition, whenever an existing insignificant industrial user becomes
subject to a new National Categorical Pretreatment Standard, the user
must reapply to the Authority for a significant industrial user wastewater
contribution permit within 180 days after the promulgation of the
applicable National Categorical Pretreatment Standard.
(1)
Permit application.
(a)
Any user required to obtain a significant industrial
user permit shall complete and file with the Authority an application
in the form prescribed by the Authority, accompanied by the required
permit filing fee. In support of the application, the significant
industrial user shall submit in units and terms appropriate for evaluation
the following information:
[1]
Name, address and location of the facility (if
it different from the address);
[2]
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget 1972, as amended;
[3]
Wastewater constituents and characteristics, including but not limited to those parameters listed in § 258-47 of this article, as determined by an approved analytical laboratory. This sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
[4]
Time and duration of wastewater contribution;
[5]
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variation, if any;
[6]
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation;
[7]
Description of activities, facilities and plant
processes on the premises, including all materials which have a potential
for entering the sewer system either accidentally or by purpose;
[8]
The nature and concentration of any pollutants
in the discharge which are limited by any Borough, Authority, township,
state or federal pretreatment standards; and a statement regarding
whether or not the pretreatment standards are being met on a consistent
basis, and if not, whether additional operation and maintenance (O&M),
source reduction efforts and/or additional pretreatment required for
the significant industrial user to meet applicable pretreatment standards.
[9]
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the schedule by which
the significant industrial user will provide such additional pretreatment.
For significant industrial users subject to federal categorical standards,
the completion date in this schedule can be no later than the compliance
date established by the EPA for the applicable pretreatment standard.
The following shall also apply to this schedule:
[a]
The schedule shall contain increments
of progress in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional
pretreatment facilities required for the significant industrial user
to meet the applicable pretreatment standards. This may include dates
for installing a sampling manhole, 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
B(1)(a)[9][a] shall exceed nine months;
[c]
No later than 14 days following
each date in the schedule and the final date for compliance, the significant
user shall submit a progress report to the Borough, 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 significant industrial user to return the
construction to the schedule established. In no event shall more than
nine months elapse between such progress reports to the Authority;
[d]
Each product produced by type,
amount, process or processes and rate of production;
[e]
Type and amount of raw materials
processed (average and maximum per day);
[f]
Number and type of employees, the
hours of plant operation and the proposed or actual hours of pretreatment
system operation.
[g]
Any other information as may be
deemed by the Authority necessary to in evaluating the permit application.
[10]
A list of all other environmental control permits
held by or for the facility;
(b)
The Authority will evaluate the data furnished
by the significant industrial user and will notify the user of any
additional information necessary to complete the application review
process. After evaluation and acceptance of the data supplied, the
Authority may approve the issuance of a significant industrial user
permit subject to terms and conditions provided herein.
(2)
Permit conditions. significant industrial user permits
shall be expressly, subject to all provisions of this article and
all other applicable regulations, user charges and fees established
by the Authority and/or the contributing municipality by way of separate
ordinances. The permit may contain, but is not limited to the following
requirements:
(a)
Statement of duration;
(b)
Statement on nontransferability;
(c)
All applicable pretreatment standards for their
discharge;
(d)
Limits on average and maximum flow rate and
time of discharge or requirements for flow regulations and equalization;
(e)
Requirements for installation and maintenance
of inspection and sampling facilities;
(f)
Specifications for monitoring programs which
may include sampling locations, frequency of sampling, number, types
and standards for tests and reporting schedule;
(g)
Compliance schedules;
(i)
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the Borough
and affording the Borough access thereto;
(j)
Requirements for prior notification of the Borough
and West Norriton Township 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 collection system;
(l)
Specification of type and amount of raw materials
processed (average and maximum per day);
(m)
Statement of all applicable civil or criminal
penalties for noncompliance;
(n)
Other conditions as deemed necessary by the
Authority to ensure compliance with this article.
(3)
Reporting requirements in permits.
(a)
Compliance data report.
[1]
Within 90 days following the date for final
compliance with applicable categorical pretreatment standards or,
in the case of a new source, following commencement of the introduction
of wastewater into the sewer system, any significant industrial user
subject to Federal Categorical Pretreatment Standards shall submit
to the Authority a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by pretreatment standards or requirements. The report
shall state whether the applicable pretreatment standards or requirements
are being met on a consistent basis and, if not, what additional O&M
and/or pretreatment is necessary to bring the significant industrial
user into compliance with the applicable pretreatment standards or
requirements. This statement shall be signed by an authorized representative
of the significant industrial user and certified by a qualified professional
engineer.
[2]
Based on the review of this data, the Authority
may reissue the wastewater contribution permit for this significant
industrial user as soon as possible alter incorporating the applicable
standards.
(b)
Periodic compliance reports.
[1]
Every significant industrial user shall have
their wastewater sampled and analyzed at a frequency specified in
the wastewater contribution permit. The frequency and number of pollutants
analyzed for will be specific for each industry. The Authority may
at any time require the significant industrial user to perform additional
sampling if it believes the conditions of this article are not being
met. The significant industrial user must submit to the Authority
during the months of June and December, unless required more frequently
by the Authority, an update report indicating any process, production
or flow rate changes which occurred during the previous six-month
period. This report will also include a record of all daily flow which,
during the reporting period, exceeded the average daily flow allowed
in the contract. At the discretion of the Authority and in consideration
of such factors as local high or low flow rates, holiday, budget cycles,
etc., the Authority may agree to alter the months during which the
above reports are to be submitted. In the event the results of the
analysis exceed the pretreatment standards given in the wastewater
contribution permit, the permittee shall provide immediate verbal
notification to the Authority treatment plant superintendent. The
permittee shall also repeat sampling and analyses and submit the results
of the analyses to the Authority within 30 days after becoming aware
of the violation(s).
[2]
The Authority may impose mass limitations on Significant Industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(3)(b)[1] of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed by the Authority in the wastewater contribution permit. All analyses shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other EPA-approved test procedures. Sampling shall also be performed in accordance with approved techniques.
(4)
Permit duration. Permits shall be issued by the Authority for a specified time period not to exceed five years. All significant industrial users shall apply for a reissuance of their wastewater contribution permit a minimum of 180 days prior to the expiration of their existing permit. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit, as limitations or requirements as identified in § 258-47 are modified or other just cause exists. A significant industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Where necessary, a schedule for complying with these changes or new conditions may also be issued by the Authority.
(5)
Permit modifications. Upon the promulgation of a National
Categorical Pretreatment Standard, a significant industrial user subject
to such standards shall have their wastewater contribution permit
revised to require compliance with such standards.
(6)
Permit transfer. Wastewater contribution permits are
issued to a specific significant industrial user for a specific operation.
These permits shall not be reassigned, transferred or sold to a new
owner or significant industrial user, different premises or used for
a new or changed operation.
(7)
Signatory requirement. All reports, applications or
other information required to be submitted under this article shall
be signed by an authorized representative of the industrial user and
shall contain the following certification:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
|
C.
Sampling requirements. All measurements, tests and
analyses required for determining the characteristics of waters and
wastewaters to which reference is made in this article shall be performed
in accordance with 40 CFR Part 136. Sampling methods, locations, times,
durations and frequencies are to be determined on an individual basis
and will be specified in the individual wastewater contribution permits
issued to the significant industrial users. SIUs which sample more
frequently than the requirements given in their wastewater contribution
permit must submit copies of all such results to the Authority.
D.
Monitoring facilities. The coordinator and/or wastewater
treatment plant superintendent shall inspect the facilities of any
significant 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 the Authority's representative ready access during all
working hours to all parts of the premises for the purposes of inspection,
sampling, records examination and/or copying or in the performance
of any of his duties. The Authority has the right to set upon a significant
industrial user's property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and/or metering operations.
Where a significant industrial user has security measures in force
which require proper identification and clearance before entry into
his premises, the significant industrial user shall make necessary
arrangements with his security guards so that upon presentation of
suitable identification personnel from the Authority, PADER or the
EPA will be permitted to enter without delay for the purposes of performing
their specific responsibilities.
E.
Pretreatment. Users and significant industrial users
shall provide necessary wastewater treatment as required to comply
with this article and any applicable Federal Categorical Pretreatment
Standards within the time limitations as specified by the Authority
or in the federal pretreatment regulations. Any equipment or facilities
required to pretreat wastewater to a level acceptable to the Authority
shall be provided, operated and maintained at the user's expense.
The Authority may require that detailed plans showing the pretreatment
facilities and operating procedures to be submitted to the Authority
for review and shall be deemed acceptable to the Authority before
construction of the facility. The review of such plans and operating
procedures will in no way relieve a user from the responsibility of
modifying his facility as necessary to produce an effluent acceptable
to the Authority under the provisions of this article. Any subsequent
changes in the pretreatment facilities or method of operation or any
change which may result in a new or increased discharge of pollutants
shall be reported to and be accepted by the Authority prior to the
user's or significant industrial user's initiation of the changes.
F.
Recordkeeping requirements.
(1)
Users subject to the recordkeeping requirements of
this section shall retain and make available for inspection and copying
all records of information obtained pursuant to any monitoring or
reporting requirements required in this article, including any monitoring
activities undertaken by the user independent of these requirements.
Records shall include the name of the person(s) collecting and analyzing
all samples, the methodology used in analyzing the samples and the
results of these analyses. These records should be made available
for a minimum of three years. In the matters of litigation between
the user and the Authority or where specifically requested by the
EPA, the retention period is extended.
(2)
All records relating to compliance with pretreatment
standards shall be made available to West Norriton Township, Borough,
Authority, PADER or EPA upon request.
G.
Confidential information.
(1)
Information and data on a user or significant industrial
user obtained from reports, questionnaires, permit applications, permits,
monitoring programs and from inspections shall be available to the
public or governmental agencies without restriction unless the user
or significant industrial user specifically requests and is able to
demonstrate to the satisfaction of the Authority that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the user
or significant industrial user.
(2)
When requested by the person furnishing a report,
those portions of a report 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 NPDES permit, biosolids
disposal/refuse forms and/or the general pretreatment regulations.
Any such portions of a report shall also be available for use by any
state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
(3)
Information accepted by the Authority as confidential
shall not be transmitted to the general public by the Authority until
after a ten-day notification is given to the user or significant industrial
user.
H.
Falsifying information. Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or user or significant industrial user permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be punished as provided by law and shall be subject to the fines set forth in § 258-51.
A.
Notification of violation. Whenever the Authority
finds that any user has violated or is violating this article, their
wastewater contribution permit or the general pretreatment regulations,
the Authority shall serve upon the user a written notice of violation
(NOV). Within 15 days of the certified receipt of the NOV, the user
must submit to the Authority a written response which contains the
following information:
(1)
Cause of noncompliance;
(2)
Anticipated duration of the noncompliance and the
time by which the violation will be corrected;
(3)
Steps taken by the user to reduce and eliminate the
noncomplying discharge;
(4)
Steps taken by the user to prevent reoccurrence of
the condition(s) leading to the noncompliance;
(5)
The signature of an authorized representative of the
user that certifies to the validity of the report.
B.
Show-cause hearing. When a response given by the user
to a previous NOV is inadequate or when a violation results in conditions
which could cause the Authority to violate its NPDES permit or biosolids
quality requirements or results in a hazardous situation within the
Authority sewer system, the Authority will notify a user by certified
mail of the requirement that the user attend a show-cause hearing.
A show-cause hearing is an official meeting between the Authority
and an industrial user to resolve conditions of continued violations.
The hearing may result in the Authority issuing an administrative
order to the industrial user or, if conditions warrant, civil penalties
or injunctive relief.
C.
Administrative order. An administrative order is an
official enforcement document which directs a user or significant
industrial user to undertake or to cease specific activities and which
carries specific legal actions to be enforced when addressing continued
noncompliance. The order may contain a compliance schedule specifying
the time frame by which the user must perform certain activities which
will ultimately result in compliance with all requirements contained
in the order.
D.
Public notification of noncompliance. The Authority shall annually publish in the largest daily newspaper published or circulated in the Borough a list of the users and significant industrial users determined to be in significant noncompliance (as defined in § 258-46B of this article) during the preceding 12 months. The notification shall also summarize any enforcement actions taken against those users and significant industrial users by the Authority during the same 12 months in accordance with 40 CFR 403.8(f)(2)(vii).
E.
Right to appeal.
(1)
Appeal. A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit, may appeal the decision in writing to the Authority with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under Subsection B.
(2)
Notice of hearing. Thereafter, upon notice in writing
given to the permit holder or any agent or officer thereof at least
five days prior to the time fixed therefor, Authority shall convene
and conduct a hearing on the propriety or lack thereof of the notice
of suspension or revocation. The cost of the stenographic transcript
of such a proceeding shall be borne by the Appellant, who shall pay
a filing fee of $300.
(3)
Method of decision. The findings and determinations
of the Authority shall be in writing and shall be mailed to the owner
or to his duly authorized representative within 48 hours of the hearing,
with a certified copy thereof to be filed with the Authority's WWTP
superintendent who originally served the notice of suspension or revocation.
The determination shall be binding both upon the Authority and all
parties in interest.
(4)
Action following appeal decision. If the decision
of the Authority sustains the notice of suspension or revocation of
permit, the user shall be given 10 days' notice of the new date of
suspension or revocation by the Authority.
A.
Civil penalty assessment.
(1)
In addition to the other enforcement actions described
within the enforcement response plan (ERP), the Authority may also
seek civil penalties and/or injunctive relief against industrial/commercial
users who fail to comply with the requirements of this article or
their wastewater contribution permit.
(2)
Civil penalties vary from $500 up to $25,000 per day
per violation depending on the severity of the violation and other
factors. In civil penalty assessment, the Authority will consider
all of the following factors:
(a)
Damage to the Authority's treatment plant or
collection system, the environment or collection system personnel
resulting from the violation;
(b)
The industrial/commercial user's history of
past violations;
(c)
The level of cooperation obtained from the industrial/commercial
user;
(d)
The economic benefit gained by the industrial/commercial
users as a result of the noncompliance;
(e)
Other relevant factors.
(3)
The general civil assessment policy of the Borough
of Norristown is given in Table 1.[1] All fines listed were developed in accordance with the
Publicly Owned Treatment Works Penalty Law (Pennsylvania Act 9) and
will be assessed on a per day per violation basis. The fines shown
are maximum penalties, which the Authority has the right to reduce
or waive in certain circumstances.
[1]
Editor's Note: Table 1 is on file in the Borough
offices.
(4)
All civil penalties collected pursuant to this civil
penalty assessment policy will be placed in restricted account and
shall only be used by the Authority for the repair of damage and any
additional maintenance or other costs resulting from the violation(s)
on which the penalty was imposed, to pay any penalties imposed on
the Authority by a state or federal agency as a result of violating
any pretreatment standards, for the costs incurred by the Authority
to investigate and initiate enforcement actions against the noncomplying
discharge (including legal and engineering fees), for additional monitoring
costs associated with the noncomplying industrial/commercial user
and for capital improvements to the treatment plant or collection
system required by the pretreatment program. Any remaining funds may
be used for capital improvements to the treatment plant or collections
system not required by the pretreatment program.
(5)
The Authority's ability to seek civil penalties against
noncomplying users shall apply to all industrial/commercial users
of the Authority's wastewater collection and treatment system regardless
of political boundary. The civil penalties may be sought in the Court
of Common Pleas where the Authority's treatment plant is located,
where the activity took place, where the condition exists or the public
was affected, and to that end jurisdiction is hereby conferred in
law and equity upon such courts.
B.
Injunctive relief.
(1)
Where necessary, the Authority shall also have the
power to obtain injunctive relief against any industrial/commercial
users who are in violation of a pretreatment standard or requirement.
Injunctive relief will be granted pursuant to Pennsylvania law if
any of the following conditions can be determined to be true:
(a)
A discharge from an industrial/commercial user
presents an imminent or substantial danger to the environment;
(b)
A discharge from an industrial/commercial user
causes the Authority to violate any condition of its NPDES permit,
biosolids application standards or other state or federal requirement;
(c)
A discharge from an industrial/commercial user
presents an imminent or substantial danger to the Authority's treatment
plant or collection system, Authority personnel or the general public;
(d)
The industrial/commercial user has shown a lack
of ability or intention to comply with a pretreatment standard or
pretreatment requirement.
(2)
Injunctive relief may also be issued against a noncomplying industrial/commercial user if the court determines that other enforcement actions available to the Authority would not be adequate to affect prompt correction of the condition or violation. In addition to injunctive relief, the Authority may also be granted civil penalties according to Subsection A of this section.
(3)
The Authority's ability to seek injunctive relief
against noncomplying industrial/commercial user shall apply to all
industrial/commercial users regardless of political boundary. The
injunctive relief may be sought in the Court of Common Pleas where
the Authority's treatment plant is located, where the activity took
place, where the condition exists or the public was affected, and
to that end jurisdiction is hereby conferred in law and equity upon
such courts.
C.
Right to appeal. The industrial/commercial user charged
with any penalty previously described shall have 30 days to pay the
proposed penalty in full or, if the industrial/commercial user wishes
to contest either the amount of the penalty or the fact of the violation,
the industrial/commercial user must file an appeal of the action pursuant
to the municipal law or home rule charter or, in the absence of these,
within 30 days pursuant to 2 PA.C.S.
[Added 3-18-2008 by Ord.
No. 08-03]
All industrial users of the Municipality shall abide by the
following mandates for local limits to be discharged into the Municipal
waste system:
|
Parameter
|
Concentration
(mg/l)
|
|---|---|
|
cBOD
|
671.23
|
|
Aluminum, total
|
11.22
|
|
Ammonia-nitrogen
|
90.75
|
|
Arsenic, total
|
0.01
|
|
Cadmium, total
|
0.02
|
|
Chromium, total
|
0.04
|
|
Copper, total
|
0.60
|
|
Cyanide, total
|
0.15
|
|
Lead, total
|
0.15
|
|
Mercury, total
|
0.01
|
|
Molybdenum, total
|
n/a
|
|
Nickel, total
|
0.43
|
|
Oil/grease
|
248.92
|
|
Selenium, total
|
0.05
|
|
Silver, total
|
0.26
|
|
TSS
|
628.72
|
|
Zinc, total
|
5.81
|
