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Borough of Punxsutawney, PA
Jefferson County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
Discharge of any industrial waste to the sewer system without a wastewater discharge permit, except as authorized by the Borough in accordance with the provisions of the industrial pretreatment program, is an unauthorized discharge and subject to the penalties provided herein.
All significant industrial users proposing to connect to or to discharge to the sewer system shall obtain a wastewater discharge permit before connecting to or discharging to the sewer system.
Industrial users which are not significant industrial users do not require a wastewater discharge permit, but are required to comply with all other provisions of the industrial pretreatment program. If an industrial user makes changes to processes, flow, wastewater concentration, wastewater characteristics or other changes which result in the industrial user meeting the definition of significant industrial user, the industrial user shall immediately upon becoming aware that such a change has occurred, or 90 days prior to such a change if it is planned, notify the Borough and apply for a wastewater discharge permit.
Industrial users required to obtain a wastewater discharge permit shall complete and file with the Borough an application in the form prescribed by the Borough and accompanied by the fee prescribed in the Borough's schedule of fees at least 90 days prior to connecting to or discharging to the sewer system.
A. 
In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
The name, address and location (if different from the address).
(2) 
The SIC number or numbers according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) 
Wastewater constituents and characteristics as required by the Borough, as determined by a qualified analyst; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.
(4) 
Each product by type, amount, process or processes and rate of production.
(5) 
The type and amount of raw materials processed (average and maximum per day).
(6) 
The number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.
(7) 
The time and duration of wastewater or industrial waste contribution.
(8) 
The average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.
(9) 
Site plans, floor plans, mechanical and plumbing plans and details to show all building sewers, sewer connections and appurtenances by the size, location and elevation.
(10) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(11) 
The nature and concentration of any pollutants in the discharge which are limited by any Borough, state or federal pretreatment requirements (including local limits) or categorical standards, and a statement regarding whether or not the categorical standard or pretreatment requirements are being met on a consistent basis and, if not, how the industrial user proposes to meet the categorical standards and/or pretreatment requirements, including whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the applicable categorical standard or pretreatment requirements. If the applicant is a categorical industrial user, this statement shall be signed by an authorized representative of the industrial user.
(12) 
If additional pretreatment and/or O&M will be required to meet categorical standards or other pretreatment requirements (including local limits), the shortest schedule by which the industrial user will provide such additional facilities or procedures shall be developed and submitted. The completion date of this schedule shall not be later than the compliance date established for any applicable categorical standard. The following conditions shall 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 required for the industrial user to meet the applicable categorical standards or other pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completion construction, etc.).
(b) 
No increment referred to in Subsection A(12)(a) above shall exceed nine months.
(c) 
Not later than 14 days following each date in the schedule and the final date for compliance, the industrial 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 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 Borough.
(13) 
Any other information as may be deemed by the Borough to be necessary to evaluate the application.
(14) 
The application shall be signed and attested to by an authorized representative of the industrial user.
B. 
The Borough will evaluate the date furnished by the industrial user and may require additional information. After evaluation and acceptance of the date furnished, the Borough may issue a wastewater discharge permit subject to terms and conditions provided herein.
A. 
All information required by the Borough in the permit application shall be provided by the industrial user to the best of its ability.
B. 
If information regarding raw materials, processes, production rates or other manufacturing information is regarded as confidential by the industrial user, such information shall be marked "confidential" on the application form.
C. 
Confidentiality shall not apply to information regarding the flow of or the constituents in the industrial wastewater discharge.
D. 
Information accepted by the Borough as confidential shall be handled as detailed in § 192-53 of this article.
Wastewater discharge permits shall be expressly subject to all provisions of the industrial pretreatment program and all other applicable regulations, user charges and fees established by the Borough.
A. 
Permits shall contain the following:
(1) 
Limits on the average and maximum wastewater constituents and characteristics, including local limits and/or categorical standards, as applicable.
(2) 
A list of prohibited discharges, as presented in § 192-33 of this Part 4.
(3) 
Requirements for submission of technical reports or discharge reports, including the information to be contained and the signatory requirements of these reports.
(4) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
(5) 
Requirements for maintaining and retaining records relating to industrial waste and wastewater discharges and characteristics as specified by the Borough and affording the Borough access thereto.
(6) 
Requirements for notification to the Borough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being discharged into the sewer system.
(7) 
Requirements for notification of slug loads as per § 192-33I.
(8) 
Statement of duration of the wastewater discharge permit.
(9) 
Notification of the rules regarding transferability, as stated in § 192-41 of this article.
(10) 
Notification of penalties provided for noncompliance as contained in § 192-68 of this Part 4.
(11) 
Notification of right of appeal.
B. 
Permits may also contain other information, including but not limited to:
(1) 
Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.
(2) 
Requirements for installation and maintenance of inspection and sampling facilities.
(3) 
Requirements for installation and maintenance of pretreatment facilities.
(4) 
Requirements for developing and implementing special plans or practices such as toxic organic management plans, special management or housekeeping practices or other such procedures.
(5) 
Compliance schedules.
(6) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer system.
(7) 
Other conditions as deemed appropriate by the Borough to ensure compliance with this Part 4 or any other applicable ordinance.
Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new person, new industrial user, different premises, or a new or changed operation without the approval of the Borough. Any succeeding industrial user shall also comply with the terms and conditions of the existing wastewater discharge permit. The Borough may, at its discretion, deny the transfer of a wastewater discharge permit and require application for a new wastewater discharge permit under the provisions of this section.
Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period of less than a year or may be dated to expire on a specific date. The industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days prior to the expiration of the industrial user's existing wastewater discharge permit. The terms and conditions of the wastewater discharge permit may be subject to modification by the Borough during the term of the wastewater discharge permit as limitations or requirements as identified in § 192-33 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
A. 
If the industrial user has complied with the terms of the wastewater discharge permit and the industrial pretreatment program and has applied for renewal as provided for in § 192-42 of this article and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect until it is reissued or rescinded by the Borough.
B. 
If the wastewater discharge permit is not renewed because of a failure of the industrial user to apply for renewal in a timely fashion or through an act or omission of the industrial user, then discharge of industrial waste by the industrial user without a wastewater discharge permit is an unauthorized discharge and is subject to the enforcement provisions of this Part 4.
A. 
Any industrial user that is issued a wastewater discharge permit may appeal the permit conditions, in whole or in part. Appeal procedures shall be as set forth in Article VIII, § 192-63, of this Part 4.
B. 
During the process of appeal, the wastewater discharge permit shall remain in effect and shall be enforced with the exception of those conditions specified in writing in the appeal. Conditions imposed by federal or state regulations (e.g., categorical standards) shall not be waived. Conditions which, in the opinion of the Borough, would constitute a hazard or pose a potential threat of pollution if waived, shall not be waived during an appeal.
A. 
As soon as possible following the promulgation of a categorical standard, the wastewater discharge permit of industrial users subject to such standards shall be revised, if necessary, to require compliance with such categorical standard within the time frame prescribed by the categorical standard.
B. 
Where an industrial user, subject to a newly promulgated categorical standard, has not previously submitted an application for a wastewater discharge permit as required by Article VII, § 192-38, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard:
(1) 
Apply for a wastewater discharge permit.
(2) 
Provide the baseline monitoring information required by 40 CFR 403.12(b). This information may be incorporated into the application for a wastewater discharge permit.
C. 
An industrial user with an existing wastewater discharge permit shall submit to the Borough within 180 days after the promulgation of an applicable categorical standard the information required by 40 CFR 403.12(b).
D. 
A new source, or an industrial user that becomes a categorical industrial user through a change in facilities or processes, shall submit a report containing the information required by 40 CFR 403.12(b) at least 90 days prior to commencement of discharge from the regulated process or facility.
Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in § 192-38A(12) of this article. This statement shall be signed by an authorized representative of the industrial user and certified to by a certified professional.
A. 
All significant industrial users shall report to the Borough at least twice a year, the date of the report to be as determined by the Borough and contained in the wastewater discharge permit. Reports may be required more frequently, if deemed necessary by the Borough.
B. 
The reports required under this section shall contain, at a minimum, the measured concentrations of all pollutants regulated by the wastewater discharge permit, a record of all measured and estimated daily flow values to be reported in compliance with § 192-38A(8) of this Part 4 and a statement of accuracy and completeness signed and certified by the authorized representative of the significant industrial user.
C. 
As specified in 40 CFR 403.12(1), baseline monitoring reports (BMRs), reports on compliance with categorical standard deadlines (ninety-day compliance reports) and periodic compliance reports for CIUs must be signed by the appropriate official and contain the certification statement in 40 CFR 403.6(a)(2)(ii), which essentially attests to the integrity of the analytical data submitted.
D. 
For significant industrial users subject to categorical standards, if discharge limits are based on mass units per production unit, then production information regarding the regulated processes during the reporting period shall be included in the report, along with flow and concentration values, so that a determination of compliance or noncompliance with categorical standards can be made.
E. 
For significant industrial users subject to categorical standards, the authorized representative shall sign the certification of compliance with those standards.
A. 
If, upon receipt of valid sampling and testing results, an industrial user becomes aware that a violation of discharge limits has occurred, the industrial user shall, within 24 hours of becoming aware of the violation, notify the Borough of this fact. Within 30 days of this report, the industrial user shall sample and analyze its discharge(s) for each parameter found to be in violation and report the results of the resampling and analysis to the Borough.
B. 
Each significant industrial user shall have a duty, on receipt of validly obtained sampling and analysis results, of inspecting the results and determining if any wastewater discharge permit condition has been violated. Failure to examine and compare testing results with wastewater discharge permit conditions shall not be a valid defense for failure to comply with these reporting conditions.
All sampling and analysis performed in compliance with wastewater discharge permit conditions or to prepare the reports required in §§ 192-45, 192-46, 192-47 and 192-48 of this article shall be accomplished using techniques specified in 40 CFR 136 procedures any alternative procedures must be approved by the Administrator.
A. 
The Borough may require an industrial user to provide and operate, at the industrial user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the wastewater or industrial waste discharge. The monitoring facility should normally be situated on the industrial user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B. 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user.
C. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Borough's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Borough.
The Borough, the Pennsylvania Department of Environmental Resources (PADER), the approval authority and the USEPA may inspect the facilities of any user to ascertain whether the purposes of the industrial pretreatment program are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Borough or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The Borough, PADER, approval authority and USEPA 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 onto their premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Borough, approval authority, PADER and USEPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
Industrial users shall provide necessary wastewater pretreatment as required to comply with the industrial pretreatment program and shall achieve compliance with all applicable categorical standards within the time limitations as specified by the applicable categorical standards. Any facilities required for pretreatment shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review and shall be acceptable to the Borough before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce a discharge which complies with the provisions of the industrial pretreatment program. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Borough prior to the industrial user's initiation of the changes. The review and acceptance of plans and procedures by the Borough shall not be considered as an approval regarding their efficacy, safety or reliability; such considerations are solely the responsibility of the industrial user.
A. 
Information and data on an industrial user obtained from reports, questionnaires, wastewater discharge permit applications and monitoring programs and from inspections shall be available to the public or any governmental agency without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information, processes or methods of production are entitled to protection as trade secrets of the industrial user.
B. 
When requested by the person furnishing a report and supported by evidence acceptable to the Borough as to the need for protection as confidential material, the portion 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 the industrial pretreatment program, the Borough's NPDES permit, any state permit and/or the industrial pretreatment program; provided, however, that such portions of a report shall be available for use by the EPA, 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. 
The Borough shall maintain a secure place to store records containing confidential information and shall ensure that all records marked as confidential are kept secure from casual or public scrutiny.
D. 
When information accepted by the Borough as confidential is transmitted to any government agency, a notification to the industrial user shall be provided listing the confidential information transmitted and the governmental entity requesting it.
A. 
Any industrial user contemplating or planning a change in the manufacturing process, raw materials, auxiliary processes, pretreatment processes or other changes which may result in changes to wastewater character, composition, volume or rate of flow shall notify the Borough, in writing, at least 30 days prior to making such a change, or, if the change is unplanned, immediately upon making the change. The report shall include all information necessary to determine the effect on the wastewater of the change.
B. 
The Borough may, on receipt of such a report:
(1) 
Continue an existing wastewater discharge permit in effect.
(2) 
Require application for a new wastewater discharge permit.
(3) 
Modify an existing wastewater discharge permit to reflect the changed nature of the waste.
(4) 
Rescind and reissue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions.
(5) 
Revoke an existing wastewater discharge permit or require the industrial user to cease or prevent the discharge.
(6) 
Take such other action as its deems appropriate.
A. 
The Borough shall keep and maintain all records relating to the administration and enforcement of the industrial pretreatment program, including but not limited to wastewater discharge permit applications, investigations and calculations, wastewater discharge permits, inspection reports, industrial user reports, sampling results and enforcement activities, for a minimum of three years. In cases of ongoing litigation, records shall be maintained as long as they may be required.
B. 
All industrial users shall keep and maintain records of monitoring activities and results, wastewater discharge permits and reports to the Borough for a minimum of three years. In cases of ongoing litigation, such records shall be maintained as long as they may be required. Also, the period of record retention may be extended upon request from the approval authority.
A. 
If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Borough shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection A above, the Borough shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality.
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW.
(3) 
Such other information as the Borough may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part 4 and local limits which are at least as stringent as those set by the Borough. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Borough's ordinance or local limits.
(2) 
A requirement for the contributing municipality to submit a revised user inventory on an annual basis.
(3) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Borough; and which of these activities will be conducted jointly by the contributing municipality and the Borough.
(4) 
A requirement for the contributing municipality to provide the Borough with access to all information that the contributing municipality obtains as part of its pretreatment activities.
(5) 
Limits of the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW.
(6) 
Requirements for monitoring the contributing municipality's discharge.
(7) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.