City of Scranton, PA Discharge of Industrial Waste

Prevent the introduction of pollutants into the sewer system which will interfere with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the sewer system which will pass through the system, inadequately treated, into the receiving waters or the atmosphere or otherwise be incompatible with the system.

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER

Provide for equitable distribution of the operating cost of the sewer system.

This article defines certain terms and provides for the regulation of contributors to the sewer system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for all users, authorizes monitoring, testing, inspection and enforcement activities, requires industrial user reporting, assumes that existing customer's capacity will not be preempted, provides for the setting of fees for the equitable distribution of costs resulting from the program established herein and imposes penalties for industrial user noncompliance.

This article shall apply to the City of Scranton and to persons outside the City who are, by contract or agreement with the City or its agents, users of the City's sewer system. Except as otherwise provided herein, the City of Scranton or its duly authorized representatives or agents shall administer, implement and enforce the provisions of this article.

§ 383-21 Definitions.

Words, terms and phrases. The following words, terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

ACT OR THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.

APPROVAL AUTHORITY

The Regional Administrator of the Environmental Protection Agency.

An authorized representative of an industrial user may be a responsible corporate officer, if the industrial user is a corporation. For the purpose of this Article, a corporate officer means:

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 decisionmaking functions for the corporation; or

The manager of one (1) or more of manufacturing, production or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.) [in second quarter 1980 dollars], if the authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

By a general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively.

The principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user is a federal, state or local government entity, or their agents, or a charitable organization or other such unincorporated entity.

By a duly authorized representative of the individual described in Subsections (a), (b) or (c) of this definition:

The authorization is made, in writing, by the individual in Subsection (1), (2) or (3).

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well or a wellfield superintendent or a position of equivalent responsibility or having overall responsibility for environmental matters for the company.

The written authorization is submitted is submitted to the control authority.

BOD (BIOCHEMICAL OXYGEN DEMAND)

If an authorization under Subsection D of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters of the company, a new authorization satisfying the requirements of Subsection (5) of this definition must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

The quantity of oxygen, expressed in milligram per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20° C.).

BUILDING SEWER

That part of the main building or house drain or sewer line inside the walls of the building and extending through the wall to a point five (5) feet from the roadway right-of-way and connecting to the service line.

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

CATEGORICAL STANDARDS

National Categorical Pretreatment Standard.

CITY

The City of Scranton, Lackawanna County, Pennsylvania, or its duly authorized representatives or agents.

COLOR

Color of an industrial waste is the color of the light transmitted by the waste solution after removing the suspended material, including the pseudo-colloidal particles.

COMPOSITE SAMPLE

A sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample: composed of discrete sample aliquots collected in one (1) container at constant time intervals providing representative samples irrespective of stream flow; or as a flow proportional composite sample: collected either as a constant sample volume at time intervals proportional to stream flow or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.

CONTROL AUTHORITY

The City of Scranton, Lackawanna County, Pennsylvania or its duly authorized agents.

COOLING WATER

UNCONTAMINATEDWater used for cooling purposes only, which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the intake water.

ENVIRONMENTAL PROTECTION AGENCY OR EPA

CONTAMINATEDWater used for cooling purposes only, which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides or by direct contact with process materials and/or wastewater.

DIRECT DISCHARGE

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

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.

GARBAGE

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

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

GROUNDWATER

That water which is contained in or passing through the ground.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the sewer system (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of nondomestic waste. Any nondomestic source discharging pollutants to a publicly owned treatment works (POTW).

INDUSTRIAL WASTE

Solid, liquid or gaseous substances, waterborne waste or form of energy discharged or escaping in the course of any industrial, manufacturing, commercial, trade, business or research process or in the course of development, recovering or processing of natural resources, but not sanitary sewage.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the POTW treatment processes or operations or its sludge process, use or disposal; and therefore, causes a violation of any of the POTW's National Pollutant Discharge Elimination System (NPDES) permit or prevents sewage sludge use or disposal in compliance with specified applicable federal statues, regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act (33 U.S.C. § 1345), 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 sludge management plan prepared pursuant to Subtitle D of the SWDA) applicable to the method of disposal or use employed by the control authority.

LOCAL LIMITS

Restrictions on concentration, mass or other characteristics of a wastewater discharge developed by the control authority and imposed on the industrial users in order to prevent interference, pass-through or harm to the POTW, human health and safety or animal or plant life.

MANHOLE

A structure leading from the surface of the ground to a sewer, permitting access to the sewer.

NATIONAL CATEGORICAL PRETREATMENT STANDARD

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. § 1317) which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any building, structure, facility or installation for which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Categorical Standards under Section 307(c) of the Act, which standards will be applicable to such source if they are thereafter promulgated in accordance with that section. Determination of the applicability of new source standards shall be made as provided in the Act and 40 CFR 403.3.

OPERATOR

Any person having charge, care, management or control of a tank truck(s) or treatment system(s) used in the removal, transportation, disposal or treatment of sewage and/or industrial wastes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of an improved property.

PASS-THROUGH

A discharge of pollutant which cannot be treated adequately by the POTW, and therefore exits into the waters of the state 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalent per liter of solution and indicating the degrees of acidity or alkalinity of a substance. It shall be determined by one (1) of the accepted methods described in 40 CFR 136.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POLLUTANT

Any substance, including but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

PRETREATMENT STANDARD OR STANDARDS

Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the Sewer Authority of the City of Scranton, Pennsylvania. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons who are, by contract or agreement with the control authority, users of the POTW.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT OR TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes and other means, except if prohibited by 40 CFR 403.6(d).

QUALIFIED ANALYST

Any person who has demonstrated competency in wastewater analysis by having analyzed satisfactorily a minimum of three (3) reference wastewater samples as supplied upon request by the control authority or by submission of their generally recognized documentation of competency.

SANITARY SEWAGE

The normal water-carried household and toilet waste from any improved property, excluding, however, the effluent from septic tanks or cesspools, rain-, storm- and groundwater, as well as roof or surface water, drainage or percolating or seeping waters, or accumulation thereof, whether underground or in cellars or basements.

SANITARY SEWER

A sewer which carries sewage and/or authorized industrial wastes and to which storm, surface and ground waters are not intentionally admitted.

SEWER

A pipe or conduit for carrying sanitary sewage, or authorized industrial waste alone or combined with stormwater.

SEWER AUTHORITY

The Sewer Authority of the City of Scranton, Pennsylvania, a Pennsylvania municipal authority.

SEWER SYSTEM

Publicly Owned Treatment Works (POTW) as defined herein. For the purposes of this Article, "sewer system" shall also include any sewers that convey wastewater to the sewer system from persons who are, by contract or agreement with the control authority, users of the sewer system.

SEWAGE TREATMENT PLANT

POTW treatment plant as defined herein.

SIGNIFICANT INDUSTRIAL USER

All users subject to the National Categorical Pretreatment Standards under 40 CFR Chapter I, Subchapter N; and

All users not subject to the National Categorical Pretreatment Standards that:

Discharges twenty-five thousand (25,000) gallons per day or more of process wastewater ("process wastewater" excludes sanitary, cooling water and boiler blowdown wastewaters).

Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant.

SIGNIFICANT NONCOMPLIANCE

Has a reasonable potential, in the opinion of the control or approval authority, to adversely affect the POTW by interference, pass-through of pollutants, sludge contamination or endangerment of POTW workers.

An industrial user is in "significant noncompliance" if its violation meets one (1) or more of the specific criteria listed in Section 6.2 of this Article. If the control authority determines that an industrial user is in Significant Noncompliance (SNC), that user will be included on the annual publication list.

SIGNIFICANT VIOLATOR

Any user that is in significant noncompliance during any calendar year.

SLUG LOAD

Any discharge of a nonroutine, episodic nature or at a flow rate or concentration which would cause a violation of the prohibited discharge standards.

STATE

Commonwealth of Pennsylvania.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

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

STORMWATER

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

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

TOXIC SUBSTANCES

Any substance or combination of substances that:

Is listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other Acts; or

WASTEWATER CONTRIBUTION PERMIT

Is present in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the sewer system or in the receiving waters of the sewage treatment plant.

UPSET

An exceptional incident in which there is unintentional and temporary noncompliance of permit effluent limitations because of factors beyond reasonable control of the permittee, excluding such factors as operational error, improperly designed or inadequate treatment facilities or improper operation and maintenance or lack thereof.

USER

Any person who contributes, causes or permits the contribution of wastewater into the sewer system.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the sewer system.

As set forth in Section 4 of this Article.

WATER-COOLED EQUIPMENT

Any equipment using water as a cooling medium for purposes other than air conditioning or refrigeration.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or ground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.

Shall is mandatory; may is permissive.

Abbreviations. The following abbreviations shall have the designated meanings:

	Abbreviations	Definition
	BOD	Biochemical oxygen demand (5 Day)
	CFR	Code of Federal Regulations
	COD	Chemical oxygen demand
	EPA	Environmental Protection Agency
	F	Fahrenheit
	mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	POTW	Publicly owned treatment works
	SIC	Standard industrial classification
	SIU	Significant industrial user
	SNC	Significant noncompliance
	SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.
	USC	United States Code
	TRC	Technical review criteria
	TSS	Total suspended solids

§ 383-22 Rules and regulations.

Use of sewer system and admission of industrial waste.

All sewage and authorized industrial waste may be discharged to the sewer system except those which are deemed harmful to the system or are specifically prohibited by this Article.

No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface, drainage, noncontact cooling water, drainage from tile fields or unpolluted process waters to any sanitary sewer.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewage treatment plant or pass-through unaltered by the sewage treatment plant. These general prohibitions apply to all such users of the sewer system whether or not the industrial user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment limits or requirements.

Except as otherwise provided in this Article, no user shall discharge or cause to be discharged to the sewer system any sewage, industrial waste or other matter or substance:

Having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the sewer system which exceeds one hundred twenty degrees Fahrenheit (120° F.) or causes the wastewater entering the sewage treatment plant to be at or above one hundred four degrees Fahrenheit (104° F.) or is less than thirty-two degrees Fahrenheit (32° F.).

Containing 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 sewer system or to the operation of the sewage treatment plant. At no time shall two (2) successive readings on any explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter or having a closed cup flash point of less than one hundred forty degrees Fahrenheit (140° F.). Prohibited materials include, but are not limited to gasoline, fuel oil, kerosene, naphtha, benzene and any other substances which are a fire hazard or a hazard to the system.

Containing unground garbage with particles greater than one-half-inch in any dimension.

Containing or reacting to form solid or viscous substances or which may cause obstruction to the flow in a sewer or other interference with the operation of the sewage treatment plant such as, but not limited to: ashes, cinders, spent limestone, dust, sand, mud, straw, shavings, metals, glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, asphalt residues, hairs, bones, leather, porcelain, china, ceramic wastes, glass grinding or polishing wastes, hydrolyzed fats or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewer system.

Having a pH, stabilized, lower than six point zero (6.0) or higher than nine point zero (9.0) or having any other corrosive or scale forming property capable of causing damage or hazard to structures, equipment, bacterial action or personnel of the sewer system.

Containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sewage treatment plant or to exceed the limitation set forth in a National Categorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

Containing any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

Which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the POTW's effluent thereby violating the Sewer Authority's NPDES permit.

(i)

Containing radioactive substances and/or isotopes of such half-life or concentration as may exceed limits in compliance with applicable state or federal regulations.

(j)

Containing discharges that result in toxic gases, fumes or vapors in a quantity capable of causing injury or hazard to workers or violations of any safety regulations, rules or practices regarding workers' health or working conditions.

(k)

Prohibited by any permit issued by the Commonwealth of Pennsylvania or the Environmental Protection Agency.

(l)

Containing any substance which will cause the sewage treatment plant to violate its NPDES and/or state permit or the receiving water quality standards.

(m)

Containing any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewage treatment plant to be in noncompliance with recognized sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,[1] the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

Editor's Note: See 35 P.S. § 6018.101 et seq.

(n)

Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, including but not limited to nonbiodegradable complex carbon compounds.

(o)

Containing any organic compounds of endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxypropionic acid or other herbicides, pesticides or rodenticides.

(p)

Causing a hazard to human life or public nuisance.

(q)

Containing pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW.

(r)

Containing petroleum oils, nonbiodegradable cutting oil or mineral oil products in amounts that will cause interference or pass-through.

If any wastes of the characteristics listed in Subsection A(4) of this section are discharged by any user, the City may take such enforcement actions as deemed appropriate, as enumerated in § 383-26 of this Article, to cause such discharge to cease or to require pretreatment of the discharge so that it no longer has the characteristics of a prohibited discharge.

Grease, oil and sand interceptors or traps shall be provided in restaurants, food preparation facilities, commercial kitchens, vehicle and equipment repair shops, machine shops, swimming pools or water treatment facilities, whose discharge would exceed, in the opinion of the control authority, the limitations established in the local limits. All interceptors or traps shall be of a type and capacity acceptable to the control authority and shall be located as to be readily and easily accessible for cleaning and inspection.

(7)

The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water shall be permitted upon the condition that no such mechanical garbage grinder to serve premises used for commercial purposes shall be installed until permission for such installation shall have been obtained from the control authority.

(8)

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes they shall be maintained continuously in satisfactory and effective operation by the owner at his expense and shall be accessible to the control authority for inspection and testing.

National Categorical Pretreatment Standards. The National Categorical Pretreatment Standards found in 40 CFR, Chapter I, Subchapter N, parts 403-472, are hereby incorporated. All industrial users which are categorical industrial users under provisions of one (1) or more categorical standards are significant industrial users and are required to obtain a wastewater contribution permit as described in § 383-23 of this Article.

Modification of National Categorical Pretreatment Standards. Where the sewage treatment plant achieves consistent removal of pollutants limited by National Pretreatment Standards, the control authority may apply to the approval authority for modification for specific limits in the National Pretreatment Standards. "Consistent Removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the sewage treatment plant to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent (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 control authority may then modify pollutant discharge limits in the National Pretreatment Standards if the requirements contained in 40 CFR 403.7, are fulfilled and prior approval from the approval authority is obtained.

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Article.

Control authority's right to revisions. The control authority reserves the right to establish more stringent limitations or requirements, including local limits, on discharges to the sewer system if deemed necessary to comply with the objectives presented in § 383-19 of this Article.

Compliance with applicable pretreatment requirements. Compliance with this Article and permits or orders issued hereunder, does not relieve the industrial user from its obligations regarding compliance with any and all applicable local, state and federal pretreatment standards and requirements including any such standards or requirements that may become effective during the term of a permit or order or this Article.

Excessive discharge. No industrial user shall ever increase the use of process water or other waters, 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 National Categorical Pretreatment Standards or in any other pollutant specific limitations developed by the control authority or state.

Spill prevention and contingency plan.

All significant industrial users and those industrial users identified by the control authority shall provide protection from any discharge that could cause a problem to the POTW, whether intentional or accidental. Facilities, equipment and materials to prevent these accidental or nonroutine discharges shall be provided and maintained at the owner or industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City Emergency Management Coordinator, the County Emergency Management Coordinator and the control authority for review and comment before the implementation of this plan. The plan shall contain at least the following elements:

A description of discharge practices, including nonroutine batch discharges.

A list and description of stored chemicals.

Procedures for promptly notifying the control authority of slug load discharges, including any discharge that would violate a specific prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five (5) days.

Procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.

If necessary, follow-up practices to limit the damage suffered by the POTW or the environment.

All existing significant industrial users shall complete such a plan within six (6) months of the effective date of this Article. No industrial user who commences contribution to the sewer system after the effective date of this Article shall be permitted to introduce pollutants into the system until spill prevention and contingency plans have been approved by the control authority. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility as necessary to meet the requirements of this Article.

In the case of an accidental or intentional discharge, or slug loading, it is the responsibility of the industrial user to immediately notify the control authority of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written notice. Within five (5) days following an accidental or intentional discharge, or slug loading, the industrial user shall submit to the control authority a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system, fishkills or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law.

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

Notification requirement. All industrial users shall notify the EPA Regional Waste Management Director, the state hazardous waste authorities and Control Authority, in writing, of any discharges into the POTW greater than fifteen (15) kilograms [thirty-three (33) pounds] of a substance, which, if otherwise disposed of would be a hazardous waste under 40 CFR 261. Discharge of more than fifteen (15) kilograms of nonacute hazardous waste in a calendar month or of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification for each hazardous waste discharged. The Control Authority must be notified of any subsequent changes and/or additions to the hazardous waste discharges. For industrial users commencing discharge after July 24, 1990, this notification must be received within one hundred eighty (180) days of commencement of discharge. Each notifying industrial user shall also submit a statement certifying that it has a program in place to reduce the volume and toxicity of wastes generated to the extent that it is economically practical.

Drainage of water filtration systems. Filter backwash shall be discharged to the sewer system as follows:

Sand filter backwash may be discharged to the sewer system.

Diatomaceous earth filter backwash, if discharged to the sewer system shall be connected to the sewer system through settling tanks with no less than three (3) months storage capacity of spent diatomaceous earth, which tanks shall be readily accessible for removing solid waste for disposal.

Removal, transportation and disposal of sewage and industrial wastes.

Any waste to be discharged from tank trucks or rail car shall be disposed at the location designated at the sewage treatment plant at the time or times and at a rate or rates of discharge fixed by the control authority.

The wastes discharged by the tank trucks or rail car into the sewer system shall not contain industrial waste, chemicals or other matter, with or without pretreatment that does not conform to the requirements of this Article. Conformity with this Article is to be determined by control authority.

Pretreatment requirements.

General. Industrial users shall design, construct, operate and maintain at their own expenses wastewater pretreatment facilities whenever necessary to reduce or modify the industrial user's wastewater to achieve compliance with this Article, National Pretreatment Standards, any condition or limitation contained in the industrial user's wastewater contribution permit or any sludge limitation imposed by federal, state or local authorities. The review or approval of pretreatment facility plans, specifications and operating procedures by the control authority or its consulting engineer shall not excuse or mitigate any violations by the industrial user of this Article or any federal, state or local requirements.

Proper operation and maintenance. The industrial user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the industrial user to achieve compliance with this Article. Proper operation and maintenance includes but is not limited to: effective performance, adequate funding, adequate operator staffing and training and adequate laboratory and process control, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary procedures only when necessary to achieve compliance with this Article.

Duty to halt or reduce activity. Upon reduction of efficiency of operation or loss or failure of all or part of the treatment system the industrial user shall, to the extent necessary to maintain compliance with this Article, control its production or discharges (or both) until operation of the treatment system is restored or an alternative method of treatment is provided. It shall not be a defense for the industrial user in an enforcement action that it would have been necessary to halt or reduce the activity in order to maintain compliance with this Article.

Bypass of treatment facilities.

Bypass of treatment systems is prohibited unless it is unavoidable to prevent loss of life, personal injury or severe property damage or no feasible alternatives exist.

The industrial user may allow bypass to occur which does not cause the effluent limitations to be exceeded, but only if it is also for essential maintenance to assure efficient operation.

Notification of bypass.

Anticipated bypass. If the industrial user knows in advance of the need for bypass, it shall submit prior written notice, at least ten (10) days before the date of the bypass, to the control authority.

Unanticipated bypass. The industrial user shall immediately notify the control authority and submit a written notice to the Authority within five (5) days. This report shall specify:

A description of the bypass, and its cause, including its duration.

Whether the bypass has been corrected.

The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.

Damage liability. The person producing and/or introducing the waste shall be liable for all damages, increased costs of treatment, maintenance or other costs directly attributable to such waste.

Disposal of sludges. Sludges, floats, oils, etc., generated by industrial users must be contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including but not limited to the United States Department of Transportation and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations. The owner of such sludges, floats, oils, etc., shall keep records and receipts needed to demonstrate proper disposal for review by the control authority upon request.

§ 383-23 Administration.

Wastewater discharges. It shall be unlawful for the owner of an improved property or any other person to discharge to the sewer system, without first obtaining a permit from the control authority, any industrial waste except as authorized by the control authority in accordance with the provisions of this Article. Upon receipt of the permit application from the control authority, the industrial user will have forty-five (45) days to return the permit application completed and signed by an authorized representative or be subject to civil penalties as specified in § 383-27A of this Article.

Wastewater contribution permit.

General. All significant industrial users proposing to connect to or to contribute to the sewer system shall obtain a wastewater contribution permit before connecting to or contributing to the sewer system. All existing industrial users connected to or contributing to the sewer system who are not presently permitted but anticipate changes in process or discharge that will:

Cause that industry to be designated as a categorical industry as defined by United States EPA National Categorical Pretreatment Standard Discharge Limits.

Result in changes in discharge volume or character such that the user meets the definition of significant industrial user; shall apply for and obtain a wastewater contribution permit prior to discharging the modified wastewater to the sewer system.

Permit application.

Industrial users required to obtain wastewater contribution permit shall complete and file with the control authority, an application in the form prescribed by the control authority and accompanied by a fee in the amount specified by the current fee schedule. New industrial users shall apply at least ninety (90) days prior to connecting to or contributing to the sewer system. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

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

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

Wastewater constituents and characteristics required by the control authority, as determined by a qualified analyst; 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 136, as amended. In instances where an industrial user has not yet begun operation, therefore wastewater constituents and characteristics are unknown, submission of comparable data from similar industries will be accepted for permit application purposes.

[4]

Time and duration of contribution.

[5]

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

[6]

Site plans, floor plans, mechanical and plumbing plans, spill prevention and containment 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 could be discharged, whether intentionally or unintentionally by spilling, overflowing, leaking or other manner of escape.

[8]

Where known, the nature and concentration of any pollutants in the discharge which are limited by any control authority or state regulations, National Categorical Pretreatment Standards or National Prohibitive Standard and a statement certified to by a qualified professional regarding whether or not the standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet applicable National Categorical Pretreatment Standards or local limits.

[9]

If additional pretreatment and/or operation and maintenance will be required to meet the National Categorical Pretreatment Standards or local limits; the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard or, in the case of local limits, such a date as determined by the control authority. The following conditions shall apply to this schedule:

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 pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection B(2)(a)[9][a] shall exceed nine (9) months.

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority 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 (9) months elapse between such progress reports to the control authority.

[10]

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

[11]

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

[12]

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

[13]

Any other information as may be deemed by the control authority to be necessary to evaluate the permit application.

The control authority will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the control authority may issue a wastewater contribution permit subject to terms and conditions provided herein. Applicants wishing to claim confidentiality of information required in the application shall indicate on the application which information is of a confidential nature. Wastewater constituents and characteristics shall not be considered as confidential information. Confidential information shall be treated as set forth in § 383-23D of this Article, and in accordance with 40 CFR 2.

Permit modification.

A wastewater contribution permit may be modified for good cause, including but not limited to the following:

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

Material or substantial alterations or additions to the significant industrial user's operation processes or discharge volume or character which were not considered in drafting the effective permit.

A change in any condition in either the industrial user or the sewer system that requires either a temporary or permanent reduction or elimination.

[4]

Information indicating that the permitted discharge poses a threat to the Sewer Authority's collection and treatment system, personnel or the receiving stream.

[5]

Violation of any terms or conditions of the permit.

[6]

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

[7]

Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13.

[8]

To correct typographical or other errors in the permit.

[9]

To reflect transfer of the facility ownership and/or operation to a new owner/operator.

[10]

Upon request of the permittee, provided that such a request does not create a violation of any applicable requirements, standards, laws or rules and regulations.

The filing of a request by the permittee for a permit modification does not stay any permit condition.

Application signatories and certification. All wastewater contribution permit applications and subsequent industrial user reports must be signed by an authorized representative of the industrial user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Permit conditions. Wastewater contribution permits shall be expressly subject to all provisions of this Article and all other applicable regulations, industrial user charges and fees established by the control authority. Permits may contain the following:

The unit charge or schedule of industrial user charges and fees for the wastewater to be discharged to the sewer system.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs which may include sampling locations, frequency of sampling (twice per year at minimum), number, types and standards for tests and reporting schedule.

Compliance schedule.

Requirements for submission of technical reports, discharge reports or baseline monitoring reports.

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the control authority and affording control authority access thereto.

(i)

Requirements for notification of the control authority for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the sewer system.

(j)

Requirements for notification of slug load discharges.

(k)

A statement of duration, as set forth in § 383-23B(6) of this Article.

(l)

A statement of nontransferability, as set forth in § 383-23B(7) of this Article.

(m)

A statement of the applicable civil and criminal penalties as set forth in § 383-27 of this Article.

(n)

Other conditions as deemed appropriate by the control authority to ensure compliance with this Article.

Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The industrial user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the significant industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the control authority during the term of the permit as limitations or requirements as identified in Section 2 are modified or other just cause exists. The significant industrial user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(7)

Permit transfer. Wastewater contribution permits are issued to a specific significant industrial user for a specific operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new industrial user, different premises or a new or changed operation without the approval of the control authority. Any succeeding owner or industrial user shall also comply with the terms and conditions of the existing permit.

(8)

Permit appeals.

The permittee may petition to appeal the terms of a permit within thirty (30) days of issuance. This petition must be in writing; failure to submit a petition for review shall be deemed to be a waiver of the right of appeal. In its petition, the permittee must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to be placed in the permit.

The effectiveness of the permit shall not be stayed pending a reconsideration by the control authority. The control authority, or its appointed agent other than the permit writer, shall review the petition and any pertinent information provided by the permit writer and determine if a reconsideration of any permit condition or requirement is proper. If so decided, the control authority shall remand the permit to the permit writer for reconsideration of the enumerated conditions or requirements. Upon being so directed the permit writer shall reexamine the relevant portions of the permit and reissue the permit with any revisions he determines to be proper and allowable. After remand to the permit writer and prior to permit reissuance, those permit conditions or requirements under reconsideration shall not be enforced and prior enforcement actions regarding those conditions or requirements shall be held in abeyance until reissuance of the permit.

The control authority's decision not to reconsider a final permit or the reissuance of a reconsidered permit shall be considered final administrative action for purposes of judicial review. The permittee seeking judicial review of the control authority's final action must do so by filing a complaint with the Court of Common Pleas for Lackawanna County within the prescribed statute of limitations.

(9)

Waste characteristic change. Any owner of an improved property who is discharging industrial waste into the sewer system and who contemplates a change in materials, processes or method of the industrial operation producing the waste, or in the pretreatment facilities, which change will result in a change in the nature of the industrial waste then being discharged into the sewer system shall apply for a new wastewater contribution permit at least thirty (30) days prior to such change. The revised wastewater contribution permit will be subject to a fee. Approval or disapproval of a modified permit shall be regulated by the procedures established hereunder for the issuance of an original permit.

(10)

Separation of wastes. In the case of complete separation of sanitary sewage from industrial wastes within an establishment, with only the sanitary wastes discharged to the sanitary sewer, no wastewater contribution permit shall be required. The control authority retains the right to verify discharge characteristics and inspect the establishment.

(11)

Files. The control authority and all industrial users shall maintain a permanent file in which copies of all monitoring activities and results, reports, permits, revisions thereto and supporting data are filed for a minimum of three (3) years. In cases of unresolved litigation all such files shall be retained as long as necessary, or as required by the approval authority.

(12)

Continuation of expired permits. An expired wastewater contribution permit will continue to be effective and enforceable until the permit is reissued if:

The permittee has submitted a completed permit application at least ninety (90) days prior to the expiration date of the significant industrial user's existing permit.

The failure to reissue the permit, prior to the expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.

(13)

Duty to comply. The permittee must comply with all conditions of a wastewater contribution permit. Failure to comply with the requirements of a permit may be grounds for administrative action, or enforcement proceedings including civil or criminal penalties, injunctive relief, and summary abatements.

Reporting requirements for permittee.

Baseline monitoring reports.

Upon the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of the significant industrial user subject to such standards shall be revised as soon as possible to comply with such standard within the time frame prescribed by such standard.

Where the user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by § 383-23B, the user shall, within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard:

Apply for a wastewater contribution permit.

Provide the baseline monitoring information required by 40 CFR 403.12(b). This information may be incorporated into the application for a wastewater contribution permit.

Submit with the baseline monitoring report a compliance schedule which contains, at minimum, the following:

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 pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection C(1)(b)[3][a] shall exceed nine (9) months.

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority 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 (9) months elapse between such progress reports to the control authority.

A significant industrial user with an existing wastewater contribution permit shall submit to the control authority, within one hundred eighty (180) days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by 40 CFR 403.12(b).

A new source, or a user that becomes a significant industrial user subject to a National Categorical Pretreatment Standard, shall submit a report containing the information required by 40 CFR 402.12(6) at least ninety (90) days prior to commencement of discharge from the regulated process or facility.

A baseline monitoring report, provided under Subsection C(1)(b)[2], C(1)(c) or C(1)(d) of this section, shall be signed by an authorized representative of the industrial user and certified to by a qualified professional as to the correctness of the information contained therein.

Pretreatment standard compliance reporting. Within ninety (90) days following the date for final compliance with applicable National Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewer system, any industrial user subject to National Categorical Pretreatment Standards and/or requirements shall submit to the control authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by National Categorical Pretreatment Standards and/or requirements and the average and maximum daily flow for these process units in the industrial user's facility which are limited by such National Categorical Pretreatment Standards or requirements. The report shall state whether the applicable National Categorical Pretreatment Standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable National Categorical Pretreatment Standards or requirements. This statement shall be signed by an authorized representative of an industrial user and certified to by a qualified professional.

Industrial waste contribution report.

All significant industrial users shall submit to the control authority reports indicating the nature and concentration of pollutants in the discharge which are limited by Pretreatment Standards or Pretreatment Regulations.

Industrial users subject to National Categorical Pretreatment Standards, after the compliance date of the standard, or in the case of a new source after the commencement of discharge into the sewer system, shall submit these reports ten (10) days prior to the first day of June and December, unless different dates or more frequent reports are required by the National Categorical Pretreatment Standard or the control authority.

Significant industrial users not subject to National Categorical Pretreatment Standards shall submit these reports as specified by the SIU's wastewater contribution permit.

Each report shall provide the required information for the period since the previous report (e.g., May through October).

[4]

This report shall specifically contain, but not necessarily be limited to, concentration levels of those pollutants which are limited by the industrial user's National Categorical Pretreatment Standard or the local limits. If requested by the industrial user, the control authority will perform the required analyses and will bill the industrial user accordingly.

[5]

In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 383-23B(2)(e) of this Article. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the above reports are to be submitted.

[6]

If the industrial user monitors any pollutant more frequently than required by the control authority, using the procedures prescribed in Subsection C(1)(c) of this Article, the results of this monitoring shall be included in the report.

The control authority may impose mass limitations on significant industrial users regulated by concentration based National Categorical Pretreatment Standards or local limits or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection C(1)(a) of this subsection shall indicate the mass of pollutants regulated by National Categorical Pretreatment Standards or the local limits 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 where requested by the control authority, of pollutants contained therein which are limited by the applicable National Categorical Pretreatment Standard or local limits.

All sampling and analysis shall be performed in accordance with procedures established by the Environmental Protection Agency pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto.

Violation and sampling reports. If a significant industrial user, as a result of valid sampling and analysis, becomes aware of a violation of any National Categorical Pretreatment Standard, any discharge standard imposed by this Article or contained in a wastewater contribution permit, the SIU shall notify the control authority of this fact within twenty-four (24) hours of becoming aware of it. Additionally, the SIU shall provide for additional sampling and analysis and submit a report of the results of this sampling and analysis to the control authority within thirty (30) days of becoming aware of the violation.

Sampling, flow measurement, testing and inspection.

Every significant industrial user whose property is serviced by a building sewer carrying industrial waste shall install at his expense a suitable control manhole together with such necessary meters and other appurtenances in the building or lateral sewer to facilitate observation sampling, and measurement of the waste. The monitoring facility should normally be situated on the industrial user's premises, but the control authority 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. 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. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the control authority's requirements and all applicable local construction standards and specifications.

Persons or occupants of premises where wastewater is created or discharged to the sewer system shall provide the control authority and its representatives and agents bearing proper credentials and I.D. the opportunity of access at any time to any part of any property served by the sewer system as shall be required for purposes of inspection, measurement, sampling, testing, records examination and records copying, for ascertainment of whether the purpose of this Article is being met and all requirements are being complied with, and for performance of other functions relating to service rendered by the control authority. The control authority, the Pennsylvania Department of Environmental Protection and the United States EPA shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where an industrial user has security measures in force which would require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the control authority, the Department of Environmental Protection and the United States EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this Article shall be determined using methodologies found in 40 CFR 136 and shall be under the direct supervision of a qualified analyst at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. The control manhole shall contain only the wastewater of the industry being monitored and no flows from other sources. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a composite or grab sample of all outfalls of a premise is appropriate.

The costs of all sampling, testing, inspection and other monitoring activities shall be borne by the respective industrial user. The control authority will sample and analyze the discharge of each significant industrial user holding a wastewater contribution permit at least once per year. The fees for such sampling and analysis will be billed to and shall be paid by the significant industrial user.

The control authority shall annually prepare and make available to the public upon request a report listing those significant industrial users which were found to be in violation of one (1) or more provisions of this Article, or any order or permit issued by the control authority at least once during the previous calendar year. The report shall also summarize any enforcement actions taken against a significant industrial user(s) during the same twelve (12) months.

Both the significant industrial users and the control authority shall maintain all records relating sampling and testing and all other information obtained relating to compliance with National Categorical Pretreatment Standards, this Article or the SIU's wastewater contribution permit for a period of three (3) years, and all such records shall be made available to officials of the EPA or approval authority upon request.

(7)

Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other government agency without restriction, unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the control authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. The control authority will maintain a list of all persons, groups or governmental agencies requesting information, the information supplied and date supplied. When requested the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Article, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System Permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

§ 383-24 Fees.

Purpose. It is the purpose of this section to provide for the recovery of costs from industrial users of the control authority's sewer system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the control authority's schedule of charges and fees.

Charges and fees.

The control authority may from time to time collect charges and fees to include:

Fees for reimbursement of costs of setting up and operating the control authority's Pretreatment Program.

Fees for monitoring, inspections and surveillance procedures.

Fees for yearly sampling and analyses of industrial user's discharge.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit and modified permit applications.

Fees for filing appeals.

Other fees as the control authority may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this Article and are separate from all other fees chargeable by the control authority. These fees shall be payable by the industrial user within forty-five (45) days of notification, or the industrial user will be subject to such enforcement action deemed appropriate by the control authority, including but not limited to revocation of permit.

§ 383-25 Compliance required.

Definition of noncompliance. Any violation of pretreatment requirements (including, but not limited to limits, sampling, analysis, reporting and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement, including penalties. Instances of SNC are industrial user noncompliance which meet one (1) or more of the following criteria:

Violations of wastewater discharge limits.

Chronic violation. Sixty-six percent (66%) or more of the measurements exceed the same daily maximum limit or the same average limit in a six (6) month period (any magnitude of exceedance).

Technical Review Criteria (TRC) violations.

Thirty-three percent (33%) or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six (6) month period.

There are two groups of TRC's: Group I for compatible pollutants (conventional and nonconventional), BOD, TSS, Oil/Grease, Ammonia-Nitrogen, TRC = + 40%; Group II for all other pollutants, TRC = + 20%.

Any other violation(s) of a discharge limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass-through or endangered the health of treatment plant personnel or the public.

Any discharge of a pollutant that has caused imminent endangerment to human health or welfare, or to the environment and has resulted in the control authority exercising its emergency authority to halt or prevent such a discharge.

Violations of compliance schedule milestones, contained in the permit or enforcement order, for starting construction, completing construction and attaining final compliance by ninety (90) days or more after the scheduled date.

Failure to provide reports for compliance schedules, self-monitoring data or National Categorical Pretreatment Standard standards (baseline monitoring reports, ninety-day compliance reports and periodic reports) within thirty (30) days from the due date.

Failure to accurately report noncompliance.

Any other violation or group of violations that the control authority considers to be significant.

An industrial user in significant noncompliance, is a significant violator. For all significant violators during any calendar year, the control authority shall:

Report this information to the approval authority as part of the Pretreatment Performance Summary of industrial user noncompliance.

Annually publish, in the local newspaper of the largest circulation, a list of all significant violators, the nature of the violation(s) leading to a finding of significant noncompliance and a summary of actions taken to resolve the significant noncompliance.

Address the SNC through appropriate enforcement action or document the reasons for withholding enforcement.

§ 383-26 Enforcement.

When making determinations regarding the level of the enforcement, the control authority will consider the severity of the violation, degree of variance from the pretreatment standards or local limits, the duration of the violation and the fairness, equity, consistency and integrity of the pretreatment program.

Enforcement response criteria.

Emergency authority to suspend or terminate service.

The control authority may suspend the wastewater treatment service and/or the wastewater contribution permit of any industrial user, when such suspension is necessary, in the opinion of the control authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment or causes interference to the sewer system or causes the control authority to violate any condition of the POTW NPDES Permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with suspension order, the control authority shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the sewer system or endangerment to any individuals.

The control authority shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the industrial user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the control authority within five (5) days of the date of the occurrence.

Enforcement response guide. For violations not requiring the control authority to invoke its emergency authority, certain guidelines shall be developed by the control authority and used to determine the appropriate enforcement action to be taken. In instances of continuing violations, enforcement actions, increasing in severity, shall be used until compliance is attained. These guidelines shall be made available for inspection upon request and may contain the following enforcement actions:

Notice of violation. Whenever the control authority finds that any industrial user has violated or is violating this Article, a wastewater contribution permit or order issued hereunder or any prohibition, limitation of requirements contained herein, the control authority may serve upon said industrial user a written notice stating the nature of the violation(s). Within ten (10) days of the date of the receipt, a plan for the satisfactory correction and prevention thereof shall be submitted to the control authority by the industrial user. Submission of this plan in no way relieves the industrial user of liability for any violation occurring before or after receipt of the notice of violation.

Consent orders. The control authority is hereby empowered to enter into consent orders, assurances of voluntary compliance, or similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to § 383-26B(3)(d) below.

Show cause hearing. The control authority may order any industrial user which causes or contributes to violation of this Article or a wastewater contribution permit or orders issued hereunder, to show cause why a proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of a hearing to be held by the control authority regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the industrial user to show cause before the control authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Such notice may be served on any principal executive officer, general partner, corporate officer or duly authorized agent thereof. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.

The control authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer, employee or agent of the City to:

Issue in the name of the control authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the control authority for action thereon.

At any hearing held pursuant to this Article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

After the control authority has reviewed the evidence, it may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed on existing treatment facilities or that existing devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Compliance order. When the control authority finds that an industrial user has violated or continues to violate this Article or a wastewater contribution permit or orders issued thereunder, an order may be issued to the industrial user responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including but not limited to the installation of pretreatment technology, additional self-monitoring and management practices.

Injunctive relief. Whenever a person has violated or continues to violate the provisions of this Article or a wastewater contribution permit or orders issued hereunder, the control authority, through the solicitor, may petition the court for issuance of preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of that person.

Civil proceedings. If any user violates the provisions of this Article, any wastewater contribution permit, any order issued to that user by the control authority or any other applicable state or national law, regulation or rule, the control authority Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Lackawanna County.

Criminal proceedings. Any person who willfully or negligently violates any provision of this Article, a wastewater contribution permit or orders thereunder or who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article or wastewater contribution permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article, the control authority Solicitor may request the District Attorney of Lackawanna County to commence appropriate legal action.

Revocation of permit.

Any industrial user who violates the following conditions of this Article, a wastewater contribution permit, orders thereunder or applicable state and federal regulations, is subject to having its permit revoked:

Failure of an industrial user to factually report the wastewater constituents and characteristics of his discharge.

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

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

[d]

Violation of conditions of the permit.

[e]

Nonpayment of charges and/or fees stated in § 383-24 and § 383-27 of this Article.