[Adopted 8-13-1984 as Ord. No. 84-465;
amended in its entirety 4-22-1993 by Ord. No. 93-614]
A.
This Article sets forth uniform requirements for users
of the wastewater collection and treatment system for Upper Merion
Township and enables the Township to comply with all applicable state
and federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR 403).
B.
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the municipality
wastewater system which will interfere with the operation of the system
or contaminate the resulting sludge.
(2)
Prevent the introduction of pollutants into the municipal
wastewater system which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
Protect both publicly owned treatment works personnel
who may be affected by wastewater and sludge in the course of their
employment and the general public.
(4)
Improve the opportunity to recycle and reuse industrial
wastewaters and sludges from the system.
(5)
Provide for fees for the equitable distribution of
the cost of operation, maintenance and improvement of the municipal
wastewater system.
(6)
Enable the Township to comply with its national pollutant
discharge elimination system permit conditions, sludge use and disposal
requirements and any other federal or state laws to which the publicly
owned treatment works is subject.
A.
This Article provides for the regulation of direct
and indirect contributors to the municipal wastewater system through
the issuance of permits to certain nondomestic users and through enforcement
of general requirements for users; authorizes monitoring, compliance
and enforcement activities; requires user reporting; assumes that
existing customer's capacity will not be preempted; and provides for
the setting of fees for the equitable distribution of costs resulting
from the program established herein.
B.
This Article shall apply to all persons outside Upper
Merion Township who are, by contract or agreement with the Township,
users of the Township POTW. This Article is a supplement to Ordinance
No. 75-352[1] And the regulations adopted thereunder, as amended. Except
as otherwise provided herein, the Township Director of Public Works
shall administer, implement and enforce the provisions of this article.
Any powers granted to or duties imposed upon the Director of Public
Works may be delegated to other Township personnel.
[1]
Editor's Note: See Art. IV, Sewer Rents.
C.
The Township shall administer this article according
to the provisions of 40 CFR Part 403, Section 403.8(f), with respect
to program development and implementation by the POTW.
[Added 4-25-2002 by Ord. No. 2002-721]
A.
Shall is mandatory; may is permissive.
B.
ACT OR THE ACT
APPROVED AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(a)
(b)
(2)
(3)
(4)
BEST MANAGEMENT PRACTICES (BMPs)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL STANDARDS OR CATEGORICAL PRETREATMENT STANDARDS
-
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY OR EPA
EXISTING SOURCE
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE OR DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTE
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MEDICAL WASTE
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
PH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOWNSHIP
TOXIC POLLUTANT
USER OR INDUSTRIAL USER
WASTEWATER
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT
WATERS OF THE STATE
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA.
If the user is a corporation:
The 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 or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections A through
C above may designate another authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company and the written authorization is submitted
to Upper Merion Township.
Schedules of activities, prohibition of practices, maintenance
procedures and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal or drainage
from raw materials storage.
[Added 6-21-2007 by Ord. No. 2007-762]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, for five days
at 20° C. expressed in terms of concentration [milligrams per
liter (mg/l)].
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards, being any regulation heretofore or hereafter adopted by the United States Environmental Protection Agency, being 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 apply to a specific category of users and which now appear or hereafter appear in 40 CFR Chapter 1, Subchapter N.
[Amended 7-13-2000 by Ord. No. 2000-704]
The term "control authority" shall refer to Upper Merion
Township.
The water discharged from any such use as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the waters of the State 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, including the Regional
Water Management Division Director.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed Categorical
Pretreatment Standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with § 307
of the Act.
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 over a period
of time not to exceed 15 minutes.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of pollution from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act (33
U.S.C. § 1317) into the POTW (including holding tank waste
discharge into the system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to § 402
of the Act. In addition, "industrial user" shall also be defined as
an establishment which discharges or introduces industrial wastes
into the POTW.
Shall have the meaning ascribed to it in the Act of June
22, 1937 (P.L. 1987, No. 394),[1] known as the "Clean Streams Law" and the regulations adopted
thereunder.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment process or operations or its sludge processes,
use or disposal and, therefore, is the cause of a violation of the
Township's NPDES permit or of the prevention of sewage sludge use
or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state
or local regulations: § 405 of the Act; the Solid Waste
Disposal Act, including Title II, commonly referred to as the "Resource
Conservation and Recovery Act (RCRA)"; any state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substance
Control Act; and the Marine Protection, Research and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Any regulation heretofore or hereafter adopted by the United States Environmental Protection Agency containing any pollutant discharge limits heretofore or hereafter 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, as set forth in 40 CFR Chapter 1, Subchapter N.
[Amended 7-13-2000 by Ord. No. 2000-704]
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of the proposed pretreatment
standards pursuant to § 307(c) of the Act, which will be
applicable to such source if the standards are thereafter promulgated
in accordance with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The process or production equipment that causes
the discharge of pollutants at an existing source is totally replaced;
or
The production or wastewater generating processes
are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the
existing plant and the extent to which the new facility is engaged
in the same general type of activity as the existing source should
be considered.
Construction on a site at which an existing
source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility
or installation meeting the criteria of Subsection A(1) or C but otherwise
alters, replaces or adds to existing process or production equipment.
Construction of a new source, as defined herein,
has commenced if the owner or operator has:
Begun or caused to begin, as part of a continuous
on-site construction program, any placement, assembly or installation
of facilities or equipment; or significant site preparation work,
including clearing, excavation or removal of existing buildings, structures
or facilities, which is necessary for the placement, assembly or installation
of new source facilities or equipment.
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
losses and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this Subsection C(2).
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into the waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of the POTW's national pollutant discharge elimination system
"NPDES" permit, including an increase in the magnitude or duration
of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine, the singular
shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution, a measure
of the acidity or alkalinity of a solution, expressed in standard
units.
Any dredged soil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal and agricultural wastes and certain characteristics of wastewater
(e.g., pH, temperature, TSS, turbitity, color, BOD, COD, toxicity
or odor).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
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 a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes or by other means, except by diluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an user. Any substantive
or procedural provision of the Federal Water Pollution Control Act
(62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June
22, 1937 (P.L. 1987, No. 394),[2] known as the "Clean Streams Law," or any rule or regulation,
ordinance or term or condition of a permit or order adopted or issued
by the commonwealth or a POTW for the implementation or enforcement
of an industrial waste pretreatment program established under the
Federal Water Pollution Control Act or the Clean Steams Law.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 133-38A.
A treatment works, as defined by § 212 of the Act
(33 U.S.C. § 1292), which is operated by the Township. 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, the "POTW" shall also include any sewers that convey
wastewaters to the "POTW" from persons outside the Township who are,
by contract or agreement with the Township, users of the Township's
"POTW." This definition includes any devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage
or industrial wastes of a liquid nature and any conveyances which
convey wastewater to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontract
cooling and boiler blowdown wastewater).
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant.
Is designated as such by the Township by the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria
in Subsection B has no reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement, the Township may at any time, on its own initiative or
in response to a petition received from a user and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such user should
not be considered a "significant industrial user."
An industrial user or user is in significant noncompliance
if its violation meets one or more of the specific criteria set forth
in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user
is in significant noncompliance if its violation meets one or more
of the following criteria:
[Amended 6-21-2007 by Ord. No. 2007-762]
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) that the Director of Public Works determines
has caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of Township personnel
or the general public).
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment or has resulted
in the Director of Public Works' exercise of his emergency authority
to halt or prevent such a discharge.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance.
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules.
Failure to accurately report noncompliance.
Any other violation(s), which may include violation of best
management practices, which the Director of Public Works determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any pollutant released in a discharge at a flow rate or concentration
which will cause a violation of the specific discharge prohibitions
in 40 CFR 403.5(b) and/or any discharge of nonroutine nature, episodic
nature, including but not limited to accidental spills or noncustomary
batch discharges, which has a reasonable potential to cause interference
or pass-through, or in any other way violate the Township's regulations,
prohibited discharge standards in this article, local limits or NPDES
permit conditions.
[Amended 6-21-2007 by Ord. No. 2007-762]
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
The State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snow melt.
The person designated by the Township to supervise the operation
of the publicly owned treatment works.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Upper Merion Township or the Board of Supervisors of Upper
Merion Township.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA § 307(a) or
other acts.
Any person who contributes, causes or permits the indirect
discharge of wastewaters into the Township's POTW.
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which is
contributed into or permitted to enter the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
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
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portions thereof.
The following abbreviations or acronyms shall
have the designated meanings:
|
AO
|
Administrative Order
|
|
BAT
|
Best Available Treatment
|
|
BATEA
|
Best Available Technology Economically Achievable
|
|
BCT
|
Best Control Technology
|
|
BMP
|
Best Management Practices
|
|
BMR
|
Baseline Monitoring Report
|
|
B/N
|
Base/Neutral
|
|
BOD
|
Biochemical Oxygen Demand
|
|
BPJ
|
Best Professional Judgment
|
|
BPT
|
Best Professional Technology
|
|
CERCLA
|
Comprehensive Environmental Response, Compensation
and Liability Act
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical Industrial User
|
|
COD
|
Chemical Oxygen Demand
|
|
CSO
|
Combined Sewer Overflow
|
|
CWA
|
Clean Water Act
|
|
CWF
|
Combined Waste Stream Formula
|
|
DMR
|
Discharge Monitoring Report
|
|
DSS
|
Domestic Sewage Study
|
|
EMS
|
Enforcement Management System
|
|
EP
|
Extraction Procedure
|
|
EPA
|
Environmental Protection Agency of the United
States
|
|
FDF
|
Fundamentally Different Factor
|
|
FOV
|
Finding of Violation
|
|
FOG
|
Fats, Oil and Grease
|
|
FR
|
Federal Register
|
|
FTE
|
Full-Time Equivalent
|
|
FWA
|
Flow-Weighted Averaging
|
|
FWPCA
|
Federal Water Pollution Control Act
|
|
GC/MS
|
Gas Chromatograph/Mass Spectrophotometry
|
|
gpd
|
gallons per day
|
|
I+I
|
Infiltration and Inflow
|
|
IU
|
Industrial User
|
|
IWS
|
Industrial Waste Survey
|
|
MAHL
|
Maximum Allowable Headworks Loading
|
|
MGD
|
Million Gallons Per Day
|
|
mg/l
|
milligrams per liter
|
|
MOU
|
Memorandum of Understanding
|
|
MSDS
|
Material Safety Data Sheet
|
|
NIOSH
|
National Institute of Occupational Safety and
Health
|
|
NMP
|
National Municipal Policy
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NON
|
Notice of Noncompliance
|
|
NOV
|
Notice of Violation
|
|
OCPSF
|
Organic Chemicals, Plastics and Synthetic Fibers
|
|
O&G
|
Oil and Grease
|
|
O&M
|
Operations and Maintenance
|
|
OSHA
|
Occupational Safety and Health Administration
|
|
OWEC
|
Office of Water Enforcement and Compliance
|
|
PAD
|
Proportioned Actual Domestic Flow
|
|
PAH
|
Polynuclear Aromatic Hydrocarbons
|
|
PAI
|
Proportioned Actual Industrial Flow
|
|
PASS
|
Pretreatment Audit Summary System
|
|
PCB
|
Polychlorinated Biphenols
|
|
PCI
|
Pretreatment Compliance Inspection
|
|
PCME
|
Pretreatment Compliance Monitoring and Enforcement
|
|
PCS
|
Permit Compliance System
|
|
PIRT
|
Pretreatment Implementation Review Task Force
|
|
POTW
|
Publicly Owned Treatment Works
|
|
ppd
|
pounds per day
|
|
ppm
|
parts per million
|
|
ppb
|
parts per billion
|
|
PPETS
|
Pretreatment Permits Enforcement Tracking System
|
|
PQR
|
Permit Quality Review
|
|
PSNS
|
Pretreatment Standards for New Sources
|
|
PSES
|
Pretreatment Standards for Existing Sources
|
|
QA/QC
|
Quality Assurance/Quality Control
|
|
QNCR
|
Quarterly Noncompliance Report
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
RNC
|
Reportable Noncompliance
|
|
SARA
|
Superfund Amendments and Reauthorization Act
|
|
SIC
|
Standard Industrial Classification
|
|
SIU
|
Significant Industrial User
|
|
SMP
|
Solvent Management Plan
|
|
SNC
|
Significant Noncompliance
|
|
SPCC
|
Spill Prevention Control and Countermeasures
|
|
SPMS
|
Strategic Planning and Management System
|
|
STP
|
Sewage Treatment Plant
|
|
STLC
|
Soluble Threshold Limit Concentration
|
|
SUO
|
Sewer Use Ordinance
|
|
SWDA
|
Solid Waste Disposal Act
|
|
TCLP
|
Toxicity Characteristic Leachate Procedure
|
|
TDS
|
Total Dissolved Solids
|
|
TICH
|
Total Identifiable Chlorinated Hydrocarbons
|
|
TOMP
|
Toxic Organic Management Plan
|
|
TRC
|
Technical Review Criteria
|
|
TRE
|
Toxicity Reduction Evaluations
|
|
TSS
|
Total Suspended Solids
|
|
TTO
|
Total Toxic Organics
|
|
TTLC
|
Total Threshold Limit Concentration
|
|
USC
|
United States Code
|
|
VOA
|
Volatile Organic Analysis
|
|
VOC
|
Volatile Organic Compounds
|
|
VSS
|
Volatile Suspended Solids
|
|
WENDB
|
Water Enforcement National Data Base
|
|
WQA
|
Water Quality Act
|
|
WQS
|
Water Quality Standards
|
|
WWTP
|
Wastewater Treatment Plant
|
A.
General discharge prohibitions and standards. No user
shall contribute, introduce or cause to be contributed or introduced,
directly or indirectly, into the POTW any pollutant or wastewater
which causes pass-through or interference. These general prohibitions
apply to all users of the POTW whether or not the user is subject
to Categorical Pretreatment Standards or any other national, state
or local pretreatment standards or requirements.
B.
Specific prohibitions. No user shall introduce or
cause to be introduced into the POTW the following pollutants, substances
or wastewater:
(1)
Pollutants which create a fire or explosive hazard
in the POTW, including but not limited to waste streams with a closed-cup
flashpoint of less than 140° F. [60° C. using the text methods
specified in 40 CFR 261.21.
(2)
Wastewater having a pH less than 6.0 or more than
10.0 or otherwise causing corrosive structural damage to the POTW
or equipment.
[Amended 4-25-2002 by Ord. No. 2002-721]
(3)
Solid or vicous substances in amounts which will cause
obstruction of the flow in the POTW resulting in interference [but
in no case solids greater than one-half (1/2) inch in any dimension].
(4)
Pollutants, including oxygen-demanding pollutants
(BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW.
[Amended 1-20-2005 by Ord. No. 2005-741]
(5)
Wastewater having a temperature greater than 104°
F. (40° C.) or which will inhibit biological activity in the treatment
plant resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.).
(6)
Petroleum oil, nonbiodegradable oil or products of
mineral oil origin, in amounts that will cause interference or pass-through.
(7)
Pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(8)
Trucked or hauled pollutants, except at discharge
points designated by the Director of Public Works in accordance with
this article.
(9)
Noxious or malodorous liquids, gases, solids or other
wastewater which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or a hazard to life or
to prevent entry into the sewers for maintenance or repair.
(10)
Wastewater 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 treatment plant's effluent, thereby violating the Township's
NPDES permit.
(11)
Wastewater containing any radioactive wastes
or isotopes except in compliance with applicable state or federal
regulations.
(12)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water and unpolluted
wastewater, unless specifically authorized by the Director of Public
Works.
(13)
Sludges, screenings or other residues from the
pretreatment of industrial wastes.
(14)
Medical wastes, except as specifically authorized
by the Director of Public Works.
(15)
Wastewater causing, alone or in conjunction
with other sources, the treatment's plant effluent to fail a toxicity
test.
(16)
Detergents, surface-active agents, phosphates
or other substances which may cause excessive foaming in the POTW.
[Amended 1-20-2005 by Ord. No. 2005-741]
(17)
Fats, oils or greases of animal or vegetable
origin in concentrations greater than 100 mg/l.
[Amended 4-25-2002 by Ord. No. 2002-721]
(18)
Wastewater causing two readings on an explosion
hazard meter at the point of discharge into the POTW or at any point
in the POTW of more than 5% or any single reading over 10% of the
lower explosive limit of the meter.
(19)
Any substance which will cause the POTW to violate
its NPDES and/or state disposal system permit or the receiving water
quality standards.
(20)
The discharge of toxic or hazardous wastes,
as defined in the Act or the RCRA.
C.
In no case shall a slug load have a flow rate or contain
concentration or qualities of pollutants that exceed any time period
longer than 15 minutes or contain more than five times the average
twenty-four-hour concentration of flow during normal operation or
otherwise constitute a slug discharge.
D.
When the Director of Public Works determines that
a user(s) in contributing to the POTW any of the above-enumerated
substances in such amounts as to interfere with the operation of the
POTW, the Director of Public Works shall:
E.
Pollutants, substances or wastewater prohibited by
this section shall not be processed or stored in a manner that they
could be discharged to the POTW.
[Amended 7-13-2000 by Ord. No. 2000-704; 4-25-2002 by Ord. No. 2002-721]
The categorical pretreatment standards now found or hereafter found at 40 CFR, Chapter 1, Subchapter N, are hereby incorporated in this article by reference as though set forth in full and shall apply to significant industrial users, including categorical industrial users, pursuant to the definitions set forth in this article and as set forth in Resolution No. 95-55[1] of Upper Merion Township.
A.
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the Director of Public Works may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the Director of Public Works shall impose an alternate limit using
the combined waste stream formula in 40 CFR 403.6(e).
C.
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
[1]
Editor's Note: Said resolution is on file
in the Township offices.
Where the Township's wastewater treatment system
achieves consistent removal of pollutants limited by National Pretreatment
Standards, the Township may apply to the Approval Authority for modification
of 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 wastewater treatment system
to a less toxic or harmless state in the effluent which is achieved
by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c)(2) of Title 40 of
the Code of Federal Regulations, Part 403, General Pretreatment Regulations
for Existing and New Sources of Pollution, promulgated pursuant to
the Act. The Township may then modify pollutant discharge limits in
the National Pretreatment Standards if the requirements contained
in 40 CFR 403, § 403.7, are fulfilled and prior approval
from the Approval Authority is obtained.
A.
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.
No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Director of Public Works
may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements or in other cases
when the imposition of mass limitations is appropriate.
A.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Township
for review and shall be approved by the Township before construction
of the facility. All existing users shall complete such a plan by
January 1, 1994. No user shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved
by the Township. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of this
article. In the case of an accidental discharge, it is the responsibility
of the user to immediately notify the POTW of the incident. The notification
shall include location of discharge, type of waste, concentration
and volume and corrective actions.
B.
Written notice. Within five days following an accidental
discharge, the user shall submit to the Director of Public Works a
detailed written report describing the cause of the discharge and
the measures to be taken by the user to prevent similar future occurrences.
Such notification shall not relieve the user of any expense, loss,
damage or other liability which may be incurred as a result of damage
to the POTW, fish kills or any other damage to person or property;
nor shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed by this article or other applicable
law.
C.
Notice to employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall ensure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
[Added 6-21-2007 by Ord. No. 2007-762]
The Township, at its sole discretion, may develop BMPs to comply
with 40 CFR 403.5(c)(1) and (2). Such BMPs shall be considered local
limits and pretreatment standards for the purposes of 40 CFR 403 and
Section 307(d) of the Clean Water Act. The Township, also at its sole
discretion, may allow a user to implement BMPs to meet the prohibitions
listed in 40 CFR 403.5(a)(1) and (b).
Local limits shall be established by the Township
by resolution. The local limits shall be on a uniform concentration
limit basis or selected reductions for specific industrial users.
The pollutant limits established by the local limits are established
to protect against pass-through and interference. No person shall
discharge wastewater containing in excess of instantaneous maximum
allowable discharge limits as established by Township resolution.
The local limits as established by Township resolution shall apply
at the point where the wastewater is discharged to the POTW. All concentrations
for metallic substances are for total metal unless indicated otherwise.
The Director of Public Works may impose mass limitations in addition
to or in place of the concentration-based limitations.
A.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all Categorical Pretreatment Standards, local limits and the prohibitions set out in § 133-38 of this article within the time limitations specified by the EPA, the state or the Director of Public Works, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director of Public Works for review and shall be acceptable to the Director of Public Works before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Township under the provisions of this article.
B.
Whenever deemed necessary, the Director of Public
Works may require users to restrict their discharge during peak flow
periods, designate that certain wastewater to be discharged only into
specific sewers, relocate and/or consolidate points of discharge,
separate sewage waste streams from industrial waste streams and such
other conditions as may be necessary to protect the POTW and determine
the User's compliance with the requirements of this article.
C.
The Director of Public Works may require any person
discharging into the POTW to install and maintain, on their property
and at their expense, a suitable storage and flow control facility
to ensure equalization of flow. A wastewater discharge permit may
be issued solely for flow equalization.
D.
Grease, oil and sand interceptors shall be provided
by the user when, in the opinion of the Director of Public Works,
they are necessary for the proper handling of wastewater containing
excessive amounts of grease and oil or sand; except that such interceptors
shall not be required for residential users. All interception units
shall be of type and capacity approved by the Director of Public Works
and shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned and repaired regularly,
as needed, by the user at its expense.
E.
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
[Amended 6-21-2007 by Ord. No. 2007-762]
A.
An accidental discharge/slug control plan, as prescribed under 40
CFR 408.8(f)(2)(vi), may be required:
(1)
For all new sources/new users. Where required by the Director of
Public Works, detailed plans showing facilities and operating procedures
to provide protection from accidental discharges or slugs shall be
submitted to the Township for review and shall be approved by the
Township before construction of the facility.
(2)
For existing sources/new users. The Director of Public Works shall
evaluate whether each new user needs an accidental discharge/slug
control plan within one year of the date on inclusion in the Industrial
Pretreatment Program.
(3)
For existing sources/existing users. The Director of Public Works
shall evaluate whether each user needs an accidental discharge/slug
control plan on a routine basis.
B.
If an accidental discharge/slug control plan is required, the Director
of Public Works may require any user to develop, submit for approval,
and implement such a plan. Alternatively, the Director of Public Works
may develop such a plan for any user. An accidental discharge/slug
control plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the Director of Public Works
of any accidental or slug discharge.
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures shall include, but are not limited to,
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.
C.
When an existing source is required by the Director of Public Works
to provide and/or modify an accidental discharge/slug control plan,
the user shall provide the plan within 60 days of notification. Should
the plan require construction or implementation of measures to meet
compliance, the plan shall provide a schedule for those actions. After
initial review, should additional information be required to provide
a complete plan, it shall be furnished to the Director of Public Works
within 30 days. Failure to submit a revised plan and/or failure to
provide a complete plan after the thirty-day submission period may
render the wastewater discharge permit void.
D.
The Township's review and approval of such plans and operating
procedures shall not relieve the user from the responsibility to modify
the user's facility as necessary to meet the requirements of
this article.
E.
If not specifically required by the Director of Public Works, the
information, requirements, etc., called for in a plan are not waived
by the Township and the user shall, in its own and sole judgment,
provide all necessary items, procedures, etc., to prevent any accidental
discharge and/or slug discharge to the POTW.
F.
All users are required to notify the Township immediately of any
changes at their facilities affecting the potential for an accidental
discharge and/or slug discharge to the POTW.
A.
Septic tank waste may be introduced into the POTW
only at locations designated by the Director of Public Works and at
such times as are established by the Director of Public Works. Such
waste shall not violate this article or any other requirements established
by the Township. The Director of Public Works may require septic tank
waste haulers to obtain wastewater discharge permits.
B.
The Director of Public Works shall require haulers
of industrial waste to obtain wastewater discharge permits. The Director
of Public Works may require generators of hauled industrial waste
to apply for wastewater discharge permits. The Director of Public
Works also may prohibit the disposal of hauled industrial waste. The
discharge of hauled industrial waste is subject to all other requirements
of this article.
C.
Industrial waste haulers may discharge loads only
at locations designed by the Director of Public Works. No load may
be discharged without prior written consent of the Director of Public
Works. The Director of Public Works may collect samples of each hauled
load to ensure compliance with applicable standards. The Director
of Public Works may require the industrial waste hauler to provide
a waste analysis of any load prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazard wastes.
It shall be unlawful to discharge within Upper
Merion Township or in any area under the jurisdiction of the Township
and/or to the POTW any wastewater except as authorized by the Director
of Public Works in accordance with the provisions of this article,
subject to state and federal laws and regulations.
When requested by the Director of Public Works,
a user must submit information on the nature and characteristics of
its wastewater within 30 days of the request. The Director of Public
Works is authorized to prepare a form for this purpose and may periodically
require users to update this information.
A.
No significant industrial user shall discharge wastewater
into the POTW without first obtaining a wastewater discharge permit
from the Director of Public Works. A permitted user may discharge
for the time period specified in the permit.
B.
The Director of Public Works may require other users
to obtain wastewater discharge permits as necessary to carry out the
purposes of this article.
C.
Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this article and subjects
the wastewater discharge permittee to the sanctions set out in this
article. Obtaining a wastewater discharge permit does not relieve
a permittee of its obligation to comply with all federal and state
pretreatment standards or requirements or with any other requirements
of federal, state and local law.
Any user required to obtain a wastewater discharge
permit who or which was discharging wastewater into the POTW prior
to the effective date of this article and who or which wishes to continue
such discharges in the future shall, within 30 days after said date,
apply to the Director of Public Works for a wastewater discharge permit
in accordance with this article. Said user shall not cause or allow
discharges to the POTW to continue after 30 days of the effective
date of this article except in accordance with a wastewater discharge
permit issued by the Director of Public Works.
Any user required to obtain a wastewater discharge
permit who proposes to begin or recommence discharging into the POTW
must obtain such permit prior to the beginning or recommencing of
such discharge. An application for this wastewater discharge permit,
in accordance with this article, must be filed at least 90 days prior
to the date upon which any discharge will begin or recommence.
A.
Users required to obtain a wastewater discharge permit
shall complete and file with the Township an application in the form
prescribed in this article. The Director of Public Works may require
all users to submit as part of an application the following information:
(2)
A description of activities, facilities and plant
processes on the premises, including a list of all raw materials and
chemicals used or stored at the facility which are or could accidentally
or intentionally be discharged to the POTW.
(3)
The number and type of employees, hours of operation
and proposed or actual hours of operation.
(4)
Each product produced 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)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, floor drains and appurtenances by
size, location and elevation, and all points of discharge.
(7)
The time and duration of discharges.
(8)
Wastewater constituents and characteristics sampling
and analysis, performed in accordance with § 304(g) of the
Act and 40 CFR 136, as amended.
(9)
Any other information as may be deemed necessary by
the Director of Public Works to evaluate the wastewater discharge
permit application.
B.
Incomplete or inaccurate applications will not be
processed and will be returned to the user for revision.
C.
All wastewater discharge permit applications and user
reports must be signed by an authorized representative of the 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."
The Director of Public Works will evaluate the
data furnished by the user and may require additional information.
Within 60 days of receipt of a complete wastewater discharge permit
application, the Director of Public Works will determine whether or
not to issue a wastewater discharge permit. The Director of Public
Works may deny any application for a wastewater discharge permit,
which does not comply with the requirements of this article or applicable
federal and state statutes and regulations.
A wastewater discharge permit shall be issued
for a specified time period, not to exceed five years from the effective
date of the permit. A wastewater discharge permit may be issued for
a period less than five years, at the discretion of the Director of
Public Works. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
A.
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Director of Public Works
to prevent pass-through or interference, to protect the quality of
the water body receiving the treatment plant's effluent, to protect
worker health and safety, to facilitate sludge management and disposal
and to protect against damage to the POTW.
B.
Wastewater discharge permits must contain:
(1)
A statement that indicates the wastewater discharge
permit duration, which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Township in accordance with §§ 133-57 and 137-59 of this article, and provisions for furnishing the new owners or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits based on applicable pretreatment standards.
(4)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type based on federal, state and local law.
(5)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements and any applicable
compliance schedule. Such schedule may not extend the time for compliance
beyond that required by applicable federal, state or local law.
C.
Wastewater discharge permits may contain but need
not be limited to the following conditions:
(1)
Limits on the average and/or maximum rate of discharge,
time of discharge and/or requirements for flow regulation and equalization.
(2)
Requirements for the installation of pretreatment
technology, pollution control or construction of appropriate containment
devices designed to reduce, eliminate or prevent the introduction
of pollutants into the treatment works.
(3)
Requirements for the development and implementation
of spill control plans or other special conditions including management
practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges.
(4)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW.
(5)
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(7)
A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
(8)
Other conditions as deemed appropriate by the Director
of Public Works to ensure compliance with this article, and state
and federal laws, rules and regulations.
The Director of Public Works shall provide notice
of the issuance of a wastewater discharge permit. Any person, including
the user, may petition the Director of Public Works to reconsider
the terms of a wastewater discharge permit within 30 days of notice
of its issuance.
A.
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
C.
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
D.
If the Director of Public Works fails to act within
30 days, a request for reconsideration shall be deemed to be denied.
Decisions not to reconsider a wastewater discharge permit, not to
issue a wastewater discharge permit or not to modify a wastewater
discharge permit shall be considered final administrative actions
for purposes of judicial review.
E.
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas of Montgomery County
within 30 days of the final administrative wastewater discharge permit
decision.
The Director of Public Works may modify a wastewater
discharge permit for good cause, including but not limited to the
following reasons:
A.
To incorporate any new or revised federal, state or
local pretreatment standards or requirements.
B.
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge
poses a threat to the Township's POTW, Township personnel or the receiving
waters.
E.
Violation of any terms or conditions of the wastewater
discharge permit.
F.
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting.
G.
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13.
H.
To correct typographical or other errors in the wastewater
discharge permit.
I.
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
A.
Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without approval
of the Township. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit, as well as any additional
terms and conditions which may be required as a result of the proposed
transfer.
B.
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 90 days'
advance notice to the Director of Public Works and he approves the
wastewater discharge permit transfer. The notice to the Director of
Public Works must include a written certification by the new owner
or operator which:
C.
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
A.
The Director of Public Works may revoke a wastewater
discharge permit for good cause, including but not limited to the
following reasons:
(1)
Failure to notify the Director of Public Works of
significant changes to the wastewater prior to the changed discharge.
(2)
Failure to provide prior notification to the Director of Public Works of changed conditions pursuant to § 133-67.
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the Director of Public Works or
his designated representative timely access to the facility premises
and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines.
(9)
Failure to pay sewer charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the
wastewater discharge permit application.
(12)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility.
(13)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this article.
B.
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 133-53 of this article a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application from no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow monitoring devices used during the term of the prior permit.
A.
If another municipality or user located within another
municipality contributes wastewater to the POTW, the Township shall
enter into an intermunicipal agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, the Director of Public Works 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 Director of Public Works
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 article and local limits which are at least as stringent as those set out in § 133-44 of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Township's ordinance or local limits.
(2)
A requirement for the contributing municipality to
submit a revised user inventory on at least 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 Director
of Public Works; and which of these activities will be conducted jointly
by the contributing municipality and the Director of Public Works.
(4)
A requirement for the contributing municipality to
provide the Director of Public Works with access to all information
that the contributing municipality obtains as part of its pretreatment
activities.
(5)
Limits on 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 ensuring the Director of Public Works
or his designated representative access to the facilities of users
located within the contributing municipality's jurisdictional boundaries
for the purpose of inspection, sampling and any other duties deemed
necessary by the Director of Public Works.
(8)
A provision specifying remedies available for breach
of the terms of the intermunicipal agreement and authorizing the Township
to take legal action to enforce the terms of the contributing municipality's
ordinance or impose and enforce pretreatment standards.
A.
Within either 180 days after the effective date of a Categorical Pretreatment Standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director of Public Works a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Director of Public Works a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information
set forth below:
(1)
Identifying information. The name and address of the
facility, including the name of the operator and owner.
(2)
Environmental permits. A list of any environmental
control permits held by or for the facility.
(3)
Description of operations. A brief description of
the nature, average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4)
Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary to
allow use of the combined wastes stream formula set out in 40 CFR
403.6(e). Flow measuring devices shall be approved by the Director
of Public Works prior to installation. The flow measuring device shall
be compatible with the process involved and shall be accurate. All
flow measuring devices shall be calibrated semiannually, which calibration
report shall be included as part of the permit application.
(5)
Measurement of pollutants.
(a)
The Categorical Pretreatment Standards applicable
to each regulated process.
(b)
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Director of Public Works, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 133-72 of this article.
(6)
Certification. A statement, reviewed by the user's
authorized representative and certified to by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 133-64 of this article.
The following conditions shall apply to the schedule required by § 133-63B(7) of this article:
A.
The schedule shall contain progress increments (milestones)
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 user to meet the applicable pretreatment standards
(such events include but are not limited to hiring an engineer, completing
preliminary and final plans, executing contracts for major components,
commencing and completing construction and beginning and conducting
routine operation).
B.
No increment referred to above shall exceed six months.
C.
The user shall submit a progress report to the Director
of Public Works no later than 14 days following each date in the schedule
and the final date for compliance, including, as a minimum, whether
or not it complied with the increment of progress, the reason for
any delay and, if appropriate, the steps being taken by the user to
return the construction to the established schedule.
D.
In no event shall more than one month elapse between
such progress reports to the Director of Public Works.
Within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director of Public Works a report containing the information described in § 133-63B(4) through (6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 133-53C of this article.
A.
All significant industrial users shall, at a frequency determined by the Director of Public Works but in no case less than quarterly, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 133-53C of this article.
B.
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean and maintained in good working
order at all times. The failure of the user to keep its monitoring
facility in good working order shall not be grounds for the user to
claim that sample results are unrepresentative of its discharge.
C.
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director of Public Works, using the procedures prescribed in § 133-72 of this article, the results of this monitoring shall be included in the report.
D.
If a user
must implement a BMP to comply with federal pretreatment standards
or requirements or any other condition of this article, the user shall
submit any and all documentation required by the Township to the Director
of Public Works at the frequency specified by the Township to evaluate
compliance. The Township may also require any user to submit any information
or data at any frequency it deems necessary to determine compliance
with this article.
[Added 6-21-2007 by Ord. No. 2007-762]
A.
Each user must notify the Director of Public Works
of any planned significant changes to the user's operations or systems
which might alter the nature, quality or volume of its wastewater
at least 90 days before the change.
B.
The Director of Public Works may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 133-53 of this article.
D.
For purposes of this requirement, significant changes
include but are not limited to flow increases of 20% or greater and
the discharge of any previously unreported pollutants.
A.
In the case of any discharge, including but not limited
to accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the Director of Public Works of the incident. This notification shall
include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
B.
Within five days following such discharge, the user
shall submit a detailed written report describing the cause(s) of
the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage or other liability which may be
incurred as a result of damage to the POTW, natural resources or any
other damage to person or property; nor shall such notification relieve
the user of any fines, penalties or other liability which may be imposed
pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the Director
of Public Works as the Director of Public Works may require.
If sampling performed by a user indicates a
violation, the user must notify the Director of Public Works within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the result of the repeat analysis
to the Director of Public Works within 30 days after becoming aware
of the violation. The user is not required to resample if the Director
of Public Works monitors at the user's facility at least once a month
or if the Director of Public Works samples between the user's initial
sample and when the user receives the results of this sampling.
All pollutant analyses, including sample techniques,
to be submitted as a part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR 136, unless otherwise specified in an applicable Categorical
Pretreatment Standard. If 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by the EPA.
A.
Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Director of Public Works may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides and volatile organic compounds must be obtained
using grab collection techniques.
C.
The Director
of Public Works may allow grab samples for certain parameters to be
composited in the laboratory prior to analysis.
[Added 6-21-2007 by Ord. No. 2007-762]
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
[Amended 6-21-2007 by Ord. No. 2007-762]
Users subject to the reporting requirements
of this article shall maintain, and make available for inspection
and copying by the Director of Public Works, all records of information
obtained pursuant to any monitoring activities required by this article,
any additional records of information obtained pursuant to monitoring
activities undertaken by the user independent of such requirements,
records associated with implementation of BMPs. Records shall include
the date, exact place, method, and time of sampling, and the name
of the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used;
and the results of such analyses and any other information or data
deemed necessary by the Township. These records shall remain available
for a period of at least three years. This period shall be automatically
extended for the duration of any litigation concerning the user or
the Township or where the user has been specifically notified of a
longer retention period by the Director of Public Works.
A.
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user; an identification of the hazardous constituents contained in the wastes, and estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 133-67 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to Categorical Pretreatment Standards under the self-monitoring requirements of §§ 133-63, 133-65 and 133-66 of this article.
B.
Dischargers are exempt from the requirements of Subsection A above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste to not require additional notification.
C.
In the case of any new regulations under § 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Director of Public Works, the EPA Regional Waste Management
Waste Division Director and state hazardous waste authorities of the
discharge of such substance within 90 days of the effective date of
such regulations.
D.
In the case of any notification made under this section,
the user shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical.
E.
The provisions in this section do not create a right
to discharge any substance not otherwise permitted to be discharged
by this ordinance, a permit issued thereunder or any applicable federal
or state law.
A.
The Director of Public Works or his designated representative
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this article
and any wastewater discharge permit or order issued hereunder. Users
shall allow the Director of Public Works or his designated representative
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying and the performance of any
additional duties. A user shall not obstruct, block or otherwise interfere
with access to the sampling point(s).
B.
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
Director of Public Works or his designated representative will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
C.
The Director of Public Works or his designated representative
shall have the right to set up on the user's property or require installation
of such devices as are necessary to conduct sampling and/or metering
of the user's operations.
D.
The Director of Public Works or his designated representative
may require the user to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated semiannually to ensure their accuracy.
E.
Any temporary or permanent obstruction of safe and
easy access to the facility to be inspected and/or stamped shall be
promptly removed by the user at the written or verbal request of the
Director of Public Works or his designated representative and shall
not be replaced. The costs of clearing such access shall be borne
by the user.
F.
Unreasonable delays in allowing the Director of Public
Works or his designated representatives access to the user's premises
shall be a violation of this article.
If the Director of Public Works or his designated
representative has been refused access to a building, structure or
property or any part thereof and is able to demonstrate probable cause
to believe that there may be a violation of this article; or that
there is a need to inspect and/or sample as part of a routine inspection
and sampling program of the Township designed to verify compliance
with this article or any permit or order issued hereunder; or to protect
the overall public health, safety and welfare of the community, then
the Township Manager may seek issuance of a search warrant from the
Court of Common Pleas of Montgomery County, Pennsylvania.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, monitoring
programs and from the Director of Public Work's inspection and sampling
activities shall be available to the public without restriction unless
the user specifically requests and is able to demonstrate to the satisfaction
of the Director of Public Works that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, 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 immediately upon request to governmental agencies
for uses related to NPDES program or pretreatment program and in enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics and other effluent data, as defined
by 40 CFR 2.302, will not be recognized as confidential information
and will be available to the public without restriction.
[Amended 6-21-2007 by Ord. No. 2007-762]
The Director of Public Works shall publish annually, in a newspaper
of general circulation that provides meaningful public notice within
the jurisdiction served by the POTW, a list of the users which, during
the previous 12 months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term "significant noncompliance"
shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equal or exceed the product of
the numeric pretreatment standard or requirement, including instantaneous
limits, as defined by 40 CFR 403.3(1) multiplied by the applicable
criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease, and 1.2
for all other pollutants except pH).
C.
Any other violation of a pretreatment standard or requirement as
defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) that the Director of Public Works determines
has caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of Township personnel
or the general public).
D.
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment or has resulted
in the Director of Public Works' exercise of his emergency authority
to halt or prevent such a discharge.
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance.
F.
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violation(s), which may include violation of best management
practices, which the Director of Public Works determines will adversely
affect the operation or implementation of the local pretreatment program.
When the Director of Public Works finds that
a user has violated or continues to violate any provision of this
article, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, the Director of Public
Works may serve upon that user a written notice of violation. Within
30 days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the user
to the Director of Public Works. Submission of this plan in no way
relieves the user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the Director of Public Works to take
any action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
The Township may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 133-83 and 133-84 of this article.
The Director of Public Works may order a user
which has violated or continues to violate any provision of this article,
a wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement to appear before the Director
of Public Works and show cause why the proposed enforcement action
should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
user. A show cause hearing shall not be a bar against or prerequisite
for taking any other action against the user.
When the Director of Public Works finds that
a user has violated or continues to violate any provision of this
article, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, the Director of Public
Works may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time.
If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against or a prerequisite for taking any
other action against the user.
A.
When the Director of Public Works finds that a user
has violated or continues to violate any provision of this article,
a wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement or that the user's past violations
are likely to recur, the Director of Public Works may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
B.
Issuance of a cease and desist order shall not be
a bar against or a prerequisite for taking any other action against
the user.
A.
When the Director of Public Works finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Director of Public Works may fine such a user in an amount as set forth in Ch. 1, General Provisions, Art. III, General Penalty Provisions, for each violation regardless of jurisdictional boundaries. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of §§ 133-89 and 133-95 of this article.
B.
A lien against the user's property will be sought
for unpaid charges, fines and penalties.
C.
Users desiring to dispute such fines must file a written
request for the Director of Public Works to reconsider the fine along
with full payment of the fine amount within 30 days of being notified
of the fine. Where a request has merit, the Director of Public Works
may convene a hearing on the matter. In the event that the user's
appeal is successful, the payment, together with any interest accruing
there on, shall be returned to the user. The Director of Public Works
may add the costs of preparing administrative enforcement actions,
such as notices and orders, to the fine.
D.
Issuance of an administrative fine shall not be a
bar against or a prerequisite for taking any other action against
the user.
A.
The Director of Public Works may immediately suspend
a user's discharge, after informal notice to the user, whenever such
suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Director of
Public Works may also immediately suspend a user's discharge, after
notice and opportunity to respond, that threatens to interfere with
the operation of the POTW or which represents or may present an endangerment
to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director of Public Works may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Director of Public Works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, unless the termination proceedings in § 133-87 of this article are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director or Public Works prior to the date of any show cause or termination hearing under § 133-82 or 133-87 of this article.
B.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions in § 133-61 of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions.
(2)
Failure to accurately report the wastewater constituents
and characteristics of its discharge.
(3)
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge.
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling.
B.
Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under § 133-82 of this article why the proposed action should not be taken. Exercise of this option by the Director of Public Works shall not be a bar to or a prerequisite for taking any other action against the user.
When the Director of Public Works finds that
a user has violated or continues to violate any provision of this
article, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, the Township Manager,
on behalf of the Township, may petition the Court of Common Pleas
of Montgomery County, Pennsylvania, through the Township's attorney
for appropriate legal and equitable relief, including the issuance
of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit,
order or other requirement imposed by this ordinance on activities
of the user. Relief requested may also include requirements for environmental
remediation. A petition for injunctive relief shall not be a bar against
or a prerequisite for taking any other action against a user.
A.
A user who has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall be liable to the Township for a maximum civil penalty of $25,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. Such penalty may be assessed in accordance with § 133-95 of this article.
B.
The Director of Public Works may recover reasonable
attorneys' fees, court costs and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost
of any actual damages incurred by the Township.
C.
In determining the amount of civil liability, there
shall be taken into account all relevant circumstances, including
but not limited to the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the
compliance history of the user and any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar
against or a prerequisite for taking any other action against a user.
A user who willfully or negligently violates
any provision of this article, a wastewater discharge permit, order
issued hereunder any other pretreatment standard or requirement or
who willfully or negligently introduces any substance into the POTW
which causes personal injury or property damage or any user who knowingly
makes any false statements, representations or certifications in any
application, record, report, plan or other document filed or required
to be maintained pursuant to this article, a wastewater discharge
permit or order issued under this article or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this article, may be subject to criminal prosecution
in accordance with the applicable provisions of the Pennsylvania Crimes
Code, 18 Pa.C.S.A. § 101 et seq.
The remedies provided for in this article are
not exclusive. The Director of Public Works may take any, all or any
combination of these actions against a noncompliant user. Enforcement
of pretreatment violations will generally be in accordance with the
Township's enforcement response plan. However, the Director of Public
Works may take other action against any user when the circumstances
warrant. Further, the Director of Public Works is empowered to take
more than one enforcement action against any noncompliant user.
The Director of Public Works may decline to
issue or reissue a wastewater discharge permit to any user who has
failed to comply with any provision of this article, a previous wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement unless such user first files a satisfactory
bond, payable to the Township, in a sum not to exceed a valued determined
by the Director of Public Works to be necessary to achieve consistent
compliance.
The Director of Public Works may decline to
issue or reissue a wastewater discharge permit to any user who has
failed to comply with any provision of this article, a previous wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement unless the user submits proof that it has
obtained financial assurances sufficient to restore or repair damage
to the POTW caused by its discharge.
A violation of any provision of this article,
a wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the Director of Public
Works. Any person(s) creating a public nuisance shall be subject to
the provisions of the Second Class Township Code[1] and applicable Township ordinances governing such nuisances,
including reimbursing the Township for any costs incurred in removing,
abating or remedying said nuisance.
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
A.
Pursuant to the provisions of Act 9 of 1992,[1] providing for enhanced penalty authority for publicly
owned treatment works which are authorized to enforce industrial pretreatment
standards for industrial waste discharges, and in addition to proceeding
under any other remedy available at law or equity for violation of
pretreatment standards and/or requirements, the Township, as the operator
of a publicly owned treatment works, may assess a civil penalty upon
an industrial user for violation of any of the terms and provisions
of this article. The penalty may be assessed whether or not the violation
was willful or negligent. The civil penalty shall not exceed $25,000
per day for each violation, regardless of jurisdictional boundaries.
Each violation for each separate day shall constitute a separate and
distinct defense under this section.
[1]
Editor's Note: See 35 P.S. § 752.1
et seq.
B.
As part of any notice of assessment of civil penalties
issued by the Township to an industrial user, there shall also be
included a description of the applicable appeals process to be followed,
including the name, address and telephone number of the person responsible
for accepting such appeal on behalf of the Township.
C.
For purposes of this section, a single operational
upset which leads to simultaneous violations of more than one pretreatment
standard or requirement shall be treated as a single violation as
required by Federal Water Pollution Control Act. The Township may,
however, recover its costs for reestablishing the operation of the
treatment works in addition to any civil penalty imposed under this
section.
D.
The Board of Supervisors of the Township shall publicly
adopt a formal, written civil penalty assessment policy and make it
publicly available. Each industrial discharger participating in the
pretreatment program shall be given written notice of the policy.
The penalty assessment policy shall consider:
(1)
Damage to air, water, land or other natural resources
of the Commonwealth of Pennsylvania and their uses.
(2)
Costs of restoration and abatement.
(3)
Savings resulting to the person in consequence of
the violation.
(4)
History of past violations.
(5)
Deterrence of future violations.
(6)
Other relevant factors.
E.
Uses for penalties.
(1)
All civil penalties collected pursuant to this section
shall be placed by the Township in a restricted account and shall
only be used by the Township and the publicly owned treatment works
for the following uses:
(a)
The repair of damage and any additional maintenance
needed or any additional costs imposed as a result of the violation
for which the penalty was imposed.
(b)
To pay any penalties imposed on the Township
or the publicly owned treatment works by the federal or state government
for violation of pretreatment standards.
(c)
For the costs incurred by the Township or publicly
owned treatment works to investigate and take the enforcement action
that resulted in a penalty being imposed.
(d)
For the monitoring of discharges in the pretreatment
program and for capital improvements to the treatment works, including
sewage collection lines, which may be required by the pretreatment
program.
(2)
Any remaining funds may be used for capital improvements
to the treatment works, including collection lines.
F.
Injunctive relief.
(1)
The Township shall have the power to obtain injunctive
relief to enforce compliance with or to restrain any violation of
any pretreatment requirement or standard pursuant to and in accordance
with the provisions of Act 9 of 1992,[2] and 40 CFR 403.8(f)(1)(vi)(A). Injunctive relief shall
be available upon the showing of one or more of the following:
(a)
A discharge from an industrial user presents
an imminent or substantial harm to the POTW or the public.
(b)
A discharge from an industrial user presents
an imminent or substantial endangerment to the environment.
(c)
A discharge from an industrial user causes the
POTW to violate any condition of its discharge permit.
(d)
The industrial user has shown a lack of ability
or intention to comply with a pretreatment standard.
[2]
Editor's Note: See 35 P.S. § 752.1
et seq.
(2)
Notwithstanding Subsection F(1), an injunction affecting an industrial operation not directly related to the condition or violation in question may be issued if the court determines that other enforcement procedures would not be adequate to affect prompt correction of the condition or violation. In addition to an injunction, the court in any such proceedings may levy civil penalties in accordance with Act 9 of 1992 and this Article.
G.
Appeal. An industrial user assessed with a civil penalty
under the terms of this section shall have the right to file an appeal
to contest either the amount of the penalty or the fact of the violation,
within 30 days of the assessment of the civil penalty, pursuant to
2 Pa.C.S.A. § 101 et seq. (relating to administrative law
and procedure). Failure to appeal within this period shall result
in a waiver of all legal rights to contest the violation or the amount
of the penalty.
[Amended 4-25-2002 by Ord. No. 2002-721]
H.
The penalty authorized in this section is intended
to be concurrent and cumulative, and the provisions of this section
shall not abridge or alter any right of action or remedy now or hereafter
existing in equity or under the common law or statutory law, criminal
or civil, available to a person, the Township or the commonwealth.
Any person 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 discharge permit or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this article shall be prosecuted in accordance with
the provisions of the Pennsylvania Crimes Code pertaining to perjury
and falsification in official matters pursuant to 18 Pa.C.S.A. § 4901
et seq.
A.
For the purposes of this section, "upset" means an
exceptional incident in which there is unintentional and temporary
noncompliance with Categorical Pretreatment Standards because of factors
beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designated treatment facilities, inadequate treatment facilities,
lack of preventive maintenance or careless or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of Subsection C below are met.
C.
A user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs or other relevant evidence, that:
(1)
An upset occurred and the user can identify the cause(s)
of the upset;
(2)
The facility was at the time being operated in a prudent
and workmanlike manner and in compliance with applicable operation
and maintenance procedures; and
(3)
The user has submitted the following information to
the Director of Public Works within 24 hours of becoming aware of
the upset (if this information is provided orally, a written submission
must be provided within five days):
(a)
A description of the indirect discharge and
cause of noncompliance;
(b)
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the noncompliance
is expected to continue; and
(c)
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
D.
In any enforcement proceeding, the user seeking to
establish the occurrence of an upset shall have the burden of proof.
E.
Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with Categorical Pretreatment Standards.
F.
Users shall control production of all discharges to
the extent necessary to maintain compliance with Categorical Pretreatment
Standards upon reduction, loss or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in situations where, among other
things, the primary source of power of the treatment facility is reduced
or lost or fails.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 133-38 of this article or the specific prohibitions in § 133-38B through D, except B(1), (2) and (8), if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A.
A local limit exists for each pollutant discharged
and the user was in compliance with each limit directly prior to and
during the pass-through or interference; or
B.
No local limits exists, but the discharge did not
change substantially in nature or constituents from the user's prior
discharge when the Township was regularly in compliance with its NPDES
permit and, in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
A.
For the purposes of this section:
(1)
"Bypass" means the intentional diversion of waste
streams from any portion of a user's treatment facility.
(2)
"Severe property damage" means substantial physical
damage to property, damage to the treatment facilities which causes
them to become inoperable or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. "Severe property damage" does not mean economic loss
caused by delays in production.
C.
Notice.
(1)
If a user knows in advance of the need for a bypass,
it shall submit prior notice to the Director of Public Works at least
10 days before the date of the bypass if possible.
(2)
A user shall submit oral notice to the Director or
Public Works of an unanticipated bypass that exceeds applicable pretreatment
standards within 24 hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause; the duration
of the bypass, including exact dates and times; and, if the bypass
has not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate and prevent reoccurrence
of the bypass.
D.
Bypass prohibited.
(1)
Bypass is prohibited, and the Director of Public Works
may take an enforcement action against a user for a bypass, unless:
(a)
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage.
(b)
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
wastes or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during a normal period of equipment
downtime or preventive maintenance.
A.
It is the purpose of this article to provide for the
recovery of costs from users of the Township's wastewater disposal
system for the implementation of the program established herein. The
applicable charges or fees shall be set forth in the Township's Schedule
of Charges and Fees.
B.
The Township may adopt by resolution charges and fees
which may include:
(1)
Fees for reimbursement of costs of setting up
and operating the Township's pretreatment program.
(2)
Fees for monitoring, inspections and surveillance
procedures.
(3)
Fees for reviewing accidental discharge procedures
and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal (by the Township)
of pollutants otherwise subject to Federal Pretreatment Standards.
(7)
Other fees as the Township may deem necessary
to carry out the requirements contained herein.
C.
These fees relate solely to the matters covered by
this article and are separate from all other fees or sewer rentals
chargeable by the Township.
