[Adopted 9-4-2008 by Ord. No. 2002-07[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. VI, Industrial Waste, adopted 9-3-1997 by Ord. No. 97-7.
A.
The following abbreviations, acronyms, words, terms
and phrases when used in this article shall have the meaning ascribed
to them in this section, except where the context clearly indicated
a different meaning.
B.
Abbreviations. The following abbreviations shall have
the designated meanings:
Abbreviation
|
Meaning
| |
---|---|---|
BOD5
|
Biochemical oxygen demand (5-day)
| |
CBOD5
|
Carbonaceous biochemical oxygen demand (5-day)
| |
CFR
|
Code of Federal Regulations
| |
COD
|
Chemical oxygen demand
| |
EPA
|
United States Environmental Protection Agency
| |
IWDP
|
Industrial waste discharge permit
| |
mg/l
|
milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
NH3-N
|
Ammonia-nitrogen
| |
POTW
|
Publicly owned treatment works
| |
RCRA
|
Resource Conservation and Recovery Act
| |
SIC
|
Standard industrial classification
| |
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
U.S.C.
|
United States Code
| |
TSS
|
Total suspended solids
|
C.
ACT or THE ACT
ADMINISTRATOR or THE ADMINISTRATOR
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF A USER
(1)
(2)
(3)
(4)
BEST MANAGEMENT PRACTICE (BMP)
BIOCHEMICAL OXYGEN DEMAND (BOD5)
BUILDING SEWER
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD5)
CATEGORICAL STANDARD or CATEGORICAL PRETREATMENT STANDARD
CHEMICAL OXYGEN DEMAND (COD)
CITY
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
DIRECTOR OF WATER AND SEWER RESOURCES
DOMESTIC SEWAGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
HEARING BOARD
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL PRETREATMENT COORDINATOR
INDUSTRIAL USER
INDUSTRIAL WASTE
INDUSTRIAL WASTE DISCHARGE PERMIT (IWDP)
INTERFERENCE
(1)
(2)
LOWER SAUCON AUTHORITY
MONTHLY AVERAGE
NATIONAL CATEGORICAL STANDARD or CATEGORICAL STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PRETREATMENT STANDARD or NATIONAL STANDARD
NEW SOURCE
(1)
(2)
(3)
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTAGE
SEWAGE
SHALL
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
SLUG LOAD or SLUG
SPECIFIC POLLUTANT DISCHARGE LIMITATIONS or LOCAL LIMITS
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS (SS)
TOWNSHIP
TOXIC POLLUTANT
USER
WASTEWATER
WATER QUALITY MANAGER
WATERS OF THE STATE
WEEKLY AVERAGE
As used in this article, the following terms shall
have the meanings indicated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Administrator of the U.S. Environmental Protection Agency.
The Regional Administrator of EPA Region III as defined in
40 CFR 403.3(c).
An authorized representative of a user may be:
[Amended 12-2-2009 by Ord. No. 2009-12]
A president, secretary, treasurer, or vice president
of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision-making functions
for the corporation;
A general partner or proprietor, if the user
is a partnership or proprietorship, respectively;
A director or highest official appointed or
designated to oversee operations and performance, if the user is a
federal, state or local governmental facility.
A duly authorized representative of the individual identified in Subsections (1) through (3) above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates and a written request for designation of an alternate representative is approved by the City.
Schedules of activities, prohibitions 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 contract plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
[Added 12-2-2009 by Ord. No. 2009-12]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed as a concentration [milligrams per liter (mg/l)],
and determined in accordance with EPA test methods referenced in 40
CFR 136.
A sewer conveying wastewater from the premises of a user
to the POTW.
The quantity of oxygen utilized in the biochemical oxidation
of carbonaceous organic matter expressed as concentration (mg/l -
milligrams per liter), and determined in accordance with EPA test
methods referenced in 40 CFR 136.
See "national categorical standard."
The quantity of oxygen utilized in the chemical oxidation
of organic matter which is susceptible to conversion to carbon dioxide
and water and expressed as a concentration (mg/l - milligrams per
liter), and determined in accordance with EPA test methods referenced
in 40 CFR 136.
The City of Bethlehem, Pennsylvania, or the City Council
of Bethlehem.
The City of Bethlehem.
The water discharged from any use such 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 Commonwealth of Pennsylvania.
The person designated by the City to implement, administer
and enforce the provisions of this article or the Director's duly
authorized representative.
Liquid- or water-carried waste generated from sanitary conveniences
of campers, trailers, dwellings, office buildings, factories or institutions,
and from household laundry operations, washing and cooking foods and
dishwashing, but does not contain industrial waste.
The United States Environmental Protection Agency, or where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
standards, which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 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 taken over
a period of time which does not exceed 15 minutes.
The Board appointed according to provisions of Section 923.05
of the City of Bethlehem Codified Ordinance.
Any waste from holding tanks such as, but not limited to,
treatment units, vessels, chemical toilets, campers, trailers, septic
tanks and vacuum-pump trucks.
The discharge or the introduction of pollutants from any
nondomestic source regulated under Section 307(b) or (c) or (d) of
the Act (33 U.S.C. § 1317), into POTW (including holding
tank waste discharged into the system).
The person designated by the City to supervise the operation
of its industrial pretreatment program, who is charged with certain
duties and responsibilities by Section 923 of the City of Bethlehem
Codified Ordinance Article 923, or a duly authorized representative
as delegated by the Industrial Pretreatment Coordinator.
A source of indirect discharge.
Solid, liquid or gaseous wastes from any industrial, manufacturing
or commercial process or from the development, recovery or processing
of natural resources, but not domestic sewage.
A permit as set forth in Section 923.04 of the City of Bethlehem
Codified Ordinance Article 923.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal;
and
Is a cause of a violation of any requirement
of the POTW's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): Section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) [including Title II, more commonly referred
to as the "Resource Conservation and Recovery Act" (RCRA), and including
state regulations contained in any State Sludge Management Plan prepared
pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic
Substance Control Act and the Marine Protection, Research and Sanctuaries
Act.
The Municipal Authority established under the provisions
of the Pennsylvania Municipal Authorities Act of 1945[1] by the Township of Lower Saucon Township, Northampton
County.
The arithmetic mean of the values for users' samples collected
over a calendar month.
Standard specifying quantities or concentrations of pollutants
or pollutant properties which may be discharged to the POTW by existing
or new industrial users in specific industrial subcategories, as established
as separate regulations under 40 CFR Chapter I, Subchapter N.
A permit issued to the City pursuant to Section 402 of the
Act (33 U.S.C. § 1342).
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act, which
applies to industrial users. This term includes categorical standards
and the prohibitive discharge standards or local limits established
pursuant to 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 proposed pretreatment standards
under Section 307(c) of the Act, which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
The building, structure, facility or installation
totally replaced the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater-generating processes
of the building, structure, facility or installation is 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.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
and the singular shall include the plural, where indicated by the
context.
A measure of the acidity or alkalinity of a solution, expressed
in standard units, and determined in accordance with EPA test methods
referenced in 40 CFR 136.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemicals, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal and agricultural waste
discharged into the environment.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of the environment.
That portion of the POTW designated 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 process changes by other means, except as prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on a industrial
user.
See "national pretreatment standard."
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the Lower
Saucon Authority and by the City. This definition includes any devices
or systems used in the storage, treatment, recycling, and reclamation
of municipal sewage or industrial wastes of liquid nature and any
manholes, sewers, pumping stations, force mains, siphons or other
facilities or appurtenances which are part of the system utilized
to convey wastewater to a POTW treatment plant. The POTW shall also
include any collection and conveyance systems which convey wastewater
to the City's POTW from persons outside the City who are, by contract
or agreement with the City, users of the City's POTW.
A type of holding tank waste originating from the discharge
of strictly domestic sewage to holding tanks, chemical toilets, camper
waste tanks, trailer waste tanks, cesspools and septic tanks.
See "wastewater."
Is mandatory; "may" is permissive.
Any industrial user of the City's POTW who:
Is subject to categorical standards under 40
CFR 403.6 and 40 CFR Chapter I, Subchapter N; or
Discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blow-down wastewater) or 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; or is designated
as such by the City on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
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, or which could cause a violation of the prohibited
discharge standards of Section 923.02 of the City of Bethlehem Codified
Ordinance Article 923.
Numeric quantities or concentrations of pollutants which
may be discharged to the POTW by existing or new industrial users
developed by the City in accordance with 40 CFR 403.5(c) and defined
in Section 923.02(d) of the City of Bethlehem Codified Ordinance Article
923.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972 (as amended).
State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the City to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by the City of Bethlehem Codified Ordinance
Article 923, or the Superintendent's duly authorized representative.
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 and determined in accordance with
EPA test methods referenced in 40 CFR 136.
The Township of Lower Saucon, County of Northampton, Commonwealth
of Pennsylvania.
Any pollutant or combination of pollutants as listed in the
City's Industrial Pretreatment Program, Appendix D, Priority Pollutants
and Categorical Industry Information, including all amendments thereto.
Any person who utilizes the services of the City's POTW.
The liquid- and water-carried industrial wastes and/or domestic
sewage from dwellings, commercial buildings, industrial facilities
or institutions, whether treated or untreated, which are contributed
into or permitted to enter the POTW.
The person designated by the City to supervise the operation
of the Water Quality Bureau.
[Added 12-2-2009 by Ord. No. 2009-12]
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 portion thereof.
The arithmetic mean of the values for the users collected
over a seven-day calendar week.
[1]
Editor's Note: See now the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
A.
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will cause
pass-through or interference with the operation or performance of
the POTW. These general prohibitions apply to all such users of a
POTW, whether or not the user is subject to National Categorical Pretreatment
Standards or any other national, state or local pretreatment standards
or requirements.
(1)
A user may not contribute the following substances
to any POTW:
(a)
Quantities of liquids, solids, or gases (including
but not limited to gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides) which by
reason of their nature or quantity are, or may be, sufficient either
alone or by interaction with other substances to cause fire or explosion
or be injurious in any way to the POTW or to the operation of the
POTW, including but not limited to any discharge with a closed-up
flash point of less than 140° F. (60° C.) using the test methods
specified in 40 CFR 261.21. At no time shall any wastewater cause
two successive readings on an explosion hazard meter, at the point
of discharge into the system (or at any point in the system), to be
more than 5% nor any single reading to be over 10% of the lower explosive
limit (LEL) of the meter.
(b)
Solid or viscous pollutants in amounts which
will cause obstruction to the flow in the POTW resulting in interference,
including but not limited to grease, garbage, solids greater than
three inches in any dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
wastepaper, wood, plastics, gas, tar, asphalt residues, residues from
refining or processing of fuel or lubricating oil, mud or glass grinding
or polishing wastes.
(c)
Pollutants which will cause any damage to the
POTW, but in no case may pollutants being discharged have a pH lower
than five nor greater than 11.5.
(d)
Pollutants in sufficient quantity which, either
alone or by interaction with other pollutants, would result in the
presence of toxic gases, vapors or fumes, cause worker injury or disruption
of any wastewater treatment process, including the disposal of sludge,
or would be in noncompliance with any categorical or pretreatment
standards established in accord with 40 CFR 403.6.
(e)
Noxious or malodorous liquids, gases, or solids
which, either alone or by interaction with other wastes, cause a public
nuisance or hazard to life or prevent entry into the POTW for maintenance
and repair.
(f)
Pollutants, including oxygen-demanding pollutants
released in a discharge at a flow rate and/or concentration which
will cause interference with the POTW.
(g)
Substances which will cause pass-through and
cause the POTW to violate its NPDES and/or state solid waste disposal
system permit(s) or the air quality and/or the receiving water quality
standards.
(h)
Wastewater with excessive discoloration not
removed in the POTW treatment process, including but not limited to
dye wastes and vegetable tanning solutions, which cause or contributes
to interference, pass through, or any violations at the POTW treatment
plant.
(i)
Heat in amounts producing interference, but
in no case heat in such quantities that the temperature at the POTW
treatment plant exceeds 40° C. (104° F.). At no time shall
a discharge to the POTW have a temperature higher than 150° F.
or less than 32° F.
(j)
Slug loads as defined in Section 923.01 of the
City of Bethlehem Codified Ordinance Article 923.
[Amended 12-2-2009 by Ord. No. 2009-12]
(k)
Wastewater containing any radioactive material
or isotopes of such half-life or concentration as may cause pass through
or interference in the POTW or exceed limits established by the Superintendent
in compliance with applicable Delaware River Basin Commission, state,
or federal regulations.
(l)
Petroleum oil, nonbiodegradable cutting oil
or products of mineral oil origin in amounts that will cause interference
or pass-through.
(m)
Discharge of mineral/petroleum oil and grease
in concentrations greater than 100 mg/l and animal/vegetable oil and
grease in concentrations greater than 300 mg/l.
(n)
Discharge of holding tank waste or septage,
except as provided for in Section 923.08 of the City of Bethlehem
Codified Ordinance Article 923.
(o)
Discharge which, if otherwise disposed of, would
be considered a hazardous waste as defined under 40 CFR 261, without
prior notification by the user in writing to the POTW, the state and
EPA in accordance with 40 CFR 403.12(p)(1) and written approval by
the Superintendent.
(p)
New or increased discharges or changes in the
nature of discharges without prior notification to the POTW and written
approval by the Superintendent.
(q)
Stormwater, surface water, ground water, artesian
well water, roof runoff, subsurface drainage, unpolluted industrial
process water, unpolluted cooling water (also refer to Article 915),
or swimming pool drainage (also refer to Article 921), unless specifically
authorized by the Superintendent.
(r)
Sludges, screenings or other residues from the
pretreatment of industrial wastes, unless specifically authorized
by the Superintendent.
(s)
Wastes generates in the diagnosis, treatment,
immunization or autopsy of human beings or animals, in research pertaining
thereto, or in the preparation of human or animal remains for burial
or cremation, unless specifically authorized by the Superintendent.
(t)
Wastewater, alone or in conjunction with other
sources, causing the POTW treatment plant's effluent to fail a toxicity
test.
(u)
Detergents, surface-active agents, or other
substances which may cause excessive foaming in the POTW.
(2)
When the Industrial Pretreatment Coordinator determines
that a user is contributing to the POTW any of the above-enumerated
substances in such amounts as to cause pass through or interference
with the operation of the POTW and/or POTW treatment plant, the Industrial
Pretreatment Coordinator shall:
(a)
Notify the user of the impact of the contribution
on the POTW and/or POTW treatment plant;
(b)
Develop effluent limitation(s), as needed, for
the user to correct the pass through or interference with the POTW
and/or POTW treatment plant; and
(c)
Proceed with enforcement pursuant to the provisions
of Section 923.05 of the City of Bethlehem Codified Ordinance Article
923.
(3)
Pollutants, substances or wastewater prohibited by
this section shall not be processed or stored in such a manner that
they have a reasonable potential to be discharged to the POTW.
B.
National pretreatment standards and national categorical standards. All industrial users are subject to the National Pretreatment Standards. The National Categorical Standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated into this article by reference as though set forth in full. Industrial users must comply with all applicable categorical standards and other requirements promulgated by EPA. Any categorical standard, if more stringent than the limitations imposed by the City of Bethlehem Codified Ordinance Article 923, shall immediately supersede the limitations imposed under the City of Bethlehem Codified Ordinance Article 923.
(1)
Where a categorical standard is expressed only in
terms of either the mass or the concentration of a pollutant in wastewater,
the Industrial Pretreatment Coordinator may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical standard
is mixed with wastewater not regulated by the same standard, the Industrial
Pretreatment Coordinator shall impose an alternate limit using the
combined waste stream formula in 40 CFR 403.6(e).
(3)
An industrial user may obtain a variance from a categorical
standard from EPA if the industrial 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 EPA when developing the categorical standard. If a variance
is obtained, the City reserves the right to modify the industrial
user's permit to incorporate the revised standards and requirements.
(4)
An industrial user may obtain a net gross adjustment
to a categorical standard in accordance with 40 CFR 403.15.
C.
Modification of national categorical standards. Where
the City's POTW treatment plant achieves consistent removal of pollutants
limited by National Categorical Standards, the City may apply to the
approval authority for modification of specific limits in the National
Categorical Standards. "Consistent removal" is defined by EPA in 40
CFR 403.7(b). The City may then modify pollutants discharge limits
in the National Categorical Standards if the requirements contained
in 40 CFR, Part 403, Section 403.7 are fulfilled and prior approval
from the approval authority is obtained.
D.
Specific pollutant discharge limitations.
(1)
Local limits. In accordance with 40 CFR 403.5(c),
the City of Bethlehem imposes the following local specific pollutant
discharge limitations for all industrial users:
[Amended 12-2-2009 by Ord. No. 2009-12]
Pollutant
(total)
|
Local Limit
(mg/l)
| |
---|---|---|
Arsenic
|
0.11
| |
Cadmium
|
0.05
| |
Chromium
|
0.91
| |
Copper
|
1.35
| |
Lead
|
0.39
| |
Mercury
|
0.007
| |
Molybdenum
|
0.22
| |
Nickel
|
1.36
| |
Selenium
|
0.23
| |
Silver
|
0.21
| |
Zinc
|
2.58
| |
Cyanide
|
0.38
|
(2)
The specific pollutant discharge limitations listed
above are the highest allowable concentration in any type of sample,
either a grab or composite, collected over any time interval, unless
otherwise specified in an IWDP.
(3)
The specific pollutant discharge limitations listed
above apply at the point where the wastewater is discharged to the
POTW or at the point designated by the Industrial Pretreatment Coordinator.
(4)
In addition to industrial users, the City reserves
the right to apply the specific pollutant discharge limitations listed
above to any user's wastewater discharge which is not composed of
strictly domestic sewage.
(5)
The City reserves the right to establish alternate
specific pollutant discharge limitations in individual industrial
waste discharge permits, but only in accordance with regulatory requirements.
In no event shall any alternate limit allow the total loading allocated
to all industrial users for any pollutant to exceed the maximum allowable
industrial headworks loading as determined in the City’s most
recent local limits evaluation approved by the approval authority.
The specific pollutant discharge limitations, if more stringent than
the National Categorical Standards, shall immediately supersede the
National Categorical Standards.
[Amended 12-2-2009 by Ord. No. 2009-12]
E.
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 the City of
Bethlehem Codified Ordinance.
F.
City's right of revision. The City reserves the right
to establish by ordinance more stringent limitations or requirements
on discharges to the POTW if deemed necessary.
G.
Excessive discharge. No user shall increase the use
of process water solely for the purpose of complying with the City
of Bethlehem Codified Ordinance or in any way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the limitations contained in the National
Categorical Standards, or in any other pollutant-specific limitation
developed by the City or state. The Industrial Pretreatment Coordinator
may impose mass limitation on users who are using dilution to meet
applicable National Categorical Standards, or in any other pollutant-specific
limitations or requirements, or in other cases when the imposition
of mass limitations is appropriate.
H.
Accidental discharges/slug load. Each industrial user
shall provide protection from accidental discharges/slug loads of
prohibited materials or other substances regulated by this article.
Where facilities are provided to prevent accidental discharges/slug
loads of prohibited materials, these facilities shall be provided
and maintained at the industrial user's own cost and expense. In the
case of an accidental discharge/slug loads, it shall be the responsibility
of the industrial user, upon discovery, and after assessing the situation
and taking initial corrective action, to immediately telephone and
notify the Industrial Pretreatment Coordinator of the incident. The
notification shall include location of discharge, type of waste, estimated
concentration and volume if known, and initial corrective actions
by the industrial user.
(1)
Written notice. Within five days following an accidental
discharge/slug load, the industrial user shall submit to the Industrial
Pretreatment Coordinator a detailed written report including the date,
time, duration of the discharge as well as describing the cause of
the discharge, all corrective measures implemented or attempted, and
measures to be taken by the industrial user to prevent similar future
occurrences. Such notification shall not relieve the industrial user
of any expenses, 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 industrial
user of any fines, civil penalties, or other liability which may be
imposed by this article, the City of Bethlehem Codified Ordinance
Article 923, or other applicable articles or laws.
(2)
Notice to employees. A notice shall be permanently
posted on the industrial user's bulletin board or other prominent
place advising employees whom to call in the event of an accidental
discharge/slug load. Employers shall insure that all employees are
advised of the emergency notification procedures.
I.
Accidental discharge/slug control plans. An accidental
discharge or slug control plan, as prescribed under 40 CFR 403.8(f)(2)(v),
shall be required:
(1)
For new source industrial users. Detailed plans showing
facilities and operating procedures to provide protection from accidental
discharges or slugs shall be submitted to the City for review as part
of the IWDP application, and shall be approved by the City before
construction of the facility.
(2)
For existing industrial users. The Industrial Pretreatment
Coordinator shall evaluate whether each industrial user needs a new
or updated accidental discharge/slug control plan.
[Amended 12-2-2009 by Ord. No. 2009-12]
J.
Contents of accidental discharge/slug control plan.
(1)
Should the Industrial Pretreatment Coordinator require
the industrial user to develop, submit for approval, and implement
a new or updated accidental discharge/slug control plan, the accidental
discharge/slug control plan shall address, at a minimum, the following:
(a)
Description of discharge practices, including
non-routine batch discharges;
(b)
Description of stored chemicals;
(c)
Procedures for immediately notifying the Industrial
Pretreatment Coordinator of any accidental or slug discharge, as required
by Section 923.02(h) of the City of Bethlehem Codified Ordinance Article
923; and
(d)
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.
(2)
When an existing industrial user is required by the
Industrial Pretreatment Coordinator to provide and/or modify an accidental
discharge/slug control plan, the industrial 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 Industrial Pretreatment Coordinator within 30 days of the date
of notification. Failure to submit a revised plan and/or failure to
provide a complete plan after the 30 days' submission period may render
the industrial waste discharge permit void.
(3)
The City's review and approval of accidental discharge/slug
control plans shall not relieve the industrial user from the responsibility
to modify the industrial user's facility as necessary to meet the
requirements of the City of Bethlehem Codified Ordinance Article 923.
(4)
If not specifically required by the Industrial Pretreatment
Coordinator, the information, requirements, etc., called for in a
plan are not waived by the City and the industrial user shall provide
all necessary items, procedures, etc., to prevent any accidental discharge
and/or slug discharge to the POTW.
(5)
An approved state pollution prevention plan may substitute
for all or a portion of the contents of an accidental discharge/slug
control plan to the extent that it satisfies the requirements described
herein.
(6)
All
users are required to notify the POTW immediately of any changes at
its facility affecting potential for a slug discharge.
[Added 12-2-2009 by Ord. No. 2009-12]
K.
Applicability.
(1)
Each nonindustrial user shall be regulated by the
Township Ordinance and the Lower Saucon Authority rates, rules, and
regulations. Each industrial user shall be regulated by the applicable
rates, rules, regulations and ordinances of the Township, the Lower
Saucon Authority, and of the City. This article hereby allows appropriate
City rates, rules, regulations and/or ordinances to apply to industrial
users of the City of Bethlehem POTW.
(2)
Every industrial user shall comply with all regulatory
requirements, permit conditions, discharge report requirements, records
and monitorial requirements and inspection, sampling and analysis
requirements of the City as though these requirements were requirements
of the Township and Lower Saucon Authority.
(3)
All direct communications, applications, directives,
reporting, permitting and enforcement of compliance of industrial
users shall be undertaken through the City. All industrial users,
however, are hereby obligated to keep the Lower Saucon Authority fully
informed of all such communications, applications, directives and
reporting, permitting and enforcement when so requested, in writing,
by the Lower Saucon Authority.
L.
Exemptions.
(1)
It is noted that there are or may be sanitary sewer
or industrial users located within the City of Bethlehem limits and
discharging sanitary sewage or industrial waste to sanitary sewer
pipes owned and maintained by Lower Saucon Authority. Inasmuch as
these customers are direct City customers and not Lower Saucon Authority
customers, they shall be regulated strictly by the City of Bethlehem
Industrial Waste Ordinances and not this article (for the purposes
of industrial waste discharge). Other City of Bethlehem customers
which may be located partly or wholly within Lower Saucon Township
are also hereby exempted from the regulations of this article.
(2)
Municipal Solid Waste Landfill PA DEP Permit ID No.
100020 is located in Lower Saucon Township, but by agreement between
the Township and the City, is a direct sewer service customer of the
City. This landfill and its leachate collection systems are and shall
be deemed to be City of Bethlehem customers for the purposes of sanitary
sewer and industrial waste collection, disposal and treatment. Since
it is a direct City customer tying directly to a City system, it is
not regulated by either this article or other sanitary sewer rates,
rules and regulations of the Township or the Lower Saucon Authority.
Further, industrial waste or sanitary sewer flows generated by this
facility will not be counted or charged against capacity being reserved
for Lower Saucon Township at the City of Bethlehem treatment plant.
A.
Fees required. It is the purpose of this section to
provide for the recovery of costs from users of the City's POTW for
the implementation of the industrial pretreatment program established
herein. The applicable charges or fees are set forth below:
(1)
Service charges and fees. The charges and fees include:
(a)
Fees for monitoring, inspections and surveillance
procedures completed by the City, the Lower Saucon Authority, or the
Lower Saucon Authority's or City's contract laboratory to be billed
at 1.15 times the actual cost.
[Amended 12-2-2009 by Ord. No. 2009-12]
(b)
Fees for IWD permit application: $250 or other
fee as may be established from time to time by the City of Bethlehem.
(c)
Fees for filing appeals: $200 or other fee as
may be established from time to time by the City of Bethlehem.
(2)
Program fee.
(a)
The City reserves the right to develop and institute
a program fee to recover operating costs associated with implementation
of the industrial pretreatment program which are separate from or
in lieu of those costs identified in Section 923.03(a) or 923.03(c)
of the City of Bethlehem Codified Ordinance Article 923. The program
fee will be charged to all users included in the industrial pretreatment
program and will be billed and updated at a frequency determined by
the City.
(b)
The above fees relate solely to the matters
covered by the City of Bethlehem Codified Ordinance Article 923 and
are separate from all other fees chargeable by the Lower Saucon Authority
or the City.
(3)
Industrial waste surcharge.
(a)
When approval is granted by the City to a user
to discharge industrial waste into the POTW, the user's sewer rental
will be based on the prevailing Lower Saucon Authority rate for normal
domestic sewage plus a City of Bethlehem quarterly surcharge based
on the relative strength of said industrial waste contribution and
calculated as follows:
Surcharge = 0.00834 x Flow x {((BOD5 — 300) x BOD5 Cost) +
((TSS — 350) x TSS Cost) + ((NH3-N-50)
x NH3-N — Cost)}
|
Where:
| |||
Surcharge
|
=
|
Surcharge calculated quarterly
| |
0.00834
|
=
|
Constant to convert industrial waste strength
from mg/l to thousand pounds
| |
Flow
|
=
|
Total quarterly discharge flow of the industrial
waste in million gallons
| |
BOD5
|
=
|
Biochemical oxygen demand (5-day) of the industrial
waste in mg/l
| |
300
|
=
|
Value expressing the BOD5 of normal domestic sewage in mg/l
| |
BOD5 Cost
|
=
|
Annual City treatment per thousand pounds of
BOD5
| |
TSS
|
=
|
Total suspended solids of the industrial waste
in mg/l
| |
350
|
=
|
Value expressing the TSS of normal domestic
sewage in mg/l
| |
TSS Cost
|
=
|
Annual City treatment cost per thousand pounds
of TSS
| |
NH5-N
|
=
|
Ammonia-nitrogen of the industrial waste in
mg/l
| |
50
|
=
|
Value expressing the NH3-N of normal domestic sewage in mg/l
| |
NH3-N Cost
|
=
|
Annual City treatment cost per thousand pounds
of NH3-N
|
(b)
The City reserves the right to substitute the
following formula for the surcharge in the event that BOD5 is not the normal measure of the strength of the industrial
waste:
Surcharge = 0.00834 x Flow x {((COD —
600) x COD Cost) + ((TSS — 350) x TSS Cost) + ((NH3-N-50) x NH3-N Cost)}
|
Where:
| |||
Surcharge
|
=
|
Surcharge calculated quarterly
| |
0.00834
|
=
|
Constant to convert industrial waste strength
from mg/l to thousand pounds
| |
Flow
|
=
|
Total quarterly discharge flow of the industrial
waste in million gallons
| |
COD
|
=
|
Chemical oxygen demand of the industrial waste
in mg/l
| |
600
|
=
|
Value expressing the COD of normal domestic
sewage in mg/l
| |
COD Cost
|
=
|
Annual City treatment cost per thousand pounds
of COD
| |
TSS
|
=
|
Total suspended solids of the industrial waste
in mg/l
| |
350
|
=
|
Value expressing the TSS of normal domestic
sewage in mg/l
| |
TSS Cost
|
=
|
Annual City treatment cost per thousand pounds
of TSS
| |
NH3-N
|
=
|
Ammonia-nitrogen of the industrial waste in
mg/l
| |
50
|
=
|
Value expressing the NH3-N of normal domestic sewage in mg/l
| |
NH3-N Cost
|
=
|
Annual City treatment cost per thousand pounds
of NH3-N
|
(c)
When actual industrial waste values of BOD5 and/or COD and/or TSS and/or NH3-N are less than the normal domestic sewage values, then the normal
domestic sewage values of 300, 600, 350 and/or 50 mg/l, respectively,
shall be used in the calculation of the surcharge in place of the
actual industrial waste values.
(d)
The annual City treatment costs per thousand
pounds of BOD5, COD, TSS and NH-3-N shall be determined at the beginning of each calendar
year, based upon the City sewer fund's actual operating costs from
the previous year.
(e)
In no instance shall the sewer rental for industrial
waste be less than the prevailing rate for normal sewage.
(f)
In order to ascertain the strength of an industrial
waste requiring a surcharge, the City shall cause appropriate analysis
(BOD5, COD, TSS and NH3-N) to be made quarterly, the average of which shall be used to establish
the surcharge for the ensuing quarter. A more extensive analysis may
be required under Section 923.04 of the City of Bethlehem Codified
Ordinance Article 923. All sampling and analysis shall be completed
in accordance with the provisions of City of Bethlehem Codified Ordinance
Article 923. All expenses for these analyses shall be borne by the
user.
(g)
The City reserves the right to recalculate and
adjust the surcharge of any user at any time during the year due to
the introduction of new wastewater constituents or any substantial
increase in the strength of the wastewater. A "substantial increase"
shall mean 15% or greater.
A.
Permit required.
(1)
It shall be unlawful for any significant and/or categorical
industrial user to discharge to the POTW tributary to the City's POTW
treatment plant without having first obtained a City Industrial Waste
Discharge Permit (IWDP), except as authorized by the Director of Water
and Sewer Resources in accordance with the provisions of the City
of Bethlehem Codified Ordinance Article 923, subject to state and
federal laws and regulations.
(2)
In addition to the IWDP, the industrial user shall
obtain such additional permits as required by the Lower Saucon Authority
and by applicable sections of the Codified Ordinances of the City
of Bethlehem.
(3)
When requested by the Industrial Pretreatment Coordinator,
any user must submit information on the nature and characteristics
of its wastewater within 30 days of the request unless additional
time is approved, in writing, by the Industrial Pretreatment Coordinator.
The Industrial Pretreatment Coordinator is authorized to prepare a
form for this purpose and may periodically require users to update
information.
(4)
Industrial waste discharge permits.
(a)
All significant and/or categorical industrial
users proposing to connect to or to contribute to the POTW shall obtain
an IWDP before connecting to or contributing to the POTW.
(b)
The Industrial Pretreatment Coordinator may
require other users to obtain an IWDP as necessary to carry out the
purposes of the City of Bethlehem Codified Ordinance Article 923.
(c)
Any violation of the terms and conditions of
an IWDP shall be deemed a violation of the City of Bethlehem Codified
Ordinance Article 923 and shall subject the user to the enforcement
under this article and under Section 923.05 of the City of Bethlehem
Codified Ordinance Article 923. Obtaining an IWDP does not relieve
a user 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.
(5)
Permit application. Users required to obtain an IWDP
shall complete and file with the City an application in the form prescribed
by the Industrial Pretreatment Coordinator, and accompanied by a fee
this article and as listed in Section 923.03(a) of the City of Bethlehem
Codified Ordinance Article 923. Existing users shall file a completed
application in accordance with Section 923.04(1) of the City of Bethlehem
Codified Ordinance Article 923. Proposed new users shall file a completed
application at least 90 days prior to connecting to or contributing
to the POTW or within 60 days of receipt of the application from the
City, whichever is sooner. In support of the application, the user
shall submit, in units and terms appropriate for evaluation, the following
information:
(a)
Name, address and location (if different from
the address).
(b)
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics,
including but not limited to those referenced in Section 923.02 of
the City of Bethlehem Codified Ordinance Article 923 or any pollutants
in the discharge which are limited by city, state or national pretreatment
standards as determined by a City-approved analytical laboratory.
Sampling and analysis shall be performed in accordance with procedures
established by the EPA pursuant to Section 304(g) of the Act and contained
in 40 CFR, Part 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and peak wastewater flow rates,
including variations, if any.
(f)
Plans to show all sewers, sewer connections
and appurtenances by the size, location and elevation.
(g)
Description of activities, facilities and plant
processes on the premises relating to all materials which are or could
be discharged.
(h)
A certification statement regarding whether
or not the national standards are being met on a consistent basis
and if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet applicable
national standards.
(i)
Copies of all material safety data sheets.
(j)
Products produced.
(k)
Raw material processed.
(l)
Normal hours of scheduled operation and operation
of pretreatment system.
(m)
List of all environmental permits held.
(n)
For all industrial users subject to categorical
standards, any other information required in a baseline monitoring
report as stated in 40 CFR 403.12(b).
(o)
Accidental discharge/slug control plan.
(p)
Any other information as may be deemed by the
City to be pertinent to evaluate the permit application.
(6)
All IWDP applications and user reports must be signed
by an authorized representative of the user. Incomplete or inaccurate
IWDP applications will not be processed and will be returned to the
user for revision. All site plans, floor plans, mechanical and plumbing
plans, all other types of construction plans, and process diagrams,
which are subject to the requirements of this article, shall be signed
by an authorized representative of the user that is familiar with
the information and its accuracy. It is recommended that the above
information be signed and sealed by a professional engineer, who is
licensed in the Commonwealth of Pennsylvania, to ensure compliance
with sound engineering and all applicable federal, state, and local
codes and statutes.
(7)
The Industrial Pretreatment Coordinator will evaluate
the data furnished by the user and may require additional information.
Within 60 days of receipt of a complete IWDP application, the City
will determine whether or not to issue and IWDP. The City may deny
any application for an IWDP, if the applicant or discharge does not
comply with the requirements of the City of Bethlehem Codified Ordinance
Article 923 or applicable federal and state laws and regulations.
In the event that at timely and complete IWDP renewal application
has been submitted and the IWDP can not be reissued, through no fault
of the user, before the expiration date, the terms and conditions
of the existing IWDP will be automatically continued and will remain
fully effective and enforceable pending the granting or denial of
the applicant for IWDP renewal.
(8)
Modification of IWDP.
(a)
The City may modify an IWDP for good cause,
including but not limited to the following reasons:
[1]
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
[2]
To address significant alterations or additions
to the user's operation, processes or wastewater volume or character
since the time of IWDP issuance;
[3]
To reflect a change in the POTW that requires
either a temporary or permanent reduction or elimination of the authorized
discharge;
[4]
Information indicating that the permitted discharge
poses a threat to the City's POTW, City personnel or the receiving
waters;
[5]
Violation of any terms and conditions of the
IWDP;
[6]
Misrepresentations or failure to fully disclose
all relevant facts in the IWDP application or in any required reporting;
[7]
Revision of or a grant variance from categorical
standards pursuant to 40 CFR 403.13;
[8]
To correct typographical or other errors in
the IWDP; or
[9]
To reflect a transfer of the facility ownership
or operation to a new owner or operator.
(b)
The user shall be informed of any proposed changes
in the IWDP at least 30 days prior to the effective date to change.
Any changes or new conditions in the IWDP shall include a reasonable
time schedule for compliance.
B.
Permit conditions. IWDPs shall be expressly subject
to all provisions of the City of Bethlehem Codified Ordinance Article
923 and all other applicable regulations. User charges and fees established
by the City IWDPs may contain the following:
(1)
The unit charge or schedule of the City of Bethlehem
IWDP portion of the user charges and fees for the wastewater to be
discharged to the POTW.
(2)
Limits on the wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or
discharge reports. All baseline monitoring reports, ninety-day compliance
reports and periodic compliance report must be certified by a qualified
professional and must be signed by an authorized representative of
the user and must contain the certification statement in 40 CFR 403.6(a)(2)(ii).
The periodic compliance reports will be required a minimum of twice
a year, indicating the nature and concentration of pollutants in the
discharge as well as a record of flows.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the City, and affording
City access thereto. As required by 40 CFR 403.12(o), users must keep
records for a minimum of three years or longer in case of unresolved
litigation or when requested by the approval authority. The user shall
make such records available for inspection and copying.
(9)
Requirements for prior notification of the City of
any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system, including the listed
or characteristic hazardous wastes for which the user has submitted
initial notification under 40 CFR 403.12(p). "Substantial" shall mean
15% plus or minus.
(10)
Requirements for notification of accidental
discharges/slug loads as per Section 923.02(h) of the City of Bethlehem
Codified Ordinance Article 923.
(11)
Requirements that if sampling by a user indicates
a violation, the user must notify the City within 24 hours of becoming
aware of the violation. The user must also resample and submit results
of this resampling to the City within 30 days.
(12)
Statements regarding permit duration or transfer
as per Sections 923.04(h) and (i) of the City of Bethlehem Codified
Ordinance Article 923.
(13)
Statements associated with enforcement in accordance
with Section 923.05 of the City of Bethlehem Codified Ordinance Article
923.
(14)
Requirements the installation of pretreatment
technology, pollution control or construction or appropriate containment
devices, designed to reduce, eliminate or prevent the introduction
of pollutants into the POTW.
(15)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW.
(17)
Requirements associated with BMPs at the sole discretion of the Industrial
Pretreatment Coordinator.
[Added 12-2-2009 by Ord. No. 2009-12]
(18)
Other pertinent conditions required by the City
to ensure compliance with the City of Bethlehem Codified Ordinance
Article 923.
C.
Permits duration. IWDPs shall be issued for a specified
time period, not to exceed five years. An IWDP may be issued for a
minimum period of a year, and shall be stated to expire on a specific
date.
D.
Permit transfer. IWDPs are issued to a specific user
of a specific operation. An IWDP shall not be reassigned or transferred
or sold to a new owner, new user, different premises or a new or changes
operation without the approval of the City. Any succeeding owner or
user shall also comply with the terms and conditions of the existing
IWDP.
E.
Permit comments. The user may petition the Industrial
Pretreatment Coordinator to reconsider the terms of an IWDP within
30 days of receipt of the IWDP. This petition must be made in writing
and shall indicate the IWDP provisions objected to, the reasons for
this objection, and the alternative condition, if any, it seeks to
place in the IWDP. The Industrial Pretreatment Coordinator will review
the comments and make the final decision on the matter. If the user
objects to the industrial pretreatment coordinator's final decision,
the user may appeal the matter in accordance with Section 923.05(m)
of the City of Bethlehem Codified Ordinance Article 923. Failure to
submit written comments within 30 days shall indicate acceptance of
the IWDP.
F.
Permit revocation.
(1)
The City may, in accordance with the City of Bethlehem
Codified Ordinance Article 923, revoke an IWDP for good cause, including,
but not limited to, the following reasons:
(a)
Failure to notify the Industrial Pretreatment
Coordinator of significant changes to the wastewater prior to the
changed discharge;
(b)
Misrepresentation of failure to fully disclose
all relevant facts in the IWDP application;
(c)
Falsifying self-monitoring reports;
(d)
Tampering with monitoring equipment;
(e)
Refusing to allow the Industrial Pretreatment
Coordinator timely access to the facility premises and records;
(f)
Failure to meet effluent limitations;
(g)
Failure to pay fines;
(h)
Failure to pay sewer charges, fees, or costs
as required by this article;
(i)
Failure to meet compliance schedules;
(j)
Failure to complete a wastewater survey or the
IWDP application;
(k)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
(l)
Violation of any pretreatment standard or requirement,
or any terms of the IWDP or the City of Bethlehem Codified Ordinance
Article 923.
(2)
IWDPS shall be voidable upon cessation of operations
for a period exceeding six months or transfer of business ownership,
unless approved by the City. All IWDPS issues to a particular user
are void upon the issuance of a new or modified IWDP to that user.
G.
Permit reissuance. A user with an expiring IWDP shall
apply for IWDP reissuance by submitting a complete IWDP application,
in accordance with Section 923.04(d) of the City of Bethlehem Codified
Ordinance Article 923, a minimum of 120 days prior to the expiration
of the user's existing IWDP or within 60 days of receipt of the application
from the City, whichever is sooner. It is the responsibility of the
user to request an IWDP application form no less than the 150 days
prior to the expiration of the existing IWDP.
H.
Reporting requirements.
(1)
Baseline monitoring reports.
(a)
Within 180 days after either the effective date of a categorical standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW, subject to the new or revised categorical standard, shall submit to the Industrial Pretreatment Coordinator a report which contains the information listed in Subsection H(1)(c) below.
(b)
At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Industrial Pretreatment Coordinator a report which contains the information listed in Subsection H(1)(c) below. A new source shall report the method of pretreatment it intends to use to meet applicable standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(c)
Industrial 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 by such industrial user.
This description shall include a schematic process diagram which indicated
points of discharge to the POTW from the regulated processes.
[4]
Flow measurement. Accurate information from
properly designed, installed and maintained flow metering devices
showing the measures average 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 waste stream formula set
out in 40 CFR 403.6(e).
[5]
Measurement of pollutants. The results of sampling
and analysis identifying the nature and concentration, and/or mass,
where required by the standard or by the Industrial Pretreatment Coordinator,
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 operation and shall be collected analyzed in accordance with
40 CFR, Part 136, as amended.
[6]
Best management practices. Information identified by the Industrial
Pretreatment Coordinator or the applicable pretreatment standard regarding
compliance with any applicable BMPs.
[Added 12-2-2009 by Ord. No. 2009-12[2]]
[2]
Editor’s Note: This ordinance also redesignated former
Subsection H(1)(c)[6] through [8] as Subsection H(1)(c)[7] through
[9], respectively.
[7]
Certification. A statement, reviewed by the
industrial user's authorized representative and certified 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.
[8]
Compliance schedule. If additional pretreatment
and/or O&M will be required to meet the pretreatment standards,
the shortest schedule by which the industrial user will provide such
additional pretreatment and/or O&M. The completion date is 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 Section 923.04(m)(2)
of the City of Bethlehem Codified Ordinance Article 923.
[9]
Signature. All baseline monitoring reports must
be signed by the industrial user's authorized representative.
(2)
Compliance schedule progress reports. The following
conditions shall apply to the compliance schedule required by Section
923.04(m)(1)(c) of the City of Bethlehem Codified Ordinance Article
923:
(a)
The compliance 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 industrial user to meet
the applicable pretreatment standards (such events include, but are
not limited to, hiring an engineer, completing preliminary plans 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
nine months;
(c)
The industrial user shall submit a progress
report to the Industrial Pretreatment Coordinator no later than 14
days following each date in the compliance schedule and the final
date of compliance including, at a minimum, whether or not it complied
with the increment of process, including the overall completion date,
the reason for any delay, and, if appropriate, the steps being taken
by the industrial user to return to the established schedule; and
(d)
In no event shall more than nine months elapse
between such progress reports to the Industrial Pretreatment Coordinator.
(3)
Reports on compliance with pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable
categorical standards, or in the case of a new source following commencement
of the introduction of wastewater into the POTW, any industrial user
subject to pretreatment standards and requirements shall submit to
the Industrial Pretreatment Coordinator a report on the status of
compliance. This report must contain all the information described
in Section 923.04(m)(1)(c) of the City of Bethlehem Codified Ordinance
Article 923. For industrial 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 industrial user's
long-term production rate. For all other industrial users subject
to pretreatment standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation),
this report shall include the industrial user's actual production
during the appropriate sampling period. All compliance reports must
be signed by the industrial users' authorized representative.
[Amended 12-2-2009 by Ord. No. 2009-12]
(4)
Periodic compliance reports for all permitted users.
(a)
All permitted users shall, at a frequency determined
by the Industrial Pretreatment Coordinator but in no case less than
semiannually, submit a report indicating the nature and concentration
of pollutants in the discharge which are limited by pretreatment standards
and/or contained in a valid IWDP and the measured or estimated average
and maximum daily wastewater flows for the reporting period. Information
identified by the Industrial Pretreatment Coordinator or the applicable
pretreatment standard regarding compliance with any applicable BMP
shall also be included with the report. All periodic compliance reports
must be signed by the user's authorized representative.
[Amended 12-2-2009 by Ord. No. 2009-12]
(b)
As part of these reports, the user may be required
to provide manifests, certifications or any other information deemed
necessary by the Industrial Pretreatment Coordinator to ensure compliance
with the City of Bethlehem Codified Ordinance Article 923.
(c)
All wastewater samples must be representative
of the user's discharge.
(d)
If a user subject to the reporting requirement
in this section monitors any pollutant more frequently than required
by the Industrial Pretreatment Coordinator, using EPA approved procedures,
the results of this monitoring shall be included in the report.
(5)
Reports of changed conditions. Each user must notify
the Industrial Pretreatment Coordinator of any significant changes
to the user's operations or system which might alter the nature, quality
or volume of its wastewater at least 90 days before the change occurs.
(a)
The Industrial Pretreatment Coordinator may
require the user to submit such information as may be deemed necessary
to evaluate the changed condition, including the submission of an
IWDP application.
(b)
The Industrial Pretreatment Coordinator may
issue a new or modified IWDP in response to changed conditions or
anticipated changed conditions.
(c)
For purposes of this requirement, significant
changes include but are not limited to average flow increases of 15%
or greater, and the discharge of any previously unreported pollutants
at levels that may cause pass-through or interference or otherwise
violate the provision of the City of Bethlehem Codified Ordinance
Article 923.
(6)
Reports of potential problems. In the case of any
discharge, including but not limited to accidental discharges, discharges
that violate the prohibitions of Section 923.02 of the City of Bethlehem
Codified Ordinance Article 923, or any discharge that could cause
potential problems for the POTW, the user upon discovery shall follow
the reporting procedures identified in Section 923.02(h) of the City
of Bethlehem Codified Ordinance Article 923.
(7)
Reports from unpermitted users. All users not required
to obtain an IWDP may be required to provide appropriate reports,
certifications, laboratory analyses, manifests or any other information
to the Industrial Pretreatment Coordinator as the Industrial Pretreatment
Coordinator shall require to ensure compliance with the requirements
of the City of Bethlehem Codified Ordinance Article 923.
(8)
Notice of violation/repeat sampling and reporting.
(a)
If sampling performed by the user indicates
a violation, the user must notify the Industrial Pretreatment Coordinator
within 24 hours of becoming aware of the violation. The user shall
repeat the sampling within 96 hours and shall submit the analytical
results to the Industrial Pretreatment Coordinator within 30 days
of becoming aware of the violation.
(b)
Where the user believes the first reported result(s)
indicating a violation(s) maybe in error, the user may submit additional
data to support its position with the repeat sampling results.
(c)
Where the user believes its facility continues
in violation of its IWDP after repeat sampling, the user shall again
repeat the sampling within 96 hours and shall submit the analytical
results to the Industrial Pretreatment Coordinator within 30 days
of becoming aware of the violation. The user shall also notify the
Industrial Pretreatment Coordinator to determine if a schedule for
additional monitoring is required.
(d)
The user may not be required to resample if
the Industrial Pretreatment Coordinator notifies the user that the
City will initiate monitoring at the user's facility.
I.
Sample collection. Wastewater samples collected to
comply with any provision of the City of Bethlehem Codified Ordinance
Article 923 shall meet the following requirements:
(1)
Samples should be collected using twenty-four-hour
flow proportional composite collection techniques. In the event that
flow proportional sampling is infeasible or not warranted in the opinion
of the Industrial Pretreatment Coordinator, the Industrial Pretreatment
Coordinator may authorize the use of time proportional sampling, a
minimum of four grab samples where the user demonstrates that this
will provide a representative sample of the effluent being discharged,
or a frequency of grab samples acceptable to the Industrial Pretreatment
Coordinator. The Industrial Pretreatment Coordinator may allow grab
samples to be composited prior to analysis.
[Amended 12-2-2009 by Ord. No. 2009-12]
(2)
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides and volatile organic compounds must be obtained
using standard grab collection techniques.
(3)
Sampling techniques prescribed in 40 CFR Part 136,
as amended, shall be followed.
(4)
The Industrial Pretreatment Coordinator shall be notified
a minimum of 48 hours prior to the collection of a sample(s) by a
user and may observe the collection of any sample.
(5)
If a user does not follow proper sample collection
protocols and/or techniques, all samples collected inappropriately
shall be discarded and recollected at the sole expense of the user.
(6)
Sampling facilities shall be properly operated, kept
clean and maintained in good working order at all times. The failure
of a user to keep its sampling location or facility in good working
order shall not be grounds for the user to claim the sample results
are unrepresentative of its discharge.
(7)
All sampling locations utilized to meet the discharge
monitoring provisions of the City of Bethlehem Codified Ordinance
Article 923 shall be approved by the Industrial Pretreatment Coordinator.
J.
Analytical requirements. Wastewater pollutant analyses
completed to comply with any provision of the City of Bethlehem Codified
Ordinance Article 923 shall meet the following requirements:
(1)
All pollutant analyses shall be performed in accordance
with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical standard. If 40 CFR Part 136
does not contain analytical techniques for the pollutant in question,
analyses must be performed in accordance with procedures approved
by the Administrator.
(2)
The user shall provide the Industrial Pretreatment
Coordinator with the name, address and telephone number of any contract
laboratory intended to be utilized for pollutant analyses at least
48 hours prior to the collection of any samples. The Industrial Pretreatment
Coordinator may recommend the use of an alternate contract laboratory.
(3)
Copies of laboratory analysis results shall be forwarded
to the user and the Industrial Pretreatment Coordinator simultaneously.
(4)
Laboratory analysis results obtained by a user following
improper protocols or deemed technically deficient by the Industrial
Pretreatment Coordinator shall be discarded and samples shall be reanalyzed
at the sole expense of the user.
K.
Flow measurement. All wastewater flow monitoring data
obtained to comply with any provision of the City of Bethlehem Codified
Ordinance Article 923 shall meet the following requirements:
(1)
All new, required flow measuring devices shall be
approved by the Industrial Pretreatment Coordinator prior to installation.
The flow measuring device(s) shall be properly designed, compatible
with the process involved and accurate. The flow measuring device(s)
shall be calibrated at least semiannually.
(2)
If a discrepancy in reported flow data is identified,
the Industrial Pretreatment Coordinator may require that existing
flow measuring devices be serviced by a certified technician or replaced
at the expense of the user.
(3)
Flow monitoring facilities shall be properly operated,
kept clean and maintained in good working order at all times. The
failure of a user to keep its flow monitoring facility in good working
order shall not be grounds for the user to claim that the measurements
are unrepresentative of its volume of flow to the POTW.
(4)
If a user does not properly calibrate or maintain
its flow monitoring equipment of if flow measurements are deemed inaccurate
by the Industrial Pretreatment Coordinator, the Industrial Pretreatment
Coordinator shall utilize the user's metered water records to determine
the volume of wastewater flow to the POTW. In this case, all claims
of product uptake, evaporation or other water losses shall be precluded.
(5)
If a user does not have a flow measurement device,
the Industrial Pretreatment Coordinator may:
(a)
Require installation of flow monitoring facilities
in accordance with the provisions of the City of Bethlehem Codified
Ordinance Article 923; or
(b)
Rely on the user's metered water usage records
to determine the volume of wastewater flow to the POTW. In this case,
metered water losses may be considered by the Industrial Pretreatment
Coordinator. Unmetered claims of product uptake, evaporation, or other
losses shall be precluded unless appropriate documentation can be
provided by the user.
L.
Monitoring facilities.
(1)
The City shall require to be provided and operated,
at the user's own expense, sampling manholes or any other device or
facility suitable and appropriate to enable inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems.
Such manhole device or facility should normally be situated on the
user's premises in the user's possession; but the City may, when a
location would be impractical or cause undue hardship on the user,
allow the facility to be constructed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping
or parked vehicles.
(2)
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
sample for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
M.
Inspection and sampling.
(1)
The City shall inspect, at a minimum annually, the
facilities of any user to ascertain whether the purpose of the City
of Bethlehem Codified Ordinance Article 923 is being met and all requirements
are being complied with. Persons or occupants of premises connected
to the sewage collection system shall allow the City or its representative
ready access at all reasonable times to all parts of the premises
for the purpose of inspection, sampling or in the performance of any
duties. The user's records of monitoring activities and results shall
be available for inspection and copying. The City shall have the right
to set up on the user's property such devices as are necessary to
conduct sampling inspection, compliance monitoring and/or metering
operations without notification to the user.
[Amended 12-2-2009 by Ord. No. 2009-12]
(2)
Where a user has security measures in force which
would require proper identification and clearance before entry into
their premises, the user shall make necessary arrangements with their
security guards so that upon presentation of suitable identification,
personnel from the City will be permitted to enter, and to perform
their specific responsibilities within 10 minutes of their initial
time to arrival. Delaying City personnel for more than 10 minutes
for any reason or to complete process changes or to alter wastewater
constituency prior to sample collection shall be a violation of the
City of Bethlehem Codified Ordinance Section 923 and shall subject
the user to the sanctions set forth in the City of Bethlehem Codified
Ordinance Section 923.
(3)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written request of the Industrial
Pretreatment Coordinator and shall not be replaced without approval
of the Industrial Pretreatment Coordinator. The costs of clearing
such access shall be borne by the user.
N.
Search warrants. If the Industrial Pretreatment Coordinator
has been refused any records or access to a building, structure or
property, or any part thereof, or if the Industrial Pretreatment Coordinator
believes that there is a need to inspection and/or sample as part
of a routine or specific inspection and sampling program of the City,
designed to verify compliance with the City of Bethlehem Codified
Ordinance Article 923 or any permit or order issued hereunder, or
to protect the overall public health, safety and welfare of the community,
then the Director of Water and Sewer Resources may seek issuance of
a search warrant from the appropriate judicial authority.
O.
Pretreatment.
(1)
Users shall provide necessary wastewater treatment
as necessary to comply with the City of Bethlehem Codified Ordinance
Section 923 and shall achieve compliance with all applicable pretreatment
standards, local limits and the prohibitions set out in Section 923.02
of the City of Bethlehem Codified Ordinance Section 923 within the
time limitations specified by the agency issuing the standards. 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 Industrial Pretreatment
Coordinator for review, and shall be acceptable to the Industrial
Pretreatment Coordinator before such facilities are constructed. The
City's review of such plans and operating procedures shall in no way
relieve the user from the responsibility of additional or future modifications
of such facilities as necessary to produce a discharge acceptable
to the City under the provisions of the City of Bethlehem Codified
Ordinance Section 923.
(2)
Whenever deemed necessary, the Industrial Pretreatment
Coordinator may require users to restrict their discharge peak flow
periods, designate that certain wastewater be discharged only at specific
points of the POTW, relocate and/or consolidate points of discharge,
separate domestic sewage waste streams from industrial waste streams,
and/or such other conditions as may be necessary to protect the POTW
and determine the user's compliance with the requirements of the City
of Bethlehem Codified Ordinance Section 923.
(3)
The Industrial Pretreatment Coordinator 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. An IWDP may be issued solely
for flow equalization.
(4)
Grease, oil and sand interceptors shall be provided
when 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 sources. All interception units
shall be of type and capacity approved by the Industrial Pretreatment
Coordinator 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 their expense.
P.
Publication of users in significant noncompliance.
The City shall annually publish, in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the POTW, all users which at any time during the previous twelve
months were in significant noncompliance with applicable pretreatment
standards or requirements. For the purpose of this provision, a user
is in significant noncompliance if its violation meets one or more
of the following criteria:
(1)
Chronic
violations of wastewater discharge limits, defined here as those in
which 66% or more of all of the 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);
(2)
Technical
review criteria (TRC) violations, defined here as those in which 33%
or more of all of the measurements for each pollutant parameter taken
during a six-month period equal or exceed the product of a numeric
pretreatment standard or requirement, including instantaneous limits,
as defined by 40 CFR 403.3 (1) multiplied by the applicable TRC (TRC
= 1.4 for BOD5, CBOD5, TSS, fats, oil, and
grease, and 1.2 for all other pollutants except pH.);
(3)
Any
other violation of a pretreatment effluent limit (daily maximum or
longer-term average) that the City determines has caused, alone or
in combination with other discharges, interference or pass-through
(including endangering the health of POTW personnel or the general
public);
(4)
Any
discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the
POTW's exercise of its emergency authority under 40 CFR 403.8(f) (1)
(vi) (B) to halt or prevent such a discharge;
(5)
Failure
to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a local control mechanism or enforcement order
for starting construction, completing construction, or attaining final
compliance;
(6)
Failure
to provide, within 45 days after the schedule date, required reports
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(7)
Failure
to accurately report noncompliance;
(8)
Any
other violation or group of violations which may include violations
of BMPs that the City determines will adversely affect the operation
or implementation of the City’s pretreatment program.
Q.
Confidential information.
(1)
Information and data on a user obtained from reports,
questionnaires, permit applications, permit and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction, unless the user specifically requests
and is able to demonstrate to the satisfaction of the City that the
release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets or other
confidential business information of the user.
(2)
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available upon written request to governmental agencies
for uses related to this article, the National Pollutant Discharge
Elimination System (NPDES) permit, the state disposal system permit
and/or the pretreatment programs; provided, however, that such portions
of a report shall be available for use by the EPA or the state in
judicial review or enforcement proceedings involving the person furnishing
the report. Effluent data as defined in 40 CFR 2.302(a)(2) will not
be recognized as confidential information.
R.
Record retention.
(1)
User shall maintain records of all information resulting
from any discharge monitoring activities completed by the user. At
a minimum, such records must include:
(2)
Users shall retain and preserve for no less than three
years, any records, reports chemical analyses, etc., made by or on
behalf of the user in connection with its discharge, records associated
with implementation of BMPs, and any other records required by the
City related to the MIPP. In addition, any records that pertain to
matters that are subject to special orders or any other enforcement
or litigation activities brought by the City shall be retained and
preserved by the user until all enforcement activities have concluded
and all periods of limitation with respect to any and all appeals
have expired. The user shall, upon request and within the time frame
specified by the Industrial Pretreatment Coordinator, furnish to the
City copies of any records required to be kept by the City of Bethlehem
Codified Ordinance Section 923.
[Amended 12-2-2009 by Ord. No. 2009-12]
A.
Holding tank waste. The City may accept discharged,
trucked, or hauled waste exclusively from holding tanks for treatment.
The decision for approval shall be based on, but not limited to, the
source, characteristics, and volume of waste to be discharged. In
no instance shall holding tank waste be discharged to the POTW without
prior approval by the Superintendent. All holding tank waste discharges
shall be regulated through the City's industrial pretreatment program.
B.
Septage. The City may accept for treatment, trucked
and hauled septage which originated from chemical toilets, campers,
trailers or residential, commercial or industrial septic tanks/cesspools
containing domestic sewage only. The decision for approval shall be
based on, but not limited to, the characteristics of the septage in
conjunction with the volume of septage to be discharged. In no instance
shall septage be discharged to the POTW without prior approval by
the Superintendent. All septage discharges shall be regulated in accordance
with the City's industrial pretreatment program and/or septage management
plan.
C.
Discharge points. The City shall designate the authorized
discharge point(s) for holding tank waste and septage. All such discharges
must be made at the designated point(s).
D.
Application for discharge. The City may require that
some or all of the information listed in Section 923.05(d) of the
City of Bethlehem Codified Ordinance Article 923 be submitted to the
Industrial Pretreatment Coordinator for review as part of the decision
making process for approval to discharge holding tank waste or septage.
E.
Approval to discharge. The City may issue a letter
of approval for limited frequency discharges or may require that a
permit be obtained for the proposed discharge. Permits will be obtained
in accordance with Section 923.04 of the City of Bethlehem Codified
Ordinance Article 923 and/or the City's septage management plan.
F.
Enforcement. Users will adhere to and obey all terms
and conditions stated in their individual approval letters or permits
and the requirements of the City of Bethlehem Codified Ordinance Article
923. Any violation of the terms and conditions of individual approval
letters or permits or the requirements of the City of Bethlehem Codified
Ordinance Article 923 shall subject the user to the sanctions set
out in the City of Bethlehem Codified Ordinance Article 923. Obtaining
an approval to discharge holding tank waste or septage from the City
does not relieve a user of their obligation to comply with any other
requirements of federal, state and local law.
G.
Fees. A fee based on the City's current fee schedule
will be levied on all holding tank waste or septage discharged to
the City's POTW. Holding tank waste and septage may also be subject
to surcharge fees as described in Section 923.03 of the City of Bethlehem
Codified Ordinance Article 923. This fee shall be charged by the City
and is subject to amendment from time to time by the City of Bethlehem.
[Amended 12-2-2009 by Ord. No. 2009-12]
A.
Suspension. The City may suspend the wastewater treatment
service to any user and/or an IWDP without prior notice when such
suspension is necessary in order to stop an actual or threatened discharge
which presents or may present an imminent and substantial endangerment
to the health or welfare of persons, to the environment, causes interference
to the POTW or causes the City to violate any condition of its NPDES
permit. In the event of a failure of the person to comply voluntarily
with the suspension order, the City shall take steps as deemed necessary,
including immediate termination of water service and/or immediate
severance of the sewer connection, to prevent or minimize damage to
the POTW system or endangerment to any individuals. The service and/or
IWDP shall be restored within five working days after, in the opinion
of the City, the actual or threatened cause for the suspension has
been removed. The above actions shall be taken only as ordered by
the Director of Water and Sewer Resources.
B.
Notice of suspension.
(1)
In the event that the City decides it is necessary
to suspend its wastewater treatment service for reasons other than
as described above, the user shall be given a fifteen-day notice of
such suspension. Any person notified of a suspension of the wastewater
treatment service and/or IWDP shall stop or eliminate the contribution
as required in the suspension notice. Between the time of the notice
of suspension of services and the date services are terminated, the
user shall have the right to have a show cause hearing with the Hearing
Board regarding the cause of the suspension.
(2)
The City shall reinstate the IWDP and/or wastewater
treatment service within five working days upon proof of the elimination
of the noncomplying discharge or in compliance with instructions of
the Hearing Board. A detailed written statement submitted by the user
describing the causes of the harmful contributions and the measures
taken to prevent any future occurrence shall be submitted to the City
within five days of the date of occurrence. In the event of failure
of the user to comply with the suspension notice, the City may take
such steps as deemed necessary to terminate the service.
C.
Revocation of permit. Any user who violates the conditions
of the City of Bethlehem Codified Ordinance Article 923, or applicable
state and federal regulations, is subject to having the user's permit
revoked as described in Section 923.04(k) of the City of Bethlehem
Codified Ordinance Section 923.
D.
Notification of violation. Whenever the City finds
that any user has violated or is violating the City of Bethlehem Codified
Ordinance Section 923, an industrial waste discharge permit, or any
prohibition, or limitation or requirements contained herein, the City
may serve upon such person a written notice of violation stating the
nature of the violation. Within 30 days of the date of the notice,
a plan for the satisfactory correction thereof shall be submitted
to the City by the user.
E.
Hearing Board.
(1)
A Hearing Board shall be appointed by the Mayor of
the City of Bethlehem as needed for the purpose of hearing and deciding
appeals between the City and users on matters concerning interpretation
and execution of the provisions of the City of Bethlehem Codified
Ordinance Section 923. Cost of appeals shall be borne by the user
requesting an appeal.
(2)
The Chairperson of the Board shall be a member of
City Council's Public Works Committee, one member shall be a professional
engineer skilled in practice of sanitary engineering; one member shall
be a representative of industry or manufacturing enterprise; one member
shall be representative of a local environmental organization; and
one member shall be selected at large for that member's interest in
accomplishing the objectives of the City of Bethlehem Codified Ordinance
Section 923.
(3)
Terms on the Board shall be for a period of five years.
The Mayor shall appoint representatives to fill vacancies on the Board
to complete unexpired terms. Interim appointments may be permitted
to serve an additional full term on the Board. Hearing Boards may
be appointed as standing panels, or on a case-by-case basis, as determined
from time to time, in the sole discretion of the Mayor.
F.
Show cause hearing.
(1)
The City may order any user who causes or allows an
unauthorized discharge to enter the POTW to show cause before the
Hearing Board why the proposed enforcement action should not be taken.
A notice shall be served on the user specifying the time and place
of a hearing to be held by the Hearing Board regarding the violation,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause before the Hearing Board
why the proposed enforcement action should not be taken. The notice
of the hearing shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days before the hearing.
Service may be any agent or officer of a corporation.
(2)
The Hearing Board may itself conduct the hearing and
take the evidence, or may designate any one or more of its members,
or any officer of employee of the assigned department to:
(a)
Issue in the name of the Hearing Board notices
of hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(b)
Receive evidence.
(c)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Hearing Board for action thereon.
(3)
At any hearing pursuant to this section, testimony
taken must be under oath and recorded stenographically. The transcript,
so recorded, will be made available to any member of the public or
any party to the hearing upon payment of the usual charges thereof.
(4)
After the Hearing Board has reviewed the evidence,
it may issue an order to the user responsible for the discharge directing
that, following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further and/or
other orders and directives as are necessary and appropriate may be
issued.
G.
Consent orders. The City 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.
H.
Compliance orders. When the Industrial Pretreatment
Coordinator finds that a user has violated, or continues to violate,
any provision of the City of Bethlehem Codified Ordinance Section
923, an IWDP or order issued hereunder, or any other pretreatment
standard or requirement, the City 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, wastewater 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 that amount of pollutants
discharged to the POTW. A compliance schedule contained in any compliance
order shall not be construed as an extension of the deadline for compliance
established for any pretreatment standard or requirement, nor does
a compliance order relieve the user of liability for any violation,
including any continuing violation.
I.
Cease-and-desist orders. When the Industrial Pretreatment
Coordinator finds that a user has violated, or continues to violate,
any provision of the City of Bethlehem Codified Ordinance Section
923, an IWDP or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are likely
to recur, the City may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
(1)
Immediately comply with all requirements; and
(2)
Take such appropriate remedial or preventive action
as may be needed to properly address a continuing or threatened violation,
including halting operations, terminating the discharge or hauling
non-complaint discharges off site for proper disposal.
J.
Administrative fines.
(1)
When the Industrial Pretreatment Coordinator finds
that a user has violated, or continues to violate, any provision of
the City of Bethlehem Codified Ordinance Section 923, an IWDP or order
issued hereunder, or any other pretreatment standard or requirement,
the City may fine such user in an amount not to exceed the amount
set forth in the Section 923.99 of the City of Bethlehem Codified
Ordinance Section 923 for each violation regardless of jurisdictional
boundaries. Such fines shall be assessed in accordance with the terms
set forth in the City of Bethlehem Codified Ordinance Section 923
and/or the City's enforcement response plan. In the case of weekly,
monthly or other long-term average discharge limits, fines shall be
assessed for each day during the period of violation.
(2)
A lien against the user's property will be sought
and other enforcement collection action may be taken for unpaid fines.
(3)
Users desiring to dispute such fines shall file a
written request for the City to reconsider the fine along with the
full payment of the fine amount within 30 days of being notified of
the fine. The Hearing Board may convene to deliberate on the matter.
In the event the appeal is successful, the payment, together with
any interest accruing thereto, shall be returned to the user. The
City may add the costs of preparing administrative enforcement actions,
such as notices and orders to the fine when the fine and/or portion
of same, is substantiated.
(4)
Issuance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any other action against
the user.
K.
Legal action. The City shall be able to seek injunctive
relief for noncompliance by users with pretreatment standards or requirements.
Injunctive relief is available for violations of any requirement stated
in the City of Bethlehem Codified Ordinance Section 923 or industrial
waste discharge permits, including but not limited to wastewater discharge
violations, failure to allow access by the City to a user's facility,
failure to submit reports by a specified deadline or any violation
of any order of the City. The City Solicitor may commence an action
for appropriate legal and/or equitable relief in the local Court of
Common Pleas.
L.
Remedies nonexclusive. The remedies provided for in
the City of Bethlehem Codified Ordinance Section 923 are not exclusive.
The City may take any, all, or any combination of these actions against
a noncompliant user. Enforcement of industrial pretreatment program
violations will be in accordance with the City of Bethlehem Codified
Ordinance Section 923 and/or the City's enforcement response plan.
However, the City may take other action against any user when the
circumstances warrant. Further, the City is empowered to take more
than one enforcement action against a noncompliant user. Where the
enforcement response plan does not provide guidelines on enforcement
action for a specific instance of noncompliance, the City may impose
other appropriate enforcement action to address the noncompliance.
M.
Appeals. A user may appeal the terms of an IWDP, administrative
fine or any administrative action within 30 days of notice of its
issuance. The written appeal request shall provide the name, address
and telephone number of the appellant as well as the date that the
City took the action which is the subject matter of the appeal. In
its petition, the appealing party shall also indicate the provisions
objected to, the reasons for this objection, and the alternative condition,
if any.
(1)
Failure to submit a timely appeal for review shall
be deemed to be a waiver of the administrative appeal.
(2)
The conditions of the current IWDP shall remain in
effect pending the appeal of the new IWDP.
(3)
The City shall respond with its position within 60
days of filing of an appeal.
(4)
The user must file its appeal with the Hearing Board,
described in Section 923.05(e) of the City of Bethlehem Codified Ordinance
Section 923, to conduct a hearing and decide an appeal on the matter.
(5)
Aggrieved parties seeking judicial review of the final
administrative decision must do so by filing a complaint with the
local Court of Common Pleas within 30 days of the decision of the
Hearing Board.
N.
Conference option. At the time an appeal is requested,
the user may also request a conference with the City prior to the
scheduling of a Hearing Board hearing. Said conference will include
appropriate members of the City staff and its agents. Violations and
penalties will be explained and discussed. Electing this option does
not foreclose and/or affect the user's right to a hearing provided
that the written request for the hearing was filed within 30 days
of service as noted above. The purpose of this option is to provide
the user with an informal forum within which to discuss the alleged
violations and expedite conclusion and/or resolution of outstanding
enforcement actions. If resolution is not reached within 90 days of
the scheduled conference, the City shall schedule the matter for the
Hearing Board. In any event, either party may request a Hearing Board
at any point during the conference proceedings.
All ordinances and parts of ordinances inconsistent
herewith be, and the same are, repealed.
If any court of competent jurisdiction declares
any provision of this article to be unconstitutional or invalid, that
decision shall only affect the provision so declared. The declaration
shall not affect any other portion of this article as a whole.
A.
Criminal penalties. A user who willfully or negligently
violates any provision of this article, the City of Bethlehem Codified
Ordinance Section 923, an IWDP or order issued hereunder, or who willfully
or negligently introduces any substance into the POTW which causes
personal injury, property damage, pass through, interference or any
user who knowingly makes any false statements, representations or
certificates in any application, record, report, plan or other document
filed or required to be maintained pursuant to this article, the City
of Bethlehem Codified Ordinance Section 923, an IWDP or order issued
under the City of Bethlehem Codified Ordinance Section 923 or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under the City of Bethlehem Codified Ordinance
Section 923, 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.
B.
Civil penalties.
(1)
In accordance with PA Act 9,[1] any user who has violated, or continues to violate, any
provision of this article, the City of Bethlehem Codified Ordinance
Section 923, an IWDP, or order issued hereunder, or any other pretreatment
standards or requirement shall be liable to the Lower Saucon Authority
and, separately, to the City for a maximum civil penalty of $25,000
per violation, per day.
[1]
Editor's Note: See 35 P.S. § 752.1
et seq.
(2)
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.
All penalties shall be assessed in accordance with this article, the
City of Bethlehem Codified Ordinance Section 923, and the City's enforcement
response plan.
(3)
Filing a suit for civil penalties shall be a bar against,
or prerequisite for, taking any other action against a user.
(4)
In the event any user violation(s) results in the
imposition of a fine or other penalty on the Lower Saucon Authority
and/or the City by EPA, the state, or any other agency, such violation(s)
shall be punishable by a civil penalty at least equal to the dollar
amount imposed upon the Lower Saucon Authority and/or City plus its
administrative, legal, engineering costs, and expenses, but not more
than $25,000, per day, per violation.
C.
Continuing penalties. Pursuant to 40 CFR 403.8(f)(1)(vi)(A),
any penalties required under this section will apply per violation
per day. Each day on which a violation shall occur or continue shall
be deemed a separate and distinct offense. In the case of weekly,
monthly or other long-term average discharge limits, penalties shall
accrue for each day during the period of the violation. In addition
to the penalties provided herein, the Lower Saucon Authority and the
City may recover reasonable costs for any loss, damage, cleaning,
repair or replacement work caused by the violation, attorney's fees,
court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this article, the City of Bethlehem Codified Ordinance Section 923,
or the orders, rules, regulations and permits issued hereunder.