Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
ACT/THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et. seq.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
A.
If the user is a corporation:
(1)
The president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decisionmaking
functions for the corporation; or
(2)
The manager of one or more manufacturing, production,
or operating facilities, provided that the manager is authorized to
make management decisions that govern the operation of the regulated
facility, including having the explicit or implicit duty of making
major capital investment recommendations, and initiate and direct
other comprehensive measures to assure long-term environmental compliance
with environmental laws and regulations; can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for wastewater discharge permit requirements; and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
B.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
C.
If the user is a federal, state, or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility, or his or her designee.
D.
The individuals described in Subsections
A through
C, above, may designate another duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to Lower Perkiomen Valley Regional Sewer Authority.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§
152-76 and
152-77 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, for five days
at 20° C. expressed in terms of concentration [milligrams per
liter (mg/l)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the public sanitary sewer system of the POTW.
CATEGORICAL STANDARDS or CATEGORICAL PRETREATMENT STANDARDS
National categorical pretreatment standards, being any regulation
containing pollutant discharge limits promulgated by the EPA in accordance
with Section 307(b) and (c) of the Act (33 U.S.C. § 1317)
which apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405 to 471.
CONTROL AUTHORITY
The term "control authority" shall refer to Lower Perkiomen
Valley Regional Sewer Authority.
COOLING WATER
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency, including the Regional
Water Management Division Director.
GRAB SAMPLE
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE or DISCHARGE
The discharge or the introduction of pollution from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C.
§ 1317) into the POTW (including holding tank waste discharge
into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402 of the Act. In addition, "industrial user" shall also be defined
as an establishment which discharges or introduces industrial wastes
into the POTW.
INDUSTRIAL WASTE
Shall have the meaning ascribed to it in the Act of June
22, 1937 (P.L. 1987, No. 394), known as the Clean Streams Law, and the regulations adopted thereunder.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment process or operations or its sludge processes,
use or disposal and, therefore, is the cause of a violation of the
Lower Perkiomen Valley Regional Sewer Authority's NPDES permit or
of the prevention of sewage sludge use or disposal in compliance with
any of the following statutory/regulatory provisions or permits issued
thereunder or any more-stringent state or local regulations: Section
405 of the Act; the Solid Waste Disposal Act, including Title II,
commonly referred to as the "Resource Conservation and Recovery Act"
(RCRA); any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
LOCAL LIMIT
Specific discharge limits developed and enforced by the control
authority upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
MONTHLY AVERAGE LIMIT
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users, as set forth in 40 CFR Chapter I, Subchapter N, Parts 405 to
471.
NEW SOURCE
A.
Any building, structure, facility or installation
from which there is, or may be, a discharge of pollutants, the construction
of which commenced after the publication of the proposed pretreatment
standards pursuant to the Section 307(c) of the Act, which will be
applicable to such source if the standards are thereafter promulgated
in accordance with that section, provided that:
(1)
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
(2)
The building, structure, facility, or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
(3)
The production or wastewater-generating processes
of the building, structure, facility, or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant, and
the extent to which the new facility is engaged in the same general
type of activity as the existing source, should be considered.
B.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection
A(2) or
(3) above but otherwise alters, replaces, or adds to existing process or production equipment.
C.
Construction of a new source as defined under
this paragraph has commenced if the owner or operator has:
(1)
Begun, or caused to begin, as part of a continuous
on-site construction program:
(a)
Any placement, assembly, or installation of
facilities or equipment; or
(b)
Significant site preparation work, including
clearing, excavation, or removal of existing buildings, structures,
or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
(2)
Entered into a binding contractual obligation
for the purchase of facilities or equipment which is intended to be
used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
losses, and contracts for feasibility, engineering, and design studies,
do not constitute a contractual obligation under this subsection.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
PASS-THROUGH
A discharge which exits the POTW into the waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of the POTW's National Pollutant Discharge Elimination System
(NPDES) permit, including an increase in the magnitude or duration
of a violation.
PERMITTEE
Shall refer to the Lower Perkiomen Valley Regional Sewer
Authority as control authority.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
This definition includes all federal, state, and local governmental
entities.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution. A measure
of the acidity or alkalinity of a solution, expressed in standard
units.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal, and agricultural wastes, and certain characteristics of
waste water (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
PRETREATMENT
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, by process changes, or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on a user. Any substantive
or procedural provision of the Federal Water Pollution Control Act
(62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June
22, 1937 (P.L. 1987, No. 394), known as the Clean Streams Law, or any rule or regulation, ordinance or term or condition
of a permit or order adopted or issued by the commonwealth or a POTW
for the implementation or enforcement of an industrial waste pretreatment
program established under the Federal Water Pollution Control Act
or the Clean Streams Law.
PRETREATMENT STANDARD
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned and operated by the Lower
Perkiomen Valley Regional Sewer Authority. This definition includes
any sewers that convey wastewater to the POTW treatment plant, but
does not include pipes, sewers or other conveyances not connected
to a facility providing treatment. For the purposes of this article,
"POTW" shall also include any sewers that convey wastewaters to the
POTW from persons who are users of the POTW. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant. As used herein, "POTW" refers to the wastewater treatment plant
owned by Lower Perkiomen Valley Regional Sewer Authority.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing
operations, etc.).
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
A.
Except as provided in Subsections
B and
C of this definition, a significant industrial user is:
(1)
An industrial user subject to categorical pretreatment
standards; or
(2)
An industrial user that:
(a)
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
(b)
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
(c)
Is designated as such by the Lower Perkiomen
Valley Regional Sewer Authority on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
B.
The control authority may determine that an
industrial user subject to categorical pretreatment standards is a
nonsignificant categorical industrial user rather than a significant
industrial user on a finding that the industrial user never discharges
more than 100 gallons per day (gpd) of total categorical wastewater
(excluding sanitary, noncontact cooling and boiler blowdown wastewater,
unless specifically included in the pretreatment standard) and the
following conditions are met:
(1)
The industrial user, prior to the control authority's
finding, has consistently complied with all applicable categorical
pretreatment standards and requirements;
(2)
The industrial user annually submits the certification statement required in §
152-118B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
(3)
The industrial user never discharges any untreated
concentrated wastewater.
C.
Upon a finding that a user meeting the criteria in Subsection
A(2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Lower Perkiomen Valley Regional Sewer Authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
An industrial user is in significant noncompliance if its
violation meets one or more of the specific criteria set forth in
40 CFR 403.8(f)(2)(vii). For purposes of this definition, an industrial
user is in significant noncompliance if its violation meets one or
more of the following criteria:
A.
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §§
152-76 through
152-84.
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined in §§
152-76 through
152-84, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
C.
Any other violation of a pretreatment standard or requirement, as defined in §§
152-76 through
152-84 (daily maximum, long-term average, instantaneous limit or narrative standard), that the control authority 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.
D.
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 of this article to halt or prevent such a discharge.
E.
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in this article or
in an enforcement order.
F.
Failure to provide, within 30 days after the
due date, any required reports such as baseline monitoring reports,
ninety-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violation(s), which may include a
violation of best management practices, which the control authority
determines will adversely affect the operation or implementation of
the pretreatment program.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §§
152-76 through
152-84 of this article. A "slug discharge" is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
STATE
State of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snowmelt.
SUPERINTENDENT
The person designated by the control authority to supervise
the operation of the publicly owned treatment works.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307(a) or other acts.
USER or INDUSTRIAL USER
Any person who contributes, causes or permits the indirect
discharge of wastewater into the POTW.
WASTEWATER
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
The following abbreviations or acronyms shall
have the designated meanings:
AO
|
administrative order
|
BAT
|
best available treatment
|
BATEA
|
best available technology economically achievable
|
BCT
|
best control technology
|
BMP
|
best management practices
|
BMR
|
baseline monitoring report
|
B/N
|
base/neutral
|
BOD
|
biochemical oxygen demand
|
BPJ
|
best professional judgment
|
BPT
|
best professional technology
|
CERCLA
|
Comprehensive Environmental Response, Compensation,
and Liability Act
|
CFR
|
Code of Federal Regulations
|
CIU
|
categorical industrial user
|
COD
|
chemical oxygen demand
|
CSO
|
combined sewer overflow
|
CWA
|
Clean Water Act
|
CWF
|
combined waste stream formula
|
DMR
|
discharge monitoring report
|
DSS
|
domestic sewage study
|
EMS
|
Enforcement Management System
|
EP
|
extraction procedure
|
EPA
|
Environmental Protection Agency of the United
States
|
FDF
|
fundamentally different factor
|
FOV
|
finding of violation
|
FOG
|
fats, oil, and grease
|
FR
|
Federal Register
|
FWA
|
flow-weighted averaging
|
FWPCA
|
Federal Water Pollution Control Act
|
GC/MS
|
gas chromatograph/mass spectrophotometry
|
gpd
|
gallons per day
|
I + I
|
infiltration and inflow
|
IU
|
industrial user
|
IWS
|
industrial waste survey
|
MAHL
|
maximum allowable headworks loading
|
MGD
|
million gallons per day
|
mg/l
|
milligrams per liter
|
MOU
|
memorandum of understanding
|
MSDS
|
Material Safety Data Sheet
|
NIOSH
|
National Institute of Occupational Safety and
Health
|
NMP
|
National Municipal Policy
|
NPDES
|
National Pollutant Discharge Elimination System
|
NON
|
notice of noncompliance
|
NOV
|
notice of violation
|
OCPSF
|
organic chemicals, plastics, and synthetic fibers
|
O&G
|
oil and grease
|
O&M
|
operations and maintenance
|
OSHA
|
Occupational Safety and Health Administration
|
OWEC
|
Office of Water Enforcement and Compliance
|
PAD
|
proportioned actual domestic flow
|
PAH
|
polynuclear aromatic hydrocarbons
|
PAI
|
proportioned actual industrial flow
|
PASS
|
Pretreatment Audit Summary System
|
PCB
|
polychlorinated biphenols
|
PCI
|
pretreatment compliance inspection
|
PCME
|
pretreatment compliance monitoring and enforcement
|
PCS
|
Permit Compliance System
|
PIRT
|
Pretreatment Implementation Review Task Force
|
POTW
|
publicly owned treatment works
|
ppd
|
pounds per day
|
ppm
|
parts per million
|
ppb
|
parts per billion
|
PPETS
|
Pretreatment Permits Enforcement Tracking System
|
PQR
|
permit quality review
|
PSNS
|
pretreatment standards for new sources
|
PSES
|
pretreatment standards for existing sources
|
QA/QC
|
quality assurance/quality control
|
QNCR
|
quarterly noncompliance report
|
RCRA
|
Resource Conservation and Recovery Act
|
RNC
|
reportable noncompliance
|
SARA
|
Superfund Amendments and Reauthorization Act
|
SIC
|
Standard Industrial Classification
|
SIU
|
significant industrial user
|
SMP
|
solvent management plan
|
SNC
|
significant noncompliance
|
SPCC
|
spill prevention control and countermeasures
|
SPMS
|
Strategic Planning and Management System
|
STP
|
sewage treatment plant
|
STLC
|
soluble threshold limit concentration
|
SUO
|
Sewer Use Ordinance
|
SWDA
|
Solid Waste Disposal Act
|
TCLP
|
Toxicity Characteristic Leachate Procedure
|
TDS
|
total dissolved solids
|
TICH
|
total identifiable chlorinated hydrocarbons
|
TOMP
|
toxic organic management plan
|
TRC
|
technical review criteria
|
TRE
|
toxicity reduction evaluations
|
TSS
|
total suspended solids
|
TTO
|
total toxic organics
|
TTLC
|
total threshold limit concentration
|
USC
|
United States Code
|
VOA
|
volatile organic analysis
|
VOC
|
volatile organic compounds
|
VSS
|
volatile suspended solids
|
WENDB
|
Water Enforcement National Data Base
|
WQA
|
Water Quality Act
|
WQS
|
water quality standards
|
WWTP
|
wastewater treatment plant
|
No user shall contribute, introduce or cause
to be contributed or introduced, directly or indirectly, into the
POTW any pollutant or wastewater which causes pass-through or interference.
These general prohibitions apply to all users of the POTW whether
or not the user is subject to categorical pretreatment standards or
any other national, state, or local pretreatment standards or requirements.
The categorical pretreatment standards found
at 40 CFR Chapter I, Subchapter N, Parts 405 to 471 are hereby incorporated
in this article by reference as though set forth in full.
A. Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the control authority may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
B. When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the control authority shall impose an alternate limit using the combined
waste stream formula in 40 CFR 403.6(e).
C. A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
D. A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
Where the Lower Perkiomen Valley Regional Sewer
Authority's wastewater treatment system achieves consistent removal
of pollutants limited by national pretreatment standards, the Lower
Perkiomen Valley Regional Sewer Authority as control authority may
apply to the approval authority for modification of specific limits
in the national pretreatment standards. "Consistent removal" shall
mean reduction in the amount of a pollutant or alteration of the nature
of the pollutant by the wastewater treatment system to a less toxic
or harmless state in the effluent which is achieved by the system
in 95% of the samples taken when measured according to the procedures
set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal
Regulations, "General Pretreatment Regulations for Existing and New
Sources of Pollution," promulgated pursuant to the Act. The Lower
Perkiomen Valley Regional Sewer Authority as control authority may
then modify pollutant discharge limits in the national pretreatment
standards if the requirements contained in 40 CFR 403.7 are fulfilled
and prior approval from the approval authority is obtained.
State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this article.
The Lower Perkiomen Valley Regional Sewer Authority as control authority reserves the right to establish by resolution more-stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in §
152-72 of this article.
No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The control authority may impose
mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the control
authority for review and shall be approved by the control authority
before construction of the facility. All existing users shall complete
such a plan by January 1, 1994. No user shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the control authority. Review and approval of such
plans and operating procedures shall not relieve the industrial user
from the responsibility to modify the user's facility as necessary
to meet the requirements of this article. In the case of an accidental
discharge, it is the responsibility of the user to immediately notify
the control authority of the incident. The notification shall include
location of discharge, type of waste, concentration and volume, and
corrective actions.
A. Written notice. Within five days following an accidental
discharge, the user shall submit to the control authority a detailed
written report describing the cause of the discharge and the measures
to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred as a result of damage to
the POTW, fish kills, or any other damage to person or property, nor
shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed by this article or other applicable
law.
B. Notice to employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall insure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
Users shall provide wastewater treatment, as necessary, to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in §§
152-76 through
152-84 of this article within the time limitations specified by the EPA, the state, or the control authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the control authority for review and shall be acceptable to the control authority before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the control authority under the provisions of this article.
The control authority shall evaluate whether
each significant industrial user needs an accidental discharge/slug
control plan or other action to control slug discharges. The control
authority may require any user to develop, submit for approval, and
implement such a plan. Alternatively, the control authority may develop
such a plan for any user. An accidental discharge/slug discharge control
plan shall address, at a minimum, the following:
A. Description of discharge practices, including nonroutine
batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the control authority
of any accidental or slug discharge, as required by this article;
and
D. Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures 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.
The Lower Perkiomen Valley Regional Sewer Authority
does not accept septic tank waste or industrial waste from haulers
or RCRA hazardous wastes.
It shall be unlawful to discharge to the POTW
or in any area under the jurisdiction of the control authority, and/or
to the POTW, any wastewater except as authorized by the control authority
in accordance with the provisions of this article, subject to state
and federal laws and regulations.
When requested by the control authority, a user
must submit information on the nature and characteristics of its wastewater
within 30 days of the request. The control authority is authorized
to prepare a form for this purpose and may periodically require users
to update this information.
Any user required to obtain a wastewater discharge
permit who was discharging wastewater into the POTW prior to the effective
date of this article and who wishes to continue such discharges in
the future shall, within 30 days after said date, apply to the control
authority for a wastewater discharge permit in accordance with this
article. Said user shall not cause or allow discharges to the POTW
to continue after 30 days of the effective date of this article except
in accordance with a wastewater discharge permit issued by the control
authority.
Any user required to obtain a wastewater discharge
permit who proposes to begin or recommence discharging into the POTW
must obtain such permit from the control authority prior to the beginning
or recommencing of such discharge. An application for this wastewater
discharge permit, in accordance with this article, must be filed at
least 90 days prior to the date upon which any discharge will begin
or recommence.
The control authority will evaluate the data
furnished by the user and may require additional information. Within
60 days of receipt of a complete wastewater discharge permit application,
the control authority will determine whether or not to issue a wastewater
discharge permit. The control authority may deny any application for
a wastewater discharge permit.
A wastewater discharge permit shall be issued
for a specified time period, not to exceed five years from the effective
date of the permit. A wastewater discharge permit may be issued for
a period less than five years, at the discretion of the control authority.
Each wastewater discharge permit will indicate a specific date upon
which it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the control
authority to prevent pass-through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge
permit issuance date, expiration date and effective date;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the control authority in accordance with §§
152-99 and
152-101 of this article, and provisions for furnishing the new owners or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits, including best management practices,
based on applicable pretreatment standards;
(4) Self monitoring, sampling, reporting, notification,
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency, and sample type based on federal, state, and local law;
(5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with §
152-108C;
(6) A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable federal, state or
local law;
(7) Requirements to control slug discharge, if determined
by the control authority to be necessary; and
(8) Any grant of the monitoring waiver by the control authority (§
152-108C) must be included as a condition in the user's permit.
B. Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge,
time of discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment
technology, pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the introduction
of pollutants into the treatment works;
(3) Requirements for the development and implementation
of spill control plans or other special conditions including management
practices necessary to adequately prevent accidental, unanticipated,
or nonroutine discharges;
(4) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(7) A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(8) Other conditions as deemed appropriate by the control
authority to ensure compliance with this article and state and federal
laws, rules, and regulations.
The control authority shall provide public notice
of the issuance of a wastewater discharge permit. Any person, including
the user, may petition the control authority to reconsider the terms
of a wastewater discharge permit within 30 days of notice of its issuance.
A. Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection, and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
D. If the control authority fails to act within 30 days,
a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
E. Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas of Montgomery County
within 30 days of the final administrative wastewater discharge permit
decision.
The control authority may modify a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
A. To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
B. To address significant alterations or additions to
the user's operation, processes, or wastewater volume or character
since the time of wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge
poses a threat to the POTW, Lower Perkiomen Valley Regional Sewer
Authority personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater
discharge permit;
F. Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
G. Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater
discharge permit; or
I. To reflect a transfer of the facility ownership or
operation to a new owner or operator.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application to the control authority, in accordance with §
152-94 of this article, a minimum of 90 days prior to the expiration of user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application form no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow monitoring devices used during the term of the prior permit.
The following conditions shall apply to the schedule required by §
152-105B(4) of this article:
A. The schedule shall contain progress increments (milestones)
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning
and conducting routine operation);
B. No increment referred to above shall exceed six months;
C. The user shall submit a progress report to the control
authority no later than 14 days following each date in the schedule
and the final date for compliance, including, as a minimum, whether
or not it complied with the increment of progress, the reason for
any delay, and, if appropriate, the steps being taken by the user
to return the construction to the established schedule; and
D. In no event shall more than one month elapse between
such progress reports to the control authority.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in §
152-94B and
C and §
152-105B(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with §
152-95 of this article.
Each user must notify the control authority
of any planned 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.
A. The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §
152-94 of this article.
B. The control authority may issue a wastewater discharge permit under §
152-103 of this article or modify an existing wastewater discharge permit under §
152-100 of this article in response to changed conditions or anticipated changed conditions.
C. For purposes of this requirement, "significant changes"
include, but are not limited to, flow increases of 20% or greater
and the discharge of any previously unreported pollutants.
All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the control
authority as the control authority may require.
If sampling performed by a user indicates a
violation, the user must notify the control authority within 24 hours
of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the result of the repeat analysis
to the control authority within 30 days after becoming aware of the
violation. The user is not required to resample if the control authority
monitors at the user's facility at least once a month or if the control
authority samples between the user's initial sample and when the user
receives the results of this sampling.
All pollutant analyses, including sample techniques,
to be submitted as a part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136 and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the control authority or other parties
approved by the EPA.
Samples collected to satisfy reporting requirements
must be based on data obtained through appropriate sampling and analysis
performed during the period covered by the report, based on data that
is representative of conditions occurring during the reporting period.
A. Except as indicated in Subsections
B and
C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B. Samples for oil and grease, temperature, pH, cyanide,
total phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
C. For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§
152-105 and
152-107 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by §
152-108 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date or receipt of the report shall govern.
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under §
152-84. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the control authority.
The discharge of hazardous waste into the Lower
Perkiomen Valley Regional Sewer Authority system is strictly prohibited.
The control authority or its designated representative
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this article
and any wastewater discharge permit or order issued hereunder. Users
shall allow the control authority or its designated representative
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties. A user shall not obstruct, block or otherwise
interfere with access to the sampling point(s).
A. Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
control authority or its designated representative shall be permitted
to enter without delay for the purposes of performing specific responsibilities.
B. The control authority or its designated representative
shall have the right to set up on the user's property, or require
installation of, such devices as are necessary to conduct sampling
and/or metering of the user's operations.
C. The control authority or its designated representative
may require the user to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated semiannually to ensure their accuracy.
D. Any temporary or permanent obstruction of safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written or verbal request of the
control authority or its designated representative and shall not be
replaced. The costs of clearing such access shall be borne by the
user.
E. Unreasonable delays in allowing the control authority
or its designated representative access to the user's premises shall
be a violation of this article.
If the control authority or its designated representative
has been refused access to a building, structure, or property, or
any part thereof, and is able to demonstrate probable cause to believe
that there may be a violation of this article or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program of the control authority designed to verify compliance with
this article or any permit or order issued hereunder or to protect
the overall public health, safety and welfare of the community, then
the control authority may seek issuance of a search warrant from the
Court of Common Pleas of Montgomery County, Pennsylvania.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, monitoring
programs, and from the control authority's inspection and sampling
activities shall be available to the public without restriction, unless
the user specifically requests, and is able to demonstrate to the
satisfaction of the control authority, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available immediately upon request to governmental agencies
for uses related to NPDES program or pretreatment program and in enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics and other "effluent data," as defined
by 40 CFR 2.302, will not be recognized as confidential information
and will be available to the public without restriction.
The control authority shall publish annually,
in a newspaper of general circulation that provides meaningful public
notice within the jurisdictions served by the POTW, a list of the
users which, at any time during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term "significant noncompliance" shall be applicable to all significant
industrial users (or any other industrial user that violates Subsections
C, D or H of this section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §§
152-76 through
152-84;
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by §§
152-76 through
152-84, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or
requirement as defined by §§ 152-76 through 152-84
(daily maximum, long-term average, instantaneous limit, or narrative
standard) that the control authority 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;
D. Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment or has resulted in
the control authority's exercise of its emergency authority to halt
or prevent such a discharge;
E. Failure to meet, within 30 days of the scheduled date,
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
F. Failure to provide, within 30 days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation
of best management practices, which the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may serve
upon that user a written notice of violation. Within 30 days of the
receipt of this notice, an explanation of the violation and a plan
for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the user to the control
authority. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of
the notice of violation. Nothing in this section shall limit the authority
of the control authority to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
The control authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§
152-126 and
152-127 of this article.
The control authority may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user, as defined in §
152-74 and required by §
152-95A. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may issue
an order to the user responsible for the discharge directing that
the user come into compliance within a specified time. If the user
does not come into compliance within the time provided, sewer service
may be discontinued unless adequate treatment facilities, devices,
or other related appurtenances are installed and properly operated.
Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other
action against the user.
The control authority shall provide to the contributing municipality a true and correct copy of any administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action initiated by the control authority with reference to an industrial user within the municipality, pursuant to §§
152-123 through
152-140 of this article. The failure to provide a copy to the contributing municipality shall not be a defense to any third party who is a subject of an administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may petition
the Court of Common Pleas of Montgomery County, Pennsylvania, for
appropriate legal and equitable relief, including the issuance of
a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this article on activities
of the user. Relief requested may also include requirements for environmental
remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
A user who willfully or negligently violates
any provision of this article, a wastewater discharge permit, order
issued hereunder, or any other pretreatment standard or requirement,
or who willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage, or any user
who knowingly makes any false statements, representations or certifications
in any application, record, report, plan, or other document filed,
or required to be maintained pursuant to this article, a wastewater
discharge permit or order issued under this article or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
of method required under the Ordinance, may be subject to criminal
prosecution in accordance with the applicable provisions of the Pennsylvania
Crimes Code, 18 Pa.C.S.A. § 101 et seq.
The remedies provided for in this article are
not exclusive. The control authority may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the control authority's
enforcement response plan. However, the control authority may take
other action against any user when the circumstances warrant. Further,
the control authority is empowered to take more than one enforcement
action against any noncompliant user.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the control authority, in a sum not to exceed a value determined
by the control authority to be necessary to achieve consistent compliance.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless the user submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
A violation of any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the control authority.
Any person(s) creating a public nuisance shall be subject to the provisions
of the Second Class Township Code or Borough Code, as the case may be, and applicable ordinances
governing such nuisances, including reimbursing the control authority
for any costs incurred in removing, abating, or remedying said nuisance.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article, or wastewater discharge permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this article, shall be prosecuted in accordance
with the provisions of the Pennsylvania Crimes Code pertaining to
perjury and falsification in official matters pursuant to 18 Pa.C.S.A. § 4901
et seq.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §§
152-76 through
152-84 of this article or the specific prohibitions in §
152-77 of this article, except §
152-77A(1),
(2) and
(8), if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A. A local limit exists for each pollutant discharged
and the user was in compliance with each limit directly prior to,
and during, the pass-through or interference; or
B. No local limits exists, but the discharge did not
change substantially in nature or constituents from the user's prior
discharge when the Lower Perkiomen Valley Regional Sewer Authority
as control authority was regularly in compliance with the NPDES permit
and, in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
It is the purpose of this article to provide
for the recovery of costs from users of the Lower Perkiomen Valley
Regional Sewer Authority's wastewater disposal system for the implementation
of the program established herein. The applicable charges or fees
shall be set forth in a Schedule of Charges and Fees.
If any provision, paragraph, word, section or
article of this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, and chapters
shall not be affected and shall continue in full force and effect.
This article shall take effect and shall be
enforced from and after its approval.