[1]
Editor's Note: Adopted 6-10-2002 by Res. No.
3-2002. This resolution superseded former Appendix A adopted by resolution
5-16-1994, as amended.
A.
This article sets forth uniform requirements for connected
and nonconnected users discharging into the public sanitary sewage
system and treatment plant of the Valley Forge Sewer Authority and
enables the Authority to comply with all applicable state and federal
laws required by the Clean Water Act of 1977 and the General Pretreatment
Regulations (40 CFR Part 403).
B.
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the public
sanitary sewage system and treatment plant which will interfere with
the operation of the sewer system or contaminate the resulting bioslaids
or otherwise be incompatible to the sewer system.
(2)
Prevent the introduction of pollutants into the treatment
plant which will pass through the treatment system, inadequately treated,
into receiving waters or the atmosphere.
(3)
Improve the opportunity to recycle and reclaim wastes
and biosolids from the sewer system.
(4)
Provide for equitable distribution of the cost of
the treatment plant operation and maintenance.
C.
This article provides for the regulation of contributors
to the public sanitary sewage system through the execution of agreements;
the issuance of permits to certain nondomestic users; the issuance
of licenses to waste haulers and through enforcement of general requirements
for other users, authorizes monitoring and enforcement activities;
requires user reporting; assumes that existing customers' approved
and authorized capacity will not be preempted; and provides for the
setting of fees for the equitable distribution of costs resulting
from the program established herein.
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated. Words in the present tense include
the future. The singular number includes the plural number. The plural
number includes the singular number. Shall is mandatory; may is permissive.
The Valley Forge Sewer Authority or its authorized representatives.
Refers to the report required in 40 CFR Part 403.12, to be
submitted by all industrial users or waste generators subject to National
Categorical Pretreatment Standards.
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 control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
[Added 12-8-2008 by Res. No. 2-2008]
The primarily solid organic material recovered from a sewage
treatment process and recycled, especially as a fertilizer.
The quantity of dissolved oxygen consumed in the biochemical
oxidation of the organic matter in waste under standard laboratory
procedure in five days at 20° C., expressed in milligrams per
liter (mg/l). It shall be determined by one of the acceptable methods
described in 40 CFR Part 136 and amendments thereto, or by any other
methods approved by the Environmental Protection Agency (EPA).
Any industrial user subject to a National Categorical Pretreatment
Standard.
Any waste generator subject to a National Categorical Pretreatment
Standard.
Refers to Public Law 92-500, October 18, 1972, 33 U.S.C.
§ 1251 et seq, as amended by P.L. 95-217, December 28, 1977,
P.L. 97-177, December 29 1981, P.L. 97-440, January 8, 1983, and P.L.
100-04, February 4, 1987; and any subsequent amendments or reauthorizations
thereto.
The color of the light transmitted by the waste solution
after removing the suspended material, including the pseudocolloidal
particles.
A permit issued to those industrial users that the Authority
does not classify as significant industrial users but are considered
to have an impact, either potential or realized, either singly or
in combination with other contributing commercial or industrial establishments,
on the public sanitary sewage system and/or the treatment plant (either
its operational efficiency, effluent quality or quality of the biosolids
produced by such facility).
A property which is intended to be used for the purpose of
carrying on a trade, business or profession or for social, religious,
educational, charitable or public uses, or a person discharging waste
generated by the trade, business, profession, social, religious, educational,
charitable or public use of the property.
A sample consisting of a combination of individual samples
that are either time- or flow-proportioned, or both, obtained at regular
intervals over a period of time and shall reasonably reflect the actual
wastewater or waste discharge conditions for that period of time.
A user located in the Authority service area that discharges
into the public sanitary sewage system through a direct connection
point that has been approved by the Authority.
The water discharged from any system of condensation, including
but not limited to air conditioning, cooling or refrigeration.
A sample consisting of a combination of individual samples,
regardless of flow, collected at regular intervals over a period of
time; the sampling duration shall be not less than 20 hours, but shall
not exceed 28 hours, or as specified in an industrial waste discharge
permit or commercial discharge permit.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
That concentration of matter in a waste consisting of colloidal
particulate matter, and both organic and inorganic molecules and ions
present in solution that pass through a standard filter according
to the approved procedures outlined in 40 CFR Part 136 or amendments
thereto, or outlined in any other procedure approved by EPA.
Refers to any connected user discharging only sanitary sewage.
The discharge shall not exceed an average daily total suspended solids
concentration of 250 milligrams per liter and an average daily BOD
concentration of 250 milligrams per liter.
The Environmental Protection Agency of the United States
or any agency or department of the United States succeeding to the
existing jurisdiction or responsibility of the Environmental Protection
Agency.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the commercial handling,
storage and sale of produce.
A sample from a wastewater or waste with no regard to flow
in the wastewater or waste and collected over a period of time not
exceeding 15 minutes but shall reasonably reflect actual discharge
conditions for that period.
Garbage that has been shredded to such a degree that all
its particles will be carried freely under normal sewer flow conditions,
with no particle greater than 1/2 inch in any dimension.
Water which is standing in or passing through the ground.
A watertight receptacle designed to receive and retain wastes
and is constructed to facilitate the ultimate disposal of the wastes
at another site.
The wastes originating from normal household activities containing
human and customary household wastes, or such wastes from commercial
or industrial establishments, but excluding industrial wastes. The
waste must be certified by a waste hauler licensed by the Authority
as sanitary sewage and must be stored in such a way as not to concentrate
said waste to a level of total suspended solids exceeding 1,000 mg/l.
The water-carried waste originating from normal household
functions, such as waste from kitchens, toilets, lavatories and laundries,
or such waste from industrial or commercial establishments, but excluding
industrial waste.
The introduction of pollutants into the Authority's public
sanitary sewage system from any nondomestic source regulated under
Section 307(b), (c) or (d) of the Clean Water Act.
[Added 12-8-2008 by Res. No. 2-2008]
Any connected user which is not a domestic user.
Any liquid, solid or gaseous substance, whether or not solids are contained therein, discharged from any user during the course of any industrial, manufacturing, trade or business process or in the course of development, recovery or processing of natural resources, or any wastes having any of the characteristics described under § 110-9 of this article, General discharge prohibitions, as distinct from sanitary sewage.
The groundwater unintentionally entering the public sanitary
sewage system, including building foundation drains and sewers, from
the ground through such means as but not limited to defective pipes,
pipe joints, connection or manhole walls. Infiltration does not include,
and is distinguished from, inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
The water discharged into a public sanitary sewage system,
including building drains and sewers, from such sources as but not
limited to roof leaders; cellar, yard and area drains; foundation
drains; unpolluted cooling water discharges; drains from springs and
swampy areas; manhole covers; cross-connection from storm sewer and/or
combined sewers; catch basins; stormwaters; surface runoff; street
wash waters; or drainage. Inflow does not include, and is distinguishable
from, infiltration.
A device designed and installed so as to separate and retain
for removal, by automatic or manual means, deleterious, hazardous
or objectionable waste, including but not limited to grease, oil or
sand, while permitting sanitary sewage or industrial waste to discharge
by gravity into a public sanitary sewage or on-site drainage system.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations and results in a violation of any
requirement of the treatment plant's NPDES permit or prevents biosolids
use or disposal in compliance with applicable federal or state statutes
or regulations. The term includes those discharges that cause a prevention
of biosolids use or disposal by the treatment plant in accordance
with 405 of the Act (33 U.S.C. § 1345) or any criteria,
guidelines or regulations developed pursuant to the Solid Waste Disposal
Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, 40
CFR Part 503, or more stringent state criteria, including those contained
in any state biosolids management plan prepared pursuant to Title
IV of SWDA or any more stringent DEP criteria, guidelines or regulations
pursuant to the Solid Waste Management Act (SWMA), the Clean Streams
Law (CSL) [1] or the Air Pollution Control Act (APCA) [2] applicable to the method of disposal or use employed by
the treatment plant, and those discharges that cause a pass-through
or disrupt operations at the treatment plant or in the public sanitary
sewage system.
A shaft or chamber leading from the surface of the ground
to a sewer, large enough to enable a man to gain access to the latter.
Milligrams per liter.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with 40 CFR, Chapter I, Subchapter N, Parts
405-471, and Section 307(b) and (c) of the Act (33 U.S.C. § 1317)
which applies to a specific category of industrial user or waste generator.
A permit issued under the National Pollutant Discharge Elimination
System (NPDES) for discharge of wastewaters to the navigable waters
of the United States pursuant to Section 402 of the Clean Water Act,
as amended.
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 Clean Water 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; or the building, structure, facility or installation totally
replaces 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
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. Determination of new source status shall be consistent
with the provisions of 40 CFR Part 403.3(k)(1), (2) and (3).
Any user who contributes waste (including trucked industrial
waste, domestic holding tank waste or septage) to the treatment plant
by transporting or allowing the transport of such waste by vehicle
and allows or causes the discharge of said trucked waste into the
treatment plant at such a discharge point and under such conditions
as may be approved by the Authority.
Wastewater or sewage having an average daily total suspended
solids concentration of not more than 250 milligrams per liter and
an average daily BOD of not more than 250 milligrams per liter and
excluding toxic and/or flammable wastes.
Any wastes that can, in the Authority's judgment, harm either
the sewer system or treatment plant process or equipment; have an
adverse effect on the receiving stream; endanger life, health or property;
or which constitutes a public nuisance.
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his authorized representative.
A discharge which exits the treatment plant into waters of
the United States in quantities or concentrations which, alone or
in conjunction with other discharges, is a cause of a violation of
the treatment plant's NPDES permit or of any applicable local, state
or federal water quality criteria (including an increase in the magnitude
or duration of a violation).
Includes an individual, a partnership, an association, a
corporation, a joint-stock company, a trust, an unincorporated association,
a governmental body, a political subdivision, a municipality, a municipality
authority or any other group or legally recognized entity. The masculine
gender shall include the feminine; singular shall include the plural
where indicated by the context.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution indicating the degree of acidity
or alkalinity of a substance. pH shall be determined by one of the
accepted methods described in 40 CFR Part 136 and amendments thereto,
or by any other method approved by the EPA.
Any material that, when added to water, shall render that
water (either because of the nature or quantity of the material) unacceptable
for its original intended use, including but not limited to dredged
spoil, solid waste, incinerator residue, sewage, garbage, biosolids,
chemical wastes, biological materials, radioactive materials, heat,
sand, cellar dirt and industrial, municipal and agricultural wastes.
The man-made or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in a waste to a less harmful state prior to or in lieu of discharging
(either by a connected user or nonconnected user through a licensed
waste hauler) or otherwise introducing such pollutants into the public
sanitary sewage system. The reduction or alteration can be obtained
by physical, chemical or biological processes, or by process changes
by other means.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user
or waste generator.
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 industrial users and including
prohibitive discharge limits established pursuant to 40 CFR 403.5.
The forward flow of waste through various treatment units
of the treatment plant, including primary clarifiers, aeration tanks,
secondary (final) clarifiers and chlorine contact tanks, and including
holding tank waste or trucked industrial waste discharged directly
into one of those treatment units.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production of or use
of any raw material, intermediate product, finished product, by-product
or waste product, excluding noncontact cooling water and boiler blowdown.
All sanitary sewers, all pumping stations, all force mains,
all sewage treatment works and all other sewage facilities owned or
leased and operated by the Authority for the collection, transportation
and treatment of sanitary sewage and industrial wastes and septage,
together with their appurtenances, and any additions, extensions or
improvements thereto. It shall also include sewers within the Authority's
service area which serve one or more persons and discharge into the
public sanitary sewage system even though those sewers may not have
been constructed by the Authority and are not owned or maintained
by the Authority. It does not include separate storm sewers or culverts
which have been constructed for the sole purpose of carrying stormwater
or surface runoff, the discharge from which is not and does not become
tributary to the treatment plant.
Refers to the report required by 40 CFR Part 403.12(d), to
be submitted by all industrial users or waste generators subject to
National Categorical Pretreatment Standards.
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-making or decisionmaking
functions for the corporation.
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
A general partner or proprietor if the industrial
user submitting the reports required by Paragraphs (b), (d) and (e)
of 40 CFR Part 403.12 is a partnership or sole proprietorship respectively.
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
The written authorization is submitted to the
control authority.
If an authorization under Subsection C is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection C must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
Wastes originating from domestic users containing human and
customary household wastes, or such wastes from commercial or industrial
establishments, but excluding industrial wastes.
Any pipe or conduit constituting a part of the sewer system,
or usable for sewage collection purposes, which carries wastewater
and to which stormwater, surface and ground waters are not admitted
and which discharges to the treatment plant owned by the Valley Forge
Sewer Authority.
Refers to household waste from normal household functions,
or such waste from commercial or industrial establishments, concentrated
or treated in such a manner so as to concentrate the total suspended
solids in such waste to a level at which it is treatable through the
septage discharge station at the treatment plant.
One of the locations at the treatment plant designated by
the Authority to receive septage, holding tank waste or trucked industrial
waste which is not discharged directly into the process stream of
the treatment plant.
Any sanitary sewage or industrial wastes, carried either
separately or in combination, that are discharged into the public
sanitary sewage system by a connected user, or any trucked industrial
waste or holding tank waste generated by a waste generator and transported
to the treatment plant by a licensed waste hauler and discharged into
the process stream of the treatment plant as a Tier I waste.
Except as provided in Subsection C of this definition:
All industrial users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and 40 CFR, Chapter I, Subchapter
N; and
Any other industrial user that discharges an
average of 25,000 gallons per day or more of process waste to the
POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
contributes a process waste stream which makes up 5% or more of the
average dry weather hydraulic or organic capacity of the POTW treatment
plant; or is designated as such by the Authority on the basis that
the industrial user has a reasonable potential for adversely affecting
POTW's operation or for violating any pretreatment standard or requirement
[in accordance with 40 CFR 403.8(f)(6)].
Upon a finding that an industrial user meeting the criteria in Subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Authority may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
A violation by an industrial user meeting one or more of
the following criteria (40 CFR 403.8 (f)(2) vii):
[Amended 12-8-2008 by Res. No. 2-2008]
Chronic violations of waste 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, the daily
maximum, average or instantaneous limit for the same pollutant parameter;
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 the daily maximum, average or instantaneous
limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats,
oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent limit (daily
maximum, instantaneous limit or longer-term average) 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);
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 (40 CPR 403.8 (f)(l)(vi)(B)
to halt or prevent such a discharge;
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;
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to accurately report noncompliance;
Any other violation or group of violations, including a violation
of best management practices, which the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any categorical waste generator.
Any other waste generator which:
Discharges a flow of 10,000 gallons or more
process waste per day to the treatment plant;
Contributes a process waste which makes up 5%
or more of the average dry weather hydraulic flow or 5% or more of
the organic (BOD) capacity of the treatment plant; or
Is designated by the Authority, EPA or DEP to
have a reasonable potential, either singly or in combination with
other users, for adversely affecting the operation of the public sanitary
sewer system and/or the treatment plant (either its operational efficiency,
effluent quality or quality of the biosolids produced by said facility),
or for violating any pretreatment standard or requirement.
Any solid material containing large amounts of entrained
water collected during water or wastewater treatment which may be
recycled.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
That portion of the precipitation that runs off over the
surface during a storm and for a short period following a storm and
enters the sewer system and causes the flow at the treatment plant
to exceed the normal or ordinary flow.
A waste generated by any user that is required, by the Authority,
to be discharged directly into the process stream of the treatment
plant. The Authority's determination is based on waste characteristics,
including but not limited to total suspended solids and BOD concentration.
This category of waste may include but is not limited to most holding
tank wastes, industrial wastes and sanitary landfill leachates.
A waste generated by any user that is transported to the
treatment plant by a licensed waste hauler and is required, by the
Authority, to be discharged into the septage discharge station at
the treatment plant. The Authority's determination is based on waste
characteristics, including but not limited to total suspended solids
and BOD concentration. This category of waste may include, but is
not limited to, most septages, biosolids and sludges.
The sum of the total suspended solids in milligrams per liter
and dissolved solids in milligrams per liter, as determined by one
of the acceptable methods described in 40 CFR Part 136 and amendments
thereto, or by any other method approved by EPA.
Solids that either float to the surface or are in suspension
in water, sewage, industrial waste or other liquids and which are
removable by laboratory filtration. The quantity of total suspended
solids shall be determined by one of the acceptable methods described
in 40 CFR Part 136 and amendments thereto, or by any other method
approved by EPA.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provision of CWA 307(a) or other acts.
The structures, equipment and processes owned by the Valley
Forge Sewer Authority and required to collect, transport and treat
domestic and industrial waste and to treat trucked industrial waste,
holding tank waste and septage and to dispose of the effluent and
accumulated residual solids.
Any liquid, solid or gaseous substance, whether or not solids are contained therein, produced by any user during the course of any industrial, manufacturing, trade or business process or in the course of development, recovery or processing of natural resources, as distinct from sanitary sewage, that is permitted in accordance with § 110-17 of this article and that is transported by vehicle and discharged to the treatment plant by a waste hauler licensed in accordance with § 110-17 of this article. Leachates from sanitary landfills shall be considered "trucked industrial waste."
Any person who contributes, causes or permits the contribution
of wastewater or waste into the Authority's treatment plant.
Refers to any sewage (or wastewater), trucked industrial
waste, holding tank waste or septage.
Refers to any nonconnected user of the treatment plant.
Refers to a person licensed by the Authority under § 110-17 of this article to transport and discharge trucked industrial waste (generated by a permitted waste generator) or holding tank waste or septage at the treatment plant.
The license issued by the Authority pursuant to § 110-17 of this article which allows the discharge of domestic holding tank waste, septage or trucked industrial waste transported to the treatment plant in an over-the-road vehicle.
Refers to the permit issued by the Authority to a significant waste generator for a particular trucked industrial waste pursuant to § 110-17 of this article.
A.
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or waste which will cause pass-through
or interference with the operation or performance of the treatment
plant. These general prohibitions apply to all such users of the treatment
plant whether or not the user is subject to National Categorical Pretreatment
Standards or any other national, state or local pretreatment standards
or requirements.
B.
The following limitations and prohibitions shall apply
to all users of the treatment plant:
(1)
Unpolluted water or waste prohibition. No person shall
discharge to the public sanitary sewage system unpolluted water or
waste capable of being disposed of by any means other than discharge
into the public sanitary sewage system, including but not limited
to noncontact cooling water, except under such conditions as may be
authorized in a permit issued by the Authority pursuant to article.
(2)
Stormwater prohibition. No person shall discharge
to the public sanitary sewage system any amount of unpolluted stormwater,
including but not limited to surface water, foundation drainwater,
groundwater, roof runoff or surface drainage. All connections which
would result in the discharge of inflow are hereby specifically prohibited.
(3)
Dilution of wastes prohibited. 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 pretreatment
to achieve compliance with the limitations contained in the National
Categorical Pretreatment Standards, or in any other pollutant-specific
limitation developed by the Authority or DEP.
(4)
Grease and oil prohibitions. No person shall discharge
to the public sanitary sewage system any grease, oils or grease interceptor
wastes capable of being disposed of by any means other than discharge
into the public sanitary sewage system, except under such conditions
as may be authorized in a permit issued by the Authority pursuant
to this article. In addition, discharge of petroleum oil, nonbiodegradable
cutting oil or products of mineral oil origin in amounts causing interference
or pass-through at the treatment plant is prohibited.
(5)
Other general prohibitions. Except as otherwise provided,
no person shall discharge or cause to be discharged any waste or other
matter or substance:
(a)
That could cause pass-through or interference,
alone or in conjunction with a waste or wastes from other sources.
(b)
Containing any liquids, solids or gases which
by reason of their nature or quantity are, or may be, sufficient,
either alone or by interaction with other substances, to cause fire
or explosion or be injurious in any other way to the treatment plant
or to the operation of the treatment plant.
(c)
Containing any noxious or malodorous or toxic
gases, vapors, fumes or substance which, alone or by interaction with
other wastes, is capable of creating a public nuisance or hazard to
life or preventing entry into sewers for their maintenance and repair.
The discharge of wastes that result in gases, vapors or fumes in quantities
that could cause worker health or safety problems at the treatment
plant is specifically prohibited.
(d)
Containing garbage that is not ground garbage.
(e)
Containing any solid or viscous substances in
quantities or of size capable of causing obstruction to the flow in
sewers or other interference with the proper operation of the treatment
plant. Such substances include but are not limited to ashes, cinders,
sand, mud, straw, shavings, metal, glass, bones, rags, feathers, tar,
plastic, wood, paunch manure, butchers offal, whole blood, bentonite,
lye, building materials, rubber, hair, leather, porcelain, china,
ceramic wastes, asphalt, paint and waxes.
(f)
Containing a toxic pollutant or poisonous substance
in sufficient quantity, either singly or by interaction with any sewage
treatment process, to constitute a hazard to humans or animals or
to create any hazard in the receiving stream of the treatment plant,
or that exceeds any applicable limitation set forth in a National
Categorical Pretreatment Standard.
(g)
Containing total solids, total suspended solids
or BOD of such character or quantity that unusual attention or expense
is required to handle such materials at the treatment plant, except
as may be approved by the Authority, or as may be otherwise provided
herein.
(h)
Containing any radioactive wastes or isotopes
except in compliance with applicable state or federal regulations.
(i)
Prohibited by any permit issued by the Commonwealth
of Pennsylvania, or by the EPA or any other federal agency.
(j)
That constitute a slug as defined in this article.
The discharge of the following wastes into the
treatment plant is hereby specifically prohibited:
A.
Waste containing more than 100 milligrams per liter
of grease and oil, if the grease and oil is of unknown or petroleum
origin in a Tier I or Tier II waste; or containing more than 200 milligrams
per liter of grease and oil in a Tier I waste, or more than 10,000
milligrams per liter of grease and oil in a Tier II waste, if the
grease and oil is determined to be of an animal or vegetable origin.
The differentiation between grease and oil of animal/vegetable origin
and those of petroleum origin shall be made by the Authority.
B.
Wastes having a temperature higher than 150° F.
or less than 32° F. but in no case heat in such quantities that
the temperature of the influent to the treatment plant exceeds 104°
F. or inhibits the biological activity of the treatment plant.
C.
Wastes having a closed cup flash point of less than
140° F. as determined by a method listed under 40 CFR Part 261.21,
and amendments thereto, are specifically prohibited. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge into the system (or at any point in the system), be more
than 5%, nor any single reading over 10%, of the lower explosive limit
(LEL) of the meter.
D.
Wastes having a pH lower than 6.0 or greater than
9.5 in a Tier I waste, or a pH lower than 5.0 or greater than 9.5
in a Tier II waste, or having any corrosive or scale-forming property
capable of causing damage or hazards to structures, equipment, bacterial
action or health or safety hazards to operating personnel or the sewer
system or the treatment plant.
E.
Wastes that exceed any of the following concentrations
in a discharge to the process stream of the treatment plant from a
connected user as sewage or Tier I waste or from a nonconnected discharge
(through a licensed waste hauler) as a Tier I waste, as a daily composite
sample or grab sample:
[Amended 10-11-2010 by Res. No. 1-2010; 8-8-2016 by Res. No. 2-2016; 9-10-2018 by Res. No. 2-2018]
|
Tier I Limits
| |||
|---|---|---|---|
|
Parameter
|
Limitation
|
Units
| |
|
Arsenic (total)
|
0.04
|
mg/l
| |
|
Cadmium (total)
|
0.09
|
mg/l
| |
|
Chromium (total)
|
4.00
|
mg/l
| |
|
Copper (total)
|
1.00
|
mg/l
| |
|
Cyanide (total)
|
0.26
|
mg/l
| |
|
Lead (total)
|
0.10
|
mg/l
| |
|
Mercury (total)
|
0.005
|
mg/l
| |
|
Molybdenum (total)
|
0.50
|
mg/l
| |
|
Nickel (total)
|
0.90
|
mg/l
| |
|
Selenium (total)
|
0.50
|
mg/l
| |
|
Silver (total)
|
0.08
|
mg/l
| |
|
Zinc (total)
|
1.00
|
mg/l
| |
F.
Wastes that exceed any of the following concentrations
in a discharge to the septic discharge station of the treatment plant
from a nonconnected discharge (through a licensed waste hauler) as
a Tier II waste in a grab sample or daily composite sample:
[Amended 10-11-2010 by Res. No. 1-2010; 8-8-2016 by Res. No. 2-2016; 9-10-2018 by Res. No. 2-2018; 3-14-2022 by Res. No. 1-2022]
|
Tier II Limits
| |||
|---|---|---|---|
|
Parameter
|
Limitation
|
Units
| |
|
Arsenic (total)
|
2.50
|
mg/l
| |
|
Cadmium (total)
|
0.50
|
mg/l
| |
|
Chromium (total)
|
21.00
|
mg/l
| |
|
Copper (total)
|
22.00
|
mg/l
| |
|
Cyanide (total)
|
0.26
|
mg/l
| |
|
Mercury (total)
|
0.04
|
mg/l
| |
|
Lead (total)
|
18.00
|
mg/l
| |
|
Molybdenum
|
5.00
|
mg/l
| |
|
Nickel (total)
|
5.00
|
mg/l
| |
|
Selenium
|
4.00
|
mg/l
| |
|
Silver (total)
|
5.00
|
mg/l
| |
|
Zinc (total)
|
95.00
|
mg/l
| |
G.
Individual control limits. If the Authority determines
that a waste from any significant industrial user or significant waste
generator poses a unique potential for pass-through or interference
due to the quality or quantity of the discharge, the Authority shall
place special requirements or limits, in excess of those contained
in this article, in any industrial waste discharge permit or waste
permit to prevent such pass-through or interference. Such individual
control limits may include but are not limited to solvent/toxic organic
management plans (STOMP's), toxic reduction evaluation plans (TRE's),
hazardous waste disposal plans, slug discharge control plans or specific
numerical limitations on substances.
H.
Any pollutant, including oxygen demanding pollutants
(BOD, etc.) released in a discharge at a flow rate and/or pollutant
concentration which will cause interference with or pass-through at
the treatment plant.
I.
Wastes containing color from any source that when
diluted with distilled water 1:10 will have a luminescence of 10%
or greater and a purity of 90% or less, at its dominant wavelength
by the tristimulus method, or containing any objectionable color not
removed by the treatment process utilized by the Authority.
J.
Wastes containing more than 10 milligrams per liter
of hydrogen sulfide, sulfur dioxide or nitrous oxide as determined
by a method referenced in 40 CFR Part 136, and amendments thereto,
or any method approved by the EPA.
A.
Primary of state and federal requirements. Nothing
in this section shall be construed to provide lesser discharge standards
than are presently or may hereafter be imposed and required by the
EPA or DEP.
B.
National Categorical Pretreatment Standards. The National Categorical Pretreatment Standards, as defined in § 110-8, Definitions and word usage, and promulgated by the EPA as of May 16, 1994, the National Prohibitive Discharge Standards, as defined in § 110-8 and promulgated by the EPA as of May 16, 1994, are specifically incorporated herein by reference. A national categorical pretreatment standard, national prohibitive discharge standard and pretreatment standard, as defined in § 110-8, and promulgated by the EPA subsequent to May 16, 1994, is specifically incorporated by reference upon publication in the Federal Register as final rulemaking. Any EPA standard as defined above which is more stringent than that imposed under this article shall immediately supersede the less stringent requirement upon incorporation by reference as provided herein.
C.
Pennsylvania state standards. Upon the promulgation
of any Pennsylvania state (DEP) standards or requirements, the DEP
standards or requirements shall immediately supersede the limitations
imposed under this article if the DEP standards are more stringent
than federal limitations or requirements or the limitations and requirements
imposed under this article.
A.
Accidental discharge and slug discharge prevention.
All users shall provide and maintain at their own expense facilities
adequate, in the judgment of the Authority, to prevent accidental
discharge of prohibited and/or regulated substances and/or slug discharges
and to protect the public sanitary sewage system from damages caused
by such substances. No industrial user or significant waste generator
which commences discharge to the treatment plant after the effective
date of this resolution shall be permitted to introduce pollutants
into the treatment plant until the Authority has reviewed and approved
that user's accidental discharge prevention or slug prevention procedures
(if those procedures are required by the Authority). Users designated
as SIUs after October 14, 2005, must be evaluated for the need for
a slug control discharge plan within one year of designation. If the
Authority decides a slug control plan is needed, the plan shall contain,
at a minimum, the following elements:
[Amended 12-8-2008 by Res. No. 2-2008]
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a prohibition
under 40 CFR 403.5(b), with procedures for follow-up written notification
within five days.
(4)
If necessary, procedures to prevent adverse impact
from accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment
structures or equipment measures for containing toxic organic pollutants
(including solvents) and/or measures and equipment necessary for emergency
response.
B.
Accidental and/or slug discharge notification. In
the case of an accidental and/or slug discharge to the treatment plant,
the user shall immediately telephone and notify the Authority of the
accident. The notification shall include information regarding the
location of the discharge, the type of pollutants involved, the concentration
and volume of the discharge and corrective actions taken and/or contemplated.
C.
Accidental and/or slug discharge report. Within five
working days following an accidental and/or slug discharge, the user
shall submit to the 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 treatment plant, 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.
D.
Employee notice concerning accidental and/or slug
discharge. A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a dangerous discharge. Employers shall ensure that all
employees who may cause or suffer such a dangerous discharge to occur
are advised of the emergency notification procedure.
A.
Interceptors required. Grease, oil and sand interceptors
or retainers shall be installed by the user at his own expense when,
in the opinion of the Authority, such are necessary for the proper
handling of liquid wastes containing grease, oil or sand in excessive
amounts and of such other harmful ingredients. Such interceptors shall
be of a type and capacity approved by the Authority and shall be located
as to be readily and easily accessible for cleaning by the user and
for inspection by the Authority.
B.
Interceptor maintenance. Where installed, all grease,
oil and sand interceptors shall be maintained by the user at his own
expense and shall be kept in continuous and efficient operation at
all times.
All users shall notify in writing the EPA, DEP
and the Authority of any discharge of a substance whereby if otherwise
disposed of would be hazardous waste (listed or characteristic under
Section 3001 of RCRA) into the public sanitary sewage system per the
requirements of 40 CFR 403.12(p)(1) through (4).
A.
Surcharges required. Although the sewage treatment
works will be capable of treating certain industrial wastes, the actual
treatment of such wastes may increase the cost of operating and maintaining
the public sanitary sewage system. Therefore, there will be imposed
upon each user discharging such waste into the public sanitary sewage
system a surcharge or surcharges which are intended to cover such
additional costs. Such surcharges shall be in addition to regular
sewage service charges and shall be payable as herein provided.
B.
Determination of surcharges.
(1)
The strength of any industrial or commercial waste discharge which is to be subject to a surcharge as determined by Subsection C of this § 110-15 shall be determined quarterly or more frequently, as the Authority shall determine. The surcharge shall be determined from samples taken either at the manhole or metering chamber referred to in this article or at any other sampling point mutually agreed upon by the Authority and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of the Authority, will permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff.
(2)
Samples shall be collected or their collection supervised
by a representative of the Authority and will be samples that reasonably
reflect the characteristics of the waste. Except as hereinafter provided,
the strength of waste so found by analysis shall be used for establishing
the surcharge or surcharges. However, the Authority may, if it so
elects, accept the results of routine sampling and analyses by the
producer of such wastes in lieu of making its own sampling and analyses.
C.
Calculation of surcharges.
(1)
In the event that, after sampling and analysis as prescribed in Subsection B hereof, any industrial or commercial waste is found by the Authority to have pollutants of BOD concentration in excess of 250 milligrams per liter and/or total suspended solids concentration in excess of 250 milligrams per liter, the producer of said waste shall pay a strength-of-waste surcharge in addition to the regular sewage service charge, which surcharge shall be computed by using the following formula:
|
S = 0.00834 QI [(BODI - 250) TA + (TSSI - 250) TB]
|
|
Where:
|
|
S = The surcharge to be added to the basic user
charge.
|
|
QI = The industrial or
commercial waste flow expressed in million gallons.
|
|
0.00834 = A constant to convert waste concentration.
|
|
BODI and TSSI = The respective concentrations of BOD and total suspended
solids of the industrial or commercial waste expressed in milligrams
per liter.
|
|
250 = A constant which expresses the waste load
concentrations of BOD and total suspended solids for normal domestic
strength sewage in milligrams per liter.
|
|
TA and TB = The actual treatment costs incurred by the Authority per 1,000
pounds of BOD and total suspended solids, respectively. These costs
are determined annually by the Authority based upon actual costs of
operation and maintenance.
|
(2)
When a value of BOD and/or total suspended solids
is less than 250 milligrams per liter, then 250 milligrams per liter
shall be used in the calculation of the surcharge.
D.
Sampling fees and schedules. All industrial or commercial
users and all significant waste generators shall be assessed a fee
or service charge for each sampling to be performed by the Authority.
The fees to the user for each sampling shall include charges, as determined
by the Authority, for sample collection, analysis and administrative
services, and shall be in addition to any costs of sample collection
and analysis which the user performs or has performed independently
or privately.
Only sanitary sewage may be discharged into
the public sanitary sewage system except as may be authorized by the
Authority in accordance with the provisions of this article concerning
industrial waste discharge permits, waste hauler licenses, waste generator
permits and commercial discharge permits.
A.
Permits and licenses required. No sanitary sewage,
industrial waste, trucked industrial waste, holding tank waste or
septage shall be discharged to the treatment plant from any significant
industrial user, significant waste generator or waste hauler other
than that for which the following permits or licenses have been issued:
B.
Commercial discharge permits. When determined by the
Authority, a commercial establishment may be required to obtain a
commercial discharge permit.
C.
Permit and license applications.
(1)
All industrial users, waste generators and waste haulers proposing to contribute to the public sanitary sewage system shall make application for a permit or license according to Subsections A and B of this section. All existing significant industrial users, significant waste generators and waste haulers contributing to the treatment plant at the time of the adoption of this article shall apply for a permit or license within 30 days after the adoption of this article, and shall obtain a permit or license within 90 days after the effective date of this article. Any user required to apply for a permit or license shall complete and file an application form approved by the Authority, accompanied by a nonreturnable processing fee to be set by the Authority. Proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the treatment plant. In support of the application for an industrial waste discharge permit, commercial discharge permit, waste permit or waste hauler license, the user may be required to submit, in units and terms appropriate for evaluation, any of the following information, including but not limited to:
(a)
Name, address, location and phone number.
(b)
Standard industrial classification (SIC) number
according to the Standard Industrial Classification Manual, Bureau
of the Budget, 1987.
(c)
Names of responsible individuals.
(d)
Waste constituents and characteristics, before
and after pretreatment, as determined by a reliable analytical laboratory.
(e)
Time and duration of contribution.
(f)
Average daily waste flow rates and/or estimated
or required daily discharge volumes and frequency, including daily,
monthly and seasonal variations, if any.
(g)
Site plans, plumbing plans and details to show
all sewers, sewer connections and appurtenances by the size, location
and elevation.
(h)
Description of activities and plant processes
on the premises, including all materials which are or could be discharged.
(i)
Description of waste to be discharged.
(j)
Where known, the nature and concentration of any pollutants in the discharge which are limited by the Authority, state or federal pretreatment standards, and a statement reviewed by an authorized representative of the user (as defined in § 110-8 of the article), and certified to by a qualified professional, indicating whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional pretreatment is required for the user to meet applicable pretreatment standards.
(k)
If additional pretreatment and/or operations
and maintenance (O & M) will be required to meet with pretreatment
standards, the shortest schedule by which the user will provide such
additional pretreatment. The completion date in this schedule shall
not be later than the compliance date established for the applicable
pretreatment standard.
(l)
Make, model, year, capacity and vehicle registration
number of all vehicles to be used for transportation and discharge
at the treatment plant.
(m)
Number and type of employees and hours of operation
of the plant and the proposed or actual hours of operation of the
pretreatment system.
(n)
Any other information as may be deemed by the
Authority to be necessary to evaluate the permit application.
(2)
The Authority shall also have, at its discretion,
the right to inspect the premises, equipment and material and laboratory
testing facilities of the applicant. The completed application shall
be signed by the user's responsible individuals. The Authority will
evaluate the data furnished by the user for completeness and may require
additional information. After evaluation and acceptance of the data
furnished as a complete application, the Authority may for cause shown
either refuse to issue or may issue a permit or license subject to
terms and conditions provided herein.
(3)
If the application for a permit or license is denied
by the Authority or if the discharge indicated from the application
is not in accordance with the requirements of this article, the user
may have the Authority review the denial, provided that the user shall
give written notice of his request within 30 days after receiving
the denial. The Authority shall review the permit application, the
written denial and such other evidence and matters as the applicant
shall present at a public hearing following receipt of request for
its review, and the decision of the Authority rendered publicly shall
be final.
D.
Terms and conditions of permits and licenses. Permits
and licenses may include any of the following terms and conditions,
including, but not limited to:
[Amended 12-8-2008 by Res. No. 2-2008]
(1)
Maximum discharge flow rate;
(2)
Term of permit;
(3)
Definitions;
(4)
General limitations;
(5)
Specific limitations;
(6)
Special conditions;
(7)
Self-monitoring requirements (including sampling,
reporting, notification and recordkeeping);
(8)
Reopener clause;
(9)
Compliance schedules (if required);
(10)
Statements of applicable civil and criminal
penalties;
(11)
Statement of nontransferability; or
(12)
Best management practices.
E.
Industrial waste discharge permit and commercial discharge
permit. Industrial waste discharge permits and commercial discharge
permits shall be issued for a specified time period, not to exceed
five years. The user shall apply for permit reissuance a minimum of
90 days prior to the expiration of the user's existing permit, accompanied
by a nonreturnable processing fee to be set from time to time by resolution
of the Authority. The terms and conditions of the permit may be subject
to modification by the Authority during the term of the permit to
accommodate changing conditions and as local, state and federal laws,
rules and regulations are modified or amended, or other just cause
exists. The user shall be informed of any proposed changes in his
permit at least 60 days prior to the effective date of the change.
Any changes or new conditions in the permit shall include a reasonable
time schedule for compliance, including a comment period which shall
be the first 30 days of the sixty-day period prior to the effective
date of change.
F.
Waste permit and waste hauler licenses. Waste permits
and waste hauler licenses shall be issued for a specified time period,
not to exceed five years. Each significant waste generator or waste
hauler shall apply for a waste permit or waste hauler license reissuance
a minimum of 30 days prior to the expiration of the existing permit
or license, accompanied by a nonreturnable processing fee to be set
from time to time by resolution of the Authority. The terms and conditions
of the waste permit or waste hauler license shall be subject to modification
by the Authority during the term of the permit or license to accommodate
changing conditions and as local, state and federal laws, rules and
regulations are modified or amended, or other just cause exists.
[Amended 1-13-2014 by Res. No. 1-2014]
G.
Permit and license transfer. Permits and licenses
are issued to a specific operation. No permit or license shall be
assigned or transferred or sold to a new owner, new user, different
premises or a new or changed operation without the prior approval
of the Authority upon written application therefor accompanied by
a nonreturnable processing fee to be set from time to time by resolution
of the Authority. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit or license.
H.
Revocation of permits and licenses.
(1)
All permits and licenses are subject to revocation according to the provisions outlined in § 110-18 of this article.
(2)
In the event that any discharge of material to a sewer
shall materially and substantially differ in type or volume from that
shown in the application or permit, the person and user shall immediately
cease and desist from such discharge.
(3)
The Authority may suspend any permit, license and/or
waste treatment service when such suspension is necessary, in the
judgment of the Authority, in order to stop a discharge which presents
a hazard to the public health, safety or welfare, to the environment
or operations at the Authority's treatment plant or upon a finding
that the discharger has violated any provisions of this article. Any
discharger notified of such a suspension shall immediately stop the
discharge of all wastes into the system. The Authority may reinstate
the permit or license upon proof of satisfactory compliance with all
discharge requirements of this article and all other requirements
of the Authority.
(4)
In the event of a failure of a person to comply voluntarily
with the suspension order, the Authority may take such steps as deemed
necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the system or endangerment to any
individuals. The Authority may reinstate the permit, license and/or
the waste treatment service upon proof of the elimination of the noncomplying
discharge. A detailed written statement submitted by the user describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Authority within 15
days of the date of the occurrence.
[Amended 7-13-1998 by Res. No. 98-2]
An industrial waste discharge permit or a hauler
license or a waste permit or a commercial discharge permit may be
revoked by the Authority for, including but not limited to, the following
causes:
A.
Failure of a permittee or licensee to accurately report
his wastewater characteristics.
B.
Failure of a permittee to report significant changes
in operations which affect wastewater characteristics.
C.
Refusal of access to the permittee's premises or licensee's
vehicle for the purpose of inspection or monitoring.
D.
Any violation of any condition of any permit or license
or this article.
E.
Falsification of self-monitoring reports.
F.
Application falsification.
G.
Tampering with monitoring equipment.
H.
Failure to meet compliance schedule.
A.
Compliance schedules required. If additional pretreatment
and/or operation and maintenance procedures are required for a permittee
to meet all applicable regulations contained herein, the shortest
schedule by which the permittee can provide such additional pretreatment
and/or operation and maintenance procedures may be issued by the Authority
or submitted by the permittee to the Authority for review and approval.
The completion date for this schedule shall not be later than the
compliance date established for applicable pretreatment standards.
The Authority shall have the right to deny or to require the modification
of proposed compliance schedules.
B.
Compliance schedule increments of progress. The schedule
shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the permittee
to meet the applicable pretreatment standards (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contracts
for major components, commencing construction, completing construction,
etc.).
C.
Time limits for increments of progress. No increment
of progress shall exceed nine months.
D.
Compliance schedule; compliance reports. Not later
than 14 days following each date in the schedule and the final date
for compliance, the user shall submit a progress report to the Authority,
including, as a minimum, whether or not it complied with the increment
of progress to be met on such date and, if not, the date on which
the user expects to comply with this increment of progress, the reason
for delay and the steps being taken by the permittee to return to
the schedule established. In no event shall more than nine months
elapse between such progress reports to the Authority. Failure to
meet required milestone dates shall constitute a violation of this
article.
A.
Record retention requirements. All users shall maintain
and retain all records, including, but not limited to, documentation
associated with best management practices, relating to wastewater
discharged for a period of not less than three years and shall afford
the Authority access thereto at all reasonable times. This period
of retention shall be extended during the course of any unresolved
litigation. Such records shall include for all samples:
[Amended 12-8-2008 by Res. No. 2-2008]
B.
Availability of records. All records maintained by
users relating to compliance with pretreatment standards shall be
made available to officials of the EPA, DEP and the Authority for
inspection and copying upon request.
As a condition precedent to the issuance of
an industrial waste discharge permit, the Authority shall require
industrial users to enter into agreements with the Authority containing
such provisions as the Authority deems appropriate in furtherance
of its effort to comply with regulations promulgated by the EPA in
40 CFR Part 403. Industrial users shall comply with federal, state
and local statutes, ordinance rules and regulations and with the provisions
of such agreements and, in the event of conflict between provisions,
shall comply with whichever provision on a particular matter is most
stringent or more strict.
A.
General. Users shall provide necessary pretreatment as required to comply with this article and shall achieve compliance with all National Categorical Pretreatment Standards within time limitations as specified in 40 CFR Part 403, and amendments thereto. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review, and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures and approval of such plans as required by Subsection C of this section shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this article. Any subsequent changes in the pretreatment facilitates or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.
B.
Purposes and pretreatment. The Authority may require
the owner of an improved property to construct, operate and maintain
at his expense a pretreatment facility when, in the opinion of the
Authority, such facility is necessary to reduce quantities and/or
concentrations of pollutants or flows to:
C.
Review and approval of pretreatment facilities. If
required by the Authority, no pretreatment plant and facilities shall
be constructed or operated unless all plans, specifications, technical
operating data and other information pertinent to its proposed operation
and maintenance are reviewed by the Authority and found by the Authority
to conform to all Authority regulations and unless written approval
of the plans, specifications, technical operating data and biosolids
disposal methods has been obtained by the Authority from the EPA,
the Commonwealth of Pennsylvania and any other local, state or federal
agency having regulatory authority with respect thereto, provided
that such approval is required by those agencies.
D.
Pretreatment facility maintenance requirement. All
such pretreatment facilities as required by this article shall be
maintained continuously in satisfactory and effective operating conditions
by the user or person operating and maintaining the facility served
thereby, and at the user's expense. The Authority shall have access
to such facilities at all reasonable times for purposes of inspection
and testing.
E.
Rejection of waste if not adequately pretreated. The
Authority reserves the right to reject admission to the system of
any waste harmful to the public sanitary sewage system or to the receiving
stream, to compel discontinuance of use of the public sanitary sewage
system or to compel pretreatment of industrial wastes in order to
prevent discharges deemed harmful to or having a deleterious effect
upon any portion of the public sanitary sewage system or receiving
stream.
A.
Self-monitoring reports.
[Amended 12-8-2008 by Res. No. 2-2008]
(1)
All
significant industrial users shall submit at least twice annually
to the Authority a self monitoring report on a form approved by the
Authority indicating the nature and concentration of pollutants in
the waste discharged to the Authority treatment plant which are of
particular concern to the Authority and which are limited by this
article. The waste characteristics to be measured and reported shall
be determined by the Authority and specified in the industrial waste
discharge permit or waste permit. All wastewater samples must be representative
of the user's discharge. In cases where the article requires compliance
with a best management practice or pollution prevention alternative,
the user shall submit documentation as required by the Authority to
determine compliance of the user. If an industrial user monitors any
pollutant more frequently than required by the Authority, using the
procedures prescribed in 40 CFR 403.12 (g) (4), the results of this
monitoring shall be included in the report. In addition, this report
shall include flow information for the reporting period and shall
be signed by the user's responsible individuals. This report shall
be received by the Authority no later than the 30th day of the month
following the quarter for which the report is required.
(2)
All
categorical industrial users and categorical waste generators shall
submit at least twice annually to the Authority a self monitoring
report on a form approved by the Authority indicating the nature and
concentration of pollutants in the waste discharged to the Authority
treatment plant which are of particular concern to the Authority and
which are limited by this article. The waste characteristics to be
measured and reported shall be determined by the Authority and specified
in the industrial waste discharge permit or waste permit. All wastewater
samples must be representative of the user's discharge and, for all
parameters required to be analyzed utilizing a grab sample, a minimum
of one grab sample must be collected and analyzed for each parameter.
In cases where the resolution requires compliance with a best management
practice or pollution prevention alternative, the User shall submit
documentation as required by the Authority to determine compliance
of the User. If a categorical industrial user or categorical waste
generator monitors any pollutant more frequently than required by
the Authority, using the procedures prescribed in 40 CFR 403.12 (g)
(4), the results of this monitoring shall be included in the report.
In addition, this report shall include flow information for the reporting
period, and shall be signed by the user's responsible individuals.
This report shall be received by the Authority no later than the 30th
day of the month following the period for which the report is required.
(3)
All
significant waste generators shall submit at least annually to the
Authority a self monitoring report on a form approved by the Authority
indicating the nature and concentration of pollutants in the waste
discharged to the Authority treatment plant which are of particular
concern to the Authority and which are limited by this resolution.
The waste characteristics to be measured and reported shall be determined
by the Authority and specified in the industrial waste discharge permit
or waste permit. All wastewater samples must be representative of
the user's discharge and, for all parameters required to be analyzed
utilizing a grab sample, a minimum of one grab sample must be collected
and analyzed for each parameter. In cases where the resolution requires
compliance with a best management practice or pollution prevention
alternative, the user shall submit documentation as required by the
Authority to determine compliance of the user. If a significant waste
generator monitors any pollutant more frequently than required by
the Authority, using the procedures prescribed in 40 CFR 403.12 (g)
(4), the results of this monitoring shall be included in the report.
In addition, this report shall include flow information for the reporting
period, and shall be signed by the user's responsible individuals.
This report shall be received by the Authority no later than the 30th
day of the month following the period for which the report is required.
B.
Responsible individuals. All significant industrial
users, significant waste generators, licensed waste haulers and industrial
users issued commercial discharge permits shall designate responsible
individuals as described by this article.
C.
Signatory requirements. All reports submitted pursuant
to requirements outlined in this article, including but not limited
to the baseline monitoring report, the self-monitoring report and
the report on compliance with National Categorical Pretreatment Standards
or ninety-day compliance report shall be signed by the user's responsible
individuals.
D.
Certification requirements. All reports referenced in this section, as well as industrial waste discharge permit applications, waste permit applications and waste hauler license applications submitted pursuant § 110-16 of this article, shall include the following statement:
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I certify, under penalty of law, that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that quality personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief true, accurate
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
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E.
Monitoring manholes. Whenever required by the Authority,
the owner of any property served by a building sewer carrying wastewater
and material shall install a large manhole or sampling chamber, flow-metering
chamber, flow-monitoring equipment, pH-monitoring equipment and other
appurtenances in the building sewer to facilitate the observation,
sampling and measurement of the combined flow of wastes from the user's
premises into the public sanitary sewage system. These monitoring
facilities shall be constructed in accordance with plans and specifications
approved by the Authority and installed and maintained at all times
at the user's expense. There shall be ample room in each sampling
chamber to accurately sample and composite samples for analysis. The
chamber shall be safely and easily and independently (of other premises
and buildings of users) accessible to authorized representatives of
the Authority at all times. When construction of a sampling chamber
and monitoring facilities are not economically or otherwise feasible
in the opinion of the Authority, alternative arrangements for sampling
and monitoring may be made at the discretion of the Authority.
F.
Flow monitoring and recording. Each flow-measuring
chamber shall contain a Parshall flume, weir or similar device with
a recording and totalizing register for measuring liquid quantity;
or the metered water supply to the industrial plant may be used as
a measure of liquid quantity where it is substantiated by the Authority
that the metered water supply and waste quantities are approximately
equal or where a measurable adjustment agreed to by the Authority
is made in the metered water supply to determine the liquid waste
quantity.
G.
Sampling by Authority. Samples shall be taken as deemed appropriate by the Authority. All significant industrial users shall be sampled by the Authority at least once per year. Such sampling shall be done as prescribed by the Authority to ensure that the compliance of the user is determined with a reasonable degree of certainty for the entire reporting period. Samples shall be taken at the manhole or metering chamber referred to in Subsection E of this section or, in the absence of such manhole or metering chamber, at such place as the Authority shall determine will provide a representative sample of the discharge and shall represent the entire flows from the significant industrial user.
H.
Inspection and verification of sampling and testing.
The sampling frequency, sampling device, sampling methods and analyses
of samples shall be subject, at any time, to inspection and verification
by the Authority.
I.
Sampling and testing methods. All sampling measurements,
tests and analyses of the characteristics of waters and wastes shall
be determined in accordance with procedures contained in 40 CFR Part
136, and amendments hereto, or any other method approved by the EPA.
J.
Confidentiality of information.
(1)
The Authority shall consider all information regarding
an industrial user's or waste generator's effluent characteristics
as being nonconfidential and may make all such information available
to the public without restriction, unless the user specifically requests
and is able to demonstrate to the satisfaction of the Authority that
the release of such information would divulge information of processes
or methods of production entitled to protection as trade secrets of
the user.
(2)
Upon written request, at the time of submission of
the data by the industrial user or waste generator furnishing a report,
permit application or answering a questionnaire, those portions of
any document which might disclose trade secrets or secret processes
shall not be disclosed to any person other than to duly authorized
representatives of the EPA or DEP. Any effluent data of a user's waste
will not be recognized as confidential information or as a trade secret.
K.
Sampling and testing costs. When the Authority conducts
its own sampling and/or analyses of wastes discharged by any user,
the Authority may make or have made any such tests, and the user shall
reimburse the Authority for the full cost thereof. Such costs shall
be established by resolution annually.
L.
Ninety-day compliance reports.
(1)
Within 90 days following the date for final compliance
with applicable National Categorical Pretreatment Standards or, in
the case of a new source, following commencement of the introduction
of wastewater into the treatment plant, any industrial user or waste
generator subject to National Categorical Pretreatment Standards and
Requirements shall submit to the Authority a report containing the
information listed in 40 CFR Part 403.12(b)(4) through (6) indicating
the nature and concentration for all pollutants in the discharge from
the regulated process which are limited by the National Categorical
Pretreatment Standards and the average and maximum daily flow for
these process units in the user facility which are limited by such
pretreatment standards. Industrial users or waste generators subject
to equivalent mass or concentration limits established in accordance
with 40 CFR Part 403.6(c) must include in the report a reasonable
measure of the user's long-term production rate. For all other industrial
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.
(2)
The report shall indicate the compliance status of
the user with the applicable pretreatment standards as listed in 40
CFR 403.12(b) and (d), whether the applicable pretreatment standards
are being met on a consistent basis and, if not, what additional operation
and maintenance and/or pretreatment is necessary to bring the user
into compliance with all applicable pretreatment standards. This statement
shall be signed by the user's responsible individuals.
M.
Baseline monitoring reports. All industrial users
and waste generators subject to National Categorical Pretreatment
Standards shall submit to the Authority, within 180 days after 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, a report (baseline monitoring report) which indicates the
compliance status of the user with the applicable National Categorical
Pretreatment Standards as listed in 40 CFR 403.12(b).
N.
New or increased contributions. All industrial users,
waste haulers or waste generators shall immediately notify the Authority
prior to any changes in the volume or character of their waste discharge
or in the operation of their pretreatment processes that may result
in interference or pass-through at the treatment plant, or affect
the potential for a slug discharge to the treatment plant. The Authority
reserves the right to deny the admission of or to require the pretreatment
of all discharges to the public sanitary sewage system.
[Amended 12-8-2008 by Res. No. 2-2008]
O.
Mass limitations. The Authority may impose mass limitations on users which, in the opinion of the Authority, are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection L of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass, where required by the Authority, of pollutants contained herein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in accordance with procedures established by EPA pursuant to Section 304(g) of the CWA and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by EPA.
P.
Notice of violation/resampling requirement. If sampling
performed by an industrial user or significant waste generator indicates
a violation, the industrial user or significant waste generator shall
notify the Authority within 24 hours of becoming aware of the violation.
The industrial user or significant waste generator shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the Authority within 30 days after becoming aware of the violation
pursuant to 40 CFR 403.12 (g). Where the Authority has performed the
sampling and analysis in lieu of the industrial user or significant
waste generator, the Authority must perform the repeat sampling and
analysis within 30 days unless it notifies the industrial user or
significant waste generator of the violation and requires the industrial
user or significant waste generator to perform the repeat analysis.
[Amended 12-8-2008 by Res. No. 2-2008]
All permitted industrial users shall be subject
to an annual fee to defray the cost of administration of this article.
The annual fee shall be set from time to time by resolution of the
Authority.
All connected and nonconnected users utilizing
the services of the Authority under this article shall be subject
to an administrative fee to defray the cost of processing invoices,
bills and other charges and fees for such services. The administrative
fee shall be set from time to time by resolution of the Authority.
Enforcement actions taken by the Authority shall
be consistent with an enforcement response plan maintained at the
wastewater treatment plant offices.
A.
General. Any duly authorized employee or agent of
the Authority bearing credentials which so identify them shall be
permitted at any reasonable time to enter upon all properties served
by the treatment plant or all properties generating trucked waste
for discharge to the treatment plant, or licensed vehicles transporting
waste for the purpose of discharge at the treatment plant, for the
purpose of inspecting, observing, measuring, sampling and testing,
as may be required in pursuance of the implementation and enforcement
of the terms and provisions of this resolution. Any records of monitoring
activities or results maintained by any user shall be made available
for inspection and copying by the Authority and/or the DEP and/or
the EPA. Users may be required by the Authority to install monitoring
equipment, as per 40 CFR 403.8 (f) (1) (v).
[Amended 12-8-2008 by Res. No. 2-2008]
B.
All significant industrial users and all significant
waste generators shall be inspected by the Authority at least once
per year.
A.
General. The Authority reserves the right to seek
injunctive relief for noncompliance by any industrial user or waste
generator with any pretreatment standard or pretreatment requirement
or for noncompliance by any person with any provision of this article.
B.
The Authority, through counsel, may petition the court
for the issuance of a preliminary or permanent injunction (or both,
as may be appropriate), which restrains or compels the activities
on the part of the industrial user, waste generator or person, including
a prayer for payment of costs and attorney's fees as may be authorized
by law. In addition, the Authority shall have such remedies to collect
all fees incurred by the Authority as a result of this petition as
it has to collect other sewer service charges.
A.
General. The Authority may order any industrial user
which causes or contributes to a violation of this article or industrial
waste discharge permit or order issued hereunder to show cause why
a proposed enforcement action should not be taken. Notice shall be
served on the industrial user specifying the time and place for the
meeting, the proposed enforcement action and the reasons for such
action and a request that the user show cause why this proposed enforcement
action should not be taken.
B.
The notice of the meeting shall be served personally
or by registered or certified mail to any principal executive, general
partner, corporate officer or owner of the industrial user at least
10 days prior to the hearing. Whether or not a duly notified industrial
user appears as noticed, immediate enforcement action may be pursued.
A.
General.
(1)
The Authority may suspend the waste treatment service
and/or industrial waste discharge permit, waste permit, waste hauler
license or commercial discharge permit whenever such suspension is
necessary in order to stop an actual or threatened discharge presenting
or causing an imminent or substantial endangerment to the health or
welfare of persons, the public sanitary sewage system or the environment.
(2)
Any user notified of a suspension of the waste treatment service and/or industrial waste discharge permit, waste permit, waste hauler license or commercial discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Authority shall take such steps as deemed necessary, including the immediate severance of the sewer connection, to prevent or minimize damage to the treatment plant, its receiving stream or endangerment to any individuals. The Authority may allow the user to recommence its discharge when the endangerment has passed, unless the permit revocation proceedings set forth in § 110-17H of this article are initiated against the user.
B.
Report requirements. Any industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Authority prior to the date of a show-cause hearing as described in § 110-29 of this article.
A.
General. Notwithstanding any other section of this
article, any user, commercial user, industrial user or waste generator
or waste hauler who is found to have violated any provision of this
article or commercial discharge permit or industrial waste discharge
permit or waste permit or hauler license or order issued hereunder
shall be fined in an amount up to $1,000 per violation. Each day on
which noncompliance shall occur or continue shall be deemed a separate
and distinct violation. All fine money shall be made payable to the
Authority. The Authority shall have such other collection remedies
as it has to collect other service charges. Unpaid charges, fines
and penalties shall constitute a lien against the individual user's
property.
B.
Appeals. Users who desire to dispute such fines must
file a request before the Authority to reconsider the fine within
10 working days of being notified of the fine.
A.
General. Any person who violates any substantive or procedural provision of §§ 110-9 through 110-14 hereof or any term or condition of any industrial waste discharge permit, commercial discharge permit or waste permit shall be subject to a civil penalty not to exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
B.
Appeals. Users who desire to dispute such fines must
file a request before the Authority to reconsider the fine within
10 working days of being notified of the fine.
A.
General. Any person who willfully or negligently violates
any provision of a municipal ordinance incorporating the provisions
of this article, or who violates any condition of an industrial waste
discharge permit, a waste permit, a hauler license, a commercial discharge
permit or an order issued pursuant to this article and incorporating
ordinance is guilty of a summary offense, and following institution
of a summary proceeding by the municipality and upon conviction, such
person shall be subject to a fine of not less than $100 nor more than
$1,000 for each separate offense, and, in default of the payment of
such a fine, a person shall be imprisoned for a period of 30 days.
B.
Partnership, corporations and associations. If such
person violating the provisions of this article shall be a partnership,
then the members thereof or, if such person be a corporation or association,
then the officers, members, agents, servants or employees thereof
shall, in default of payment of any fine levied under this section,
be imprisoned in the county prison.
C.
Continuing violations. Each day of continued violation
of any provision of this article and incorporating ordinance shall
constitute a separate offense.
D.
Transfer of fine money. All fine money assessed through
suit or summary proceedings before any District Justice, pursuant
to this section, shall be transferred to the municipality instituting
the summary proceeding for the use and benefit of the Valley Forge
Sewer Authority.
Whenever the Authority determines that any industrial user or waste generator or waste hauler has violated any provisions of any permit or license issued under any section of this article, or a compliance schedule issued under § 110-19 of this article, the Authority or its duly authorized representative shall serve upon said user a written notice of violation. Within 10 working days of the receipt of this notice, a written response to this notice, including an explanation of the cause of the violation and a plan for the correction and prevention thereof, shall be submitted to the Authority by the user. 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.
The Authority shall at least annually publish
in the largest daily newspaper published in the area encompassed by
the Authority a list of the users which were significantly violating
applicable pretreatment standards or requirements or other provisions
of this article, or who were determined to be in significant noncompliance
during the 12 previous months. Significant noncompliance shall be
determined according to the standards as defined in 40 CFR Part 403.8(f)(2)(vii).
