[Amended 7-13-1998 by Res. No. 98-2]
A comprehensive program of waste control has been established by the Valley Forge Sewer Authority in order to maintain operational stability of the wastewater treatment plant, to produce a quality effluent and clean reusable biosolids, to protect worker and citizen health and safety and to keep equipment and property owned or operated by the Authority in good operating order.
A. 
In order to control the quality and quantity of waste processed through the wastewater collection system and/or received at the Authority's treatment facility, waste types have been differentiated based on sources and characteristics and include the following:
(1) 
Sanitary sewage.
(2) 
Industrial waste.
(3) 
Sewage, also referred to as "wastewater."
(4) 
Septage.
(5) 
Holding tank waste.
(6) 
Trucked industrial waste.
(7) 
Waste.
B. 
Individual control mechanisms used to regulate users include industrial waste discharge permits which are issued to generators of industrial wastes (significant industrial users), waste permits which are issued to generators of trucked industrial wastes (significant waste generators) and licenses which are issued to haulers of wastes generated from nonconnected users (including septage, holding tank wastes and trucked industrial wastes).
C. 
The Authority's monitoring program specifies that, at a minimum, all significant industrial users must be inspected once per year, while all significant users and significant waste generators must be sampled once per year. In addition to monitoring by the Authority, quarterly self-monitoring for all significant industrial users and at least annual sampling by significant waste generators is required.
D. 
The enforcement response to a violation of the chapter or any permit or license is based on the enforcement response plan developed by the Authority. Enforcement tools include notices of violation, administrative fines, civil penalties, criminal penalties, injunctive relief, compliance schedules and permit or license revocation.
A. 
Definitions: monitoring. Except where noted, the following words and phrases shall have the same meanings as defined in Article II of this chapter.
(1) 
Composite sample.
(2) 
Daily composite sample.
(3) 
Grab sample (or instantaneous grab sample).
(4) 
Normal domestic strength sewage.
(5) 
pH.
(6) 
Total solids.
(7) 
Dissolved solids.
(8) 
Total suspended solids.
(9) 
BOD (biochemical oxygen demand).
B. 
Definitions: regulations. Except where noted, the following words and phrases shall have the same meanings as defined in Article II of this chapter.
(1) 
Stormwater.
(2) 
"Unpolluted water or waste" shall mean water that has not had its pollutant level raised by the user or any water or waste containing none of the following: free or emulsified grease or oil in detectable levels; pH less that 6.0 or greater than 9.5; phenols or other substances imparting taste and odor to receiving waters; toxic pollutants or poisonous substances in suspension, colloidal state or solution; obnoxious or odorous gases. It shall contain not more than 1,000 milligrams per liter by weight of dissolved solids of which not more than 250 milligrams per liter shall be chloride and not more than 10 milligrams per liter each of total suspended solids and BOD. The color shall not exceed 50 color units. Analysis of the above-mentioned substances shall be made in accordance with 40 CFR Part 136, and amendments thereto, or any method approved by the EPA.
(3) 
Best management practices.
[Added 12-8-2008 by Res. No. 2-2008[1]]
[1]
Editor’s Note: This resolution also provided for the renumbering of former Subsection B(3) through (10) as Subsection B(4) through (11), respectively.
(4) 
Interference.
(5) 
Garbage.
(6) 
Ground garbage.
(7) 
Groundwater.
(8) 
Toxic pollutant.
(9) 
Slug.
(10) 
Objectionable waste.
(11) 
Pass-through.
C. 
Definitions: federal and state requirements. Except where noted, the following words and phrases shall have the same meanings as defined in Article II of this chapter.
(1) 
Environmental Protection Agency (EPA).
(2) 
"National Prohibitive Discharge Standard or Prohibitive Discharge Standard" refers to any regulation developed under the authority of Section 307(b) of the CWA and 40 CFR, Section 403.5.
(3) 
National Categorical Pretreatment Standard.
(4) 
New source.
(5) 
Significant industrial user.
(6) 
Significant noncompliance (SNC).
D. 
Definitions: surcharges and fees. Except where noted, the following words and phrases shall have the same meanings as defined in Article II of this chapter.
(1) 
Industrial user.
(2) 
Industrial waste.
E. 
Definitions: administration/permits. Except where noted, the following words and phrases shall have the same meanings as defined in Article II of this chapter.
(1) 
User.
(2) 
Holding tank waste.
(3) 
Nonconnected user.
(4) 
Responsible individuals.
(5) 
Commercial discharge permit.
[Amended 7-13-1998 by Res. No. 98-2]
(6) 
Septage.
(7) 
Sewage, also referred to as "wastewater."
(8) 
Industrial user.
(9) 
Industrial waste discharge permit.
(10) 
Significant waste generator.
(11) 
Trucked industrial waste.
(12) 
Waste.
(13) 
Waste generator.
(14) 
Waste hauler.
(15) 
Waste hauler license.
(16) 
Waste permit.
F. 
Definitions: records. Except where noted, the following words and phrases shall have the same meanings as defined in Article II of this chapter.
(1) 
Person.
(2) 
Report on compliance with National Categorical Pretreatment Standards.
(3) 
Baseline monitoring report.
A. 
The legal authority for permitting, monitoring, fee collection and enforcement is obtained through the Valley Forge Sewer Authority resolution as allowed by Pennsylvania law, through the following sections:
(1) 
Permitting: Section 110-18A states that no sanitary sewage or industrial waste from any SIU other than that for which an industrial waste discharge permit has been issued shall be discharged to the public sanitary sewage system.
(2) 
Permitting: Section 110-18A states that no waste from any significant waste generator other than that for which a waste permit has been issued shall be discharged to the public sanitary sewer system.
(3) 
Licensing: Section 110-18A states that no trucked industrial waste, holding tank waste or septage shall be discharged to the treatment plant from any person other than a licensed waste hauler.
(4) 
Monitoring: Section 110-24G states that samples may be taken as deemed appropriate by the Authority. (SIU's sampled at least once per year.)
(5) 
Monitoring: Section 110-28 states that agents of the Authority shall be permitted to enter and inspect properties for the purpose of inspecting, observing, measuring, sampling and testing. Records shall be made available for inspection and copying. All SIU's will be inspected at least once per year.
(6) 
Fee collection: Section 110-16 allows for surcharges to be imposed for the treatment of industrial wastes and permits the Authority to charge for sampling and testing.
(7) 
Enforcement: Sections 110-27 through 110-36 outlines the enforcement tools available to the Authority, including injunctive relief (§ 110-28), show-cause hearing (§ 110-29), emergency response (§ 110-30), administrative fine (§ 110-31), civil penalty (§ 110-32), criminal penalty (§ 110-33), notice of violation (§ 110-34) and public notification (§ 110-35).
B. 
The scope of control. The Valley Forge Sewer Authority resolution addressed the following dischargers: [1]
(1) 
User.
(2) 
Person.
(3) 
Owner.
(4) 
Connected user.
(5) 
Nonconnected user.
(6) 
Domestic user.
(7) 
Sanitary sewage.
(8) 
Industrial user.
(9) 
Significant industrial user.
(10) 
Commercial user or commercial establishment.
[Amended 7-13-1998 by Res. No. 98-2]
(11) 
Significant waste generator.
(12) 
Waste hauler (WH).
(13) 
Tier I waste.
(14) 
Tier II waste.
[1]
Editor's Note: Except where noted, the following words and phrases shall have the same meanings as defined in Article II.
C. 
The following sections in the VFSA resolution apply to users of the public sanitary sewage system as follows:
Section
Applicability
110-10
General discharge prohibitions
All users
B(1)
Unpolluted water prohibition
All users
B(2)
Stormwater prohibited
All users
B(3)
Dilution of wastes prohibited
All users
B(4)
Grease and oil prohibitions
All users
B(5)
Other general prohibitions
All users
(a)
Interference
All users
(b)
Fire or explosion
All users
(c)
Gases or vapors
All users
(d)
Garbage that is not ground
All users
(e)
Solid or viscous materials
All users
(f)
Toxic materials
All users
(g)
High strength wastes
All users
(h)
Toxic radioactive isotopes
All users
(i)
EPA or DEP prohibited material
All users
(j)
Slugs
All users
(k)
Pass through
All users
110-11
Specific discharge prohibitions
All users
(Subsections A through D)
Specific prohibitions
A.
Grease and oil
All users
B.
Temperature
All users
C.
Closed cup flash point
All users
D.
pH
All users
E.
Limits on the following:
Arsenic (total)
All Tier I users
Cadmium (total)
All Tier I users
Chromium (total)
All Tier I users
Chromium (hexavalent)
All Tier I users
Copper (total)
All Tier I users
Cyanide (total)
All Tier I users
Lead (total)
All Tier I users
Mercury (total)
All Tier I users
Nickel (total)
All Tier I users
Silver (total)
All Tier I users
Zinc (total)
All Tier I users
PCB's (total)
All Tier I users
F.
Limits on the following:
Arsenic (total)
All Tier II users
Cadmium (total)
All Tier II users
Chromium (total)
All Tier II users
Chromium (hexavalent)
All Tier II users
Copper (total)
All Tier II users
Cyanide (total)
All Tier II users
Lead (total)
All Tier II users
Mercury (total)
All Tier II users
Nickel (total)
All Tier II users
Silver (total)
All Tier II users
Zinc (total)
All Tier II users
PCB's (total)
All Tier II users
G.
Individual control limits
SIU's, SWG's
H.
Pass-through or interference
All users
I.
Color
All users
J.
H2S, SO2, NO2
All users
K.
Trucked waste, holding tank waste, septage
WH, SWG's
110-12
Federal and state requirements
All users
A.
DEP and EPA primary
All users
B.
Categorical standards
All users
C.
DEP standards
All users
110-13
Accidental discharge
A.
Accidental discharge and slug prevention
All users*
*only SIU and SWG required to submit plans.
B.
Notification
All users
C.
Report
All users
D.
Employee notices
All users
110-14
Grease and sand interceptors
All users
A.
Requirement
All users
B.
Maintenance
All users
110-15
Hazardous wastes
Notification requirement
All users
110-16
Surcharges
All IU's
A.
Requirement
All IU's
B.
Determination
All IU's
C.
Calculation
All IU's
D.
Sampling fees
All IU's
110-18
Permits and licenses
A.
Requirement
SIU's, SWG's, all WH's*
B.
Commercial discharge permits [Amended 7-13-1998 by Res. No. 98-2]
IU's
C.
Applications
IU's, SWG's, WH's
*Only SIU, SWG, WH required to obtain permits or license.
110-19
Permit revocation
SIU's, SWG's, WH's, IU's
110-20
Compliance schedules
All IU's
110-21
Record maintenance
All users
110-22
Industrial agreements
All IU's
110-23
Pretreatment and handling of industrial wastes
A.
Requirement
All owners
C.
Review and approval by Authority
All owners
D.
Maintenance
All owners
E.
Authority right to reject wastes
All owners
110-24
Sampling procedures and reporting criteria
A.
Self-monitoring reports
SIU's, SWG's
B.
Responsible individuals
All SIU's, SWG's, WH's, IU's
C.
Signatory requirements
All reports
D.
Certification requirements
All reports
Permit applications and license applications
E.
Sampling and observation manholes
All owners
G.
Sampling procedures and frequency
All owners*
*All SIU's sampled minimum once per year.
H.
Inspection and verification of sampling
All owners
I.
Reference to 40 CFR 136
All measurements
J.
Confidentiality
IU's, WG's
K.
Authority testing
All users
L.
Ninety-day compliance report
IU's, WG's
N.
New or increased contributions
IU's, WH's, WG's
O.
Mass limitations
IU's, WG's
110-28
Inspection rights
A.
Right to enter and inspect
Owners, WG's, WH's*
*Record inspection and copying for all users. Annual inspections for all SIU's and SWG's.
110-29
Injunctive relief
All IU's*
*Permit revocation relates to SIU's.
110-30
Show-cause hearing
All IU's*
*Permit revocation relates to SIU's.
110-31
Emergency response
All users*
*Permit suspension relates to SIU's.
Imminent endangerment report required by IU's.
110-32
Administrative fines
IU's, WG's, WH's*
*All users may dispute fines.
110-33
Civil penalties
All persons
110-34
Criminal penalties
All persons
110-35
Notice of violation
IU's, WH's
110-36
Public notification
IU's, WH's
D. 
Enforcement tools.
(1) 
Enforcement tools available to the VFSA include the following:
(a) 
Notice of violation.
(b) 
Compliance schedule.
(c) 
Administrative fine.
(d) 
Civil penalty.
(e) 
Criminal penalty.
(f) 
Injunctive relief.
(g) 
Permit/license revocation.
(h) 
Emergency termination of service.
(i) 
Show-cause hearing.
(j) 
Public notification.
(2) 
These enforcement tools are described in detail in Article II.
III.
Personal responsibilities.
A.
Program management and administration.
1.
Report solicitation and review.
a.
SMR's (all SIU's and SWG's quarterly).
b.
EMR's (all categorical users once).
c.
Ninety-day compliance reports (all categorical users once).
d.
Compliance schedule reports (as required).
e.
NOV response reports (as required).
f.
SWG's (at least annually).
2.
Report generation.
a.
EPA report (once per year).
b.
PADER report (Chapter 94) (once per year).
c.
NOV's (as required).
d.
Public notification (once per year).
3.
User inventory management.
a.
IU permit application solicitation and evaluation (as required).
i.
Contact with zoning and municipal officials.
ii.
Engineering and scientific evaluation.
iii.
Permit writing.
iv.
Legal review.
b.
IU permit renewal solicitations (as required; at least once per five years, each SIU).
c.
Waste permit application evaluation (as required).
i.
Technical review.
ii.
Permit writing.
d.
Waste permit renewal solicitations (as required; at least annually for each waste SWG).
e.
Waste hauler and IU agreements (as required).
i.
Technical review.
ii.
Permit writing.
f.
Waste hauler and IU agreement renewals (as required).
B.
Technical.
1.
Monitoring (sample collection) (at least once per year per SIU).
2.
Monitoring (sample analysis) (at least one sample per year per SIU).
3.
Monitoring (on-site inspections) (at least one inspection per SIU and SWG per year).
4.
Data review.
5.
Technical support (laboratory and engineering).
a.
Meeting with IU representatives (as required).
b.
Numeral limit reviews (at least once every five years in support of NPDES permit application).
C.
Enforcement response determination.
1.
Matrix formulation and periodic evaluation (as required).
2.
Application of matrix (as required by each instance of violation).
D.
Legal review and consulting.
1.
General (as required).
2.
Case specific (as required).
E.
User inventory control.
1.
Industrial users (annually).
2.
Significant industrial users (annually).
3.
Permitted commercial dischargers (annually). [Amended 7-13-1998 by Res. No. 98-2]
4.
Waste generators (twice per year).
5.
Significant waste generators (monthly).
6.
Waste haulers (annually).
F.
Monitoring procedures.
1.
Sampling frequency determination (annually).
2.
Inspection frequency determination (annually).
3.
Sampling parameter determination (as required by permit duration).
4.
Chain-of-custody procedures (annually).
5.
Analytical protocol (annually).
VI.
Enforcement response matrix.
A.
Enforcement tools.
1.
Phone call.
2.
NOV (notice of violation).
3.
Compliance schedules.
4.
Injunctive relief.
5.
Show-cause hearing.
6.
Administrative fine.
7.
Administrative order.
8.
Criminal penalties.
9.
Public notification.
10.
Permit revocation.
B.
Enforcement response selection criteria.
1.
Magnitude of the violation.
2.
Duration of the violation.
3.
Effect of the violation on the receiving water.
4.
Effect of the violation on the POTW.
5.
Compliance history of the IU.
6.
Perceived "good faith" of the IU.
Sample Enforcement Response Matrix. See attachment.[2]
[2]
Editor's Note: The Enforcement Response Matrix is on file in the office of the Business Manager.