[Adopted 9-2-2008 by Ord. No. 493[1]]
[1]
Editor's Note: This ordinance also superseded
Ord. No. 322, regarding wastewater management, adopted in 1993.
A.
This article shall be known and may be cited as the
"Upper Providence Township Wastewater Collection and Treatment Ordinance."
B.
This article is adopted pursuant to the authority
set forth in the Second Class Township Code,[1] the Pennsylvania Clean Streams Law (35 P.S. § 691.1
et seq.), and the Pennsylvania Sewage Facilities Act (Act of January
24, 1966), P.L. 1535, as amended, 35 P.S. § 750.1 et seq.,
also known as "Act 537." This article is also adopted pursuant to
the official Sewage Facilities Plan adopted for Upper Providence Township
pursuant to Act 537.
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
C.
This article sets forth uniform requirements for users
of the wastewater collection and treatment system of the Lower Perkiomen
Valley Regional Sewer Authority, as control authority, and enables
the Lower Perkiomen Valley Regional Sewer Authority to comply with
all applicable state and federal laws required by the Clean Water
Act [33 United States Code (U.S.C.) § 1251 et seq.) and
the General Pretreatment Regulations [Title 40 of the Code of Federal
Regulations (CFR) Part 403].
D.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the
POTW and wastewater system which will interfere with the operation
of the system or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the
POTW and wastewater system which will pass- through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system;
(3)
To protect both publicly owned treatment works personnel
who may be affected by wastewater and sludge in the course of their
employment and the general public;
(4)
To promote reuse and recycling of industrial wastewaters
and sludges from the system;
(5)
To provide for fees for the equitable distribution
of the cost of operation, maintenance and improvement of the POTW
and wastewater system; and
(6)
To enable the Lower Perkiomen Valley Regional Sewer
Authority, as control authority, to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other federal or state laws to which the publicly
owned treatment works is subject.
A.
This article provides for the regulation of direct
and indirect contributors to the POTW and wastewater system through
the issuance of permits to certain nondomestic users and, through
enforcement of general requirements for users, authorizes monitoring,
compliance, and enforcement activities, requires user reporting; assumes
that existing customer's capacity will not be preempted and provides
for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
B.
This article shall apply to all users of the POTW.
Except as otherwise provided herein, the Lower Perkiomen Valley Regional
Sewer Authority shall administer, implement, and enforce the provisions
of this article as the control authority.
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA.
If the user is a corporation:
The president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation; or
The manager of one or more manufacturing, production,
or operating facilities, provided the manager is authorized to make
management decisions that govern the operation of the regulated facility,
including having the explicit or implicit duty of making major capital
investment recommendations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with environmental
laws and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for wastewater
discharge permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
If the user is a partnership or sole proprietorship,
a general partner or proprietor, respectively.
If the user is a federal, state, or local governmental
facility, a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility or their designee.
The individuals described in Subsections A through C above may designate another duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to Lower Perkiomen Valley Regional Sewer Authority.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 143-55 and 143-56 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20 C. expressed in terms of concentration [milligrams per liter
(mg/l)].
A sewer conveying wastewater from the premises of a user
to the public sanitary sewer system of the POTW.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
National Categorical Pretreatment Standards, being any regulation
containing pollutant discharge limits promulgated by EPA in accordance
with Section 307(b) and (c) of the Act (33 U.S.C. § 1317)
which apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405 through 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The term "control authority" shall refer to Lower Perkiomen
Valley Regional Sewer Authority.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The discharge of treated or untreated wastewater directly
to the waters of the State of Pennsylvania.
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency, including the Regional
Water Management Division Director.
Any source of discharge that is not a new source.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollution from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C.
§ 1317) into the POTW (including holding tank waste discharge
into the system).
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act. In addition, industrial user shall also be defined
as an establishment which discharges or introduces industrial wastes
into the POTW.
The meaning ascribed to it in the Act of June 22, 1937, (P.L.
1987, No. 394) known as "The Clean Stream Law" and the regulations
adopted thereunder.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment process or operations or its sludge processes,
use or disposal; and, therefore, is the cause of a violation of the
Lower Perkiomen Valley Regional Sewer Authority's NPDES permit or
of the prevention of sewage sludge use or disposal in compliance with
any of the following statutory/regulatory provisions or permits issued
thereunder, or any more stringent state or local regulations: Section
405 of the Act; the Solid Waste Disposal Act, including Title II commonly
referred to as the "Resource Conservation and Recovery Act" (RCRA);
any state regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the
Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
Specific discharge limits developed and enforced by the control
authority upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users, as set forth in 40 CFR, Chapter I, Subchapter N, Parts 405
through 471.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of the proposed pretreatment
standards pursuant to the Section 307(c) of the Act, which will be
applicable to such source if the standards are thereafter promulgated
in accordance with that section, provided that:
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.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection A(2) or (3) or above, but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source, as defined under
subsection, has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly, or installation of
facilities or equipment; or
Significant site preparation work, including
clearing, excavation, or removal of existing buildings, structures,
or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
losses, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into the waters of the U.S.
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of the POTW's National Pollutant Discharge Elimination System ("NPDES")
permit, including an increase in the magnitude or duration of a violation.
The term "permittee" shall refer to the Lower Perkiomen Valley
Regional Sewer Authority as control authority.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
This definition includes all federal, state, and local governmental
entities.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution. A measure
of the acidity or alkalinity of a solution, expressed in standard
units.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal, and agricultural wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, by process changes, or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on a user. Any substantive
or procedural provision of the Federal Water Pollution Control Act
(62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June
22, 1937, (P.L. 1987, No. 394), known as "The Clean Streams Law,"
or any rule or regulation, ordinance or term or condition of a permit
or order adopted or issued by the Commonwealth or a POTW for the implementation
or enforcement of an industrial waste pretreatment program established
under the Federal Water Pollution Control Act or The Clean Streams
Law.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned and operated by the Lower
Perkiomen Valley Regional Sewer Authority. This definition includes
any sewers that convey wastewater to the POTW treatment plant, but
does not include pipes, sewers or other conveyances not connected
to a facility providing treatment. For the purposes of this article,
POTW shall also include any sewers that convey wastewaters to the
POTW from persons who are users of the POTW. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant. As used herein, POTW refers to the wastewater treatment plant
owned by Lower Perkiomen Valley Regional Sewer Authority.
Any sewage from holding tanks, such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Is mandatory; may is permissive.
An industrial user subject to categorical pretreatment
standards; or
An industrial user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater 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 Lower Perkiomen
Valley Regional Sewer Authority on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
The control authority may determine that an
industrial user subject to categorical pretreatment standards is a
nonsignificant categorical industrial user rather than a significant
industrial user on a finding that the industrial user never discharges
more than 100 gallons per day (gpd) of total categorical wastewater
(excluding sanitary, noncontact cooling and boiler blowdown wastewater,
unless specifically included in the pretreatment standard) and the
following conditions are met:
The industrial user, prior to the control authority's
finding, has consistently complied with all applicable categorical
pretreatment standards and requirements;
The industrial user annually submits the certification statement required in § 143-97B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated
concentrated wastewater.
Upon a finding that a user meeting the criteria in Subsection A(2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Lower Perkiomen Valley Regional Sewer Authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
An industrial user is in significant noncompliance if its
violation meets one or more of the specific criteria set forth in
40 CFR 403.8(f)(2)(vii). For purposes of this definition, an industrial
user is in significant noncompliance if its violation meets one or
more of the following criteria:
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §§ 143-55 through 143-63;
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined in §§ 143-55 through 143-63, multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement, as defined in §§ 143-55 through 143-63 (daily maximum, long-term average, instantaneous limit or narrative standard), that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment
or has resulted in the POTW's exercise of its emergency authority
under of this article to halt or prevent such a discharge;
Failure to meet, within 30 days after the schedule
date, a compliance schedule milestone contained in this article or
in an enforcement order.
Failure to provide, within 30 days after the
due date, any required reports such as baseline monitoring reports,
ninety-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules;
Failure to accurately report noncompliance;
Any other violation(s), which may include a
violation of best management practices, which the control authority
determines will adversely effect the operation or implementation of
the pretreatment program.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §§ 143-55 through § 143-63 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snowmelt.
The person designated by the control authority to supervise
the operation of the publicly owned treatment works.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Clean Water Act Section 307(a)
or other acts.
Any person who contributes, causes or permits the indirect
discharge of wastewater into the POTW.
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
The following abbreviations or acronyms shall
have the designated meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
AO
|
Administrative order
|
|
BAT
|
Best available treatment
|
|
BATEA
|
Best available technology economically achievable
|
|
BCT
|
Best control technology
|
|
BMP
|
Best management practices
|
|
BMR
|
Baseline monitoring report
|
|
B/N
|
Base neutral
|
|
BOD
|
Biochemical oxygen demand
|
|
BPJ
|
Best professional judgment
|
|
BPT
|
Best professional technology
|
|
CERCLA
|
Comprehensive Environmental Response, Compensation,
and Liability Act
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical industrial user
|
|
COD
|
Chemical oxygen demand
|
|
CSO
|
Combined sewer overflow
|
|
CWA
|
Clean Water Act
|
|
CWF
|
Combined waste stream formula
|
|
DMR
|
Discharge monitoring report
|
|
DSS
|
Domestic sewage study
|
|
EMS
|
Enforcement management system
|
|
EP
|
Extraction procedure
|
|
EPA
|
Environmental Protection Agency of the United
States
|
|
FDF
|
Fundamentally different factor
|
|
FOV
|
Finding of violation
|
|
FOG
|
Fats, oil, and grease
|
|
FR
|
Federal Register
|
|
FWA
|
Flow-weighted averaging
|
|
FWPCA
|
Federal Water Pollution Control Act
|
|
GC/MS
|
Gas chromatograph/mass spectrophotometry
|
|
gpd
|
Gallons per day
|
|
I + I
|
Infiltration and inflow
|
|
IU
|
Industrial user
|
|
IWS
|
Industrial waste survey
|
|
MAHL
|
Maximum allowable headworks loading
|
|
MGD
|
Million gallons per day
|
|
mg/l
|
Milligrams per liter
|
|
MOU
|
Memorandum of understanding
|
|
MSDS
|
Material safety data sheet
|
|
NIOSH
|
National Institute of Occupational Safety and
Health
|
|
NMP
|
National Municipal Policy
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NON
|
Notice of noncompliance
|
|
NOV
|
Notice of violation
|
|
OCPSF
|
Organic chemicals, plastics, and synthetic fibers
|
|
O&G
|
Oil and grease
|
|
O&M
|
Operations and maintenance
|
|
OSHA
|
Occupational Safety and Health Administration
|
|
OWEC
|
Office of Water Enforcement and Compliance
|
|
PAD
|
Proportioned actual domestic flow
|
|
PAH
|
Polynuclear aromatic hydrocarbons
|
|
PAI
|
Proportioned actual industrial flow
|
|
PASS
|
Pretreatment audit summary system
|
|
PCB
|
Polychlorinated biphenols
|
|
PCI
|
Pretreatment compliance inspection
|
|
PCME
|
Pretreatment compliance monitoring and enforcement
|
|
PCS
|
Permit compliance system
|
|
PIRT
|
Pretreatment Implementation Review Task Force
|
|
POTW
|
Publicly owned treatment works
|
|
ppd
|
Pounds per day
|
|
ppm
|
Parts per million
|
|
ppb
|
Parts per billion
|
|
PPETS
|
Pretreatment permits enforcement tracking system
|
|
PQR
|
Permit quality review
|
|
PSNS
|
Pretreatment standards for new sources
|
|
PSES
|
Pretreatment standards for existing sources
|
|
QA/QC
|
Quality assurance/quality control
|
|
QNCR
|
Quarterly noncompliance report
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
RNC
|
Reportable noncompliance
|
|
SARA
|
Superfund Amendments and Reauthorization Act
|
|
SIC
|
Standard industrial classification
|
|
SIU
|
Significant industrial user
|
|
SMP
|
Solvent management plan
|
|
SNC
|
Significant noncompliance
|
|
SPCC
|
Spill prevention control and countermeasures
|
|
SPMS
|
Strategic planning and management system
|
|
STP
|
Sewage treatment plant
|
|
STLC
|
Soluble threshold limit concentration
|
|
SUO
|
Sewer Use Ordinance
|
|
SWDA
|
Solid Waste Disposal Act
|
|
TCLP
|
Toxicity characteristic leachate procedure
|
|
TDS
|
Total dissolved solids
|
|
TICH
|
Total identifiable chlorinated hydrocarbons
|
|
TOMP
|
Toxic organic management plan
|
|
TRC
|
Technical review criteria
|
|
TRE
|
Toxicity reduction evaluations
|
|
TSS
|
Total suspended solids
|
|
TTO
|
Total toxic organics
|
|
TTLC
|
Total threshold limit concentration
|
|
USC
|
United States Code
|
|
VOA
|
Volatile organic analysis
|
|
VOC
|
Volatile organic compounds
|
|
VSS
|
Volatile suspended solids
|
|
WENDB
|
Water Enforcement National Data Base
|
|
WQA
|
Water Quality Act
|
|
WQS
|
Water quality standards
|
|
WWTP
|
Wastewater treatment plant
|
No user shall contribute, introduce or cause
to be contributed or introduced, directly or indirectly, into the
POTW any pollutant or wastewater which causes pass-through or interference.
These general prohibitions apply to all users of the POTW whether
or not the user is subject to categorical pretreatment standards or
any other national, state, or local pretreatment standards or requirements.
A.
No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances or wastewater:
(1)
Pollutants which create a fire or explosive hazard
in the POTW, including, but not limited to, waste streams with a closed-cup
flashpoint of less than 140° F. (60° C.) using the text methods
specified in 40 CFR 261.21;
(2)
Wastewater having a pH less than 5.0 or more than
10.0 or otherwise causing corrosive structural damage to the POTW
or equipment;
(3)
Solid or viscous substances in amounts which will
cause obstruction of the flow in the POTW resulting in interference
(but in no case solids greater than 1/2 inch in any dimension). The
following substances are also prohibited: ashes, cinders, sand, mud,
straw, metal, glass, bones, rags, feather, tar, plastic, wood, paunch
manure, whole blood or blood products, lye, building materials, rubber,
hair, shavings, leather, china, ceramic wastes, asphalt, paint, waxes,
butcher offal, porcelain, and bentonite;
(4)
Pollutants, including oxygen-demanding pollutants
(BOD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW;
(5)
Wastewater having a temperature greater than 104°
F. (40° C.), or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment
plant to exceed 104° F. (40° C.);
(6)
Petroleum oil, nonbiodegradable cutting oil, or products
of mineral oil origin in amounts that will cause interference or pass-through;
(7)
Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems;
(8)
Trucked or hauled pollutants or wastewater;
(9)
Noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or a hazard to life, or
to prevent entry into the sewers for maintenance or repair;
(10)
Wastewater which imparts color which cannot
be removed by the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the Lower
Perkiomen Valley Regional Sewer Authority's NPDES permit;
(11)
Wastewater containing any radioactive wastes
or isotopes;
(12)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, de-ionized water, noncontact cooling water, and unpolluted
wastewater;
(13)
Sludges, screenings, or other residues from
the pretreatment of industrial wastes;
(14)
Medical wastes;
(15)
Wastewater causing, alone or in conjunction
with other sources, the treatment plant's effluent to fail toxicity
test;
(16)
Detergents, surface-active agents, or other
substances which may cause excessive foaming in the POTW;
(17)
Wastewater causing an explosive hazard at the
point of discharge or at any point in the sewer interceptor system
or the POTW;
(18)
Any substance or condition which will cause
the POTW to violate its NPDES and/or State Disposal System Permit,
the receiving water quality standards, or any statute, rule, or regulation
of any public agency;
(19)
In no case shall a slug load have a flow rate
or contain concentration or qualities of pollutants that exceed any
time period longer than 15 minutes or contain more than five times
the average twenty-four-hour concentration of flow during normal operation,
or otherwise constitutes a slug discharge;
(20)
The discharge of toxic or hazardous wastes,
as defined in the Act or RCRA;
(21)
Total solids of such character or quantity as
to require unusual attention or expense in treatment;
(22)
Discharges prohibited by state or federal regulations;
(23)
Fats, oils, or greases of an animal or vegetable
origin in concentrations greater than 100 mg/l.
B.
When the control authority determines that a user
is contributing to the POTW any of the above-enumerated substances
in such amounts as to interfere with the operation of the POTW, the
control authority shall:
C.
Pollutants, substances or wastewater prohibited by
this section shall not be processed or stored in a manner that they
could be discharged to the POTW.
A.
The categorical pretreatment standards found at 40
CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated
in this article by reference as though set forth in full.
B.
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the control authority may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
C.
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the control authority shall impose an alternate limit using the combined
waste stream formula in 40 CFR 403.6(e).
D.
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
E.
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
Where the Lower Perkiomen Valley Regional Sewer
Authority's wastewater treatment system achieves consistent removal
of pollutants limited by national pretreatment standards, the Lower
Perkiomen Valley Regional Sewer Authority, as control authority, may
apply to the approval authority for modification of specific limits
in the National Pretreatment Standards. "Consistent removal" shall
mean reduction in the amount of a pollutant or alteration of the nature
of the pollutant by the wastewater treatment system to a less toxic
or harmless state in the effluent which is achieved by the system
in 95% of the samples taken when measured according to the procedures
set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal
Regulations, Part 403 "General Pretreatment Regulations for Existing
and New Sources of Pollution" promulgated pursuant to the Act. The
Lower Perkiomen Valley Regional Sewer Authority, as control authority,
may then modify pollutant discharge limits in the National Pretreatment
Standards if the requirements contained in 40 CFR 403.7 are fulfilled
and prior approval from the approval authority is obtained.
State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this article.
The Lower Perkiomen Valley Regional Sewer Authority, as control authority, reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 143-51 of this article.
No user shall ever increase the use of process
water or, in any way, attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation, unless expressly authorized by an applicable
pretreatment standard or requirement. The control authority may impose
mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
A.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the control
authority for review and shall be approved by the control authority
before construction of the facility. All existing users shall complete
such a plan by January 1, 1994. No user shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the control authority. Review and approval of such
plans and operating procedures shall not relieve the industrial user
from the responsibility to modify the user's facility as necessary
to meet the requirements of this article. In the case of an accidental
discharge, it is the responsibility of the user to immediately notify
the control authority of the incident. The notification shall include
location of discharge, type of waste, concentration and volume, and
corrective actions.
B.
Written notice. Within five days followings an accidental
discharge the user shall submit to the control authority a detailed
written report describing the cause of the discharge and the measures
to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred as a result of damage to
the POTW, fish kills, or any other damage to person or property; nor
shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed by this article or other applicable
law.
C.
Notice to employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall insure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
A.
The Lower Perkiomen Valley Regional Sewer Authority,
as control authority, is authorized to establish local limits pursuant
to 40 CFR 403.5(c).
B.
The following pollutant limits are established to
protect against pass-through, interference, and sludge contamination.
No person shall discharge wastewater containing in excess of the following
limits:
|
Parameter
|
Daily Maximum
(mg/l)
| |
|---|---|---|
|
Arsenic
|
0.425
| |
|
Cadmium
|
0.05
| |
|
Chromium
|
3.5
| |
|
Copper
|
1.0
| |
|
Cyanide
|
1.0
| |
|
Lead
|
1.0
| |
|
Mercury
|
0.002
| |
|
Nickel
|
1.1
| |
|
Oil and grease and fats of animal or vegetable
origin
|
100
| |
|
Oil and grease of petroleum origin, nonbiodegradable
cutting oil, mineral oil
|
25
| |
|
Silver
|
0.35
| |
|
Zinc
|
3.0
|
C.
The above limits apply at the point where the wastewater
is discharged to the sewer. All concentrations from metallic substances
are for total metal unless otherwise indicated. The above local limits
are based on maximum allowable headworks loadings (MAHL) as approved
by EPA. The Lower Perkiomen Valley Regional Sewer Authority, as control
authority, through the issuance of an industrial waste discharge permit,
may establish other effluent limits consistent with the approved MAHL.
No such permits, however, shall waive or abrogate federal or state
categorical pretreatment standards or regulations. Categorical concentrations
apply at the end of the process waste stream. No person shall discharge
wastewater containing in excess of allowable discharge limits as established
by the Lower Perkiomen Valley Regional Sewer Authority as control
authority. The Lower Perkiomen Valley Regional Sewer Authority, as
control authority, may impose mass limitations in addition to or in
place of the concentration-based limitations.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in §§ 143-55 through 143-63 of this article within the time limitations specified by EPA, the state, or the control authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the control authority for review and shall be acceptable to the control authority before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the control authority under the provisions of this article.
A.
Whenever deemed necessary, the control authority may
require users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate
sewage waste streams from industrial waste streams, and such other
conditions as may be necessary to protect the POTW and determine the
user's compliance with the requirements of this article.
B.
The control authority may require any person discharging
into the POTW to install and maintain, on his/her property and at
his/her expense, a suitable storage and flow control facility to ensure
equalization of flow. A wastewater discharge permit may be issued
solely for flow equalization.
C.
Grease, oil, and sand interceptors shall be provided
by the user when, in the opinion of the control authority, they are
necessary for the proper handling of wastewater containing excessive
amounts of grease and oil, or sand; except that such interceptors
shall not be required for residential users. All interception units
shall be of type and capacity approved by the control authority and
shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned, and repaired regularly,
as needed, by the user at its expense.
D.
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
The control authority shall evaluate whether
each significant industrial user needs an accidental discharge/slug
control plan or other action to control slug discharges. The control
authority may require any user to develop, submit for approval, and
implement such a plan. Alternatively, the control authority may develop
such a plan for any user. An accidental discharge/slug discharge control
plan shall address, at a minimum, the following:
A.
Description of discharge practices, including nonroutine
batch discharges;
B.
Description of stored chemicals;
C.
Procedures for immediately notifying the control authority
of any accidental or slug discharge, as required by this article;
and
D.
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
The Lower Perkiomen Valley Regional Sewer Authority
does not accept septic tank waste or industrial waste from haulers
or RCRA hazardous wastes.
It shall be unlawful to discharge to the POTW
or in any area under the jurisdiction of the control authority and/or
to the POTW any wastewater, except as authorized by the control authority
in accordance with the provisions of this article, subject to state
and federal laws and regulations.
When requested by the control authority, a user
must submit information on the nature and characteristics of its wastewater
within 30 days of the request. The control authority is authorized
to prepare a form for this purpose and may periodically require users
to update this information.
A.
No significant industrial user shall discharge wastewater
into the POTW without first obtaining a wastewater discharge permit
from the control authority. A permitted user may discharge for the
time period specified in the permit.
B.
The control authority may require other users to obtain
wastewater discharge permits as necessary to carry out the purposes
of this article.
C.
Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this article and subjects
the wastewater discharge permittee to the sanctions set out in this
article. Obtaining a wastewater discharge permit does not relieve
a permittee of its obligation to comply with all federal and state
pretreatment standards or requirements or with any other requirements
of federal, state, and local law.
Any user required to obtain a wastewater discharge
permit who was discharging wastewater into the POTW prior to the effective
date of this article, and who wishes to continue such discharges in
the future, shall within 30 days after said date, apply to the control
authority for a wastewater discharge permit in accordance with this
article. Said user shall not cause or allow discharges to the POTW
to continue after 30 days of the effective date of this article, except
in accordance with a wastewater discharge permit issued by the control
authority.
Any user required to obtain a wastewater discharge
permit who proposes to begin or recommence discharging into the POTW
must obtain such permit from the control authority prior to the beginning
or recommencing of such discharge. An application for this wastewater
discharge permit, in accordance with this article, must be filed at
least 90 days prior to the date upon which any discharge will begin
or recommence.
Users required to obtain a wastewater discharge
permit shall complete and file with the control authority an application
in the form prescribed in this article. The control authority may
require users to submit all or some of the following information as
part of a permit:
B.
Environmental permits. A list of any environmental
control permits held by or for the facility.
C.
Description of operations.
(1)
A brief description of the nature, average rate of
production (including each product produced by type, amount, processes,
and rate of production), and standard industrial classifications of
the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(2)
Types of wastes generated, and a list of all raw materials
and chemicals used or stored at the facility which are, or could accidentally
or intentionally be, discharged to the POTW;
(3)
Number and type of employees, hours of operation,
and proposed or actual hours of operation;
(4)
Type and amount of raw materials processed (average
and maximum per day);
(5)
Site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, floor drains, and appurtenances by
size, location, and elevation, and all points of discharge;
D.
Time and duration of discharges;
E.
The location for monitoring all wastes covered by
the permit;
F.
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 143-56 [40 CFR 403.6(e)].
G.
Measurement of pollutants.
(1)
The categorical pretreatment standards applicable
to each regulated process and any new categorically regulated processes
for existing sources.
(2)
The results of sampling and analysis identifying the
nature and concentration, and/or mass, where required by the standard
or by the control authority, of regulated pollutants in the discharge
from each regulated process.
(3)
Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be reported.
(4)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 143-92 of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
H.
Any other information as may be deemed necessary by
the control authority to evaluate the wastewater discharge permit
application.
I.
Incomplete or inaccurate applications will not be
processed and will be returned to the user for revision.
A.
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 143-97A.
B.
If the designation of an authorized representative
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 written
authorization satisfying the requirements of this section must be
submitted to the control authority prior to or together with any reports
to be signed by an authorized representative.
The control authority will evaluate the data
furnished by the user and may require additional information. Within
60 days of receipt of a complete wastewater discharge permit application,
the control authority will determine whether or not to issue a wastewater
discharge permit. The control authority may deny any application for
a wastewater discharge permit.
A wastewater discharge permit shall be issued
for a specified time period, not to exceed five years from the effective
date of the permit. A wastewater discharge permit may be issued for
a period less than five years at the discretion of the control authority.
Each wastewater discharge permit will indicate a specific date upon
which it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the control
authority to prevent pass-through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates the wastewater discharge
permit issuance date, expiration date and effective date;
(3)
Effluent limits, including best management practices,
based on applicable pretreatment standards;
(4)
Self monitoring, sampling, reporting, notification,
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency, and sample type based on federal, state, and local law;
(5)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 143-87B.
(6)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable federal, state or
local law;
(7)
Requirements to control slug discharge, if determined
by the control authority to be necessary; and
B.
Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge,
time of discharge, and/or requirements for flow regulation and equalization;
(2)
Requirements for the installation of pretreatment
technology, pollution control, or construction of appropriate containment
devices designed to reduce, eliminate, or prevent the introduction
of pollutants into the treatment works;
(3)
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices, necessary to adequately prevent accidental, unanticipated,
or nonroutine discharges;
(4)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(7)
A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(8)
Other conditions as deemed appropriate by the control
authority to ensure compliance with this article, and state and federal
laws, rules, and regulations.
The control authority shall provide public notice
of the issuance of a wastewater discharge permit. Any person, including
the user, may petition the control authority to reconsider the terms
of a wastewater discharge permit within 30 days of notice of its issuance.
A.
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection, and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
C.
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
D.
If the control authority fails to act within 30 days,
a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
E.
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas of Montgomery County
within 30 days of the final administrative wastewater discharge permit
decision.
The control authority may modify a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
A.
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
B.
To address significant alterations or additions to
the user's operation, processes, or wastewater volume or character
since the time of wastewater discharge permit issuance;
C.
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
D.
Information indicating that the permitted discharge
poses a threat to the POTW, Lower Perkiomen Valley Regional Sewer
Authority personnel, or the receiving waters;
E.
Violation of any terms or conditions of the wastewater
discharge permit;
F.
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
G.
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
H.
To correct typographical or other errors in the wastewater
discharge permit; or
I.
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
A.
Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without approval
of the control authority. Any succeeding owner or user shall also
comply with the terms and conditions of the existing permit, as well
as any additional terms and conditions which may be required as a
result of the proposed transfer.
B.
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 90 days'
advance notice to the control authority and it approves the wastewater
discharge permit transfer. The notice to the control authority must
include a written certification by the new owner or operator which:
D.
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
A.
The control authority may revoke a wastewater discharge
permit for good cause, including, but not limited to, the following
reasons;
(1)
Failure to notify the control authority of significant
changes to the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the control authority of changed conditions pursuant to § 143-88 of this article;
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the control authority or its designated
representative timely access to the facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the
wastewater discharge permit application;
(12)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement,
or any terms of the wastewater discharge permit or this article.
B.
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
A.
User with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application to the control authority, in accordance with § 143-73 of this article, a minimum of 90 days prior to the expiration of user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application form no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow monitoring devices used during the term of the prior permit.
A.
If a municipality or user located within another municipality
contributes wastewater to the POTW, the Lower Perkiomen Valley Regional
Sewer Authority, as control authority, shall enter into an intermunicipal
agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, the control authority shall request the following information from the contributing municipality:
C.
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1)
A requirement specifying that such ordinance and local
limits must be revised as necessary to reflect changes made to the
Lower Perkiomen Valley Regional Sewer Authority's resolution or local
limits;
(2)
A requirement for the contributing municipality to
submit a revised user inventory on at least an annual basis;
(3)
A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance, inspection
and sampling, and enforcement, will be conducted by the contributing
municipality; which of these activities will be conducted by the control
authority; and which of these activities will be conducted jointly
by the contributing municipality and the control authority;
(4)
A requirement for the contributing municipality to
provide the control authority with access to all information that
the contributing municipality obtains as part of its pretreatment
activities;
(5)
Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to the
POTW;
(6)
Requirements for monitoring the contributing municipality's
discharge;
(7)
A provision ensuring the control authority or its
designated representative access to the facilities of users located
within the contributing municipality's jurisdictional boundaries for
the purpose of inspection, sampling, and any other duties deemed necessary
by the control authority; and
(8)
A provision specifying remedies available for breach
of the terms of the intermunicipal agreement, and authorizing the
Lower Perkiomen Valley Regional Sewer Authority as control authority
to take legal action to enforce the terms of the contributing municipality's
ordinance or impose and enforce pretreatment standards.
A.
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information
set forth below:
(2)
Measurement of pollutants.
(a)
The user shall provide the information required in § 143-73G(1) through (4).
(b)
The user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this subsection.
(c)
Samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately downstream
from the regulated process if no pretreatment exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment, the
user should measure the flows and concentrations necessary to allow
use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate
compliance with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit along with supporting data shall be submitted
to the control authority.
(e)
The control authority may allow the submission
of a baseline report which utilizes only historical data so long as
the data provides information sufficient to determine the need for
industrial pretreatment measures.
(f)
The baseline report shall indicate the time,
date and place of sampling and methods of analysis, and shall certify
that such sampling and analysis is representative of normal work cycles
and expected pollutant discharges to the POTW.
(3)
Certification. A statement reviewed by the user's authorized representative, as defined in § 143-53, and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(4)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 143-85 of this article.
The following conditions shall apply to the schedule required by § 143-84B(4) of this article.
A.
The schedule shall contain progress increments (milestones)
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning
and conducting routine operation);
B.
No increment referred to above shall exceed six months;
C.
The user shall submit a progress report to the control
authority no later than 14 days following each date in the schedule
and the final date for compliance, including, as a minimum, whether
or not it complied with the increment of progress, the reason for
any delay and, if appropriate, the steps being taken by the user to
return the construction to the established schedule; and
D.
In no event shall more than one month elapse between
such progress reports to the control authority.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in §§ 143-73F and G and 143-84B(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 143-74 of this article.
A.
All SIUs are required to submit periodic compliance reports even if they have been designated a nonsignificant categorical industrial user under the provisions of § 143-87C.
B.
Except as specified in § 143-87C, all significant industrial users must, at a frequency determined by the control authority, submit no less than twice per year [June and December (or on dates specified)] reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user.
C.
The control authority may authorize an industrial
user subject to a categorical pretreatment standard to forego sampling
of a pollutant regulated by a categorical pretreatment standard if
the industrial user has demonstrated through sampling and other technical
factors that the pollutant is neither present nor expected to be present
in the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user. [See 40 CFR 403.12(e)(2).] This authorization
is subject to the following conditions:
(1)
The waiver may be authorized where a pollutant is
determined to be present solely due to sanitary wastewater discharged
from the facility, provided that the sanitary wastewater is not regulated
by an applicable categorical standard and otherwise includes no process
wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 143-73G(6).
(3)
In making a demonstration that a pollutant is not
present, the industrial user must provide data from at least one sampling
of the facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all
processes.
(5)
Nondetectable sample results may be used only as a
demonstration that a pollutant is not present if the EPA approved
method from 40 CFR Part 136 with the lowest minimum detection level
for that pollutant was used in the analysis.
(6)
Any grant of the monitoring waiver by the control
authority must be included as a condition in the user's permit. The
reasons supporting the waiver and any information submitted by the
user in its request for the waiver must be maintained by the control
authority for three years after expiration of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the control authority, the industrial user must certify on each report, with the statement in § 143-97C below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: comply with the monitoring requirements of § 143-87A, or other more frequent monitoring requirements imposed by the control authority, and notify the control authority.
(9)
This provision does not supersede certification processes
and requirements established in categorical pretreatment standards,
except as otherwise specified in the categorical pretreatment standard.
D.
Reduced reporting.
(1)
The control authority may reduce the requirement for periodic compliance reports [see § 143-87A; 40 CFR 403.12(e)(1)] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following:
(a)
One thousand two hundred eleven gallons per
day [0.01% of the POTW's design dry-weather hydraulic capacity (12.11
mgd) of the POTW], or 5,000 gallons per day, whichever is smaller,
as measured by a continuous effluent flow monitoring device unless
the industrial user discharges in batches.
(b)
One and twenty-five hundredth pounds per day
[0.01% of the design dry-weather organic treatment capacity (12,500
pounds per day) of the POTW]; and
(c)
The loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 143-58 of this article shall be below 0.01% of the maximum allowable headworks loading as set forth below:
|
Parameter
|
0.01% MAHL
(0.001 lbs/day)
| |
|---|---|---|
|
Arsenic
|
0.140
| |
|
Cadmium
|
0.040
| |
|
Chromium
|
1.800
| |
|
Copper
|
1.483
| |
|
Cyanide
|
1.453
| |
|
Lead
|
0.365
| |
|
Mercury
|
0.032
| |
|
Nickel
|
1.160
| |
|
Silver
|
2.732
| |
|
Zinc
|
2.400
|
(2)
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 143-53 of this article. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the control authority, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
E.
All periodic compliance reports must be signed and certified in accordance with § 143-74 of this article.
F.
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean, and maintained in good working
order at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
G.
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in § 143-93 of this article, the results of this monitoring shall be included in the report.
Each user must notify the control authority
of any planned significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 90 days before the change.
A.
The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 143-73 of this article.
C.
For purposes of this requirement, significant changes
include, but are not limited to, flow increases of 20% or greater,
and the discharge of any previously unreported pollutants.
A.
In the case of any discharge, including, but not limited
to, accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge, or a slug discharge or slug load that
may cause potential problems for the POTW, the user shall immediately
telephone and notify the control authority of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
B.
Within five days following such discharge, the user
shall, unless waived by the control authority, submit a detailed written
report to the control authority describing the cause(s) of the discharge
and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense,
loss, damage, or other liability which may be incurred as a result
of damage to the POTW, natural resources, or any other damage to person
or property nor shall such notification relieve the user of any fines,
penalties, or other liability which may be imposed pursuant to this
article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify
the control authority immediately of any changes at their facility
affecting the potential for a slug discharge.
All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the control
authority as the control authority may require.
If sampling performed by a user indicates a
violation, the user must notify the control authority within 24 hours
of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the result of the repeat analysis
to the control authority within 30 days after becoming aware of the
violation. The user is not required to resample if the control authority
monitors at the user's facility at least once a month, or if the control
authority samples between the user's initial sample and when the user
receives the results of this sampling.
All pollutant analyses, including sample techniques,
to be submitted as a part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136 and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the control authority or other parties
approved by EPA.
Samples collected to satisfy reporting requirements
must be based on data obtained through appropriate sampling and analysis
performed during the period covered by the report, based on data that
is representative of conditions occurring during the reporting period.
A.
Except as indicated in Subsections B and C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures, as documented in approved EPA methodologies, may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B.
Samples for oil and grease, temperature, pH, cyanide,
total phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 143-84 and 143-86 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by § 143-87 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date or receipt of the report shall govern.
Users subject to the reporting requirements of this article shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 143-63. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the control authority.
The discharge of hazardous waste into the Lower
Perkiomen Valley Regional Sewer Authority system is strictly prohibited.
A.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 143-74; users submitting baseline monitoring reports under § 143-84B(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under § 143-86; users submitting periodic compliance reports required by § 143-87A through D and users submitting an initial request to forego sampling of a pollutant on the basis of § 143-87B(4). The following certification statement must be signed by an authorized representative as defined in § 143-53: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
B.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the control authority, pursuant to §§ 143-53 and 143-74C, must annually submit the following certification statement signed in accordance with the signatory requirements in § 143-53. This certification must accompany an alternative report required by the control authority:
|
Based on my inquiry of the person or persons
directly responsible for managing compliance with the categorical
pretreatment standards under 40 CFR _____, I certify that, to the
best of my knowledge and belief that during the period from __________,
_____ to __________, _____ [months, days, year]:
| ||
|
(a)
|
The facility described as _______________ [facility name] met the definition of a nonsignificant categorical industrial user as described in § 143-53;
| |
|
(b)
|
The facility complied with all applicable pretreatment
standards and requirements during this reporting period; and
| |
|
(c)
|
The facility never discharged more than 100
gallons of total categorical wastewater on any given day during this
reporting period.
| |
|
This compliance certification is based on the
following information.
| ||
|
| ||
|
| ||
|
| ||
C.
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 143-87B must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user: "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s) in the wastewaters due to the activities at the facility since filing of the last periodic report under § 143-87A."
The control authority or its designated representative
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this article
and any wastewater discharge permit or order issued hereunder. Users
shall allow the control authority or its designated representative
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties. A user shall not obstruct, block or otherwise
interfere with access to the sampling point(s).
A.
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
control authority or its designated representative shall be permitted
to enter without delay for the purposes of performing specific responsibilities.
B.
The control authority or its designated representative
shall have the right to set up on the user's property or require installation
of such devices as are necessary to conduct sampling and/or metering
of the user's operations.
C.
The control authority or its designated representative
may require the user to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated semiannually to ensure their accuracy.
D.
Any temporary or permanent obstruction of safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written or verbal request of the
control authority or its designated representative and shall not be
replaced. The costs of clearing such access shall be borne by the
user.
E.
Unreasonable delays in allowing the control authority
or its designated representative access to the user's premises shall
be a violation of this article.
If the control authority or its designated representative
has been refused access to a building, structure, or property or any
part thereof and is able to demonstrate probable cause to believe
that there may be a violation of this article, or that there is a
need to inspect and/or sample as part of a routine inspection and
sampling program of the control authority designed to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the control authority may seek issuance of a search warrant from the
Court of Common Pleas of Montgomery County, Pennsylvania.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, monitoring
programs, and from the control authority's inspection and sampling
activities shall be available to the public without restriction, unless
the user specifically requests, and is able to demonstrate to the
satisfaction of the control authority, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data,
as defined by 40 CFR 2.302, will not be recognized as confidential
information and will be available to the public without restriction.
The control authority shall publish annually,
in a newspaper of general circulation that provides meaningful public
notice within the jurisdictions served by the POTW, a list of the
users which, at any time during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term significant noncompliance shall be applicable to all significant
industrial users (or any other industrial user that violates Subsection
C, D or H of this section) and shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §§ 143-55 through 143-63;
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by §§ 143-55 through 143-63, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as defined by §§ 143-55 through 143-63 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
D.
Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has resulted
in the control authority's exercise of its emergency authority to
halt or prevent such a discharge;
E.
Failure to meet, within 30 days of the scheduled date,
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
F.
Failure to provide within 30 days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include a violation
of best management practices, which the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may serve
upon that user a written notice of violation. Within 30 days of the
receipt of this notice, an explanation of the violation and a plan
for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the user to the control
authority. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of
the notice of violation. Nothing in this section shall limit the authority
of the control authority to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
The control authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 143-105 and 143-106 of this article.
The control authority may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user, as defined in § 143-53 and required by § 143-74A. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may issue
an order to the user responsible for the discharge directing that
the user come into compliance within a specified time. If the user
does not come into compliance within the time provided, sewer service
may be discontinued unless adequate treatment facilities, devices,
or other related appurtenances are installed and properly operated.
Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other
action against the user.
A.
When the control authority finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are likely
to recur, the control authority may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
B.
Issuance of a cease and desist order shall not be
a bar against, or a prerequisite for, taking any other action against
the user.
A.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may fine such a user in an amount not to exceed $25,000 per day for each violation regardless of jurisdictional boundaries. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of §§ 143-112 and 143-118 of this article.
B.
A lien against the user's property will be sought
for unpaid charges, fines and penalties.
C.
Users desiring to dispute such fines must file a written
request for the control authority to reconsider the fine along with
full payment of the fine amount within 30 days of being notified of
the fine. Where a request has merit, the control authority may convene
a hearing on the matter. In the event the user's appeal is successful,
the payment, together with any interest accruing thereon, shall be
returned to the user. The control authority may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
D.
Issuance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any other action against
the user.
A.
The control authority may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The control authority may also
immediately suspend a user's discharge, after notice and opportunity
to respond, that threatens to interfere with the operation of the
POTW or which represents or may present an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in § 143-109 of this article are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under §§ 143-104 or 143-109 of this article.
B.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions in § 143-81 of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(3)
Failure to report significant changes in operations
or wastewater volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under § 143-104 of this article why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
The control authority shall provide to the contributing municipality a true and correct copy of any administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action initiated by the control authority with reference to an industrial user within the municipality, pursuant to §§ 143-102 through 143-119 of this article. The failure to provide a copy to the contributing municipality shall not be a defense to any third party who is a subject of an administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may petition
the Court of Common Pleas of Montgomery County, Pennsylvania for appropriate
legal and equitable relief, including the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order,
or other requirement imposed by this article on activities of the
user. Relief requested may also include requirements for environmental
remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
A.
A user who has violated, or continues to violate,
any provision of this article, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement
shall be liable to the control authority for a maximum civil penalty
of $25,000 per violation, per day. In the case of a monthly or other
long-term average discharge limit, penalties shall accrue for each
day during the period of the violation. Each violation for each separate
day shall constitute a separate and distinct offense under this section.
B.
The control authority may recover reasonable attorneys'
fees, court costs, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost
of any actual damages incurred by the control authority.
C.
In determining the amount of civil liability, there
shall be taken into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the
compliance history of the user, and any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar
against, or a prerequisite for, taking any other action against a
user.
A user who willfully or negligently violates
any provision of this article, a wastewater discharge permit, order
issued hereunder, any other pretreatment standard or requirement,
or who willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage, or any user
who knowingly makes any false statements, representations or certifications
in any application, record, report, plan, or other document filed,
or required to be maintained pursuant to this article, a wastewater
discharge permit or order issued under this article or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
of method required under this article, may be subject to criminal
prosecution in accordance with the applicable provisions of the Pennsylvania
Crimes Code, 18 Pa.C.S.A. § 101 et seq.
The remedies provided for in this article are
not exclusive. The control authority may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the control authority's
enforcement response plan. However, the control authority may take
other action against any user when the circumstances warrant. Further,
the control authority is empowered to take more than one enforcement
action against any noncompliant user.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the control authority, in a sum not to exceed a value determined
by the control authority to be necessary to achieve consistent compliance.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless the user submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
A violation of any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the control authority.
Any person(s) creating a public nuisance shall be subject to the provisions
of the Second Class Township Code or Borough Code, as the case may
be, and applicable ordinances governing such nuisances, including
reimbursing the control authority for any costs incurred in removing,
abating, or remedying said nuisance.
A.
Pursuant to the provisions of Act 9 of 1992, providing
for enhanced penalty authority for publicly owned treatment works
which are authorized to enforce industrial pretreatment standards
for industrial waste discharges, and in addition to proceeding under
any other remedy available at law or equity for violation of pretreatment
standards and/or requirements, the control authority, as the operator
of a publicly owned treatment works, may assess a civil penalty upon
an industrial user for violation of any of the terms and provisions
of this article. The penalty may be assessed whether or not the violation
was willful or negligent. The civil penalty shall not exceed $25,000
per day for each violation, regardless of jurisdictional boundaries.
Each violation for each separate day shall constitute a separate and
distinct offense under this section.
B.
As part of any notice of assessment of civil penalties
issued by the control authority to an industrial user, there shall
also be included a description of the applicable appeals process to
be followed, including the name, address and telephone number of the
person responsible for accepting such appeal on behalf of the control
authority.
C.
For purposes of this section, a single operational
upset which leads to simultaneous violations of more than one pretreatment
standard or requirement shall be treated as a single violation as
required by the Federal Water Pollution Control Act. The control authority
may, however, recover its costs for reestablishing the operation of
the treatment works in addition to any civil penalty imposed under
this section.
D.
The Lower Perkiomen Valley Regional Sewer Authority,
as control authority, shall publicly adopt a formal, written civil
penalty assessment policy and make it publicly available. Each industrial
discharger participating in the pretreatment program shall be given
written notice of the policy. The penalty assessment policy shall
consider:
(1)
Damage to air, water, land or other natural
resources of the Commonwealth of Pennsylvania and their uses;
(2)
Costs of restoration and abatement;
(3)
Savings resulting to the person in consequence
of the violation;
(4)
History of past violations;
(5)
Deterrence of future violations; and
(6)
Other relevant factors.
E.
Uses for penalties. All civil penalties collected
pursuant to this section shall be placed by the control authority
in a restricted account and shall only be used by the control authority
and the publicly owned treatment works for the following uses:
(1)
The repair of damage and any additional maintenance
needed or any additional costs imposed as a result of the violation
for which the penalty was imposed;
(2)
Pay any penalties imposed on the Lower Perkiomen
Valley Regional Sewer Authority, as control authority, or the publicly
owned treatment works by the federal or state government for violation
of pretreatment standards;
(3)
For the costs incurred by the Lower Perkiomen
Valley Regional Sewer Authority, as control authority, or publicly
owned treatment works to investigate and take the enforcement action
that resulted in a penalty being imposed;
(4)
For the monitoring of discharges in the pretreatment
program and for capital improvements to the treatment works, including
sewage collection lines, which may be required by the pretreatment
program; and
(5)
Any remaining funds may be used for capital
improvements to the treatment works, including collection lines.
F.
Injunctive relief.
(1)
The control authority shall have the power to
obtain injunctive relief to enforce compliance with or restrain any
violation of any pretreatment requirement or standard pursuant to
and in accordance with the provisions of Act 9 of 1992 and 40 CFR
403.8(f)(l)(vi)(A). Injunctive relief shall be available upon the
showing of one or more of the following:
(a)
A discharge from an industrial user presents
an imminent danger or substantial harm to the POTW or the public;
(b)
A discharge from an industrial user presents
an imminent or substantial endangerment to the environment;
(c)
A discharge from an industrial user causes the
POTW to violate any condition of its discharge permit; or
(d)
The industrial user has shown a lack of ability
or intention to comply with a pretreatment standard.
(2)
Notwithstanding the preceding subsection, an
injunction affecting an industrial operation not directly related
to the condition or violation in question may be issued if the court
determines that other enforcement procedures would not be adequate
to affect prompt correction of the condition or violation. In addition
to an injunction, the court in any such proceedings may levy civil
penalties in accordance with Act 9 of 1992 and this article.
G.
Appeal. An industrial user assessed with a civil penalty
under the terms of this section shall have 30 days to pay the proposed
penalty in full, or, if the industrial user wishes to contest either
the amount of the penalty or the fact of the violation, the industrial
user must file an appeal of the action within 30 days pursuant to
Title 2 Pa.C.S.A. (relating to administrative law and procedure).
Failure to appeal within this period shall result in a waiver of all
legal rights to contest the violation or the amount of the penalty.
H.
The penalty authorized in this section is intended
to be concurrent and cumulative, and the provisions of this section
shall not abridge or alter any right of action or remedy, now or hereafter
existing in equity, or under the common law or statutory law, criminal
or civil, available to a person, the Lower Perkiomen Valley Regional
Sewer Authority as control authority, or the commonwealth.
A.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or wastewater discharge permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this article, shall be prosecuted in accordance
with the provisions of the Pennsylvania Crimes Code pertaining to
perjury and falsification in official matters pursuant to 18 Pa.C.S.A. § 4901
et seq.
A.
For the purposes of this section, "upset" means an
exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors
beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance, or careless or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection C below, are met.
C.
A user who wishes to establish the affirmative defense
of upset shall demonstrate through properly signed, contemporaneous
operating logs or other relevant evidence that:
(1)
An upset occurred and the user can identify
the cause(s) of the upset;
(2)
The facility was at the time being operated
in a prudent and workman-like manner and in compliance with applicable
operation and maintenance procedures; and
(3)
The user has submitted the following information
to the control authority within 24 hours of becoming aware of the
upset (if this information is provided orally, a written submission
must be provided within five days):
(a)
A description of the indirect discharge and
cause of noncompliance;
(b)
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the noncompliance
is expected to continue; and
(c)
Steps being taken and/or planned to reduce,
eliminate, and prevent recurrence of the noncompliance.
D.
In any enforcement proceeding, the user seeking to
establish the occurrence of an upset shall have the burden of proof.
E.
Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
F.
Users shall control production of all discharges to
the extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss, or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in situations where, among other
things, the primary source of power of the treatment facility is reduced,
lost, or fails.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §§ 143-55 through 143-63 of this article or the specific prohibitions in § 143-56 of this article, except § 143-56A, B and H, if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A.
A local limit exists for each pollutant discharged
and the user was in compliance with each limit directly prior to,
and during, the pass-through or interference; or
B.
No local limits exists, but the discharge did not
change substantially in nature or constituents from the user's prior
discharge when the Lower Perkiomen Valley Regional Sewer Authority,
as control authority, was regularly in compliance with the NPDES permit,
and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
A.
For the purposes of this section:
(1)
"Bypass" means the intentional diversion of
waste streams from any portion of a user's treatment facility.
(2)
"Severe property damage" means substantial physical
damage to property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
C.
Bypass notification.
(1)
If a user knows in advance of the need for a
bypass, it shall submit prior notice to the control authority, at
least 10 days before the date of the bypass, if possible.
(2)
A user shall submit oral notice to the control
authority of an unanticipated bypass that exceeds applicable pretreatment
standards within 24 hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause; the duration
of the bypass, including exact dates and times; and, if the bypass
has not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate and prevent reoccurrence
of the bypass.
D.
Bypass.
(1)
Bypass is prohibited, and the control authority
may take an enforcement action against a user for a bypass, unless.
(a)
Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(b)
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal period of equipment
downtime or preventive maintenance; and
It is the purpose of this article to provide
for the recovery of costs from users of the Lower Perkiomen Valley
Regional Sewer Authority's wastewater disposal system for the implementation
of the program established herein. The applicable charges or fees
shall be set forth in a schedule of charges and fees.
A.
The Lower Perkiomen Valley Regional Sewer Authority
as control authority may adopt, by resolution, charges and fees which
may include:
(1)
Fees for reimbursement of costs of setting up
and operating the pretreatment program;
(2)
Fees for monitoring, inspections and surveillance
procedures;
(3)
Fees for reviewing accidental discharge procedures
and construction;
(4)
Fees for permit applications;
(5)
Fees for filing appeals;
(6)
Fees for consistent removal of pollutants otherwise
subject to federal pretreatment standards; and
(7)
Other fees as the control authority may deem
necessary to carry out the requirements contained herein.
B.
These fees relate solely to the matters covered by
this article and are separate from all other fees or sewer rentals
chargeable by the Lower Perkiomen Valley Regional Sewer Authority
as control authority or any municipality contributing wastewater flows
to the POTW.
If any provision, paragraph, word, section or
article of this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, and chapters
shall not be affected and shall continue in full force and effect.
This article shall take effect and shall be
enforced from and after its approval.
