Township of Lower Gwynedd, PA Chapter 1060 Sewers Generally

 

GENERAL REFERENCES

Sewer rates and charges — See Ch. 208, Section 208.02(b), and Ch. 1062.

Plumbing and Drainage Code — See Ch. 1444.

§ 1060.01 Purpose; objectives; enforcement. [1]

[Ord. 312. Passed 12-12-1994]

(a) The Township of Lower Gwynedd, pursuant to an intermunicipal agreement entered into with the Borough of Ambler and the Townships of Whitemarsh, Whitpain and Upper Dublin, discharges certain of its wastewater to the Ambler Wastewater Treatment Plant, for which the Borough of Ambler is primarily responsible. This chapter sets forth uniform requirements for direct and indirect contributions of wastewater within the jurisdiction of Lower Gwynedd and which is ultimately discharged to the Ambler Wastewater Treatment Plant. Lower Gwynedd is responsible for enforcement of this chapter in the first instance, but the Ambler Wastewater Treatment Plant and the Borough of Ambler share the duty to enforce this chapter to the extent necessary to assure Ambler Borough's, and Ambler Wastewater Treatment Plant's, compliance with the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR 403), along with all applicable state and federal laws and permits. Neither the Borough of Ambler nor the Ambler Wastewater Treatment Plant have any jurisdiction or authority to enforce this or any ordinance as they might relate to contributors whose discharge does not enter the Ambler Wastewater Treatment Plant.

(b) The objectives of this chapter are to:

(1) Prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge at the Ambler Wastewater Treatment Plant.

(2) Prevent the introduction of pollutants into the wastewater system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system.

(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

(4) Provide for equitable distribution of the cost of operating the wastewater system.

(5) Protect the general public and treatment works personnel who may be affected by wastewater and sludge in the course of their employment.

(6) Enable the Borough of Ambler to comply with its national pollution discharge elimination system permit conditions, sludge use and disposal requirements and any other federal or state laws to which the treatment works is subject and to empower the treatment works to enforce penalties against violators as required by its enforcement response guide and by federal and state law.

(c) This chapter provides for the regulations of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users; authorizes monitoring and enforcement activities; requires user reporting; assumes that existing customers' capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(d) This chapter shall apply to all contributors who discharge wastewater to Lower Gwynedd Township's collection system.

[1] Editor's Note: Ordinance 51, passed May 1, 1961, authorized the execution of a sewage collection system lease from the Lower Gwynedd Township Municipal authority. Ordinance 92, passed October 23, 1967, authorized a first supplemental sewage collection system lease from the Lower Gwynedd Township Municipal Authority. Ordinance 117, passed January 3, 1972, authorized a second supplemental sewage collection system lease from the Lower Gwynedd Township Municipal Authority. Ordinance 166, passed October 5, 1978, authorized an agreement between the Lower Gwynedd Township Municipal Authority and the Township of Lower Gwynedd, providing for the administration by the Township of the Authority's industrial cost recovery system. Ordinance 211, passed December 18, 1984, established general sewer standards and provisions. Copies of such ordinances may be obtained, at cost, from the Township Secretary.

§ 1060.02 Definitions.

[Ord. 312. Passed 12-12-1994]

Unless the context specifically indicates otherwise, the following terms and phrases as used in this chapter shall have the meanings hereinafter designated:

(a) Act or the Act. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

(b) Ambler. "Ambler" means the Borough of Ambler.

(c) Approval Authority. "Approval authority" means the Regional Administrator of the EPA.

(d) Authorized Representative of Industrial, Commercial, Institutional or Significant Industrial User. "Authorized representative of industrial, commercial, institutional or significant industrial user" means:

(1) If the user is a corporation:

A. The president, secretary, treasurer or a 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

B. The manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions which 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

[Amended 5-22-2012 by Ord. No. 486]

(2) If the user is a partnership or sole proprietor-ship: a general partner or proprietor, respectively.

(3) If the user is a federal, state or local facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his or her designee.

(4) The individuals described in Subsections (1) through (3), above, may designate another 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 the Ambler Wastewater Treatment Plant.

(d.1) Best Management Practices (BMPs). The term "best management practices" (or "BMPs") means schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the general and specific prohibitions found in 40 CFR 403.5(a)(1) and (b) and Chapter 1060 of the Township Code.[1] BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage.

[Added 5-22-2012 by Ord. No. 486]

[1] Editor's Note: See Ch. 1060, Sewers Generally.

(e) Biochemical Oxygen Demand (BOD). "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

(f) Building Sewer. "Building sewer" means a sewer conveying wastewater from the premises of a user to the POTW.

(g) Categorical Standards. "Categorical standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR, Chapter I, Subchapter N, Parts 405 to 471.

(h) Cooling Water. "Cooling water" means the water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(i) Control Authority. "Control authority" shall refer to the Manager as Ambler has an approved pretreatment program under the provisions of 40 CFR 403.11.

(j) Direct Discharge. "Direct discharge" means the discharge of treated or untreated wastewater directly to the water of the State of Pennsylvania.

(k) Environmental Protection Agency (EPA). "Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

(l) Grab Sample. "Grab sample" means a sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.

(m) Holding Tank Waste. "Holding tank waste" means any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

(n) Indirect Discharge. "Indirect discharge" means the discharge or the introduction of pollutants into the POTW, including holding tank waste discharged into the system.

(o) Industrial, Commercial or Institutional User. "Industrial, commercial or institutional user" means an industrial, commercial or institutional source of indirect discharge.

(p) Industrial, Commercial or Institutional User Permit. "Industrial, commercial or institutional user permit" shall be as set forth in Section 1060.15 of this chapter.

(q) Interference. "Interference" means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of Ambler Wastewater Treatment Plant'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.

(r) Manager. "Manager" means the person designated by Ambler to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

(s) Medical Waste. "Medical waste" means 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.

(t) National Categorical Pretreatment Standard or Pretreatment Standard. "National Categorical Pretreatment Standard or Pretreatment Standard" means 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 is applied to a specific category of industrial users (40 CFR Chapter I, Subchapter N, 405 to 471).

(u) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. "National prohibitive discharge standard or prohibitive discharge standard" means any regulation developed under the authority of 307(b) of the Act, 40 CFR 403.5.

(v) National Pollution Discharge Elimination System or NPDES Permit. "National pollution discharge elimination system or NPDES permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

(w) New Source. "New source" means:

(1) Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

A. The building, structure, facility or installation is constructed at a site at which no other source is located;

B. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

C. The production or wastewater generating process of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2) 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 (w)(1)B or C above but otherwise alters, replaces or adds to existing process or production equipment.

(3) Construction of the new source as defined under this subsection has commenced if the owner or operator has begun, or caused to begin, as part of a continuous on-site construction program of 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 are 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 loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.

(x) Noncontact Cooling Water. "Non-contact cooling water" means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

(y) Pass Through. "Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which alone, or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude of duration of violation).

(z) Person. "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or its legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

(aa) pH. "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(bb) Pollution. "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

(cc) Pollutant. "Pollutant" means any dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discharged equipment; rock; sand; cellar dirt; municipal, agricultural and industrial wastes; and certain characteristics of wastewater (e.g., temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

(dd) Pretreatment. "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This 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.

(ee) Pretreatment Requirements. "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment other than a National Pretreatment Standard imposed on an industrial user.

(ff) Publicly Owned Treatment Works (POTW). "Publicly owned treatment works (POTW)" means a treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by Ambler and operated for the benefit of Ambler and for the areas of the Townships of Lower Gwynedd, Upper Dublin, Whitpain and Whitemarsh served by the POTW pursuant to an agreement between and among the said municipalities dated December 16, 1959, as amended by several subsequent agreements. 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 chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons inside or outside Ambler and/or the Townships who are users of the POTW.

(gg) POTW Treatment Plant. "POTW treatment plant" means that portion of the POTW owned by the Borough of Ambler and operated by the Borough of Ambler in participation with the Townships of Lower Gwynedd, Upper Dublin, Whitemarsh and Whitpain which is designed to provide treatment to wastewater from each participating municipality.

(hh) Shall is mandatory; May is permissive.

(ii) Significant Industrial User. "Significant industrial user" means:

(1) Except as provided in Subsection (1)B of this definition:

A. All industrial users subject to categorical pretreatment standards under 40 CFS 403.6 and 40 CFS Chapter I, Subchapter N; and

B. Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontract 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 plan; or is designated as such by Ambler on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)].

[Amended 5-22-2012 by Ord. No. 486]

(2) Upon finding that an industrial user meeting the criteria in Paragraph (ii)(1)B above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, Ambler may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

[Amended 5-22-2012 by Ord. No. 486]

(ii.1) Significant Noncompliance (SNC). An industrial user or 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)(viii). For purposes of this definition, a user is in significant noncompliance if its violations meets one or more of the following criteria:

[Added 5-22-2012 by Ord. No. 486]

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken for each pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);

(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1), multiplied by the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit or narrative standard) that Ambler determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of Ambler Wastewater Treatment Plant personnel or the general public);

(4) Any discharge of pollutants that has caused imminent endangerment to the public health and welfare or to the environment, or has resulted in Ambler’s exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 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;

(6) Failure to provide, within 45 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;

(7) Failure to accurately report noncompliance; or

(8) Any other violation(s), which may include violation of best management practices, which Ambler determines will adversely affect the operation or implementation of the local pretreatment program.

(jj) Significant User Permit. "Significant user permit" shall be as set forth in § 1060.15 of this chapter.

(kk) Slug Discharge. Any pollutant released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) and/or any discharge of nonroutine nature, episodic nature, including but not limited to accidental spills or noncustomary batch discharges, which has a reasonable potential to cause interference or pass-through, or in any other way violate Ambler’s regulations, prohibited discharge standards in this chapter, local limits or NPDES permit conditions.

[Amended 5-22-2012 by Ord. No. 486]

(ll) State. "State" means the State of Pennsylvania.

(mm)  Standard Industrial Classification (SIC). "Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(nn) Stormwater. "Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom.

(oo) Superintendent. "Superintendent" means the person designated by Ambler to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this chapter or a duly authorized representative.

(pp) Suspended Solids. "Suspended solids" means the total suspended matter that floats on the surface or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

(qq) Township. "Township" means the Township of Lower Gwynedd.

(rr) Toxic Pollutant. "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision of CWA 307(a) or other acts.

(ss) User. "User" means any person who contributes, causes or permits the contribution of wastewater into the POTW.

(tt) Wastewater. "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

(uu) Waters of the State. "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulation 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.

§ 1060.03 Abbreviations.

[Ord. 312. Passed 12-12-1994]

The following abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
SWDA	Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.
U.S.C.	United States Code
TSS	Total suspended solids

§ 1060.04 General discharge prohibitions.

[Ord. 312. Passed 12-12-1994]

(a) General prohibitions. No user shall introduce or cause to be introduced 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 they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

(b) Specific prohibitions. 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 test methods specified in 40 CFR 261.21.

(2) Wastewater having a pH less than 6.0 or more than 9.0, 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, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, petroleum products (including plastics, gasoline, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil), mud, glass grinding or polishing wastes.

(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; except, however, that in the case of conventional pollutants, such discharge is permissible to the extent that it is in accordance with any enacted surcharge policy through which the discharger pays the AWTP for the treatment/removal of certain pollutants.

(5) Wastewater having a temperature greater than 120°, 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, except at discharge points designated by the Superintendent in accordance with Section 1060.13 of this chapter.

(9) Noxious or malodorous liquids (including automobile antifreeze), 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 impart color to the treatment plant's effluent, thereby violating Ambler's NPDES permit.

(11) Wastewater containing any radioactive wastes or isotopes, except in compliance with applicable state or federal regulations.

(12) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted wastewater, unless specifically authorized by the Ambler Wastewater Treatment Plant.

(13) Sludges, screenings or other residues from the pretreatment of industrial wastes.

(14) Medical wastes, except as specifically authorized by the Ambler Wastewater Treatment Plant in a wastewater discharge permit.

(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(16) Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW.

(17) Fats, oils or greases of animal or vegetable origin in concentrations greater than are stated elsewhere herein.

(18) Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 5% or any single reading over 10%.

(c) Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

§ 1060.05 National Categorical Pretreatment Standards.

[Ord. 312. Passed 12-12-1994]

The categorical pretreatment standards found at 40 CFR, Chapter I, Subchapter N, 405 to 471, are hereby incorporated by reference as if set forth fully herein.

(a) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, Ambler Wastewater Treatment Plant may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

(b) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, Ambler Wastewater Treatment Plant shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

(c) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.

(d) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

§ 1060.06 State pretreatment standards.

[Ord. 312. Passed 12-12-1994]

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 chapter.

§ 1060.07 Local limits.

[Ord. 312. Passed 12-12-1994; Ord. 315. Passed 2-21-1995; Res. 95-13. Passed 3-14-1995; Ord. 386. Passed 6-19-2001]

(a) The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following:

[Amended 8-21-2007 by Ord. No. 450; 11-25-2014 by Ord. No. 494]

	Toxic Pollutants	Limit (mg/l)
	Arsenic	0.19
	Aluminum	14.51
	Cadmium	0.02
	Chromium (T)	6.01
	Chromium, hexavalent	0.42
	Copper	1.28
	Cyanide (T)	0.36
	Lead	0.32
	Mercury	0.0009
	Molybdenum	Monitor only
	Nickel	2.16
	Selenium	0.13
	Silver	0.96
	Zinc	1.55
	Phenols	3.26
	Total phosphorous	52.64
	Ammonia	No limit

(b) The above limits apply at the point where the wastewater is discharged to the POTW, which for purposes of this chapter includes all points within and throughout the distribution system. All concentrations for metallic substances are for "total" metal unless indicated otherwise. Ambler Wastewater Treatment Plant may impose mass limitations in addition to, or in place of, the concentration-based limitations above.

(c) Ambler, at its sole discretion, may develop best management practices (BMPs) to comply with 40 CFR 406.5(c)(1). Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and Section 307(d) of the Clean Water Act[1] and can be implemented as wastewater discharge permit conditions. Ambler, also at its sole discretion, may allow a user to implement BMPs to meet the prohibitions found in 40 CFR 403.5(a)(1) and (b) and this chapter.

[Added 5-22-2012 by Ord. No. 486]

[1] Editor's Note: See 33 U.S.C. § 1317(d).

§ 1060.08 Ambler wastewater treatment plant's right of revision.

[Ord. 312. Passed 12-12-1994]

Ambler Wastewater Treatment Plant reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

§ 1060.09 Dilution.

[Ord. 312. Passed 12-12-1994]

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. Ambler Wastewater Treatment Plant 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.

§ 1060.10 Pretreatment facilities.

[Ord. 312. Passed 12-12-1994]

Users shall provide wastewater treatment as necessary to comply with this chapter and shall comply with all categorical pretreatment standards, local limits and the prohibitions set out in Section 1060.04 of this chapter within the time limitations specified by the EPA, the state or Ambler Wastewater Treatment Plant, 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 Ambler Wastewater Treatment Plant for review and shall be acceptable to Ambler Wastewater Treatment Plant 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 Ambler Wastewater Treatment Plant under the provisions of this chapter.

§ 1060.11 Additional pretreatment measures.

[Ord. 312, Passed 12-12-1994]

(a) Grease, oil and sand interceptors shall be provided when, in the opinion of Ambler Wastewater Treatment Plant, 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 unless a residential user who is contributing excessive amounts of grease, oil or sand has first been given the opportunity to reduce the discharge by other means. All interception units shall be of a type and capacity approved by the Ambler Wastewater Treatment Plant 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 users at their expense, in accordance with any procedure for the installation and maintenance of grease traps as may be established from time to time by the Ambler Wastewater Treatment Plant.

(b) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

§ 1060.12 Accidental discharge/slug control plans.

[Ord. 312. Passed 12-12-1994; amended 5-22-2012 by Ord. No. 486]

(a) An accidental discharge/slug control plan, as prescribed under 40 CFR 408.8(f)(2)(vi), may be required:

(1) For all New Sources/New Users. Where required by Ambler, detailed plans showing facilities and operating procedures to provide protection from accidental discharges or slugs shall be submitted to Ambler for review, and shall be approved by Ambler before construction of the facility.

(2) For Existing Sources/New Users. Ambler shall evaluate whether each new user needs an accidental discharge/slug control plan within one year of the date of inclusion in the industrial pretreatment program.

(3) For Existing Sources/Existing Users. Ambler shall evaluate whether each user needs an accidental discharge/slug control plan on a routine basis.

(b) If an accidental discharge/slug control plan is required, Ambler may require any user to develop, submit for approval, and implement such a plan. Alternatively, Ambler may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying Ambler of any accidental or slug discharge; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures shall include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plan 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.

(c) When an existing source is required by Ambler to provide and/or modify an accidental discharge/slug control plan, the user shall provide the plan within 60 days of notification. Should the plan require construction or implementation of measures to meet compliance, the plan shall provide a schedule for those actions. After initial review, should additional information be required to provide a complete plan, it shall be furnished to Ambler within 30 days. Failure to submit a revised plan and/or failure to provide a complete plan after the thirty-day submission period may render the wastewater discharge permit void.

(d) Ambler's review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

(e) If not specifically required by Ambler, the information, requirements, etc., called for in a plan are not waived by Ambler and the user shall, in his own and sole judgment, provide all necessary items, procedures, etc., to prevent any accidental discharge and/or slug discharge to the POTW.

(f) All Users are required to notify Ambler immediately of any changes at their facilities affecting the potential for an accidental discharge and/or slug discharge to the POTW. This requirement can be implemented as a wastewater discharge permit condition as necessary.

§ 1060.13 Hauled wastewater.

[Ord. 312. Passed 12-12-1994]

(a) Septic tank waste may be introduced into the POTW only at locations designated by the Ambler Wastewater Treatment Plant and at such times as are established by the Ambler Wastewater Treatment Plant. Such waste shall not violate §§ 1060.04 through 1060.09 of this chapter or any other requirements established by the Ambler Wastewater Treatment Plant. Ambler Wastewater Treatment Plant may require septic tank waste haulers to obtain wastewater discharge permits.

(b) Ambler Wastewater Treatment Plant shall require haulers of industrial waste to obtain wastewater discharge permits. Ambler Wastewater Treatment Plant may require generators of hauled industrial waste to obtain wastewater discharge permits. Ambler Wastewater Treatment Plant also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

(c) Industrial waste haulers may discharge loads only at locations designated by Ambler Wastewater Treatment Plant. No load may be discharged without prior consent of Ambler Wastewater Treatment Plant. Ambler Wastewater Treatment Plant may collect samples of each hauled load to ensure compliance with applicable standards. Ambler Wastewater Treatment Plant may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(d) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes.

§ 1060.14 Wastewater analysis.

[Ord. 312. Passed 12-12-1994]

When requested by Ambler Wastewater Treatment Plant, a user must submit information on the nature and characteristics of its wastewater within five days of the request. Ambler Wastewater Treatment Plant is authorized to prepare a form for this purpose and may periodically require users to update this information.

§ 1060.15 Wastewater discharge permit requirements.

[Ord. 312. Passed 12-12-1994]

(a) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from Ambler Wastewater Treatment Plant, except that a significant industrial user that has filed a timely application pursuant to Section 1060.16 of this chapter may continue to discharge for the time period specified therein.

(b) Ambler Wastewater Treatment Plant may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

(c) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out elsewhere in this chapter. 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.

§ 1060.16 Permits for new connections.

[Ord. 312. Passed 12-12-1994]

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 1060.17 of this chapter, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.

§ 1060.17 Contents of permit application.

[Ord. 312. Passed 12-12-1994]

All users required to obtain a wastewater discharge permit must submit a permit application. Ambler Wastewater Treatment Plant may require all users to submit as part of an application the following information:

(a) All information required pursuant to baseline monitoring reports as described elsewhere in this chapter.

(b) A description of the activities, facilities and plant processes on the premises, including 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.

(c) The number and type of employees, hours of operation and proposed or actual hours of operation.

(d) Each product produced by type, amount, process or processes and the rate of production.

(e) The type and amount of raw materials processed (average and maximum per day).

(f) 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.

(g) The time and duration of discharges.

(h) Any other information as may be deemed necessary by Ambler Wastewater Treatment Plant to evaluate the wastewater discharge permit application.

§ 1060.18 Application signatories and certification.

[Ord. 312. Passed 12-12-1994]

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"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."

§ 1060.19 Permit approval or denial.

[Ord. 312. Passed 12-12-1994]

Ambler Wastewater Treatment Plant will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, Ambler Wastewater Treatment Plant will determine whether or not to issue a wastewater discharge permit. Ambler Wastewater Treatment Plant may deny any application for a wastewater discharge permit.

§ 1060.20 Permit duration.

[Ord. 312. Passed 12-12-1994]

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 decision of the Ambler Wastewater Treatment Plant. Each wastewater discharge permit will indicate a specific date upon which it will expire.

§ 1060.21 Contents of permit.

[Ord. 312. Passed 12-12-1994]

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by Ambler Wastewater Treatment Plant 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 wastewater discharge permit duration, which in no event shall exceed five years.

(2) A statement that the wastewater discharge permit is nontransferable without prior notification to Ambler Wastewater Treatment Plant in accordance with Section 1060.24 of this chapter and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

(3) The effluent limits 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) 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.

(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 the 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.

(8) Other conditions as deemed appropriate by Ambler Wastewater Treatment Plant to ensure compliance with this chapter, and state and federal laws, rules and regulations.

§ 1060.22 Permit appeals.

[Ord. 312. Passed 12-12-1994]

Ambler Wastewater Treatment Plant shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition Ambler Wastewater Treatment Plant 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 Ambler Wastewater Treatment Plant 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, Pennsylvania, within the period prescribed by Pennsylvania's Local Agency Law, 2 Pa. C.S.A. § 551 et seq. and § 751 et seq.

§ 1060.23 Permit modifications.

[Ord. 312. Passed 12-12-1994]

Ambler Wastewater Treatment Plant 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 Ambler Wastewater Treatment Plant's POTW, Ambler Wastewater Treatment Plant's 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.

§ 1060.24 Permit transfer.

[Ord. 312. Passed 12-12-1994]

(a) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to the Ambler Wastewater Treatment Plant and the Ambler Wastewater Treatment Plant approves the wastewater discharge permit transfer. The notice to the Ambler Wastewater Treatment Plant must include a written certification by the new owner or operator which:

(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2) Identifies the specific date on which the transfer is to occur; and

(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(b) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

§ 1060.25 Permit revocation.

[Ord. 312. Passed 12-12-1994]

(a) Ambler Wastewater Treatment Plant may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:

(1) Failure to notify the Ambler Wastewater Treatment Plant of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the Ambler Wastewater Treatment Plant of changed conditions pursuant to Section 1060.32 of this chapter;

(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 Ambler Wastewater Treatment Works 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 chapter.

(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.

§ 1060.26 Permit reissuance.

[Ord. 312. Passed 12-12-1994]

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 1060.17 of this chapter, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.

§ 1060.27 Regulation of waste received from other jurisdictions.

[Ord. 312. Passed 12-12-1994]

(a) Pursuant to the Pennsylvania Pretreatment Works Penalty Law (Act 9 of 1992),[1] the Ambler Wastewater Treatment Plant reserves the right to regulate waste entering the Plant regardless of its point of origin.

[1] Editor's Note: See 35 P.S. § 752.1 et seq.

(b) Each municipality which participates in the operation of the treatment plant shall, in accordance with various intermunicipal agreements signed by them, enforce their respective Sewer Use Ordinances with respect to the discharges within each of their jurisdictions. Whenever possible, the enforcement of a particular municipality's Sewer Use Ordinance shall be a joint and cooperative effort between the subject municipality and staff from Ambler Wastewater Treatment Plant and/or the Borough of Ambler, which has primary responsibility for plant operations. In the event that any municipality fails or refuses to enforce its Sewer Use Ordinance after the Ambler Wastewater Treatment Plant or the Borough of Ambler has made a determination that such enforcement is necessary, then the Ambler Wastewater Treatment Plant and the Borough of Ambler reserve all rights which they may have to either undertake enforcement pursuant to the Pennsylvania Pretreatment Works Penalty Law,[2] and/or to seek enforcement of any intermunicipal agreement which may require the cooperation of the municipality which fails or refuses to act.

[2] Editor's Note: See 35 P.S. § 752.1 et seq.

§ 1060.28 Baseline monitoring reports.

[Ord. 312. Passed 12-12-1994]

(a) Within either 180 days after the 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 users currently discharging to or scheduled to discharge to the POTW shall submit to the Ambler Wastewater Treatment Plant 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 users subject to the promulgation of an applicable categorical standard, shall submit to the Ambler Wastewater Treatment Plant 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:

(1) Identifying information. The name and address of the facility, including the name of the operator and owner.

(2) Environmental permits. A list of any environmental control permits held by or for the facility.

(3) Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4) 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 40 CFR 403.6(e).

(5) Measurement of pollutants.

A. The categorical pretreatment standards applicable to each regulated process shall be submitted.

B. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Ambler Wastewater Treatment Plant, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out elsewhere in this chapter.

C. Sampling must be performed in accordance with the procedures set out elsewhere in this section of this chapter.

D. If a user must implement a BMP to comply with federal pretreatment standards or requirements, the user shall provide all mandatory BMP compliance information.

[Added 5-22-2012 by Ord. No. 486]

(6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7) 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. 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 this section of this chapter.

(8) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with Section 1060.18 of this chapter.

§ 1060.29 Compliance schedule progress reports.

[Ord. No. 312. Passed 12-12-1994]

The following conditions shall apply to the compliance schedule required by Section 1060.28(b)(7) of this chapter:

(a) The schedule shall contain progress increments 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 nine months.

(c) The user shall submit a progress report to the Ambler Wastewater Treatment Plant no later than 14 days following each date in the schedule and the final date of compliance, including, at 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 to the established schedule.

(d) In no event shall more than nine months elapse between such progress reports to the Ambler Wastewater Treatment Plant.

§ 1060.30 Reports on compliance with categorical pretreatment standard deadline.

[Ord. No. 312. Passed 12-12-1994]

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 Ambler Wastewater Treatment Plant a report containing the information described in Section 1060.28(b)(4) through (6) of this chapter. 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 Section 1060.19 of this chapter.

§ 1060.31 Periodic compliance reports.

[Ord. 312. Passed 12-12-1994]

(a) All significant industrial users shall, at a frequency determined by the Ambler Wastewater Treatment Plant but in no case less than twice per year (in June and December), submit a report indicating the nature and 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. All periodic compliance reports must be signed and certified in accordance with Sections 1060.14 through 1060.19 of this chapter. In the event that the months for submission of the reports are altered by the Ambler Wastewater Treatment Plant, factors such as local high or low flow rates, holidays, budget cycles, etc., shall be taken into consideration. Ambler may elect to complete monitoring on behalf of any user to meet the requirements of the industrial pretreatment program. Should Ambler notify the user that it will complete monitoring on behalf of the user, the user is not required to submit the semiannual monitoring reports as described in the previous paragraph.

[Amended 5-22-2012 by Ord. No. 486]

(b) All wastewater samples must be representative of the normal discharges occurring during the reporting period. 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.

[Amended 5-22-2012 by Ord. No. 486]

(c) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Ambler Wastewater Treatment Plant, using the procedures prescribed in Sections 1060.28 through 1060.40 of this chapter, the results of this monitoring shall be included in the report.

(d) If a user must implement a BMP to comply with federal pretreatment standards or requirements or any other permit condition, the user shall submit any and all documentation required by Ambler or by the federal pretreatment standard at the frequency specified by Ambler to evaluate compliance. Ambler may also require any user to submit any information or data at any frequency it deems necessary to determine compliance with federal, state or local regulations.

[Added 5-22-2012 by Ord. No. 486]

§ 1060.32 Reports of changed conditions.

[Ord. No. 312. Passed 12-12-1994]

Each user must notify the Ambler Wastewater Treatment Plant 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 60 days before the change.

(a) The Ambler Wastewater Treatment Plant 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 Sections 1060.14 through 1060.19 of this chapter.

(b) The Ambler Wastewater Treatment Plant may issue a wastewater discharge permit under Sections 1060.14 through 1060.19 of this chapter or modify an existing wastewater discharge permit under Sections 1060.20 through 1060.27 of this chapter in response to changed conditions or anticipated changed conditions.

(c) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.

§ 1060.33 Reports of potential problems.

[Ord. 312. Passed 12-12-1994]

(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 load, that may cause potential problems for the POTW, the user shall immediately telephone and notify Ambler Wastewater Treatment Plant 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, along with the identity of the person or persons believed to be responsible for the discharge.

(b) Within five days following such discharge, the user shall, unless waived by the Ambler Wastewater Treatment Plant, submit a detailed written report 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 chapter.

(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.

§ 1060.34 Reports from unpermitted users.

[Ord. No. 312. Passed 12-12-1994]

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Ambler Wastewater Treatment Plant as the Ambler Wastewater Treatment Plant may require.

§ 1060.35 Violations; repeat sampling and reporting.

[Ord. 312. Passed 12-12-1994]

If sampling performed by a user indicates a violation, the user must notify the Ambler Wastewater Treatment Plant within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Ambler Wastewater Treatment Plant within 30 days after becoming aware of the violation. The user is not required to resample if the Ambler Wastewater Treatment Plant monitors at the user's facility at least once a month or if the Ambler Wastewater Treatment Plant samples between the user's initial sampling and when the user receives the results of this sampling.

§ 1060.36 Notification of discharge of hazardous waste.

[Ord. 312. Passed 12-12-1994]

(a) Any user who commences the discharge of hazardous waste shall notify the Ambler Wastewater Treatment Plant, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the Ambler Wastewater Treatment Plant of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the Ambler Wastewater Treatment Plant, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 1060.32 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 1060.28, 1060.30 and 1060.31 of this chapter.

(b) Discharges are exempt from the requirements of Subsection (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(c) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(d) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder or any applicable federal or state law.

§ 1060.37 Analytical requirements.

[Ord. 312. Passed 12-12-1994]

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

§ 1060.38 Sample collection.

[Ord. 312. Passed 12-12-1994]

(a) Except as indicated in Subsection (b) below, the user must collect wastewater samples using flow proportional composite collection techniques. The Ambler Wastewater Treatment Plant may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

[Amended 5-22-2012 by Ord. No. 486]

(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

§ 1060.39 Submission dates.

[Ord. 312. Passed 12-12-1994]

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 of receipt of the report shall govern.

§ 1060.40 Recordkeeping.

[Ord. 312. Passed 12-12-1994; amended 5-22-2012 by Ord. No. 486]

Users subject to the reporting requirements of this chapter shall maintain, and make available for inspection and copying by Ambler, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and records associated with implementation of BMPs. 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 and any other information or date deemed necessary by Ambler. 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 Ambler, or where the user has been specifically notified of a longer retention period by Ambler.

§ 1060.41 Right of entry; inspection and sampling.

The Ambler Wastewater Treatment Plant shall have the right to enter the premises of any user, without notice, to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Ambler Wastewater Treatment Plant 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) 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 Ambler Wastewater Treatment Plant will be permitted to enter without delay for the purposes of performing specific responsibilities.

(b) The Ambler Wastewater Treatment Plant 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 Ambler Wastewater Treatment Plant 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 to ensure their accuracy.

(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Ambler Wastewater Treatment Plant and shall not be replaced. The costs of clearing such access shall be born by the user.

(e) Unreasonable delays in allowing the Ambler Wastewater Treatment Plant access to the user's premises shall be a violation of this chapter.

(f) When it would be impractical or cause undue hardship on the user to situate the monitoring facility on the user's premises, the municipality may allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper condition at the expense of the user.

§ 1060.42 Search warrants.

[Ord. 312. Passed 12-12-1994]

If the Ambler Wastewater Treatment Plant 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 chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Ambler Wastewater Treatment Plant designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Ambler Wastewater Treatment Plant may seek issuance of a search warrant from the District Justice in whose jurisdiction the property is situate.

§ 1060.43 Confidential information.

[Ord. 312. Passed 12-12-1994]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from the Ambler Wastewater Treatment Plant'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 Ambler Wastewater Treatment Plant 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 the 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.

§ 1060.44 Publication of users in significant noncompliance.

[Ord. No. 312. Passed 12-12-1994; amended 5-22-2012 by Ord. No. 486]

Ambler shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:

(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined in 40 CFR 403.3(1);

(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 in 40 CFR 403.3(1), 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 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that Ambler determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of Ambler Wastewater Treatment Plant personnel or the general public);

(d) Any discharge of pollutants that has caused imminent endangerment to the public health or welfare or to the environment, or has resulted in Ambler's exercise of its emergency authority to halt or prevent such a discharge;

(e) Failure to meet, within 90 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 45 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 Ambler determines will adversely affect the operation or implementation of the local pretreatment program.

§ 1060.45 Enforcement remedies; surcharge.

[Ord. 312. Passed 12-12-1994]

(a) The Borough of Ambler and the Ambler Wastewater Treatment Plant, in conjunction with Lower Gwynedd Township, are fully empowered to undertake all enforcement remedies set forth below in order to assure user compliance with all state and federal laws and regulations. The enforcement actions described herein will be undertaken pursuant to the Ambler Wastewater Treatment Plant's duly adopted and EPA-approved Enforcement Response Guide, a federally mandated statement of policy which provides fair and even application of all enforcement remedies to users in violation, such document being available at all times for public inspection. In addition, Ambler and the Ambler Wastewater Treatment Plant retain each and every right and power granted pursuant to the Publicly Owned Treatment Works Penalty Law, also known as Act 9 of 1992,[1] in addition to any amendments thereto.

[1] Editor's Note: See 35 P.S. § 752.1 et seq.

(b) Surcharge in Lieu of Enforcement Remedy. With respect to conventional pollutants, the Ambler Wastewater Treatment Plant may, from time to time and at its discretion, adopt a policy whereby certain specifically identified conventional pollutants are permissibly discharged to the Ambler Wastewater Treatment Plant for removal at the Plant, with the cost of such removal to be borne by the discharger. The Ambler Wastewater Treatment Plant may expand or limit the list of conventional pollutants to which this surcharge system applies based upon the plant's capacity/ability to effectively remove particular conventional pollutants. In the event that a conventional pollutant is within the scope of the surcharge system as it exists at the time of discharge, then such conventional pollutant discharge shall not be considered a violation of this chapter. However, any failure to pay the surcharge cost for the plant's removal of the pollutant shall itself be considered a violation of this chapter and subject to enforcement action, in addition to all generally held rights of collection.

§ 1060.46 Notification of violation.

[Ord. 312. Passed 12-12-1994]

When the Ambler Wastewater Treatment Plant finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Ambler Wastewater Treatment Plant may serve upon that user a written notice of violation. The specific manner in which such notice of violation shall issue, and the terms and conditions pursuant to which the user shall respond or correct the violation complained of, shall be as set forth in the Enforcement Response Guide. When the notice of violation includes a plan for dissatisfactory correction and prevention of the violation, submission of such 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 Ambler Wastewater Treatment Plant to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.

§ 1060.47 Consent orders.

[Ord. 312. Passed 12-12-1994]

The Ambler Wastewater Treatment Plant may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same effect as the administrative orders authorized elsewhere in this section of the chapter and shall be judicially enforceable.

§ 1060.48 Show-cause hearing.

[Ord. No. 312. Passed 12-12-1994]

(a) The Ambler Wastewater Treatment Plant may order a user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Ambler Wastewater Treatment Plant 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 mail at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show-cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(b) Any hearing conducted pursuant to this section shall be presided over by the Ambler Joint Wastewater Treatment Plant Committee (hereinafter "Committee"), composed of five persons, one person designated by each member municipality, why the proposed enforcement action should not be taken. In the event that any municipality fails to designate a hearing participant, then the Borough of Ambler shall designate an individual to so serve. The Committee may itself conduct a hearing and take the evidence or may designate any of its members or any officer or employee of Ambler or the Ambler Wastewater Treatment Plant to:

(1) Issue, in the name of the Committee, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

(2) Take the evidence.

(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Committee for action thereon.

(c) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(d) After the Committee has reviewed the evidence, it may issue an order, through the Manager (who shall actually issue the order) to the user responsible for the discharge directing that following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances and are properly operated. Further orders and directives, as are necessary and appropriate, may be issued.

(e) Any user aggrieved by the enforcement of this chapter may take an appeal to the Court of Common Pleas of Montgomery County, Pennsylvania, in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq., and have a hearing thereon if the appeal is taken within 15 calendar days of the user's receipt of any order or notice under the applicable section. The hearing shall be conducted in accordance with the procedures set forth in Section 1060.23 hereof.

§ 1060.49 Compliance orders.

[Ord. 312. Passed 12-12-1994]

When the Ambler Wastewater Treatment Plant finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Ambler Wastewater Treatment Plant 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.

§ 1060.50 Cease and desist orders.

[Ord. No. 312. Passed 12-12-1994]

(a) When the Ambler Wastewater Treatment Plant finds that a user has violated, or continues to violate, any provision of this chapter, 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 Ambler Wastewater Treatment Plant may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements; and

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(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.

§ 1060.51 Administrative fines.

[Ord. 312. Passed 12-12-1994]

(a) When the Ambler Wastewater Treatment Plant finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Ambler Wastewater Treatment Plant may fine such user in an amount not to exceed $25,000 or any greater amount which might be permitted by amendment to the POTW Penalty Law. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. The actual amount of the fine in a particular case shall account for the factors set forth in the Enforcement Response Guide and also the Ambler Wastewater Treatment Plant's separately adopted statement of policy on the imposition of fines pursuant to the POTW Penalty Law.

(b) Unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 6% of the unpaid balance, and interest shall accrue thereafter at a rate of 6% per month. 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 Ambler Wastewater Treatment Plant to reconsider the fine along with full payment of the fine amount within 20 days of being notified of the fine. Where a request has merit, the Ambler Wastewater Treatment Plant may convene a hearing on the matter. In the event that the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Ambler Wastewater Treatment Plant 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.

§ 1060.52 Emergency suspensions.

[Ord. No. 312. Passed 12-12-1994]

(a) The Ambler Wastewater Treatment Plant 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 Ambler Wastewater Treatment Plant 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 presents, 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 Ambler Wastewater Treatment Plant 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 Ambler Wastewater Treatment plant may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Ambler Wastewater Treatment Plant that the period of endangerment has passed, unless the termination proceedings in Section 1060.53 of this chapter 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 Ambler Wastewater Treatment Plant prior to the date of any show-cause or termination hearing described elsewhere in this section of the chapter.

(b) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

§ 1060.53 Termination of discharge.

[Ord. No. 312. Passed 12-12-1994]

(a) In addition to the provisions in Sections 1060.20 through 1060.27 of this chapter, 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

(5) Violation of the pretreatment standards in Sections 1060.04 through 1060.09 of this chapter.

(b) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 1060.48 of this chapter why the proposed action should not be taken. Exercise of this option by the Ambler Wastewater Treatment Plant shall not be a bar to, or a prerequisite for, taking any other action against the user.

§ 1060.54 Injunctive relief.

[Ord. 312. Passed 12-12-1994]

When the Ambler Wastewater Treatment Plant finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Ambler Wastewater Treatment Plant may petition the Court of Common Pleas of Montgomery County, through the attorney for the Ambler Wastewater Treatment Plant, for 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 chapter on activities of the user. The Ambler Wastewater Treatment Plant may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

§ 1060.55 Civil penalties.

[Ord. 312. Passed 12-12-1994]

In the event that the Ambler Wastewater Treatment Plant is required to seek court redress for violations of this chapter, then all amounts recoverable elsewhere herein as administrative fines shall be recoverable as civil penalties; attorney's fees, court costs and related expenses shall also be recoverable. Filing suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

§ 1060.56 Criminal prosecution.

[Ord. 312. Passed 12-12-1994]

In the event that any discharge or other violation of this chapter constitutes a violation of any criminal or penal statute, then in addition to all enforcement remedies described elsewhere in this chapter, the Ambler Wastewater Treatment Plant or Ambler or the other participating municipalities shall have the unfettered right to initiate and/or assist in any state or federal criminal proceedings as a result of such violation. Examples of criminal conduct in connection with a violation include, but ate not limited to, knowing or intentional introduction of any substance into the Ambler Wastewater Treatment Plant which causes injury to persons or property, otherwise undertaking any act or failing to undertake any act which recklessly endangers the well-being of the community or plant personnel, falsification of documents required to be filed pursuant to this chapter, and tampering with or otherwise rendering inaccurate a monitoring device or similar equipment.

§ 1060.57 Remedies nonexclusive.

[Ord. 312. Passed 12-12-1994]

The remedies provided for in this chapter are not exclusive. The Ambler Wastewater Treatment Plant 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 Ambler Wastewater Treatment Plant's Enforcement Response Plan. However, the Ambler Wastewater Treatment Plant may take other action against any user when the circumstances warrant. Further, the Ambler Wastewater Treatment Plant is empowered to take more than one enforcement action against any noncompliant user.

§ 1060.58 Performance bonds.

[Ord. 312. Passed 12-12-1994]

The Ambler Wastewater Treatment Plant may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, 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 Ambler Wastewater Treatment Plant, in a sum not to exceed a value determined by the Ambler Wastewater Treatment Plant to be necessary to achieve consistent compliance.

§ 1060.59 Liability insurance.

[Ord. 312. Passed 12-12-1994]

The Ambler Wastewater Treatment Plant may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

§ 1060.60 Water supply severance.

[Ord. 312. Passed 12-12-1994]

Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

§ 1060.61 Public nuisances.

[Ord. No. 312. Passed 12-12-1994]

A violation of any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement may separately be declared as a public nuisance to the extent that it constitutes such nuisance as defined by Pennsylvania law or municipal ordinance.

§ 1060.62 Affirmative defenses to discharge violations; upset.

[Ord. 312. Passed 12-12-1994]

(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 Ambler Wastewater Treatment Plant 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 the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

§ 1060.63 Prohibited discharge standards.

[Ord. 312. Passed 12-12-1994]

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 1060.04(a) of this chapter or the specific prohibitions in Section 1060.04(b) of this chapter 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 limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Ambler Wastewater Treatment Plant was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

§ 1060.64 Bypass.

[Ord. 312. Passed 12-12-1994]

(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.

(b) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsections (c) and (d) of this section.

(c) Notice.

(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Ambler Wastewater Treatment Plant at least 10 days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the Ambler Wastewater Treatment Plant 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. The Ambler Wastewater Treatment Plant may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(d) Prohibition; Approval.

(1) Bypass is prohibited, and the Ambler Wastewater Treatment Plant may undertake 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 periods of equipment downtime or preventive maintenance; and

C. The user submitted notices as required under Subsection (c) of this section.

(2) The Ambler Wastewater Treatment Plant may approve an anticipated bypass, after considering its adverse effects, if the Ambler Wastewater Treatment Plant determines that it will meet the three conditions listed in Subsection (d)(1) of this section.

§ 1060.65 Building sewers and connections.

[Ord. 312. Passed 12-12-1994]

(a) No unauthorized persons (i.e., persons other than personnel of Ambler Borough, the Ambler Wastewater Treatment Plant, the participating municipalities or their agents) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Township Manager.

(b) There shall be two classes of building sewer permits; one for residential and commercial service, and one for service to industrial users. In either case, the owner or his agent shall make application on a special form furnished by Ambler. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of Lower Gwynedd Township. A permit and inspection fee for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to Lower Gwynedd Township at the time the application is filed. All industrial building sewer permit applications shall be reviewed and approved, in writing, by Lower Gwynedd Township prior to permit issuance. Permit and inspection fees for sewer permits shall be in such amounts as may be established from time to time by Lower Gwynedd Township through resolution.

(c) All costs and expenses incidental to the installation, connection and maintenance of the building sewer shall be borne by the owner or user, who shall indemnify Lower Gwynedd Township from any loss or damage that may directly or indirectly be caused by the installation of the building sewer.

(d) A separate and independent building sewer shall be provided for every building or any part of any building as may be determined by Lower Gwynedd Township.

(e) Old building sewers may be used in connection with new buildings only when they are found, upon examination and test by Lower Gwynedd Township, to meet all requirements of this chapter.

(f) The size, slope, alignment, materials or construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall conform to the requirements of the building and plumbing codes and /or other applicable rules and regulations of Lower Gwynedd Township. In the absence of code provisions or in amplification therefor, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

(g) In order to prevent grease, oil and sand from being discharged into the public sewage system, all hospitals, nursing homes, hotels, restaurants and any other establishments engaged in the preparation, processing or sale of food shall install and properly maintain one or more grease traps of a type and capacity approved by Lower Gwynedd Township, and the same shall be located so as to be readily and easily accessible for cleaning and inspection. If any other user in the opinion of Lower Gwynedd Township discharges a quantity of oil or sand in its sewage so as to warrant the installation and maintenance of one or more grease traps, the same shall be installed and maintained in accordance with these regulations at the direction of Lower Gwynedd Township.

(h) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a method approved by Lower Gwynedd Township and discharged to the building sewer.

(i) No person shall make connection of sump pumps, roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a POTW unless such connection is approved, in writing, by Lower Gwynedd Township for purposes of disposal of polluted surface drainage.

(j) The connection of the building sewer into the POTW (which for purposes of this chapter includes the distribution system) shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by Lower Gwynedd Township before installation.

(k) The applicant for the building sewer permit shall notify the Manager when the building sewer is ready for inspection and connection to the POTW. The connection to the public sewer and testing shall be made under the supervision of the Manager or his representative.

(l) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to Lower Gwynedd Township.

(m) No excavation, construction or connection work shall be commenced within a Lower Gwynedd Township right-of-way until the owner, his agents and/or independent contractor shall have first filed a bond in double the amount of the cost of the work to be performed as determined by Lower Gwynedd Township, agreeing to indemnify and save harmless Lower Gwynedd Township against any and all loss, damages, costs and expenses which Lower Gwynedd Township may thereafter suffer, incur or pay by reason of the failure to complete properly any of the aforesaid excavation, construction or connection work.

(n) The term "owner," as used herein, shall be deemed to include the owner or owners in fee simple, lessees of the premises, occupiers of the premises, users and all other parties having a use or interest in the premises and occupying the same with or without the consent and permission of the owner of the fee title.

(o) Sanitary sewers installed with unused points of connection for building sewers shall have said points of connection capped for watertight integrity prior to connection of the building sewer. The method of capping shall be one approved by the Manager.

§ 1060.66 Wastewater treatment rates.

(Reserved)