[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.
[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]
(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.
[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
|
[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.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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."
|
[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.
[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.
[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.
[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.
[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.
[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:
(b)
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
[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.
[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.
[Ord. 312. Passed 12-12-1994]
(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.
[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.
[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.
[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.
[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]
[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.
(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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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:
(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.
[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.
[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.
[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
(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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
(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
(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.
[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.
(Reserved)
