[Adopted 1-6-1992 by Ord. No. 350 (Ch.
108, Art. IV, of the 1975 Code)]
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BUILDING SEWER
BYPASS
CATEGORICAL INDUSTRIAL USER
CATEGORICAL STANDARDS
CERTIFIED PROFESSIONAL
CHAIN OF CUSTODY
CLEAN STREAMS LAW
COLOR
COMBINED WASTE FORMULA
COMPLIANCE
COMPOSITE SAMPLE
COOLING WATER
DISCHARGE
DOMESTIC WASTES
ENFORCEMENT RESPONSE PLAN
EPA
GARBAGE
GRAB SAMPLE
GROUNDWATER
HOLDING TANK WASTE
INDUSTRIAL PRETREATMENT PROGRAM
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERFERENCE
(1)
(2)
LOCAL LIMITS
MANHOLE
mg/l
MONTHLY AVERAGE
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NEW SOURCE
NONCOMPLIANCE
NPDES PERMIT
OPERATOR
OWNER
PASS-THROUGH
PERSON(S)
pH
POLLUTANT
POLLUTION
POTW
PRETREATMENT
PRETREATMENT COORDINATOR
PRETREATMENT REQUIREMENTS
PROCESS WASTEWATER
PROHIBITED DISCHARGE
PROHIBITIVE DISCHARGE STANDARD
QUALIFIED ANALYST
REFRIGERATION
SANITARY SEWAGE
SANITARY SEWER
SEWAGE CORRECTION SYSTEM
SEWAGE TREATMENT PLANT
SEWER
SEWER SYSTEM
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
SIGNIFICANT NONCOMPLIANCE
SIGNIFICANT VIOLATOR
SLUG or SLUG LOAD
SPCC PLAN
SPILL
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOTAL SOLIDS
TOTAL TOXIC ORGANICS
TOXIC ORGANIC MANAGEMENT PLAN
TOXIC POLLUTANTS
UNAUTHORIZED DISCHARGE
UNAUTHORIZED WASTE
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
The following words, terms and phrases will hereinafter
have the meanings set forth in this section, unless the context clearly
requires a different meaning:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Administrator or the Regional Administrator of Region
III of the EPA.
An authorized representative of an industrial user may be:
A principal executive officer of at least the
level of vice president, if the industrial user is a corporation.
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively.
A principal executive officer or director having
responsibility for the overall operation of the discharging facility
if the industrial user is a governmental entity, charitable organization
or other such unincorporated entity.
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the discharge originates.
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)].
The Borough of Danville, Montour County, Pennsylvania, a
municipal corporation existing under the laws of the Commonwealth
of Pennsylvania.
A sewer conveying wastewater from the premises of a user
to the sewer system.
The intentional diversion of wastewater from any portion
of an industrial user's pretreatment facility through which the wastewater
normally passes.
An industrial user subject to categorical standards.
National Categorical Pretreatment Standards.
A registered professional engineer under the laws of the
state.
A record of sample collection indicating the place and time
of collection and the person collecting the sample. It shall also
include a record of each person involved in possession of the sample,
including the laboratory person who takes final possession of the
sample for the purpose of analysis.
The Act of June 22, 1937, P.L. 1987, as amended and reenacted
by the Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1
to 691.702.
Color of light transmitted through a waste after removal
of all suspended matter, including pseudo-colloidal particles, and
measured in platinum-cobalt units.
A procedure for calculating discharge concentrations of constituents
of industrial waste, as defined in 40 CFR § 403.6(e).
Adherence to conditions or requirements of this article or
the industrial pretreatment program, any written directions issued
by the Borough or any wastewater discharge permit or other permit
issued under the provisions of this article.
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-proportioned composite
sample), or be of equal size and taken at equal time intervals (equal-time
composite sample).
The water from any use such as air conditioning, cooling
or refrigeration, or to which the only pollutant added is heat.
The conveyance of any water or wastewater into the sewer
system.
Normal household wastes from kitchens, water closets, lavatories
and laundries, or any waste from a similar source and possessing the
same characteristics.
A plan and guide developed pursuant to 40 CFR 403.8(f)(5)
providing for the enforcement of the industrial pretreatment program.
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.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.[1]
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.
Water which is contained in or passing through the ground.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The sum of the provisions of this article, amendments thereto
and any activities authorized by this article as regards the regulation
and control of industrial users.
Any person who discharges industrial waste into the sewer
system.
Any solid, liquid or gaseous substance, or form of energy,
which is produced as a result, whether directly or indirectly, of
any industrial, manufacturing, trade or business process or activity,
or in the course of developing, recovering or processing of natural
resources; but not sanitary sewage.
A discharge which, alone or in conjunction with discharges
from other sources:
Inhibits or disrupts the processes or operations
of the sewage treatment plant or the sewage collection system, or
sludge processes, use or disposal; or
Is a cause of a violation of any requirement
of the Borough's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): Article 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) [including Title II, more commonly referred
to as the Resource Conservation and Recovery Act (RCRA), and including
state regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic
Substances Control Act and the Marine Protection, Research and Sanctuaries
Act; or which results in or increases the severity of a violation
of other state or national environmental statutes, rules or regulations.
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged, or likely to be
discharged, by industrial users, and which are developed by the Borough.
A structure allowing access from the surface of the ground
to a sewer.
Milligrams per liter; a measure of concentration of waterborne
substances.
The arithmetic mean of all daily determinations of concentration
made during a calendar month.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users. National Categorical Pretreatment Standards are enumerated in 40 CFR, Chapter 1, Subchapter N, Parts 405 through 471.
Any building, structure, facility or installation for which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical standards
under § 307(c) of the Act which will be applicable to such
source if such categorical standards are thereafter promulgated in
accordance with that section. Determination of the applicability of
new source standards shall be made as provided in the Act and 40 CFR
403.3.
Not in compliance.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any person having charge, care, control or management of
a pretreatment facility for industrial wastes or of truck or trucks
used in the removal, transport or disposal of sewage or industrial
wastes.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.[2]
Discharge of pollutants to the waters of the state either
untreated or insufficiently treated so as to cause pollution or a
violation of the Borough's NPDES permit; or concentration of pollutants
in the sludge so that the end use of the sludge results in pollution,
harm to the environment or a violation of any state or federal sludge
disposal regulation, guideline or standard.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, whether an owner or lessee
of residences, commercial or institutional establishments.[3]
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
Any substance, including but not limited to dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural waste which, when discharged
into water, results in pollution or increases pollution.
The contamination of any waters of the state such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or welfare,
or to domestic, municipal, commercial, industrial, agricultural, recreational
or other legitimate beneficial uses, or to livestock, wild animals,
birds, fish or other aquatic life; or contamination of the air, soil
or of the environment so as to produce or is likely to produce similar
deleterious effects.
A publicly owned treatment works as defined by Section 212
of the Act (33 U.S.C. § 1292). The term includes the sewage
collection system and the sewage treatment plant.
The reduction of the amount of pollutants, the alteration
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a sewer system. The
reduction or alteration can be obtained by physical, chemical or biological
processes, or by means of other process changes except as prohibited
by 40 CFR 403.6(d).
Agent of the Borough designated to administer the provisions
of the industrial pretreatment program.
Any substantive or procedural requirement, other than a categorical
standard, imposed on an industrial user by § 303(b) and
(c) of the Act, the state or the industrial pretreatment program.
Any wastewater resulting from the direct contact of water
with any raw material, intermediate product, finish product, by-product
or waste during any manufacturing process, or water other than cooling
water which results from a manufacturing process.
Any discharge which is prohibited under § 194-24 of the Borough Code.
Any regulation developed under Section 307(b) and (c) of
the Act (33 U.S.C. § 1317) and 40 CFR 403.5.
Any person who has demonstrated competency in the analysis
of wastewater by submission of their generally recognized documentation
of competency to the Borough.
Maintenance of temperature for storage, preservation of food,
or as a process of manufacturing.
The normal watered domestic wastes from any improved property,
but excluding effluent from septic tanks or cesspools; rain, snow
or stormwater; groundwater; or other collected water from roofs, drains
or basements.
A sewer carrying only sanitary sewage or industrial wastes,
and to which storm, surface or ground waters are not intentionally
admitted.
All facilities of the Borough or any municipality party to
a service agreement with the Borough, as of any particular time, used
or usable for collecting, transporting, pumping and disposing of wastewater,
which facilities are connected to and served by the sewage treatment
plant.
That portion of the sewer system owned and operated by the
Borough, which is designed to provide treatment of wastewater and
discharge of treated effluent to the environment.
A pipe or conduit for conveying wastewater.
The sewage collection system, sewage treatment plant and
any sewers that convey wastewater to the sewage treatment plant. For
the purposes of this article, "sewer system" shall also include any
sewers that convey wastewater to the sewage treatment plant from persons
who are, by contract or agreement with the Borough, users of the sewer
system.
An industrial user who:
Has a discharge flow of 25,000 gallons or more
of process wastewater per average workday;
Discharges an organic load, in pounds of BOD
per average workday, of 5% or more of the average daily organic loading
of the sewage treatment plant;
Is regulated by categorical standards; or
Is determined by the Borough to have the potential
of adversely affecting the operation of the POTW, causing interference
or pass-through, or of violating any pretreatment requirement.
A noncompliance which meets or exceeds standards of significant noncompliance as set forth in § 194-27 of the Borough Code.
Any industrial user in significant noncompliance.
Any discharge of water, wastewater or industrial waste in
which the concentration of any constituent or the rate of flow exceeds,
for any period of time longer than 15 minutes, five times the average
concentration or flow rate from that source during a normal working
day.
A spill prevention, control and countermeasure plan prepared
by an industrial user to minimize the likelihood and intensity of
a slug load or spill and to expedite control and cleanup activities
should a slug load or spill occur.
Any discharge of pollutants resulting from the spilling,
overflowing, rupture or leakage of any storage, process or transfer
container, or the control or cleanup activities associated with such
an occurrence.
A classification pursuant to the Standard Industrial Classification
Manual issued by the executive office of the President, Office of
Management and Budget, 1972.
The latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the Water Pollution Control
Federation, the American Public Health Association and the American
Waterworks Association.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Borough to supervise the operation
of the sewage treatment plant and monitor flows in the sewage collection
system, or his duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
The sum of the dissolved and undissolved solid constituents
of water or wastewater.
The sum of all quantifiable values of various organic pollutants
as determined by the Borough or, for certain categorical industrial
users, as defined in the applicable categorical standard.
A plan submitted in lieu of testing for total toxic organics
in which an industrial user specifies methods of control to assure
that total toxic organics do not routinely enter the sewer system.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Section 307(a) of the Act,
or other acts, or is present in sufficient quantity, either singly
or in combination with other wastewater, so as to present risk of
causing interference or pass-through, causing harm to humans, animals
or plants or creating a hazard to persons or property, either in the
sewage collection system, the sewage treatment plant or the environment
into which it is released.
Discharge of an unauthorized waste, or a discharge which
otherwise is not in compliance with the requirements of the industrial
pretreatment program or other rules or regulations of the Borough.
Any substance which is discharged into the sewage collection
system which is not in compliance with the provisions of the industrial
pretreatment program, or which is discharged by a person in violation
of any of the provisions of this article.
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
Industrial wastes 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 enters the sewer system.
As set forth in § 194-26 of the Borough Code.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
Discharge of stormwaters. No person shall discharge
or cause or permit to be discharged any stormwater, surface water,
groundwater, roofwater, subsurface drainage or building foundation
drainage into any sanitary sewer.
B.
Prohibited discharges. No user shall discharge or
cause to be discharged, directly or indirectly, any pollutant or wastewater
which will interfere with the operation or performance of the sewer
system. These general prohibitions apply to all users, whether or
not the users are subject to categorical standards or any other pretreatment
requirements. A user may not discharge the following substances to
the sewer system:
(1)
Any liquids, solids or gases which by reason of their
nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the sewer system or to the operation of the sewer
system. At no time shall two successive readings on an explosion hazard
meter, at the point of discharge into the system (or at any point
in the system), be more than 5% nor any single reading over 10% of
the lower explosive limit (LEL) of the meter. At no time shall the
closed-cup flashpoint of the wastewater be less than 140° F. Prohibited
materials include but are not limited to the following substances
in concentrations which cause exceedance of the above standard: gasoline,
kerosene, naphtha, benzene, ethers, alcohols, peroxides, chlorates,
perchlorates, bromates and carbides.
(2)
Solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the sewer system, such as but not limited to grease, garbage with
particles 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, wastepaper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud
or glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 6.0 or higher
than 10.0, or wastewater having any other corrosive property capable
of causing damage or hazard to structures, equipment and/or personnel
of the sewer system.
(4)
Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other constituents
of the wastewater, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, create a toxic
effect in the receiving waters of the sewage treatment plant or to
exceed the limitation set forth in an applicable categorical standard.
(5)
Any noxious or malodorous liquids, gases or solids
which either singly or by interaction with other substances normally
present in the sewer system are sufficient to create a public nuisance
or hazard to life or are sufficient to prevent entry into the sewer
system for maintenance and repair.
(6)
Any substance which results in the formation or release
of toxic gasses, vapors or fumes in a quantity that may cause acute
worker health and safety problems.
(7)
Any petroleum oil, nonbiodegradable cutting oil or
products of mineral oil origin in amounts that will cause interference
or pass-through, but in no case exceeding 20 milligrams per liter.
(8)
Fats, oils, greases or waxes of animal or vegetable
origin in amounts which exceed 100 milligrams per liter.
(9)
Any substance which may cause the sewage treatment
plant's effluent or any other product of the sewage treatment plant,
such as residues, sludges or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. In no case
shall a substance discharged to the sewer system cause the sewage
treatment plant to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act or state criteria applicable
to the sludge management method being used.
(10)
Any substance which will cause the Borough to
violate its NPDES and/or state collection system permit or applicable
receiving water quality standards.
(11)
Any wastewater with objectionable color which
will pass through the treatment plant, such as but not limited to
dye wastes and vegetable tanning solutions.
(12)
Any wastewater having a temperature which will
inhibit biological activity in the sewage treatment plant resulting
in interference, but in no case wastewater with a temperature at the
discharge into the sewer system which exceeds 40° C. (104°
F.).
(13)
Any pollutants, including oxygen-demanding pollutants
(BOD, etc.), released at a flow rate and/or pollutant concentration
which will cause interference to the sewage treatment plant or interfere
with the operation of the sewer system. In no case shall a slug load
be discharged.
(14)
Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limits
established by the Borough or applicable state or federal regulations.
(15)
Any trucked or hauled wastewater or pollutants
except those discharged at points designated by the Borough.
(16)
Any wastewater which is incompatible with treatment
processes in use at the sewage treatment plant so as to cause interference
or pass-through.
(17)
Any wastewater containing any compounds or salts
of aldrin, dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic
acid, trichlorophenoxyproprionic acid or other persistent herbicides,
pesticides or rodenticides.
D.
Categorical standards. If the categorical standards
for a particular industrial user are more stringent than local limits
or other requirements imposed under the industrial pretreatment program,
then the categorical standards shall apply. The Borough shall notify
all affected industrial users of the applicable reporting requirements
under 40 CFR 403.12. The National Categorical Pretreatment Standards
are hereby incorporated into the industrial pretreatment program as
program requirements for those industrial users subject to such categorical
standards.
E.
Removal credits. Where the sewage treatment plant
achieves constant removal of pollutants limited by categorical standards,
the Borough may apply to the approval authority for modification of
specific limits in the categorical standards. If the requirements
contained in 40 CFR 403.7 are fulfilled and prior approval from the
approval authority is obtained, the Borough may modify pollutant discharge
limits in the categorical standards.
F.
State requirements. State requirements and limitations
on discharges shall apply in any case where they are more stringent
than federal requirements and limitations or those established under
the industrial pretreatment program.
G.
Local limits. The Borough may establish local limits
regulating the discharge of specific pollutants by industrial users.
(1)
Local limits may be established for any substance
which is discharged, or is likely to be discharged, to the sewer system.
(2)
Local limits may limit concentration, mass or a combination
of the two.
(3)
The procedure for the calculation of limits should
be as recommended by the approval authority. Whenever possible, the
calculation of local limits shall be technically based, using all
available information.
(4)
Local limits shall be calculated to prevent interference;
pass-through; the discharge of toxic materials in toxic amounts; threats
to worker health and safety; and physical, chemical or biological
damage to the sewer system.
(5)
Local limits shall be applied to all significant industrial
users and shall be included in all wastewater discharge permits. Local
limits may be applied to other industrial users if deemed appropriate
by the Borough.
(6)
Discharging any pollutant in excess of a local limit
established for that pollutant shall constitute an unauthorized discharge.
Such a discharge is subject to the actions and penalties set forth
herein.
H.
Prohibition on dilution. No industrial user shall,
in any way, attempt to dilute a discharge as a partial or complete
substitute for adequate pretreatment to achieve compliance with the
limitations contained in applicable categorical standards or in any
other pollutant-specific limitation, including local limits, developed
by the Borough or state.
I.
Slug loads and spills. Each industrial user shall
provide protection from spills resulting from prohibited discharges
and slug load discharges. Facilities to prevent spills and slug loads
shall be provided and maintained at the owner or industrial user's
own cost and expense.
(1)
SPCC plans. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the Borough for review and shall be approved by the Borough before
construction of the facility. All existing industrial users shall
complete a spill prevention control and countermeasure (SPCC) plan
or provide evidence that such a plan is not necessary for their facility.
No industrial user who commences discharge to the sewer system after
the effective date of this article shall be permitted to introduce
pollutants into the sewer system until this requirement has been fulfilled.
Review and approval of such plans and operating procedures shall not
relieve the industrial user from the responsibility to modify its
facility as necessary to meet the requirements of the industrial pretreatment
program. In the case of a spill, it is the responsibility of the industrial
user to immediately telephone and notify the Borough of the incident.
The notification shall include location of the discharge, type of
waste, concentration and volume, corrective actions being taken or
planned and expected duration.
(2)
Written notice. Within five days following a spill,
slug load or other accidental discharge, the industrial user shall
submit to the Borough a detailed written report describing the cause
of the discharge and the measures to be taken by the industrial user
to prevent similar future occurrences. Such notification shall not
relieve the industrial user of any expense, loss, damage or other
liability which may be incurred as a result of damage to the sewer
system, fish kills or any other damage to person or property; nor
shall such notification relieve the industrial user of any fines,
civil penalties or other liability which may be imposed by this article
or applicable law.
(3)
Notice to employees. A notice shall be permanently
posted on the industrial user's bulletin board or other prominent
place advising employees whom to call in the event of a spill or other
accidental discharge. Employers shall ensure that all employees who
may cause or suffer such a discharge to occur are advised of the emergency
notification procedure.
J.
Drainage of water filtration systems. Discharge of
filter backwash water to the sewer system shall be regulated as follows:
(1)
Granular media filter backwash water may be discharged
to the sewer system, subject to all of the applicable provisions of
the industrial pretreatment program.
(2)
Diatomaceous earth filter backwash, if discharged
to the sewer system, shall be connected to the sewer system through
settling tanks with no less than three months' storage capacity of
spent diatomaceous earth, which shall be accessible for removing solid
waste for disposal.
K.
Trucked and hauled wastes.
(1)
Discharge of trucked or hauled wastes shall be made
at a point designated by the Borough.
(2)
Such wastes shall conform to all requirements of the
industrial pretreatment program regarding prohibited discharges, regulated
characteristics, local limits or other requirements as to nature and
concentration.
(3)
No trucked or hauled wastes shall be discharged except
as specifically approved by the Borough. The Borough may require testing,
reporting or other specific information to be presented by the operator
or owner prior to discharge.
L.
Grease and sand traps. Grease, oil and sand interceptors
or traps shall be provided by a user when the Borough determines that
such devices are necessary for the proper handling of wastewaters
containing greases, oils or settleable solids. Interceptors and traps
shall be installed, operated, maintained and cleaned properly, so
that they will consistently remove the grease, oil or settleable solids.
Interceptors and traps shall be properly designed to accommodate the
maximum flow rate expected to occur and shall be located as to be
readily and easily accessible for cleaning and inspection.
M.
Garbage grinders. The use of mechanical garbage grinders
producing a finely divided mass, properly flushed with an ample amount
of water, shall be permitted, upon the condition that no such mechanical
garbage grinder used for commercial or business purposes shall be
installed until permission for such use has been obtained from the
Borough.
N.
Notification requirements; hazardous wastes and hazardous
substances.
(1)
All industrial users shall notify the Borough, the
EPA Regional Waste Management Division Director and the Pennsylvania
Department of Environmental Protection, Bureau of Waste Management,
in writing, of any discharge into the POTW of a substance which, if
otherwise disposed of, would be a hazardous waste under 40 CFR Part
261. Such notification shall include the name of the hazardous waste,
as set forth in 40 CFR Part 261, the EPA hazardous waste number and
the type of discharge (continuous, batch or other). If the industrial
user discharges more than 100 kilograms of such waste per calendar
month, the notification shall also include the following information,
to the extent that it is known and readily available to the industrial
user:
(a)
An identification of the hazardous constituents
contained in the waste;
(b)
An estimation of the mass and concentration
in the wastewater of all such constituents discharged in the most
recent month; and
(c)
An estimate of the mass and concentration of
such constituents expected to be discharged during the following 12
months.
(2)
Industrial users that commence discharge after the effective date of this article shall submit the report within 180 days of first discharge of the hazardous waste, except as provided in Subsection N(4) of this section.
(3)
The required report need be submitted only once for
each hazardous waste discharged. Industrial users regulated under
categorical standards which have already submitted such information
in baseline monitoring reports or periodic compliance reports do not
have to report this information again.
(4)
Industrial users that discharge less than 15 kilograms
of hazardous wastes in a calendar month do not have to comply with
these reporting requirements. This exemption does not apply to acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
(5)
An industrial user shall notify the Borough within
five days of becoming aware of any discharges of reportable quantities
of listed or unlisted hazardous substances, as defined at 40 CFR 302.4
(CERCLA Hazardous Substances). This notification shall include the
time of release; the name of the substance; the identifying CAS number,
if known; and the approximate quantity discharged. If the discharge
constitutes a spill, change in wastewater constituents or slug load,
other reporting requirements of the industrial pretreatment program
may also apply.
(6)
Each notification required by this section shall include
a statement certifying that the industrial user has a program in place
to reduce the volume and/or toxicity of the discharged wastes to the
extent that it is economically practical. This statement shall be
signed by the authorized representative of the industrial user.
A.
Purpose. It is the purpose of this section to provide
for the recovery of costs from industrial users of the sewer system
for the implementation of the industrial pretreatment program established
herein. The applicable charges or fees shall be set forth in the Borough's
Schedule of Charges and Fees.[1]
[1]
Editor's Note: The Schedule of Charges and Fees is on file
in the Borough offices.
B.
Fees that may be charged.
(1)
The Borough may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up
and operating the industrial pretreatment program;
(b)
Fees for monitoring, inspections and surveillance
procedures;
(c)
Fees for reviewing accidental discharge procedures
and construction;
(d)
Fees for wastewater discharge permit applications;
(e)
Fees for filing appeals;
(f)
Fees for consistent removal (by the sewage treatment
plant) of pollutants otherwise subject to categorical standards; and
(g)
Other fees as the Borough may deem necessary
to carry out the requirements contained herein.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
Borough.
A.
Requirement for wastewater discharge permits. Discharge
of any industrial waste to the sewer system without a wastewater discharge
permit, except as authorized by the Borough in accordance with the
provisions of the industrial pretreatment program, is an unauthorized
discharge and subject to the penalties provided herein.
B.
Significant industrial users. All significant industrial
users proposing to connect to or to discharge to the sewer system
shall obtain a wastewater discharge permit before connecting to or
discharging to the sewer system.
C.
Other industrial users. Industrial users which are
not significant industrial users do not require a wastewater discharge
permit, but are required to comply with all other provisions of the
industrial pretreatment program. If an industrial user makes changes
to processes, flow, wastewater concentration, wastewater characteristics
or other changes which result in the industrial user meeting the definition
of significant industrial user, the industrial user shall immediately,
upon becoming aware that such a change has occurred or 90 days prior
to such a change if it is planned, notify the Borough and apply for
a wastewater discharge permit.
D.
Permit applications.
(1)
Industrial users required to obtain a wastewater discharge
permit shall complete and file with the Borough an application in
the form prescribed by the Borough and accompanied by the fee prescribed
in the Borough's schedule of fees, at least 90 days prior to connecting
to or discharging to the sewer system. In support of the application,
the industrial user shall submit, in units and terms appropriate for
evaluation, the following information:
(a)
The name, address and location (if different
from the address).
(b)
SIC number or numbers according to the Standard
Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics
as required by the Borough, as determined by a qualified analyst;
sampling and analyses shall be performed in accordance with procedures
established by the EPA pursuant to Section 304(g) of the Act and contained
in 40 CFR Part 136, as amended.
(d)
Each product by type, amount, process or processes
and rate of production.
(e)
The type and amount of raw materials processed
(average and maximum per day).
(f)
The number and type of employees and hours of
operation of the plant and proposed or actual hours of operation of
the pretreatment system.
(g)
The time and duration of wastewater or industrial
waste contribution.
(h)
The average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variation, if any.
(i)
Site plans, floor plans, mechanical and plumbing
plans and details to show all building sewers, sewer connections and
appurtenances by the size, location and elevation.
(j)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(k)
The nature and concentration of any pollutants
in the discharge which are limited by any Borough, state or federal
pretreatment requirements (including local limits) or categorical
standards and a statement regarding whether or not the categorical
standard or pretreatment requirements are being met on a consistent
basis and, if not, how the industrial user proposes to meet the categorical
standards and/or pretreatment requirements, including whether additional
operation and maintenance (O & M) and/or additional pretreatment
is required for the industrial user to meet the applicable categorical
standard or pretreatment requirements. If the applicant is a categorical
industrial user, this statement shall be signed by a certified professional.
(l)
If additional pretreatment and/or O & M
will be required to meet categorical standards or other pretreatment
requirements (including local limits), the shortest schedule by which
the industrial user will provide such additional facilities or procedures
shall be developed and submitted. The completion date of this schedule
shall not be later than the compliance date established for any applicable
categorical standard. The following conditions shall apply to this
schedule:
[1]
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the industrial user to meet the applicable categorical
standards or other pretreatment requirements (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing construction,
etc.).
[2]
No increment referred to in Subsection D(1)(l)[1] above shall exceed nine months.
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the industrial user
shall submit a progress report to the Borough including, as a minimum,
whether or not it complied with the increment of progress to be met
on such date, and, if not, the date on which it expects to comply
with this increment of progress, the reason for delay and the steps
being taken by the industrial user to return the construction to the
schedule established. In no event shall more than nine months elapse
between such progress reports to the Borough.
(m)
Any other information as may be deemed by the
Borough to be necessary to evaluate the application.
(n)
The application shall be signed and attested
to by an authorized representative of the industrial user.
(2)
The Borough will evaluate the data furnished by the
industrial user and may require additional information. After evaluation
and acceptance of the data furnished, the Borough may issue a wastewater
discharge permit subject to terms and conditions provided herein.
E.
Confidentiality of applications.
(1)
All information required by the Borough in the permit
application shall be provided by the industrial user to the best of
its ability.
(2)
If information regarding raw materials, processes,
production rates or other manufacturing information is regarded as
confidential by the industrial user, such information shall be marked
confidential on the application form.
(3)
Confidential shall not apply to information regarding
the flow of or the constituents in the industrial wastewater discharge.
F.
Wastewater discharge permit conditions.
(1)
Wastewater discharge permits shall be expressly subject
to all provisions of the industrial pretreatment program and all other
applicable regulations, user charges and fees established by the Borough.
Permits shall contain the following:
(a)
Limits on the average and maximum wastewater
constituents and characteristics, including local limits and/or categorical
standards, as applicable;
(c)
Requirements for submission of technical reports
or discharge reports, including the information to be contained and
the signatory requirements of these reports;
(d)
Specifications for monitoring programs which
may include sampling locations, frequency of sampling, number, types
and standards for tests and reporting schedule;
(e)
Requirements for maintaining and retaining records
relating to industrial waste and wastewater discharges and characteristics
as specified by the Borough and affording the Borough access thereto;
(f)
Requirements for notification to the Borough
of any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
discharged into the sewer system;
(h)
Statement of duration of the wastewater discharge
permit;
(j)
Notification of penalties provided for noncompliance as contained in § 194-28 of the Borough Code; and
(k)
Notification of right of appeal.
(2)
Permits may also contain other information, including
but not limited to:
(a)
Limits on average and maximum rate and time
of discharge or requirements for flow regulation and equalization;
(b)
Requirements for installation and maintenance
of inspection and sampling facilities;
(c)
Requirements for installation and maintenance
of pretreatment facilities;
(d)
Requirements for developing and implementing
special plans or practices such as toxic organic management plans,
special management or housekeeping practices or other such procedures;
(e)
Compliance schedules;
(f)
The unit charge or schedule of user charges
and fees for the wastewater to be discharged to the sewer system;
and
(g)
Other conditions as deemed appropriate by the
Borough to ensure compliance with this article or any other applicable
ordinance.
G.
Transferability of permits. Wastewater discharge permits
are issued to a specific industrial user for a specific operation.
A wastewater discharge permit shall not be reassigned or transferred
or sold to a new person, new industrial user, different premises or
a new or changed operation without the approval of the Borough. Any
succeeding industrial user shall also comply with the terms and conditions
of the existing wastewater discharge permit. The Borough may, at its
discretion, deny the transfer of a wastewater discharge permit and
require application for a new wastewater discharge permit under the
provisions of this section.
H.
Duration of wastewater discharge permits. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period of less than a year or may be dated to expire on a specific date. The industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days prior to the expiration of the industrial user's existing wastewater discharge permit. The terms and conditions of the wastewater discharge permit may be subject to modification by the Borough during the term of the wastewater discharge permit as limitations or requirements as identified in § 194-24 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its wastewater discharge permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
I.
Delayed permit renewal.
(1)
If the industrial user has complied with the terms of the wastewater discharge permit and the industrial pretreatment program and has applied for renewal as provided for in Subsection H of this section and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect until it is reissued or rescinded by the Borough.
(2)
If the wastewater discharge permit is not renewed
because of a failure of the industrial user to apply for renewal in
a timely fashion or through an act or omission of the industrial user,
then discharge of industrial waste by the industrial user without
a wastewater discharge permit is an unauthorized discharge and is
subject to the enforcement provisions of this article.
J.
Appeal of wastewater discharge permits.
(1)
Any industrial user that is issued a wastewater discharge permit may appeal the permit conditions, in whole or in part. Appeal procedures shall be as set forth in § 194-27G of the Borough Code.
(2)
During the process of appeal, the wastewater discharge
permit shall remain in effect and shall be enforced with the exception
of those conditions specified in writing in the appeal. Conditions
imposed by federal or state regulations (e.g., categorical standards)
shall not be waived. Conditions which, in the opinion of the Borough,
would constitute a hazard or pose a potential threat of pollution
if waived shall not be waived during an appeal.
K.
Baseline monitoring reports.
(1)
As soon as possible following the promulgation of
a categorical standard, the wastewater discharge permit of industrial
users subject to such standards shall be revised, if necessary, to
require compliance with such categorical standard within the time
frame prescribed by the categorical standard.
(2)
Where an industrial user, subject to a newly promulgated categorical standard, has not previously submitted an application for a wastewater discharge permit as required by Subsection D of this section, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard:
(3)
An industrial user with an existing wastewater discharge
permit shall submit to the Borough within 180 days after the promulgation
of an applicable categorical standard the information required by
40 CFR 403.12(b).
(4)
A new source or an industrial user that becomes a
categorical industrial user through a change in facilities or processes
shall submit a report containing the information required by 40 CFR
403.12(b) at least 90 days prior to commencement of discharge from
the regulated process or facility.
L.
Categorical compliance report. Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal work cycles. The report shall also state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in Subsection D(1)(l) of this section. This statement shall be signed by an authorized representative of the industrial user and certified to by a certified professional.
M.
Periodic compliance reports.
(1)
All significant industrial users shall report to the
Borough, at least twice a year, the date of the report to be as determined
by the Borough and contained in the wastewater discharge permit. Reports
may be required more frequently, if deemed necessary by the Borough.
(2)
The reports required under this section shall contain, at a minimum, the measured concentrations of all pollutants regulated by the wastewater discharge permit, a record of all measured daily flows which exceeded the average daily flow value reported in compliance with Subsection D(1)(h) of this section and a statement of accuracy and completeness signed and certified by the authorized representative of the significant industrial user.
(3)
For significant industrial users subject to categorical
standards, if discharge limits are based on mass units per production
unit, then production information regarding the regulated processes
during the reporting period shall be included in the report, along
with flow and concentration values, so that a determination of compliance
or noncompliance with categorical standards can be made.
(4)
For significant industrial users subject to categorical
standards, the report shall contain the certification of compliance
with those standards, signed by a certified professional.
N.
Reporting and resulting of discharge limit violations.
(1)
If, upon receipt of valid sampling and testing results,
a significant industrial user becomes aware that a violation of discharge
limits has occurred, the significant industrial user shall, within
24 hours of becoming aware of the violation, notify the Borough of
this fact. Within 30 days of becoming aware of the violation, the
significant industrial user shall also sample and analyze its discharge(s)
for each parameter found to be in violation and report the results
of the resampling and analysis to the Borough.
(2)
Each significant industrial user shall have a duty,
on receipt of validly obtained sampling and analysis results, of inspecting
the results and determining if any wastewater discharge permit condition
has been violated. Failure to examine and compare testing results
with wastewater discharge permit conditions shall not be a valid defense
for failure to comply with these reporting conditions.
O.
Sampling and analysis. All sampling and analysis performed in compliance with wastewater discharge permit conditions or to prepare the reports required in Subsections K, L, M and N of this section shall be accomplished using techniques specified in 40 CFR Part 136, or alternative procedures approved by the administrator or using procedures described in standard methods if no EPA-approved procedure exists.
P.
Monitoring facilities.
(1)
The Borough may require an industrial user to provide
and operate, at the industrial user's own expense, monitoring facilities
to allow inspection, sampling and flow measurement of the wastewater
or industrial waste discharge. The monitoring facility should normally
be situated on the industrial user's premises, but the Borough may,
when such a location would be impractical or cause undue hardship
on the industrial user, 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.
(2)
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 operating condition
at the expense of the industrial user.
(3)
Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in accordance
with the Borough's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the Borough.
Q.
Inspections. The Borough may inspect the facilities
of any user to ascertain whether the purposes of the industrial pretreatment
program are being met and all requirements are being complied with.
Persons or occupants of premises where wastewater is created or discharged
shall allow the Borough or its representative ready access at all
reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination and copying or in the performance
of any of their duties. The Borough, approval authority and EPA shall
have the right to set up on the user's property such devices as are
necessary to conduct sampling, inspection, compliance monitoring and/or
metering operations. Where a user has security measures in force which
would require proper identification and clearance before entry onto
their premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification,
personnel from the Borough, approval authority and EPA will be permitted
to enter, without delay, for the purpose of performing their specific
responsibilities.
R.
Pretreatment facilities. Industrial users shall provide
necessary wastewater pretreatment as required to comply with the industrial
pretreatment program and shall achieve compliance with all applicable
categorical standards within the time limitations as specified by
the applicable categorical standards. Any facilities required for
pretreatment shall be provided, operated and maintained at the industrial
user's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the Borough for review
and shall be acceptable to the Borough before construction of the
facility. The review of such plans and operating procedures will in
no way relieve the industrial user from the responsibility of modifying
the facility as necessary to produce a discharge which complies with
the provisions of the industrial pretreatment program. Any subsequent
changes in the pretreatment facilities or method of operation shall
be reported to and be acceptable to the Borough prior to the industrial
user's initiation of the changes. The review and acceptance of plans
and procedures by the Borough shall not be considered as an approval
regarding their efficacy, safety or reliability; such considerations
are solely the responsibility of the industrial user.
S.
Confidentiality.
(1)
Information and data on an industrial user obtained
from reports, questionnaires, wastewater discharge permit applications
and monitoring programs and from inspections shall be available to
the public or any governmental agency without restriction unless the
industrial user specifically requests and is able to demonstrate to
the satisfaction of the Borough that the release of such information,
processes or methods of production are entitled to protection as trade
secrets of the industrial user.
(2)
When requested by the person showing a report and
supported by evidence acceptable to the Borough as to need for protection
as confidential material, the portion 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 upon written
request to governmental agencies for uses related to the industrial
pretreatment program, the Borough's NPDES permit, any state permit
and/or the industrial pretreatment program; provided, however, that
such portions of a report shall be available for use by the EPA, the
state or any state agency in judicial review or enforcement proceedings
involving the person showing the report. Wastewater constituents and
characteristics will not be recognized as confidential information.
(3)
The Borough shall maintain a secure place to store
records containing confidential information and shall ensure that
all records marked as confidential are kept secure from casual or
public scrutiny.
(4)
When information accepted by the Borough as confidential
is transmitted to any government agency, a notification to the industrial
user shall be provided listing the confidential information transmitted
and the governmental entity requesting it.
T.
Change in operations.
(1)
Any industrial user contemplating or planning a change
in the manufacturing process, raw materials, auxiliary processes,
pretreatment processes or other changes which may result in changes
to wastewater character, composition, volume or rate of flow shall
notify the Borough, in writing, at least 30 days prior to making such
a change, or, if the change is unplanned, immediately upon making
the change. The report shall include all information necessary to
determine the effect on the wastewater of the change.
(2)
The Borough may, on receipt of such a report:
(a)
Continue an existing wastewater discharge permit
in effect;
(b)
Require application for a new wastewater discharge
permit;
(c)
Modify an existing wastewater discharge permit
to reflect the changed nature of the waste;
(d)
Rescind and reissue an existing wastewater discharge
permit in order to make substantial changes in wastewater discharge
permit conditions;
(e)
Revoke an existing wastewater discharge permit
or require the industrial user to cease or prevent the discharge;
or
(f)
Take such other action as it deems appropriate.
U.
Records.
(1)
The Borough shall keep and maintain all records relating
to the administration and enforcement of the industrial pretreatment
program, including but not limited to wastewater discharge permit
applications, investigations and calculations, wastewater discharge
permits, inspection reports, industrial user reports, sampling results
and enforcement activities, for a minimum of three years. In cases
of ongoing litigation, records shall be maintained as long as they
may be required.
(2)
All industrial users shall keep and maintain records
of monitoring activities and results, wastewater discharge permits
and reports to the Borough for a minimum of three years. In cases
of ongoing litigation, such records shall be maintained as long as
they may be required.
A.
Right to refuse. The Borough reserves the right to
refuse to accept wastewater or combinations of wastewater which are
discharged in violation of the terms or conditions of the industrial
pretreatment program or any written directions issued by the Borough
pursuant to the conditions of the industrial pretreatment program.
The Borough may take such steps as it deems necessary, as outlined
in this section, to compel discontinuance of use of the sewer system
or pretreatment of industrial wastes in order to comply with the provisions
of the industrial pretreatment program.
B.
Suspension of permit.
(1)
The Borough may suspend the wastewater discharge permit
when such suspension is necessary, in the opinion of the Borough,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons or to the environment, causes interference or
pass-through or causes the Borough to violate any condition of its
NPDES permit or any other federal or state law, rule, regulation or
permit condition.
(2)
Any industrial user notified of a suspension of its
wastewater discharge permit shall immediately stop or eliminate the
discharge. In the event of a failure of the industrial user to comply
voluntarily with the notice of suspension, the discharge shall be
considered an unauthorized discharge, and the Borough shall take such
steps as deemed necessary, including immediate severance or plugging
of the connection between the building sewer and the sewage collection
system, to prevent or minimize damage to the sewer system or endangerment
to the environment or any property or person.
(3)
The Borough shall reinstate the wastewater discharge
permit upon submission of proof by the industrial user of the elimination
of the unauthorized discharge. A detailed written statement submitted
by the industrial user describing the causes of the unauthorized discharge
and the measures taken to prevent any future occurrence shall be submitted
to the Borough within 15 days of the date of occurrence.
C.
Revocation of permit.
(1)
Any industrial user who violates the following conditions
of the industrial pretreatment program or applicable state and federal
regulations is subject to having its wastewater discharge permit revoked:
(b)
Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics as required in § 194-26T of the Borough Code;
(c)
Refusal of reasonable access to the industrial
user's premises for the purpose of inspection or monitoring; or
(d)
Significant noncompliance with conditions of
the wastewater discharge permit.
D.
Notice of violation. Whenever the Borough finds that
any industrial user has violated or is violating the provisions of
the industrial pretreatment program, its wastewater discharge permit
or any prohibition, limitation or requirements contained herein, the
Borough may serve upon such industrial user a written notice stating
the nature of the violation and requiring a response with a special
time. Responses required of industrial users may include but are not
restricted to actions, plans, compliance schedules or written explanations.
E.
Show-cause hearing.
(1)
The Borough may direct any industrial user who causes
or allows an unauthorized discharge to enter the sewer system or who
violates any condition or requirement of the industrial pretreatment
program or its wastewater discharge permit to show cause before the
Borough why the proposed enforcement action should not be taken. A
notice shall be served on the industrial user specifying the time
and place of a hearing to be held by the Borough regarding the violation,
the reasons why the action is to be taken, the proposed enforcement
action and directing the industrial user to show cause before the
Borough why the proposed enforcement action should not be taken. The
notice of the hearing shall be served personally or by registered
or certified mail (return receipt requested) at least 10 days before
the hearing. Service may be made on any agent or officer of a corporation
if the industrial user is a corporation.
(2)
The Borough may itself conduct the hearing and take
the evidence or may designate any of its members or any representative
of the Borough to:
(a)
Issue in the name of the Borough notices of
hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations,
to the Borough for action thereon.
(3)
At any hearing held pursuant to this subsection, 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.
(4)
After the Borough has reviewed the evidence, it may,
in writing, direct the industrial user to take certain actions to
correct the unauthorized discharge or to achieve compliance. The actions
which may be directed include but are not limited to:
(a)
Installation of pretreatment facilities or equipment.
(b)
Modification or additions to existing pretreatment
facilities or equipment.
(c)
Initiation of management practices which are
required to alter the nature of the industrial waste being discharged.
(d)
Development or implementation of SPCC plans
or other measures.
(e)
Other measures found to be necessary to correct
the unauthorized discharge or other noncompliance.
(f)
The direction may be in the form of a schedule
for compliance, setting dates by which certain actions shall be taken.
(5)
Failure of an industrial user to comply with written
directions issued pursuant to a hearing constitutes a violation of
the Borough Code and may be subject to additional actions or penalties
as outlined in this section.
F.
Administrative orders. The Borough may issue written directions as described in Subsection E(4) of this section without a show-cause hearing if the Borough determines that such directions are necessary to correct conditions or remedy continuing violations of any wastewater discharge permit or other requirements of the industrial pretreatment program, the Borough Code or federal or state regulations.
G.
Right of appeal.
(1)
An industrial user may appeal the enforcement actions enumerated above in Subsections B, C, E and F of this section or wastewater discharge permit conditions, in whole or in part. An appeal is subject to the following requirements:
(a)
The appeal must be made in writing to the Borough.
(b)
The appeal must be made within 30 calendar days
from the date of receipt of the wastewater discharge permit, written
directions or notice of suspension or revocation of a wastewater discharge
permit being appealed by the industrial user.
(c)
The appeal must state the specific provision(s)
of a wastewater discharge permit or the specific directions of the
Borough which are being contested.
(d)
The appeal must state the reasons for the appeal
of each provision.
(e)
The appeal may suggest alternate or revised
provisions to replace those appealed.
(2)
Provisions mandated by federal or state regulations
(e.g., compliance with categorical standards) shall not be appealed.
(4)
Within 60 days of receipt, the representatives reviewing
the appeal shall report, in writing, to the Borough the results of
the review. The report shall contain, at a minimum:
(a)
A summary of each item appealed, the appellant's
reasons for appeal and the appellant's proposed remedies, if any.
(b)
The finding of merit for each point and the
reason(s) for finding.
(c)
For each point found to be with merit, a proposed
remedy and a finding that the remedy is allowable under the provisions
of the industrial pretreatment program and all applicable federal,
state and local rules, regulations and laws.
(5)
The Borough shall review the report and, at one or
more regular or special public meetings, take any additional testimony
offered by the appellant, reviewer, pretreatment program coordinator
or other interested party. The Borough shall, within 45 days of the
conclusion of testimony, decide to:
(6)
This decision constitutes final administrative action.
H.
Civil actions. If any person violates the provisions
of the industrial pretreatment program, including local federal or
state pretreatment requirements, categorical standards or any wastewater
discharge permit or written directions issued by the Borough, the
Borough may commence an action for appropriate legal and/or equitable
relief in the (Circuit) Court of Centre County.
I.
Injunctive relief. If any person causes or permits
an unauthorized discharge to occur or otherwise violates the conditions
imposed by the industrial pretreatment program or any wastewater discharge
permit or written directions issued by the Borough or any federal
or state pretreatment requirement or categorical standard, the Borough
may commence an action in the (Circuit) Court of Centre County for
injunctive relief to stop the unauthorized discharge or to require
compliance with the applicable condition.
J.
Enforcement response plan. The Borough shall develop
an enforcement response plan to guide the pretreatment coordinator
in the administration of the industrial pretreatment program. The
enforcement response plan shall meet the requirements of 40 CFR 403.8(f)(5)
regarding the contents of enforcement response plans. The pretreatment
coordinator shall be guided by the enforcement response plan when
reviewing industrial user reports, inspection results and other compliance
information and when recommending to the Borough enforcement action
in response to noncompliance.
K.
Significant violators. The Borough shall publish annually,
in the local daily newspaper of highest circulation, a list of industrial
users that were found to be in significant noncompliance during the
previous calendar year. Significant noncompliance shall be determined
using measures of rate, magnitude and type of noncompliance, as delineated
below:
(1)
Chronic violations of local limits, prohibitive discharge
standards, categorical standards or other numerical limitations on
discharges of industrial waste. A chronic violation occurs if the
violation occurs in 66% or more of all measurements taken during a
six-month period for the same pollutant(s).
(2)
Technical review criteria (TRC) violations of local
limits, prohibitive discharge standards, categorical standards or
other numerical limitations on discharges of industrial waste. A TRC
violation occurs if 33% or more of all of the measurements for any
pollutant equal or exceed the product of the daily maximum limit or
the monthly average limit and the applicable TRC. For conventional
pollutants (BOD, total suspended solids and fats, oil and grease),
the TRC equals 1.4; for all other pollutants except pH, the TRC equals
1.2.
(3)
Any violation of limits, prohibitive discharge standards,
categorical standards or other numerical limitations on discharges
of industrial waste which the Borough determines has caused pass-through
or interference or has endangered the health or safety of Borough
personnel or the public.
(4)
Any discharge that has caused imminent endangerment to human health, welfare or the environment or has caused the Borough to exercise its emergency authority under Subsection B of this section.
(5)
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a wastewater discharge
permit or submitted in response to written directions of the Borough
for starting construction, completing construction or attaining final
compliance.
(6)
Failure to provide, within 30 days after the due date,
any required reports, including but not limited to baseline monitoring
reports, periodic compliance reports, reports on compliance with compliance
schedules or reports on a change in operations.
(7)
Failure to accurately report any noncompliance.
(8)
Any other violation, noncompliance or group of violations
or noncompliances which the Borough determines will adversely affect
the operation or implementation of the industrial pretreatment program.
L.
Records. The Borough shall maintain records of all
enforcement actions taken, the reasons for those actions and the results
of those actions. These records shall be made available to the approval
authority and the public during normal Borough business hours.
Any user who is found to have failed to comply
with any provisions of the industrial pretreatment program or the
rules, regulations and permits issued hereunder shall be fined not
less than $600 nor more than $1,500 for each offense. Each day on
which a violation shall occur or continue shall be deemed a separate
and distinct offense. In addition to the penalties provided herein,
the Borough may recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by appropriate suit
at law against the person found to have violated this article or the
rules, regulations and permits issued hereunder.
