This article sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system for the Borough of Canonsburg, the Borough of Houston and the
Canonsburg-Houston Joint Authority and enables the Boroughs to comply
with all applicable state and federal laws required by the Clean Water
Act of 1977 and the General Pretreatment Regulations (40 CFR Part
403).
A.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
(2)
To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system inadequately treated, into
receiving waters or the atmosphere or which will otherwise be incompatible
with the system;
(3)
To improve the opportunity to recycle and reclaim wastewater and
sludges from the system; and
(4)
To provide for equitable distribution of the cost of the municipal
wastewater system.
B.
This article provides for the regulation 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 customer's capacity
will not be preempted and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
C.
This article shall apply to the Borough of Canonsburg, the Borough
of Houston and to the Canonsburg-Houston Joint Authority who are,
by contract or agreement with the Boroughs and the Authority, users
of the Boroughs' or the Authority's publicly owned treatment works
(POTW). Except as otherwise provided herein, the Canonsburg Borough
Manager and the Canonsburg-Houston Joint Authority Plant Manager shall
administer, implement and enforce all of the provisions of this article.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Director in a National Pollution Discharge Elimination
System (NPDES) state with an approved state pretreatment program,
and the Administrator of the Environmental Protection Agency (EPA)
in a non-NPDES state, or an NPDES state without an approved state
pretreatment program.
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,
or a duly authorized representative of the individual designated above,
if such representative is responsible for the overall operation of
the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards or pretreatment
standards.
The Boroughs of Canonsburg and Houston and the Canonsburg-Houston
Joint Authority, or any one of them individually.
The term "control authority" shall refer to the approval
authority, as defined hereinabove, or the Superintendent if the Borough
has an approved pretreatment program under the provisions of 40 CFR
403.11.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
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.
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.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW (including holding tank waste
discharged into the system).
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402, of the Act (33 U.S.C. § 1342).
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the Borough's NPDES permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with 405 of the Act
(33 U.S.C. § 1345) or any criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean
Air Act, the Toxic Substances Control Act, or more stringent state
criteria, including those contained in any state sludge management
plan prepared pursuant to Title IV of the SWDA applicable to the method
of disposal or use employed by the POTW.
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. § 1347), which applied to a specific category of
industrial users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a Section 307(c)
(33 U.S.C. § 1317) Categorical Pretreatment Standard which
will be applicable to such sources, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, a
new source means any source, the construction of which is commenced
after the date of promulgation of the standard.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine and the
singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
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 and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment
other than a National Pretreatment Standard imposed on an industrial
user.
That portion of the POTW designed to provide treatment to
wastewater.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the Borough.
This definition includes any sewers that convey wastewater to the
POTW treatment plant but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment. For the purposes
of this article, POTW shall also include any sewers that convey wastewater
to the POTW from persons outside the Borough who are, by contract
or agreement with the Borough, users of the Borough POTW.
The term "shall" is mandatory; the term "may" is permissive.
Any industrial user of the Borough's wastewater disposal
system who has a discharge flow of 25,000 gallons or more per average
work day; has a flow greater than 5% of the flow in the Borough's
wastewater treatment system; has in his wastes toxic pollutants as
defined pursuant to Section 307 of the Act or Pennsylvania Statutes
and Rules; or is found by the Borough, State Control Agency or the
United States Environmental Protection Agency (EPA) to have significant
impact, either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the system's
effluent quality or air emissions generated by the system.
Commonwealth of Pennsylvania.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
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 publicly owned treatment works and who is charged with certain
duties and responsibilities by this article, 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.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of the Clean Water Act, Section 307(a), or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's POTW.
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.
As set forth in § 139-16 of this article.
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.
The following abbreviations shall have the designated meanings:
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BOD — biochemical oxygen demand
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CFR — Code of Federal Regulations
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COD — chemical oxygen demand
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EPA — Environmental Protection Agency
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l — liter
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mg — milligrams
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mg/l — milligrams per liter
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NPDES — National Pollutant Discharge Elimination System.
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POTW — publicly owned treatment works
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SIC — standard industrial classification
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SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
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TSS — total suspended solids
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U.S.C. — United States Code
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A.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW, whether or not the user is subject
to National Categorical Pretreatment Standards or any other national,
state or local pretreatment standards or requirements. A user may
not contribute the following substances to the POTW:
(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 POTW or to the operation of the POTW. 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. Prohibited materials include but are not
limited to gasoline, fuel oil, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides and any other
substance which the Borough, the state or the EPA has notified the
user is a fire hazard or a hazard to the system.
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities, 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 fleshing, 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, plastics, gas, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil, mud, glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 5.0 or more than 10.0, unless
the POTW is specifically designed to accommodate such wastewater,
or wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or personnel of the
POTW.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure,
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
or the POTW or exceed the limitation set forth in a Categorical Pretreatment
Standard. A toxic pollutant shall include, but not be limited to any
pollutant identified pursuant to Section 307(a) of the Act.
(5)
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
(6)
Any substance which may cause the POTW's effluent or any other product
of the POTW, 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 POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act; any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substance Control Act or state criteria applicable to the sludge management
method being used.
(7)
Any substance which will cause the POTW to violate its NPDES Permit
and/or State Disposal System Permit or the receiving water quality
standards.
(8)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant, resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW's which exceeds 40° C. (104° F.), unless the POTW
treatment plant is designed to accommodate such temperature.
(10)
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which
a user knows or has reason to know will cause interference to the
POTW. In no case shall a sludge load have a flow rate or contain concentration
or qualities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
(11)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Superintendent in compliance with applicable state or federal
regulations.
(12)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
B.
When the Superintendent determines that a user is contributing to
the POTW any of the above enumerated substances in such amounts as
to interfere with the operation of the POTW, the Superintendent shall
advise the user(s) of the impact of the contribution on the POTW and
develop effluent limitations for such user to correct the interference
with the POTW.
Upon the promulgation of the National Categorical Pretreatment
Standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this article for
sources in that subcategory, shall immediately supersede the limitations
imposed under this article. The Borough shall notify all affected
industrial users of the applicable reporting requirements under 40
CFR 403.12. Each user to whom the requirements apply shall be responsible
to notify the Borough of changes to its status under the federal,
state or local regulations.
Where the Borough's wastewater treatment system achieves consistent
removal of pollutants limited by federal pretreatment standards, the
Borough may apply to the approval authority for modifications of specific
limits in the National Categorical Pretreatment Standards. "Consistent
removal" shall mean the reduction in the amount of a pollutant or
alteration of the nature of the pollutant by the wastewater treatment
system to a less toxic or harmless state in the effluent which is
achieved by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c)(2) of Title 40 of
the Code of Federal Regulations, Part 403, General Pretreatment Regulations
for Existing and New Sources of Pollution, promulgated pursuant to
the Act. The Borough may then modify pollutant discharge limits in
the federal pretreatment standards if the requirements contained in
40 CFR Part 403, Section 403.7, are fulfilled and prior approval from
the approval authority is obtained.
No person shall discharge wastewater containing in excess of:
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mg/l arsenic
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mg/l cadmium
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mg/l copper
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mg/l cyanide
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mg/l lead
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mg/l mercury
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mg/l nickel
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mg/l silver
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mg/l total chromium
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mg/l zinc
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mg/l total identifiable chlorinated hydrocarbons
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mg/l phenolic compounds which cannot be removed by the Borough's
wastewater treatment processes.
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State requirements on discharges shall apply in any case where
they are more stringent than federal requirements and limitations
or those in this article.
The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 139-1 of this article.
No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards or with any other pollutant-specific limitations developed by the Borough or state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in § 139-4, e.g., the pH prohibition.)
[Amended 12-16-1997 by Ord. No. 1216]
Each user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this article.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner or user's own cost and
expense. 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.
No user who commences contribution to the POTW after the effective
date of this article shall be permitted to introduce pollutants into
the system until the accidental discharge procedures have been approved
by the Borough. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of this
article. In the case of an accidental discharge, it is the responsibility
of the user to immediately telephone and notify the POTW of the incident.
The notification shall include the location of the discharge, type
of waste, concentration and volume and corrective actions.
Within five days following an accidental discharge, the user
shall submit to the Superintendent a detailed written report describing
the cause of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage or other liability which
may be incurred as a result of damage to the POTW, fish kills or any
other damage to person or property, nor shall such notification relieve
the user of any fines, civil penalties or other liability which may
be imposed by this article or other applicable law.
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 dangerous discharge. Employers shall ensure that all
employees who may cause or suffer such a dangerous discharge to occur
are advised of the emergency notification procedures.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from users of the Borough's wastewater disposal system for
the implementation of the program established herein. The applicable
charges or fees shall be set forth by the Borough's schedule of charges
and fees.
B.
The Borough may adopt charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and operating the Borough's
pretreatment program.
(2)
Fees for monitoring, inspections and surveillance procedures.
(3)
Fees for reviewing accidental discharge procedures and construction.
(4)
Fees for permit application.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal by the Borough of pollutants otherwise
subject to federal pretreatment standards.
(7)
Other fees as the Borough may deem necessary to carry out the requirements
contained herein.
C.
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the Borough.
It shall be unlawful to discharge without a Borough permit to
any natural outlet within the Borough or in any area under the jurisdiction
of said Borough and/or to the POTW any wastewater, except as authorized
by the Superintendent in accordance with the provisions of this article.
A.
General permits. All significant industrial users proposing to connect
to or contribute to the POTW shall obtain a wastewater discharge permit
before connecting to or contributing to the POTW. All existing significant
users connected to or contributing to the POTW shall obtain a wastewater
contribution permit within 180 days (optional) after the effective
date of this article.
B.
Permit application. Users required to obtain a wastewater contribution
permit shall complete and file with the Borough, an application in
the form prescribed by the Borough and be accompanied by a fee in
an amount as set forth from time to time by resolution of the Borough
Council. Existing users shall apply for a wastewater contribution
permit within 30 (optional) days after the effective date of this
article, and proposed new users shall apply at least 90 (optional)
days prior to connecting to or contributing to the POTW. In support
of the application, the user shall submit, in units and terms appropriate
for evaluation, the following information:
[Amended 12-16-1997 by Ord. No. 1216]
(1)
The name, address and location (if different from the address);
(2)
The SIC number, according to the Standard Industrial Classification
Manual, Bureau of the Budget 1972, as amended;
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 139-4 through 139-13, inclusive, of this article, as determined by a reliable analytical laboratory; 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;
(4)
The time and duration of contribution;
(5)
The average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variation, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation;
(7)
A description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged;
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by the Borough, state or federal pretreatment
standards and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards;
(9)
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. The completion date in
this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. The following conditions
shall apply to this schedule:
(a)
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 user to meet the applicable pretreatment standards (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.).
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Superintendent, 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
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Superintendent.
(10)
Each product produced by type, amount, process or processes
and rate of production;
(11)
The type and amount of raw materials processed (average and
maximum per day);
(12)
The number and type of employees and hours of operation of plant
and proposed or actual hours of operation of pretreatment system;
and
(13)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application. The Borough will evaluate
the data furnished by the user and may require additional information.
After evaluation and acceptance of the date furnished, the Borough
may issue a wastewater contribution permit subject to terms and conditions
provided herein.
C.
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of said users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection B, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by § 139-16B(8) and (9).
D.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, user charges and fees established by the Borough. Permits
may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
(2)
Limits on the average and maximum wastewater constituents and characteristics;
(3)
Limits on the average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
(4)
Requirements for installation and maintenance of inspection and sampling
facilities;
(5)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
(6)
Compliance schedules;
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Borough and affording
the Borough access thereto;
(9)
Requirements for notification of the Borough of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system;
(11)
Other conditions as deemed necessary by the Borough to ensure
compliance with this article.
E.
Permit duration. Permits shall be issued for a specified time period, not to exceed five (optional) years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit, as limitations or requirements as identified in §§ 139-4 through 139-13, inclusive, are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F.
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without the approval
of the Borough. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit.
A.
Compliance date report. Within 90 days following the date for final
compliance with applicable pretreatment standards, or in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Superintendent a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by pretreatment standards or requirements
and the average and maximum daily flow for these process units in
the user facility which are limited by such pretreatment standards
or requirements. The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent basis and,
if not, what additional O&M and/or pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards
or requirements. This statement shall be signed by an authorized representative
of the industrial user, and certified by a qualified professional.
B.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standards or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flow which, during the reporting period, exceeded the average daily flow reported in § 139-16B. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(2)
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto or with any other sampling and analytical procedures approved by the Administrator.
A.
The Borough shall require to be provided and operated, at the user's
sole expense, monitoring facilities to allow inspection, sampling
and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the
user's premises, but the Borough may, when such a location would be
impractical or cause undue hardship on the 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.
B.
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 user.
C.
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.
The Borough shall inspect the facilities of any user to ascertain
whether the purpose of this article is 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 their representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or copying
in the performance of any of their duties. The Borough, approval authority
(where the NPDES State is the 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 into its
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 purposes of performing their specific
responsibilities.
A.
Users shall provide necessary wastewater treatment as required to
comply with this article and shall achieve compliance with all National
Categorical Pretreatment Standards within the time limitations as
specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the Borough
shall be provided, operated and maintained at the 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 user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Borough under the provisions
of this article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Borough prior to the user's initiation of the changes.
B.
The Borough shall annually publish in the newspaper a list of the
users which were not in compliance with any pretreatment standards
or requirements at least once during the previous 12 months. The notification
shall also summarize any enforcement actions taken against any user
during the same 12 months [reference: 40 CFR 403.8(f)(2)(VII)].
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction, unless the user specifically requests and is able to
demonstrate to the satisfaction of the Borough that the release of
such information would divulge information, processes or methods of
production entitled to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NPDES) permit, State Disposal System permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
C.
Information accepted by the Borough as confidential shall not be
transmitted to any governmental agency or to the general public by
the Borough until and unless a ten-day notification is given to the
user.
A.
The Borough may suspend the wastewater treatment service and/or a
wastewater contribution 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 to the POTW or causes the Borough to violate any
condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Borough shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Borough shall reinstate
the wastewater treatment service and/or the wastewater contribution
permit upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Borough within 15
days of the date of occurrence.
Any user who violates the following conditions of this article or applicable state or federal regulations is subject to having his permit revoked in accordance with the procedures of this §§ 139-22 through 139-26, inclusive, of this article:
A.
Failure of a user to report factually the wastewater constituents
and characteristics of its discharge;
B.
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises for the purposes
of inspection or monitoring; or
D.
Violation of the conditions of the permit.
Whenever the Borough finds that any user has violated or is
violating this article, the wastewater contribution permit or any
prohibition, limitation of requirements contained herein, the Borough
may serve upon such person a written notice stating the nature of
the violation. Within 30 days of the date of the notice, a plan for
the satisfactory correction thereof shall be submitted to the Borough
by the user.
A.
The Borough may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Borough Council
why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the time and place of a hearing
to be held by the Borough Council regarding the violation, the reasons
why the action is to be taken, the proposed enforcement action and
directing the user to show cause before the Borough Council 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.
B.
The Borough Council may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee of
the assigned department to:
(1)
Issue, in the name of the Borough Council, 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; and
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough Council
for action thereon.
C.
At any hearing held pursuant to this article, 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 Borough Council has reviewed the evidence, it may issue
an 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 are properly operated. Further orders
and directives, as are necessary and appropriate, may be issued.
If any person discharges sewage, industrial wastes or other
wastes into the Borough's wastewater disposal system contrary to the
provisions of this article, federal or state pretreatment requirements
or any order of the Borough, the Borough's attorney may commence an
action for appropriate legal and/or equitable relief in the Circuit
Court of this county.
Any user who is found to have violated an order of the Borough
Council or who willfully or negligently failed to comply with any
provision of this article and the orders, rules, regulations and permits
issued hereunder shall be fined not less than $100 nor more than $300
before a Magisterial District Judge for each offense. Each day on
which a violation shall occur or continue to occur shall be deemed
a separate and distinct offense. In addition to the penalties provided
herein, the Borough may recover penalties, damages, costs, reasonable
attorney's fees, court costs, court reporter's fees and other expenses
of litigation by appropriate suit at law against the person or user
found to have violated this article or the orders, rules, regulations
and permits issued hereunder.
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article
or wastewater contribution permit or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required
under this article shall, upon conviction, be punished by a fine of
not more than $1,000 or by imprisonment for not more than six months
or by both.
