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:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
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.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
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.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the POTW.
CITY
The Boroughs of Canonsburg and Houston and the Canonsburg-Houston
Joint Authority, or any one of them individually.
CONTROL AUTHORITY
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.
COOLING WATER
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
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.
GRAB SAMPLE
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.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE
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).
INDUSTRIAL USER
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).
INTERFERENCE
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.
NEW SOURCE
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.
PERSON
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.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
POLLUTANT
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.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
PRETREATMENT or TREATMENT
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).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
other than a National Pretreatment Standard imposed on an industrial
user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
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.
SHALL
The term "shall" is mandatory; the term "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
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.
STATE
Commonwealth of Pennsylvania.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
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.
SUSPENDED SOLIDS
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.
TOXIC POLLUTANT
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.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's POTW.
WASTEWATER
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.
WATERS OF THE STATE
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:
BOD — biochemical oxygen demand
|
CFR — Code of Federal Regulations
|
COD — chemical oxygen demand
|
EPA — Environmental Protection Agency
|
l — liter
|
mg — milligrams
|
mg/l — milligrams per liter
|
NPDES — National Pollutant Discharge Elimination System.
|
POTW — publicly owned treatment works
|
SIC — standard industrial classification
|
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
TSS — total suspended solids
|
U.S.C. — United States Code
|
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:
________
|
mg/l arsenic
|
________
|
mg/l cadmium
|
________
|
mg/l copper
|
________
|
mg/l cyanide
|
________
|
mg/l lead
|
________
|
mg/l mercury
|
________
|
mg/l nickel
|
________
|
mg/l silver
|
________
|
mg/l total chromium
|
________
|
mg/l zinc
|
________
|
mg/l total identifiable chlorinated hydrocarbons
|
________
|
mg/l phenolic compounds which cannot be removed by the Borough's
wastewater treatment processes.
|
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.
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.
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.
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.
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.