The terms, as used hereinafter, shall have the following definitions:
APPLICABLE RULES
The most current version of Rates, Rules and Regulations
for Johnstown Regional Sewage Regarding the Use of the Sewage Collection
for Treatment Systems, which have been formally adopted by the Board
of the Redevelopment Authority of the City of Johnstown, and notice
of which adoption has been provided to each municipality. The applicable
rules shall include all exhibits to the rules.
APPROVED PRETREATMENT PROGRAM
A program for pretreatment of industrial waste approved by
the Environmental Protection Agency or the Department of Environmental
Resources in accordance with the Federal Water Pollution Control Act,
62 Stat. 1155, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The United States Environmental Protection Agency (USEPA)
or other governmental agency authorized to review and approve the
JRS's industrial pretreatment or other source control program.
GOVERNING BODY
The Board of Supervisors of Richland Township, Cambria County.
JRS
Johnstown Regional Sewage, an enterprise operation of the
Redevelopment Authority of the City of Johnstown, and operating as
and fulfilling the functions of the PWTA, public wastewater treatment
authority, and POTW, publicly owned treatment works, as referred to
in applicable statutes and federal laws and regulations.
LOCAL LIMITS
Limitation on concentrations and absolute volumes of contaminants
introduced into the sewage collection system.
MUNICIPALITY
The Township of Richland, Cambria County, Pennsylvania.
All wastewater entering the sanitary sewage system shall be
pretreated to typical domestic levels unless otherwise stated, in
writing, by the JRS by way of a significant industrial user permit
or other permit. Typical domestic levels shall be documented in a
set of local limits for pollutants, capable of effecting efficient
operation of the sewage treatment plant, in the Rates, Rules and regulations,
Appendix B, in a format as attached hereto. Typical domestic levels
and specific pollutant limitations may be changed periodically due
to changing NPDES requirements, changes in the overall characteristics
of waste throughout the system, required reevaluations of the local
limits analysis or other reasons. At such times that it becomes necessary,
modified local limits will be established and formally adopted by
the JRS. Such revision shall only be implemented after the modifications
have been reviewed and determined to be acceptable by the approval
authority (USEPA). Revised pretreatment program local discharge limits
will be issued as Appendix B to the applicable rules and issued to
all municipalities.
Consistent with the rules adopted by the authority and due process
rights to administrative hearings and adjudication before the governing
body of the JRS, or its duly designated hearing officer, pursuant
to provisions of the Pennsylvania Local Government Public Agency Law,
2 Pa.C.S.A. § 551 et seq., the Township of Richland specifically
authorizes the JRS to establish general and individual controls on
users of the system as required by the Federal Water Pollution Control
Act of 1977, as amended, and the implementing regulations adopted by
the approval authority found at 40 CFR Part 403, and specifically
authorizes the JRS to:
A. Deny or condition new or increased contributions of pollutants, or
changes in the nature of pollutants, to the POTW by industrial users
where such contributions do not meet applicable pretreatment standards
and requirements or where such contributions would cause the POTW
to violate its NPDES permit.
B. Require compliance with applicable pretreatment standards and requirements
by industrial users.
C. Where necessary for the efficient operation of the system or as required
by the approved pretreatment program, to control through permit, order,
conditions or similar means the contribution to the JRS by each user
to ensure the efficient operation of the sewage collection and treatment
system and compliance with applicable pretreatment standards and requirements.
In the case of industrial users identified as "significant" under
40 CFR § 403.3(v), this control shall be achieved through
individual permits or equivalent individual control mechanisms issued
to each such user except as exempted by current federal regulations.
D. Assess and collect fees for permits and permit-related activities. The authorization to establish rules and issue and enforce permits shall include, but not be limited to, the adoption of general and individual control mechanisms, as those are defined in 40 CFR § 403.8(f). Rules shall at all times contain the minimum necessary standards set forth in 40 CFR Part 403. Any violation of an order, rule or permit condition issued hereunder, general or individual, shall be deemed to be a violation of this Part
6.
The JRS is hereby authorized to carry out all inspection, surveillance
and monitoring procedures necessary to determine, independent of information
supplied by industrial users, compliance or noncompliance with applicable
pretreatment standards and requirements by industrial users. Representatives
of the JRS shall be authorized to enter any premises of any industrial
user in which a discharge source or treatment system is located or
in which records are required to be kept under 40 CFR § 40.12(o)
to assure compliance with pretreatment standards.
In the event that any of the provisions of this Part
6 should be found to conflict with any of the provisions of previous sewer ordinances relating to the Johnstown Regional Sewer System, including but not limited to Ordinance 14, adopted June 28, 1961 (Richland Code §
198-26), it is the express intent of the Richland Township Board of Supervisors that the language of this Part
6 shall control.