Township of Penn, PA Wastewater Collection and Treatment

Prevent the introduction of pollutants into the wastewater system of THTMA which will interfere with the operation of the collection or treatment systems, including interference with the use or disposal of the resulting sludge;

Prevent the introduction of pollutants into the wastewater system of THTMA which will pass-through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

Prevent the introduction of pollutants into the wastewater system of THTMA which would expose THTMA personnel to chemical hazards.

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

Provide for equitable distribution of the cost of the municipal wastewater system.

APPROVED PRETREATMENT PROGRAM or PRETREATMENT PROGRAM

Enable THTMA to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This article provides for the regulation of all the users of the publicly owned treatment works through the issuance of permits to certain non-domestic 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.

§ 133-53 Administration.

Except as otherwise provided herein, the General Manager (or person of similar responsibilities regardless of title) of the sewage treatment plant of THTMA shall administer, implement and enforce the provisions of this article.

§ 133-54 Definitions.

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 Regional Administration in an NPDES state with an approved state pretreatment program and the Regional Administrator in a non-NPDES state or NPDES state without an approved pretreatment program.

The program administered by THTMA that meets the criteria established by 40 CFR 403.8 and 403.9 and which has been approved by a Regional Administrator or State Director in accordance with 40 CFR 403.11.

AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER

If the user is a corporation:

The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking function for the corporation; or

BEST MANAGEMENT PRACTICES or BMP

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit (or general permit) requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship; a general partner or proprietor, respectively.

If the user is a federal, state, or local governmental facility; a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

The individuals described in Subsections A, B, and C, above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to THTMA.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 133-56A and B [40 CFR 403.5(a)(A) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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 concentration (milligrams per liter mg/l).

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the wastewater system of Hempfield Township or THTMA.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

CHEMICAL OXYGEN DEMAND or COD

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

CONTROL AUTHORITY

The term "control authority" shall refer to the "approval authority," defined hereinabove; or the Manager of THTMA if there is an approved pretreatment program applicable under the provisions of 40 CFR 403.11.

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

DIRECTOR

The chief administrative officer of a state or interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act and an approved state pretreatment program.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency, or where the term may also be used as a designation for the Regional Water Protection Division Director, the Regional Administrator, or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge that is not a "new source."

GRAB SAMPLE

A sample which is taken from a waste stream with no regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDIRECT DISCHARGE or DISCHARGE

The discharge or the introduction of pollutants in the sewage treatment plant of THTMA from any nondomestic source.

INDUSTRIAL USER

A source of indirect discharge.

INSTANTANEOUS LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the Sewage Treatment Plant or THTMA, its treatment processes or operations, or its sludge processes, use or disposal; and, therefore, is a cause of a violation of any requirements of THTMA Sewage Treatment Plant'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): Section 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 Substance Control Act, and the Marine Protection, Research and Statuaries Act.

LOCAL LIMIT

Specific discharge limits developed and enforced by THTMA upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 133-56A and B of this article.

MEDICAL WASTE

Isolation wastes, infectious agency, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

MONTHLY AVERAGE

The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT

The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

NEW SOURCE

Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(C) of the Act which will be applicable to such source if such standards and thereafter promulgated in accordance with that section, provided that:

The building, structure, facility, or installation is constructed at a site at which no other source is located;

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production of wastewater generating processed of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extend to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection A(2) or A(3) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a "new source" as defined under this definition has commenced if the owner or operator has:

Begun or caused to begin, as part of a continuous on-site construction program:

Any placement, assembly, or installation of facilities, or equipment; or

Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities, which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

NON-CONTACT COOLING WATER

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NPDES PERMIT or PERMIT

A permit issued to a POTW pursuant to Section 402 of the Act.

NPDES STATE

A state (as defined in 40 CFR 122.2) or interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act.

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estates, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

PRETREATMENT

The reduction of the amount of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes; by process changes or by other means, except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with CFR 403.6(e).

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.

PRETREATMENT STANDARD

Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 133-56A or B of this article.

PUBLICLY OWNED TREATMENT WORKS or POTW

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by THTMA. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation or sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

SEPTIC TANK WASTE

Any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsection B of this definition, a "significant industrial user" of the wastewater disposal system of THTMA is defined as:

All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

An industrial user that:

Discharges an average of 25,000 gallons per average workday or more of process wastewater to POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater; or

Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

Has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act of (State) Statutes and Rules; or

Is found by THTMA, State Control Agency, or the U.S. 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 stream; or

SIGNIFICANT NONCOMPLIANCE

Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)].

Upon finding that an industrial user meeting the criteria in Subsection A of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that unless the industrial user is classified as a categorical industrial user.[1]

Refer to § 133-59.

SLUG LOAD or SLUG DISCHARGE

Any discharge at a flow rate or concentration which would cause a violation of the prohibited discharge standards in § 133-56A or B of this article. A slug discharge is any discharge of a non-routing, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.

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.

STATE

Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural participation, and resulting therefrom.

TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other Acts.

USER or INDUSTRIAL USER

Any person who contributes, causes or permits the contribution of wastewater into the POTW. A source of indirect discharge.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 133-58C of this article.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATERS OF THE STATE

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.

Editor's Note: So in original.

§ 133-55 Abbreviations.

The following abbreviations when used in this article shall have the designated meanings:

BMP	Best Management Practice
BMR	Baseline Monitoring Report
BOD	Biological Oxygen Demand
CFR	Code of Federal Regulations
CIU	Categorical Industrial User
COD	Chemical Oxygen Demand
EPA	Environmental Protection Agency
gpd	gallons per day
IU	Industrial User
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Non-Significant Categorical Industrial User
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
SIU	Significant Industrial User
SNC	Significant Noncompliance
SWDA	Solid Waste Disposal Act, 42 USC § 6901 et seq.
TSS	Total Suspended Solids
USC	United States Code

§ 133-56 General sewer use requirements.

General prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause pass-through or interference 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.

Specific prohibitions.

No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

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 way to the POTW or to the operation of the POTW. These substances include but are not limited to waste streams with a closed cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21. 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, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the control authority, the states or approved authority has notified the user is a fire hazard or a hazard to the collection or treatment system.

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 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.

Any wastewater having a pH less than 6.0, 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.

Any wastewater containing toxic pollutants or pollutants which result in the presence of toxic gases, vapors, or fumes, in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, or cause injury, worker health and safety problems constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to 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.

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.

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludge, or scum, 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 Substances Control Act, or state criteria applicable to the sludge management method being used.

(g)

Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.

(h)

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(i)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in pass-through or interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (104° F.) unless US EPA has approved alternate limits as requested by the POTW.

(j)

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 pass-through or interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities 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.

(k)

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.

(l)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(m)

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause pass-through or interference of the POTW.

(n)

Any trucked or hauled pollutants, excepts at discharge points designated by THTMA.

(o)

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling Water, and unpolluted wastewater, unless specifically authorized by THTMA.

(p)

Sludges, screening, or other residues from the pretreatment of industrial wastes.

(q)

Medical wastes, except as specifically authorized by THTMA in an individual wastewater discharge permit.

(r)

Detergents, surface-active agents, or other substances that might cause excessive foaming in the POTW.

When THTMA determines that a user is contributing to the POTW any of the above enumerated substances in such amounts as to cause pass-through or interference of the POTW, the control authority shall;

Advise the user of the impact of the contribution on the POTW;

Develop effluent limitations for such user to correct the problem of pass-through or interference of the POTW. The authority may pursue an enforcement action, as outlined in § 133-61, Administrative enforcement remedies, of this article against the industrial user in the event that the user causes pass-through or interference.

National categorical pretreatment standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, THTMA may impose equivalent concentration or mass limits in accordance with § 133-56D(2) and (3).

When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, THTMA may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, THTMA shall impose an alternate limit in accordance with 40 CFR 403.6(e).

Modification of federal categorical pretreatment standards.

A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following subsections of this section.

Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to THTMA. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of Subsection D(1)(b) of this section are met.

Criteria.

Either:

The applicable categorical pretreatment standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or

The industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.

Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. THTMA may waive this requirement if it finds that no environmental degradation will result.

When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that THTMA convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the General Manager. THTMA may establish equivalent mass limits only if the industrial user meets all the conditions set forth in § 133-56D(2)(a)[1] through [5] below.

To be eligible for equivalent mass limits, the industrial user must:

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

An industrial user subject to equivalent mass limits must:

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

Continue to record the facility's production rates and notify the General Manager whenever production rates are expected to vary by more than 20% from its baseline production rates determined in paragraph § 133-56D(2)(a)[3] of this section. Upon notification of a revised production rate, the General Manager will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to paragraphs § 133-56D(2)(a)[1] of this section so long as it discharges under an equivalent mass limit.

When developing equivalent mass limits, the General Manager:

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 133-56G. The industrial user must also be in compliance with § 133-64C regarding the prohibition of bypass.

The General Manager may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the General Manager.

Once included in its permit, the industrial user must comply with the equivalent limitations developed in this § 133-56C in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the General Manager within two business days after the user has a reasonable basis to known that the production level will significantly change within the next calendar month. Any user not notifying the General Manager of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

Local limits.

The General Manager is authorized to establish local limits pursuant to 40 CFR 403.5.

The pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the local limits. For a list of the current local limits, please see the most recently passed pretreatment ordinance adopting the new limits. The limits apply to the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The General Manager may impose mass limitations in addition to the concentration-based limitations.

The General Manager may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits or general permits, to implement local limits and the requirement of § 133-56A and B.

Penn Township right of revision. Penn Township 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 § 133-52 of this article.

Excessive discharge. 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 federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by Penn Township, THTMA or the state. Dilution is permitted only where expressly authorized by an applicable pretreatment standard of requirement. The General Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

Accidental discharge/slug discharge control plans.

Each significant industrial user shall provide protection from accidental or slug discharges of prohibited materials or other substances regulated by this article. Facilities to prevent accidental or slug discharges of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and a complete description of operating procedures implemented to provide this protection shall be submitted to THTMA prior to construction of the facility. All existing significant industrial users shall have completed the aforementioned plan as required by this article. No industrial user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by THTMA. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility as necessary to meet the requirements of this article. A complete description of operating procedures must include, but not be limited to the following:

A listing of all stored chemicals, including the type and nature of chemical, maximum quantity stored, and any safety procedures to be followed if an accidental discharge occurs;

A description of discharge practices, including non-routine batch discharges;

A description of procedures to prevent adverse impact from accidental or slug discharges, including but not limited to inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of site runoff, employee training, building of containment structures or equipment for emergency response.

Notification.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the General Manager of the incident. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the user.

Within five days following such discharge, the user shall, unless waived by the General Manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection H(1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

Significant industrial users are required to notify the General Manager immediately of any changes at its facility affecting the potential for a slug discharge.

Hauled wastewater.

Septic tank waste may be introduced into the POTW only at locations designated by the General Manager, and at such times as are established by the General Manager. Such waste shall not violate § 133-56 of this article or any other requirements established by THTMA. The General Manager may require septic tank waste haulers to obtain individual wastewater discharge permits or general permits.

The General Manager may require haulers of industrial waste to obtain individual wastewater discharge permits or general permits. The General Manager may require generators of hauled industrial waste to obtain individual wastewater discharge permits or general permits. The General Manager also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article.

Industrial waste haulers may discharge loads only at locations designated by the General Manager. No load may be discharged without prior consent of the General Manager. The General Manager may collect samples of each hauled load to ensure compliance with applicable standards. The General Manager may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

§ 133-57 Fees.

Purpose. It is the purpose of this section to provide for the recovery of costs from industrial users of said wastewater disposal system for the implementation of the pretreatment program established herein. The applicable charges or fees shall be set forth in the Schedule of Fees of THTMA after approval by resolution of Penn Township.[1]

Editor's Note: Said schedule is on file in the Township offices.

Charges and fees.

THTMA may adopt charges and fees which may include:

Fees for reimbursement of costs of establishing and operating the Pretreatment Program of THTMA;

Fees for monitoring, inspections, and surveillance procedures;

Fees for reviewing accidental or slug discharge procedures and construction;

Fees for permit applications;

Fees for filing appeals;

Fees for consistent removal by THTMA of pollutants otherwise subject to federal pretreatment standards;

(g)

Other fees as THTMA may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by Penn Township or by the Penn Township Sewage Authority.

§ 133-58 Individual wastewater discharge permits and general permits.

Wastewater discharges. It shall be unlawful to discharge without a permit any wastewater to any waters of the state within Penn Township, and/or to the POTW except as authorized by Penn Township or THTMA in accordance with the provisions of this article.

Wastewater analysis. When requested by the General Manager, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The General Manager is authorized to prepare a form for this purpose and may periodically require users to update this information.

Wastewater contribution permits.

General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. Compliance with applicable pretreatment standards and requirements by industrial users is mandatory.

Permit application.

Industrial users required to obtain a wastewater contribution permit shall complete and file with THTMA an application in the form prescribed by THTMA and accompanied by a fee as determined by THTMA. Existing industrial users shall apply for a wastewater contribution permit within 30 days after the effective date of this article, and proposed new sources shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

Identifying information.

Name, address, and location (if different from address) of the facility, and the name of all operators and owners;

Contact information, description of activities, facilities, and plant production processes on the premises.

Environmental permits. A list of any environmental control permits held by or for the facility.

Description of operations.

A description of the nature of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

SIC number according to the Standard Industrial Classification.

[c]

Each product produced by type, amount, process processes and rate of production;

[d]

Type and amount (average and maximum per day) of raw materials processed;

[e]

Number and type of employees, hours of operation, and proposed-to-actual hours of operation.

[f]

A complete set of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation;

[g]

The average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if applicable;

Time and duration of wastewater contribution;

The location for monitoring all wastes covered by the permit.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 133-56C(3) (40 CFR 403.6).

Measurement of pollutants.

Wastewater constituents and characteristics, including but not limited to those mentioned in § 133-56 of this article as determined by a reliable analytical laboratory; sampling and analysis 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; Laboratory analysis must be attached and submitted with the application.

Instantaneous, daily maximum, and long-term average concentrations, or mass where required, shall be reported.

[c]

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 133-58F of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the General Manager or the applicable standards to determine compliance with the standard.

[d]

Sampling must be performed in accordance with procedures set out in § 133-58G of this article.

[e]

Where known, the nature and concentration of any pollutants in the discharge which are limited by any municipal, 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.

[f]

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest compliance schedule by which the industrial user will provide such additional pretreatment or O & M. 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 the compliance schedule requirement:

[i]

The compliance 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 facilities or O & M required for the industrial 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.).

[ii]

No increment referred to in Subsection C(2)(a)[7][f][i] shall exceed nine months.

[iii]

Not later than 14 days following each date in the compliance schedule and the final date for compliance, the industrial user shall submit a progress report to THTMA 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 control authority.

[iv]

The signature of an authorized representative of the industrial user and certification statement as expressed in 40 CFR 403.6(a)(2)(ii). If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the General Manager prior to or together with any reports to be signed by the authorized representative. A facility determined to be a nonsignificant categorical industrial user by the General Manager pursuant to § 133-54 must annually submit the signed certification statement in § 133-58K.

[v]

Any other information as may be deemed by THTMA to be necessary to evaluate the permit application.

[g]

THTMA will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, THTMA may issue a wastewater contribution permit subject to the terms and conditions provided herein.

[h]

The Authority may at its discretion deny issuance of a permit to industrial users where such contributions of pollutants do not meet applicable pretreatment standards and requirements or where such contributions would not cause the POTW to violate its NPDES permit.

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 133-58D(2) [40 CFR 403.12(e)(2)]

[9]

Any request to be covered by a general permit.

[10]

Any other information as may be deemed necessary by the General Manager to evaluate the permit application.

[11]

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Permit requirements. Permits shall contain self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type based upon the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and state and local law.

Permit notification. Within 90 days of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of significant industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Within 60 days after the effective date of a categorical pretreatment standard, or 60 days after the final administrative decision made upon a category determination submission under 40 CFR403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards who are currently discharging to or scheduled to discharge to a POTW shall be required by § 133-58C(2) of this article.

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 THTMA.

Individual wastewater discharge permits and general permits must contain:

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

A statement that the wastewater discharge permit is nontransferable without prior notification to THTMA in accordance with § 133-58C(7) of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits, including best management practices, based on applicable pretreatment standards;

Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, or local law.

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 133-58D(2).

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

Requirements to control slug discharge, if determined by the General Manager to be necessary.

Any grant of the monitoring waiver by the General Manager [§ 133-58D(2)] must be included as a condition in the user's permit or other control mechanism.

Individual wastewater discharge permits or general permits may contain, but need not to be limited to, the following conditions:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a common sewer;

Limits on the average and maximum wastewater constituent and characteristics;

Limits on the average and maximum rate and time of discharge requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

Specification for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

Compliance schedules;

Requirements for submission of technical reports or discharge reports;

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by THTMA, and affording THTMA assess thereto:

[9]

Requirements for notification of THTMA, in advance 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;

[10]

Requirements for notification of slug discharges as per § 133-56F of this article; and

[11]

Other conditions as deemed appropriate by THTMA to ensure compliance with this article.

[12]

Requirements for permit duration as outlined in § 133-58C(6) of this article.

[13]

Requirements of permit transfer as outlined in § 133-58(7) of this article.

Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The industrial user shall apply for 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 THTMA during the term of the permit as limitations or requirements as identified in § 133-56 are modified, or other just cause exists. The industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable period of time for compliance.

(7)

Permit transfer.

Wastewater discharge permits are issued to 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 written approval of THTMA. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Individual wastewater discharge permits or general permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the General Manager, and the General Manager approves the individual wastewater discharge permit or the general permit transfer. The notice to the General Manager must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or general permit void as of the date of facility transfer.

(8)

Civil and criminal penalties. Permits shall contain a statement of applicable civil and criminal penalties for violation of pretreatment standards, as specified in § 133-62 of this article, and any applicable compliance schedules.

(9)

Notification of changed discharge. All industrial users of the wastewater system of THTMA shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).

(10)

Individual wastewater discharge permit and general permit revocation.

The General Manager may revoke an individual wastewater discharge permit or general permit for good cause, including, but not limited to, the following reasons:

Failure to notify the General Manager of significant changes to the wastewater prior to the changed discharge.

Failure to provide prior notification to the General Manager of changed conditions pursuant to § 133-58D(6) of this article;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports and certification statements;

Tampering with monitoring equipment;

Refusing to allow the General Manager timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

[9]

Failure to pay sewer charges;

[10]

Failure to meet compliance schedules;

[11]

Failure to complete a wastewater survey or the wastewater discharge permit application;

[12]

Failure to provide advance notice of the transfer of business ownership or a permitted facility; or

[13]

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or general permit or this article.

Individual wastewater discharge permits or general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or general permit to that user.

(11)

Individual wastewater discharge permit and general permit reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 144-58C(5) of this article, a minimum of 60 days prior to the expiration of the user's existing individual wastewater discharge permit or general permit.

(12)

Regulation of waste received from other jurisdictions.

If another municipality, or user located within another municipality, contributes wastewater to the POTW, THTMA shall enter into an intermunicipal agreement with the contributing municipality.

Prior to entering into an agreement required by Subsection C(12)(a), above, the General Manager shall request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

Such other information as the General Manager may deem necessary.

An intermunicipal agreement, as required by Subsection C(12)(a), above, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 133-56D of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to Hempfield's ordinance or THTMA's local limits;

A requirement for the contributing municipality to submit a revised user inventory on at least and annual basis;

A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit or general permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the General Manager; and which of these activities will be conducted jointly by the contributing municipality and the General Manager;

A requirement for the contributing municipality to provide the General Manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

Requirements for monitoring the contributing municipality's discharge;

A provision ensuring the General Manager access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the General Manager; and

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

Permittee reporting requirements.

Baseline monitoring reports.

Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the General Manager a report which contains the information listed in Subsection D(1)(b), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the General Manager a report which contains the information listed in Subsection D(1)(b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below.

All information required in § 133-58C(2).

Measurement of pollutants. The industrial user shall comply with the requirements as specified in 40 CFR 403.12(b)(5), as amended;

The industrial user shall identify the pretreatment standards applicable to each regulated process.

The industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.

[c]

A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The control authority may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional composite sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling when the industrial user demonstrates that this will provide a representative sample of the effluent being discharged.

[d]

The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of § 133-58D(1).

[e]

Samples should be taken immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user should measure the flows and concentrations necessary to allow use of the combined wastestream formula presented in 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit, along with supporting data, shall be submitted to THTMA.

[f]

Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question or where the Administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the Administrator.

[g]

The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

[h]

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

[i]

The baseline report shall include the signature of an authorized representative of the industrial user and certification statement as expressed in 40 CFR 403.7(a)(2)(ii).

Compliance certification. A statement, reviewed by the user's authorized representative, as defined in § 133-54, and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 133-58D(5) of this article.

Signature and report certification. All baseline monitoring reports must be certified in accordance with § 133-58D(1) of this article and signed by an "authorized representative" as defined in § 133-54.

Periodic compliance reports:categorical industrial users. The following requirements must be followed by industrial users to which categorical pretreatment standards apply:

Any industrial user subject to a categorical pretreatment standard, after the compliance data of such pretreatment standard, or, in the case of a new source, after commencement of the discharge in the POTW, shall submit to THTMA during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority or approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported. However, THTMA may require more detailed reporting of flows. At the discretion of the control authority and in consideration of such factors as local high- or low-flow rates, holiday, budget cycles, etc., the control authority may agree to alter the months during which the above reports are to be submitted.

Where THTMA has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(d), the report required by Subsection D(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures of 40 CFR 403.6(c), the report required by Subsection D(2)(a) of this section shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by Subsection D(2)(a) of this section shall include the industrial user's actual average production rate for the reporting period.

The periodic compliance report shall include the signature of an authorized representative of the industrial user and certification statement as expressed in 40 CFR 403.6(a)(2)(ii).

THTMA may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. [See 40 CFR 403.12(e)(2).] This authorization is subject to the following conditions:

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 133-58D(2).

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance with § 133-58D, and include the certification statement in § 133-58K [40 CFR 403.6(a)(2)(ii)].

Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Any grant of the monitoring waiver by the General Manager must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the General Manager for three years after the expiration of the waiver.

Upon approval of the monitoring waiver and revision of the user's permit by the General Manager, the industrial user must certify on each report with the statement in § 133-58K that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of § 133-58D(2), or other more frequent monitoring requirement imposed by the General Manager, and notify the General Manager.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that the sample results are unrepresentative of its discharge.

(g)

If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the General Manager, using the procedures prescribed in § 133-58G of this article, the results of this monitoring shall be included in the report.

Periodic compliance reports:non-categorical industrial users.

The control authority shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant non-categorical industrial users shall submit to THTMA at least once every six months (in dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling of analytical techniques for the pollutant in question, or where the Administrator determines that the 40 CFR 136 sampling and analytical techniques for the pollutant in question, or where the Administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the Administrator. This sampling and analysis may be performed by the control authority in lieu of the significant non-categorical industrial user. Where the POTW itself collects all the information required for the report, the non-categorical significant industrial user will not be required to submit the report. In cases where the pretreatment standard requires compliance with the best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the General Manager of the pretreatment standard necessary to determine the compliance status of the user.

The compliance report shall include the signature of an authorized representative of the industrial user and certification statement as expressed in 40 CFR 403.6(a)(2)(ii).

Compliance report deadline.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source, following commencement of the introduction of wastewater into the PTOW, any industrial user subject to pretreatment standards and requirements shall submit to THTMA a report containing information described in § 133-58D of this article.

For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures of 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period.

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 industrial user into compliance with the applicable pretreatment standards or requirements. This report shall be signed by an authorized representative of the industrial user and certified.

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 133-58D(1)(b)[4] of this article:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (Such events include, but are not limited no, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

No increment referred to above shall exceed nine months;

The user shall submit a progress report to the General Manager no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, if appropriate, the steps being taken by the user to return to the established schedule; and

In no event shall more than nine months elapse between such progress reports to the General Manager.

Reports of changed conditions. Each user must notify the General Manager of any significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 60 days before the change.

The General Manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 133-58C(2) of this article.

The General Manager may issue an individual wastewater discharge permit or modify an existing wastewater discharge permit or general permit in response to changed conditions or anticipated changed conditions.

(7)

Reports of potential problems. See § 133-56H(2), Notification, for reporting procedures.

(8)

Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the General Manager as the General Manager may require.

(9)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the General Manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the General Manager within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if THTMA performs sampling at the user's facility at least once a month, or if THTMA performs sampling at the user between the time when the initial sampling was conducted and the time when the user or THTMA receives the results of this sampling, or if THTMA has performed the sampling and analysis in lieu of the industrial user. If THTMA performed the repeat sampling and analysis in lieu of the industrial user, THTMA will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. See 40 CFR 403.12(g)(2).

Monitoring.

Monitoring and analysis.

The reports required in § 133-58C(2), D(2) and D(3) of this article 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 control authority, of pollutants contained therein which are limited by applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the industrial user will not be required to submit the aforementioned reports. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

If sampling performed by an industrial user indicates a violation, the industrial user shall notify THTMA within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if:

The control authority performs sampling at the industrial user at a frequency of at least once per month; or

The control authority performs sampling at the industrial user between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of this sampling;

The reports required in § 133-58D(2) and (3) of this article shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. THTMA shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(h) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. (See 40 CFR 136.4 and 136.5.) Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR 136 does not include sampling or analytical techniques for the pollutant in question, or where the Administrator determines that 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or another sampling and analytical procedure, including procedures suggested by the POTW or other parties, approved by the Administrator.

If an industrial user subject to the reporting requirements of § 133-58D(2) or (3) of this article monitors any pollutant more frequently than required by THTMA, using the procedures prescribed in § 133-58E(1)(d) of this article, the results of this monitoring shall be included in the report.

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the General Manager or other parties approved by EPA.

Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

Except as indicated in Subsection G(2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional sampling or grab sampling is authorized by the General Manager. Where time-proportional composite sampling or grab sampling is authorized by THTMA, the sample must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by THTMA, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 133-58D(1) and (4) [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the General Manager may authorize a lower minimum. For the reports required by paragraphs § 133-58D(2) and (3) [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility services by the United States Postal Service, the date of receipt of the report shall govern.

Inspection and sampling. THTMA shall sample the discharge and inspect the facilities of any industrial user a minimum of two times per year to ascertain whether the purpose of this article is being met and all requirements are being complied with. Owners and occupants of premises where wastewater is created or discharged shall allow THTMA or its representative ready access at all reasonable times to all parts of the premises for inspection, sampling, records examination or in the performance of any of their duties.

Where an industrial user has security measures in force which would require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of appropriate identification, personnel from THTMA, approval authority and the EPA will be permitted to enter, without delay, for the purposes of performing their duties.

The EPA and THTMA shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.

The General Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated monthly to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the General Manager and shall not be replaced. The costs of clearing such access shall be born by the user.

Unreasonable delays in allowing the General Manager access to the user's premises shall be a violation of this article.

The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis, whether constructed on public or private property. The monitoring facilities should be provided in accordance with the General Manager's requirements and all local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable THTMA to perform independent monitoring activities.

Recordkeeping requirements.

Any industrial user subject to the reporting requirements established in § 133-58D of this article shall maintain records of all information resulting from any monitoring activities required by § 133-58E of this article, and additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 133-56E(3). Such records shall include for all samples:

The dates, exact place, method, and time of sampling and the names of the person(s) obtaining the samples;

The dates analyses were performed;

Who performed the analyses;

The analytical techniques/methods used; and

The results of such analyses.

Any industrial user subject to the reporting requirement established by § 133-58E of this article shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the Director, Regional Administrator, and THTMA. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user, or when requested by the Director, the Regional Administrator, or THTMA.

Any POTW to which reports are submitted by an industrial user pursuant to § 133-58C(2), D(2) and D(3) of this article shall retain such reports for a minimum of three years and shall make such reports available for inspection and copying by the Director and the Regional Administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW Pretreatment Program or when requested by the Director or the Regional Administrator.

Certification statements.

Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 133-58C(2); users submitting baseline monitoring reports under § 133-58D(1)(b); users submitting baseline monitoring reports on compliance with the categorical pretreatment standard deadlines under § 133-58D(4); users submitting periodic compliance reports required by § 133-58D(2) and (3), and users submitting an initial request to forego sampling of a pollutant on the basis of § 133-58D(2)(e). The following certification statement must be signed by an "authorized representative" as defined in § 133-54.

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the General Manager pursuant to § 133-54 and 133-58G(3) must annually submit the following certification statement signed in accordance with the signatory requirements in § 133-54. This certification must accompany an alternative report required by the General Manager:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _______________________________, I certify that, to the best of my knowledge and belief that during the period from ______________, ______________ to _________________, ____________ [months, days, year]:
	(1)	The facility described as ______________[facility name] met the definition of a nonsignificant categorical industrial user as described in § 133-54;
	(2)	The facility complied with all applicable pretreatment standards and requirements during this reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
	This compliance certification is based on the following information.

Certification of pollutants not present. Users that have an approved monitoring waiver based on § 133-58D(2) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards for 40 CFR _______ [specify applicable national pretreatment standard part(s)], I certify that to the best of my knowledge and belief, there has been no increase in the level of _______ [list pollutant(s)] in the wastewaters due to the activities a the facility since filing of the last periodic report under § 133-58D(2)(a).

Hazardous waste notification. The industrial user shall comply with the hazardous waste notification requirements established below:

The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW; the notification shall also contain the month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must occur within 180 days of the effective date of 40 CFR 403. Industrial users who commence discharging after the effective date of 40 CFR 403 shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under § 133-58C(19) of this article. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 133-58D of this article.

Dischargers are exempt from the requirement of Subsection L(1) during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.30(e). Discharge of more than 15 kilograms of non-acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.30(e), require a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under § 133-58J of this article, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

Search warrants. If the General Manager has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of THTMA designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the General Manager may seek issuance of a search warrant from Westmoreland County of PA.

Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limits specified by federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to THTMA 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 THTMA for review, and shall be acceptable to THTMA 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 an effluent acceptable to THTMA 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 THTMA prior to the industrial user's initiation of such changes.

§ 133-59 Publication of users in significant noncompliance.

THTMA shall annually publish in the legal ads department of the local newspaper, a list of the users which were in significant noncompliance with any pretreatment requirements or standards at any time during the 12 previous months in accordance with 40 CFR 403.8(f)(2)(vii). The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violated Subsections C, D and H of this section) and shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by and any magnitude) a numeric pretreatment standards or requirement, including instantaneous limits as defined in § 133-56.

Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 133-56, multiplied by the applicable criteria (1.3 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by § 133-56 (daily maximum, long-term average, instantaneous limits, or narrative standard) that the General Manager determines has caused, alone, or in combination with other discharges, interference or pass-through, including endangering the health of the POTW personnel or the general public;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the General Manager's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or a general permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; or

Any other violation(s), which may include a violation of best management practices, which the General Manager determines will adversely affect the operation or implementation of the local pretreatment program.

§ 133-60 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, general permits, and monitoring programs, and from the General Manager's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the General Manager, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

§ 133-61 Administrative enforcement remedies.

Enforcement policy.

All violations of pretreatment standards and requirements are instances of noncompliance and will receive a specific enforcement response in accordance with THTMA Control Authority Enforcement Response Plan. Pretreatment standards and requirements are a matter of strict liability. Hence, good faith or lack of negligence of the user's part is no defense to a violation of pretreatment standards and/or requirements. The enforcement responses shall range from notices of violation to formal civil litigation and/or termination of service, depending upon the severity of the violation. While similar violations will receive similar enforcement responses, some inherent discretion exists within each enforcement response selection. For example, some violations will trigger either an administrative action, formal civil litigation, or permit revocation. Selection of the specific enforcement response option shall be at the sole discretion of Hempfield Township or THTMA.

When making determinations regarding the level of enforcement, Penn Township or THTMA shall take into consideration the following:

Damage to air, water, land, or other natural resources and their uses;

Costs of restoration and abatement;

Savings to the user as a result of the violation;

History of past violations by the user;

Deterrence of future violations; and

Other relevant factors as determined by the control authority.

Emergency authority.

Penn Township or THTMA may suspend the wastewater treatment service and/or a pretreatment permit when such suspension is necessary, in the opinion of THTMA, in order to stop an actual or threatened discharge which presents or may present an immediate or substantial endangerment to the health or welfare of persons, to the environment, causes pass-through or interference to the POTW or causes THTMA to violate any condition of its NPDES permit or any other federal or state permit or regulation.

Any person notified of a suspension of the wastewater treatment service and/or pretreatment permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, THTMA 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 individual or the environment. THTMA shall reinstate the pretreatment permit and/or the wastewater treatment service upon proof of the elimination of the non-complying 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 THTMA within five days of the date of occurrence.

Enforcement procedures. For violations not requiring Penn Township or THTMA to invoke its emergency authority, the following procedures apply:

Notice of violation. Wherever Penn Township or THTMA finds that a user has violated or is violating this article, pretreatment permit, or any prohibition, limitation, or requirements contained herein, Hempfield Township or THTMA shall serve upon such person a written notice stating the nature of the violation(s), which may include the assessment of a civil penalty, and require a written response from the user. As required by the Publicly Owned Treatment Works Penalty Law, such notice shall include the name, address, and telephone number of the control authority manager or other person responsible for accepting appeals. Within 30 days from the date of the notice of violation, a plan for the satisfactory correction thereof shall be submitted to Penn Township and THTMA by the user.

Compliance schedule. When Penn Township or THTMA finds that a user is in violation of this article, pretreatment permit, or requirement contained herein, Penn Township or THTMA may require the user to submit or may itself issue a schedule of compliance for the necessary correction.

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 pretreatment permit requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection C(2)(a) shall exceed nine months.

Not later than 14 days following each date in the compliance schedule and the final date for compliance, the user shall submit a progress report to Penn Township and THTMA 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 of construction to the established schedule. In no event shall more than nine months elapse between such progress reports to Penn Township and to THTMA.

Consent order. Penn Township or the Manager of THTMA is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such consent orders shall include a specific action to be taken by the user to correct the noncompliance within a time period also specified in the consent order. Consent orders shall have the same force and effect as administrative orders issued pursuant to this section.

Compliance order. When Penn Township or the Manager of THTMA finds that a user has violated or continues to violate this article, pretreatment permit, or order issued thereunder, Penn Township or the Manager of THTMA may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.

Show cause order.

Penn Township or THTMA may order any user who causes or allows a discharge of sewage, industrial waste, or other waste into the POTW in violation of the provisions, requirements, or pretreatment standards of this article or the Rules and Regulations of the Department of Environmental Protection or the Environmental Protection Agency to show cause before THTMA why the proposed assessment of penalty and/or enforcement action should not be taken. A notice shall be served upon the user specifying the time and place of a hearing to be held by THTMA regarding the alleged violation, setting forth the specific facts and circumstances upon which the proposed enforcement action is to be taken, and directing the user to show cause before THTMA as to why the proposed assessment of penalty and or enforcement actions should not be taken.

The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) upon the user, not less than 20 days prior to the hearing. Such notice shall contain the name, address, and telephone number of the control authority manager or other person responsible for accepting appeals. Within 15 days from the date of service of the notice, the user shall file with the Manager of THTMA a verified answer responding to the allegations in the notice. Allegations in the notice which are not specifically denied shall be deemed to have been admitted. Failure to file an answer or to specifically deny the allegations of the notice shall constitute a sufficient basis for the entry of default adjudication upon expiration of said 15 days.

THTMA may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or the Manager to:

Issue in the name of THTMA notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

Take the evidence;

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to THTMA for action thereon.

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 of any party to the hearing upon payment of the usual charges thereof.

After the Board of Commissioners of the Township of Penn and THTMA 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 or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued including but not limited to injunctive relief and civil penalties.

Cease and desist order. Whenever Penn Township or THTMA finds that a user has violated or is violating this article, pretreatment permit, or any prohibition, limitation, or requirements contained herein, Penn Township or THTMA shall issue an order to cease and desist all such violations and direct those persons in noncompliance to:

Comply forthwith;

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. As required by the Publicly Owned Treatment Works Penalty Law, such notice shall include the name, address, and telephone number of the control authority manager or other person responsible for accepting appeals.

Civil proceedings. If any person discharges sewage, industrial waste, or other wastes into the wastewater disposal system of THTMA in violation of the provisions, requirements, or pretreatment standards of this article, the Rules and Regulations of the Pennsylvania Department of Environmental Protection, or the Environmental Protection Agency which presents an imminent danger or substantial harm to the POTW or the public, an imminent or substantial endangerment to the environmental, causes the POTW to violate any condition of its NPDES permit, or has shown a lack of ability or intention to comply with said pretreatment provisions, requirements, or standards, any other order of THTMA or Penn Township, or its other enforcement procedures would not be adequate to effect prompt correction of the condition or violations, THTMA or Penn Township may institute an action to obtain injunctive relief in the Court of Common Pleas of Westmoreland County, where the activity has taken place, where the condition exists, or where the public is affected.

Criminal proceedings. Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article or pretreatment permit, or who falsified, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, will be prosecuted to the extent permitted by law under the Crimes Code, 18 Pa. C.S.A. § 101 et seq.

Revocation of permit.

Any user who violated the following conditions of this article or applicable state and federal regulations, is subject to having its pretreatment permit revoked.

Failure of a user to factually report the wastewater constituents and characteristics of its discharge;

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection and/or monitoring; or

Violation of conditions of the pretreatment permit.

If the pretreatment permit is revoked, the control authority may take steps it deems advisable, including severance of the sewer connection, to promote compliance with this article.

Appeals. The user shall have such right of appeal of the Court of Common Pleas having jurisdiction as is provided for under Section 7(b) of the Publicly Owned Treatment Works Penalty Law, the Local Agency Law, 2 Pa. C.S.A. 101 et seq., or Judicial Code, 42 Pa. C.S.A. § 762.

§ 133-62 Violations and penalties.

Injunctive relief. When the General Manager finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit or general permit or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may petition the Court of Common Pleas of Westmoreland County through THTMA's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit, order, or other requirement imposed by this article on activities of the user. The General Manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil penalties. Any user who is found to have violated the provision, requirements, or pretreatment standards of this article, the Rules and Regulations of the Pennsylvania Department of Environmental Protection or the Environmental Protection Agency, an order, rule, regulation, or permit of THTMA or Penn Township, whether or not the violation is willful or negligent, may be assessed a civil penalty in an amount not to exceed $25,000 per day nor less than $1,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct offense. THTMA or Penn Township may recover its costs for reestablishing the operation of the POTW, in addition to any civil penalty imposed hereunder. In addition, THTMA or Penn Township may recover attorneys' fees, all court costs, and all other expenses of litigation to the extent permitted by law. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Reserved)

Criminal prosecution.

A user who willfully or negligently violates any provision of this article, an individual wastewater discharge permit, or a general permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a summary offense, punishable by a fine of not less than $100 per violation per day, nor more than $1,000 per violation per day or imprisonment of not more than 30 days, or both. This section shall not preclude prosecution under the Pennsylvania Crimes Code.

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a summary offense, punishable by a fine of not less than $100 per day per violation nor more than $1,000 per day or imprisonment for not more than 30 days, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. This section shall not preclude prosecution under the Pennsylvania Crimes Code.

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 pretreatment permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be guilty of a summary offense, punishable by a fine of not less than $100 per day per violation nor more than $1,000 per violation per day, or by imprisonment for not more than 30 days, or by both. Each occurrence shall be a separate offense. This section shall not preclude prosecution under the Pennsylvania Crimes Code.

Remedies nonexclusive. The remedies provided for in this article are not exclusive. The General Manager may take, any, all, or a combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with THTMA's enforcement response plan. However, the General Manager may take other action against any user when the circumstances warrant. Further, the General Manager is empowered to take more than one enforcement action against any noncompliant user.

Civil penalty assessment policy.

This section constitutes the civil penalty assessment policy required by the Publicly Owned Treatment Works Penalty Law (herein "Penalty Law") Act No. 9 of 1992, 35 P.S. § 752.1 et seq. When making determinations of the level of enforcement, Penn Township, Penn Township Sewage Authority and/or THTMA shall take into consideration the following:

Damage to air, water, land, or other natural resources and their uses;

Costs of restoration and abatement;

Savings to the user as a result of the violation;

History of past violations; and

Deterrence of future violations; and

Other relevant factors as determined by Penn Township, Penn Township Sewage Authority and/or THTMA.

A user must usually spend money to comply with pretreatment standards and requirements. The user makes initial capital expenditures for pretreatment, equipment, or process changes and incurs subsequent operation, maintenance, and repair costs annually. By delaying or avoiding these costs, the user realizes an economic advantage or benefit over a competitor which complied with pretreatment requirements in a timely manner. Thus the "economic benefit" of noncompliance is defined as the difference between the cost of on-time compliance and delayed compliance. Economic benefits realized by the user which fails to comply by a required deadline can be measured by;

The money that the user would expect to earn by delaying the purchase of pretreatment equipment or implementation of process changes and investing the money in more profitable projects.

The annual costs that the user avoids, and the expected return on avoided costs, during the period of noncompliance.

Any competitive advantage the user may gain, such as increased maker share over competitors already in compliance, because of cost advantages attributed to delayed compliance.

In this article, the economic benefit calculation is focused on the first two benefits. The Guidance Manual for POTWs to calculate the Economic Benefit of Noncompliance, United States Environmental Protection Agency, September 5, 1990, may be applied in calculating the penalty.

Consideration of the gravity and length of a violation is important when determining the penalty amount. Removing the economic benefit or noncompliance only places the violating user in the position it would have been had it complied on time. Both deterrence and fundamental fairness require that the civil penalty include an additional amount to ensure that noncompliance is more costly than compliance, and Hempfield Township and/or THTMA's policy will be to include such an amount.

Recovering for damages to public facilities and/or natural resources.

Failure to comply with pretreatments standards and requirements may cause damage to the collection system of Penn Township, Penn Township Sewage Authority and/or THTMA. Damage may also be caused to the natural environment. Therefore, an additional purpose of penalties in pretreatment enforcement shall be to recover for such damages. Specifically, Penn Township, Penn Township Sewage Authority and/or THTMA may determine to require that a violating user pay reparations for any damage caused to the collection system by improper disposal of pollutants. Such a user may also be required to pay for replacement of equipment, facilities, and/or other damaged processes at the POTW caused by pollutant interference.

Pollutants which pass-through or interfere with POTW process may cause damage to natural systems in receiving waters. In addition to assessing penalties to recover for such damages, Penn Township, Penn Township Sewage Authority and/or THTMA may consider requiring mitigation and remediation programs.

Penn Township, Penn Township Sewage Authority and/or THTMA will consider assessing high penalties for violations resulting in actual or potential harm to the environment. Such potential environmental harm occurs whenever a user discharges a pollutant into the sewer system that:

Passes through the POTW inadequately treated and causes a violation of the POTW's National Pollutant Discharge Elimination System (NPDES) permit (including water quality standards); or

Has a potentially toxic effect on the receiving waters (e.g., a fish fill).

Cost of restoration and abatement. Some violations may be negative impacts on the POTW itself. For example, such violations may result in significant increases in treatment costs, interference, harm POTW personnel, equipment, processes, or operations, or cause sludge contamination, resulting in increased disposal costs. When a user's noncompliance harms Penn Township, Penn Township Sewage Authority or THTMA will assess a larger penalty.

Savings to the user as a result of violation. A user which fails to comply with pretreatment standards and requirements in a timely manner may accrue a significant economic benefit. A penalty assessed against the violator will be fixed at a level to at least negate this economic benefit and make it unprofitable for the user to ignore or violate pretreatment requirements. These requirements include installation of pretreatment equipment, one-time expenditures (e.g., land), and operation and maintenance (O&M) or other annual costs. The economic benefit calculation described in this article will be applied to any or all types of pollution control costs.

History of past violation.

Penn Township, Penn Township Sewage Authority or THTMA will consider each violation in assessing the significance of user noncompliance. Violations of average effluent limitations will be considered a violation for each day of the averaging period. Therefore, a monthly average violation will be counted as 30 days of violation, an weekly average violation as seven days of violation, and a four-day average should be counted as four violations. Violations of different parameters at the same discharge point or outfall are counted separately. The amount of the penalty will be increased as the number of violations increases. However, as provided in the Penalty Law, a single operational upset shall only be considered as one violation, even through it may result in simultaneous violations of more than one pretreatment standard.

Penn Township, Penn Township Sewage Authority or THTMA shall consider increasing penalty amounts for continuing, long-term violations. Generally, a long-term violation is one that continues for three or more consecutive months. In addition, penalties will be higher for violations that have continued for three years than for violations that have only occurred for six months.

Significant non-effluent violations will be considered in assessing penalties. Violations included in this category include failure to report, late reporting, schedule violations, failure to implement an approved pretreatment program, laboratory analysis deficiencies, unauthorized discharge, operation and maintenance (O & M) deficiencies, and sludge-handling violations.

Penn Township, Penn Township Sewage Authority or THTMA will consider increasing the penalty amount when the violating user appears to be acting in "bad faith" (e.g., by not cooperating with Penn Township, Penn Township Sewage Authority or THTMA in effecting a timely correction of the violation); when the user experiences unjustified delays in preventing, correcting, or mitigating violation; when the user has already violated prior administrative orders, compliance agreement, or consent decrees; or when the user fails to provide timely and full information. This recalcitrance factor also may be increased during negotiation if the user continues to resist efforts to settle.

When a user demonstrates that it is unable to pay a settlement penalty, Penn Township, Penn Township Sewage Authority or THTMA will independently evaluate the user's ability to pay. When it is determined that the user cannot afford to pay the penalty or that payment of all or part of the penalty will preclude the violator from achieving compliance, Penn Township, Penn Township Sewage Authority or THTMA may consider other options. For example, Penn Township, Penn Township Sewage Authority or THTMA may consider an installment payment plan with the user paying interest. Only as a last recourse, Penn Township, Penn Township Sewage Authority or THTMA may consider reducing the penalty amount. If the user's behavior has been exceptionally culpable, recalcitrant, or threatening to human health and the environment, inability to pay will be disregarded.

Deterrence of future violations.

A user shall install the appropriate pollution control equipment to comply with applicable pretreatment regulations, maintaining compliance required continuing O & M and other annual expenditures. For users which fail to comply with pretreatment requirements, Penn Township, Penn Township Sewage Authority or THTMA will set its penalties at a level to remove, at a minimum, the economic benefit from avoided annual costs during its period of violations. Penn Township, Penn Township Sewage Authority or THTMA hereby determines that assessing a penalty which as a minimum eliminates the economic benefit of noncompliance (or makes noncompliance more expensive than compliance) will encourage users to remain in compliance.

The intent of these penalties is to deter noncompliance so that pollutant discharges by a user do not have significant negative impacts of the POTW, collection system, or receiving waters. Penn Township, Penn Township Sewage Authority or THTMA's policy will be not to assess a penalty that is too small (e.g., less than the economic benefit of noncomplying), so that the violating user and other users may determine that noncompliance is more expensive than compliance.

The EPA or DEP can take enforcement action against a user violating the Clean Water Act, including federal pretreatment standards and regulations. Citizens or citizen groups can also bring civil suits against a user for violating environmental regulations. If the violating user has been sued by the EPA, state regulatory agency, or citizens or citizen groups, and penalties were imposed upon the user from these actions, Penn Township, Penn Township Sewage Authority or THTMA may consider reducing the penalty by an amount equal to that which the user already paid for the same violation.

Other relevant factors.

In order to treat all users fairly and equitably, Penn Township or THTMA will use its best efforts to assess penalties using a consistent methodology. Thus, it will avoid allowing one user to realize an economic benefit from noncompliance which would potentially enable it to gain an economic benefit, Penn Township, Penn Township Sewage Authority or THTMA will strive to eliminate or remove any financial advantage the violator gains.

By exercising a consistent penalty methodology, Penn Township, Penn Township Sewage Authority or THTMA ensure that all violators are treated equitably. While the amount of the penalty may vary from case to case, the methods used to develop the penalty will be consistent.

(Reserved)

Remedies cumulative and concurrent. The remedies provided for in this article are intended to be concurrent and cumulative, and the provisions of this article shall not abridge or alter any right of action or remedy, now or hereafter existing in law, or under the common law or statutory law, criminal or civil, available to Penn Township, Penn Township Sewage Authority or THTMA.

Penalty appeals. The industrial user charged with the penalty shall have 30 days to pay the proposed penalty in full, or if the industrial user wishes to contest either the amount of the penalty, or the fact of the violation, the industrial user must file an appeal of the action pursuant to the municipal law or home rule character or, in the absence of either of these, within 30 days, pursuant to 2 Pa. C.S.A. (relating to administrative law and procedure). Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or amount of the penalty.

§ 133-63 Supplemental enforcement action.

Penalties for late reports. A penalty of $100 may be assessed to any user for each day that a report required by this article, a permit, or order issued hereunder is late, beginning five days after the date the report is due. (Higher penalties may also be assessed where reports are more than 30 to 45 days late.) Actions taken by the General Manager to collect late reporting penalties shall not limit the General Manager's authority to initiate other enforcement actions that may include penalties for late reporting violations.

Performance bonds. The General Manager may decline to issue or reissue an individual wastewater discharge permit or general permit to any user who has failed to comply with any provision of this article, a previous individual wastewater discharge permit, or a previous general permit, or order issued hereunder, or any other pretreatment standard or requirements, unless such user first files a satisfactory bond, payable to THTMA, in a sum not to exceed a value determined by the General Manager to be necessary to achieve consistent compliance.

Liability insurance. The General Manager may decline to issue or reissue an individual wastewater discharge, or general permit to any user who has failed to comply with any provision of this article, a previous individual wastewater discharge permit, or a previous general permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Payment of outstanding fees and penalties. The General Manager may decline to issue or reissue an individual wastewater discharge permit or general permit to any user who has failed to pay any outstanding fees, fines, or penalties incurred as a result of any provision of this article, a previous individual wastewater discharge permit, general permit, or order issued hereunder.

Water supply severance. Whenever a user has violated or continues to violate any provision of this article, an individual wastewater discharge permit, general permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

Public nuisances. A violation of any provision of this article, an individual wastewater discharge permit, general permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any person(s) creating a public nuisance shall be subject to such provisions of the Penn Township Code governing such nuisances, including reimbursing Penn Township, Penn Township Sewage Authority and/or THTMA for any costs incurred in removing, abating, or remedying said nuisance.

§ 133-64 Affirmative defenses to discharge violations.

Upset.

For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3), below, are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information to the General Manager within 24 hours of becoming aware of the upset. (If this information is provided orally, a written submission must be provided within five days.);

A description of the indirect discharge and cause of noncompliance.

The period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue; and

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 133-56A and B of this article if it can prove that it did not know, or have reason to know, that its discharge, alone, or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during the pass-through or interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when THTMA was regularly in compliance with its NPDES permit, and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

Definitions. For the purposes of this section:

BYPASS

The intentional diversion of waste streams from any portion of a user's treatment facility.

SEVERE PROPERTY DAMAGE

Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Subsection C(3) and (4) of this section.

Bypass notifications.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the General Manager, at least 10 days before the date of the bypass, if possible.

A user shall submit oral notice to the General Manager of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The General Manager may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Bypass.

Bypass is prohibited, and the General Manager may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment shall have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and