Township of Robinson, PA Pretreatment Standards for Industrial Contributors to Township of Robinson Wastewater System

This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems for the Township of Robinson and enables the Township of Robinson and the Municipal Authority of the Township of Robinson to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations, 40 CFR Part 403. The objectives of this article are:

To prevent the introduction of pollutants into the wastewater system of the Municipal Authority of the Township of Robinson which will interfere with the operation of the system or contaminate the resulting sludge.

To prevent the introduction of pollutants into the wastewater system of the Municipal Authority of the Township of Robinson which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

To provide for equitable distribution of the cost of the municipal wastewater system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users; authorizes monitoring and enforcement activities; requires user reporting; assumes that existing customer's capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

Applicability. This article shall apply to the Township of Robinson and to persons, organizations, businesses, corporations, institutions, governmental entities and all others in or outside the Township of Robinson who are, by contract or agreement with the Township of Robinson, users of the sewage treatment plants of the Municipal Authority of the Township of Robinson. Except as otherwise provided herein, the Manager appointed by the Municipal Authority of the Township of Robinson shall administer, implement and enforce the provisions of this article.

Short name. This article shall be known as the "Pretreatment Ordinance."

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," 33 U.S.C. § 1251 et seq., as amended.

APPROVAL AUTHORITY

The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

An authorized representative of an industrial user may be:

A responsible corporate officer, if the user is a corporation. "A responsible corporate officer" is:

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

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

A general partner or proprietor, if the industrial user is a partnership or sole proprietorship, respectively.

A duly-authorized representative of the individual designated in subsection (1) or (2), if:

The authorization is made in writing by the individual described in subsection (1) or (2).

The authorization specifies either an individual or a position having overall responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager or a position of equivalent responsibility or having overall responsibility for environmental matters for the company.

PRETREATMENT REQUIREMENTS

The written authorization is submitted to the control authority.

MANAGER

The duly appointed Manager or, in his absence, the Assistant Manager or, in their absence, the Controller of the Municipal Authority of the Township of Robinson, Allegheny County, Pennsylvania.

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 § 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.

PASS-THROUGH

A discharge which exits the POTW into waters of the commonwealth 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).

POTW

A treatment works, as defined by § 212 of the Act, which is owned by a state or municipality [as defined by § 502(4) of the Act]. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality, as defined in § 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

The term "pretreatment requirements" shall mean any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard.

NATIONAL CATEGORICAL PRETREATMENT STANDARD OR STANDARDS

Any regulation containing pollutant discharge limits, such as prohibitive discharge standards, categorical pretreatment standards and local limits.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER

Any user of the wastewater disposal system of the Municipal Authority of the Township of Robinson who:

Has a discharge flow of 25,000 gallons or more per average workday.

Has a flow greater than 5% of the flow in the wastewater treatment system of the Municipal Authority of the Township of Robinson.

Is subject to categorical pretreatment standards.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Is found by the Township of Robinson, the Municipal Authority of the Township of Robinson, the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

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 precipitation and resulting therefrom.

SUSPENDED SOLIDS

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

TOXIC POLLUTANT

Any pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA § 307(a) or other acts.

USER

Any person, organization, business, institution, governmental entity or other who contributes, causes or permits the contribution of wastewater into the POTW.

WASTEWATER

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

WASTEWATER CONTRIBUTION PERMIT

A duly issued written permit to discharge wastewaters or substances regulated by this article, as set forth in § 218-34 of this article.

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.

Abbreviations. The following abbreviations shall have the designated meanings:

	BOD	Biochemical Oxygen Demand
	CFR	Code of Federal Regulations
	COD	Chemical Oxygen Demand
	EPA	Environmental Protection Agency
	l	liter
	mg/l	milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	POTW	Publicly Owned Treatment Works
	SIC	Standard Industrial Classification
	SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
	U.S.C.	United States Code
	TSS	Total Suspended Solids

§ 218-33 Regulations.

General discharge prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

Any liquids solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. This includes, but is not limited to, waste streams with a closed-cup flash point 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 are a fire hazard or a hazard to the 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 grindings or polishing wastes.

Any wastewater having a pH less than 5.0 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 pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which either singly or by interaction with other pollutants will cause interference with either the POTW or any wastewater treatment or sludge process or which will constitute a hazard to humans or animals.

(e)

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 within the POTW by resulting in the presence of toxic gases, vapors or fumes or are sufficient to prevent entry into the sewers for maintenance and repair.

(f)

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 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 pass through the POTW and thus 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 interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (104° F.).

(j)

Wastes which contain petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.

(k)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Municipal Authority of the Township of Robinson in compliance with applicable state or federal regulations.

(l)

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

(m)

Any trucked or hauled pollutants, except at discharge points designated by the Manager.

When the Manager determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to pass through or interfere with the operation of the POTW, the Manager shall: a) advise the user(s) of the impact of the contribution on the POTW; and b) develop effluent limitation(s) for such user to correct the pass-through or interference with the POTW.

Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article or contained in a duly issued wastewater contribution permit for sources in that subcategory, shall immediately supersede the limitations imposed under this article. All wastewater contribution permits issued pursuant to this article shall minimally include applicable national categorical pretreatment standards for new and existing sources set within 40 CFR, Subchapter N, Parts 401 through 471.

Modification of federal categorical pretreatment standards. Where the said wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Municipal Authority of the Township of Robinson may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in § 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The Municipal Authority of the Township of Robinson may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, § 403.7 are fulfilled and prior approval from the approval authority is obtained.

Specific pollutant limitations. No person shall discharge wastewater containing pollutants in excess of the maximum amounts specified in the current rules and regulations governing sewage services of the Municipal Authority of the Township of Robinson or permit issued by the Manager of the Municipal Authority of the Township of Robinson, which limitations shall be set based upon a headworks analysis for each plant, which analysis shall be updated from time to time as determined to be necessary by MATR.

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

Township of Robinson's right of revision. The Township of Robinson 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 § 218-33A 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 the Township of Robinson or the state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in § 218-33A, e.g., the pH prohibition, if specifically approved by the Authority.)

Significant violation. Any discharge which violates this article, whether by quantity or by quality of the discharge, shall be deemed to be a "significant violation" unless the Manager rules that an accidental discharge had occurred as defined in § 218-33I of this article.

Accidental discharges.

Each user shall provide protection from accidental discharge or slug loading of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge or slug loading of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Manager for review and shall be approved by the Authority Manager and Engineer before construction of the facility. All significant industrial users shall complete such a plan within 12 months of the effective date of this article. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Municipal Authority of the Township of Robinson. Review and approval of such plans and operating procedures shall not relieve the industrial user from responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. If all preventive measures have been taken, the Manager may rule "accidental discharge" has occurred if in his/her judgment the cause of the accident was not malice and/or carelessness.

Written notice. Within five days following an accidental discharge, the user shall submit to the Manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

§ 218-34 Fees.

Purpose. It is the purpose of this section to provide for the recovery of costs from users of the said wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the schedule of charges and fees of the Municipal Authority of the Township of Robinson.

Charges and fees.

The Municipal Authority of the Township of Robinson may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the pretreatment program of the Municipal Authority of the Township of Robinson.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

(e)

Fees for filing appeals.

(f)

Fees for consistent removal (by the Municipal Authority of the Township of Robinson) of pollutants otherwise subject to federal pretreatment standards.

(g)

Other fees as the Municipal Authority of the Township of Robinson 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 the Township of Robinson or by the Municipal Authority of the Township of Robinson.

§ 218-35 Administration.

Wastewater discharges. It shall be unlawful to discharge without a permit to any natural outlet within the Township of Robinson or in any area under the jurisdiction of said Township of Robinson and/or to the POTW any wastewater except as authorized by the Manager, in writing, in accordance with the provisions of this article.

Signatory requirement. All reports, applications or other information required to be submitted under this article shall be signed by an authorized representative of the industrial user and shall contain the following certification:

"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 ensure 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."

Wastewater contribution permits.

General permits. All significant industrial users proposing to connect to or to contribute process wastes or other wastes regulated by this article to the POTW shall first obtain a wastewater contribution permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this article.

Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the Municipal Authority of the Township of Robinson an application in the form prescribed by the Municipal Authority of the Township of Robinson and accompanied by a fee as determined by the Municipal Authority of the Township of Robinson. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW.

In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location (if different from the address).

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 218-33 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 § 304(g) of the Act and contained in 40 CFR, Part 136, as amended; laboratory analysis attached.

[4]

Time and duration of contribution.

[5]

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.

[6]

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

[7]

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

[8]

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.

[9]

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

[a]

The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

[i]

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.).

[ii]

No increment referred to in Subsection C(2)(a)[9][a][i] shall exceed nine months.

[iii]

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Manager, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Manager.

[10]

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

[11]

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

[12]

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

[13]

Any other information as may be deemed by the Municipal Authority of the Township of Robinson to be necessary to evaluate the permit application.

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

Permit modification. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater contribution permit as required by § 218-35C(2), the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Manager within 90 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 218-35C(2)(a)[8] and [9].

Permit conditions. Wastewater contribution permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Municipal Authority of the Township of Robinson. Permits may contain the following:

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

Limits on the average and maximum wastewater constituents and characteristics based on the local limits in accordance with § 218-33D of this article.

Limits on average and maximum rate and time of discharge or requirements for flow regulations.

Requirements for installation and maintenance of inspection and sampling facilities.

(e)

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

(f)

Compliance schedules including potential installation of technology.

(g)

Requirements for submission of technical reports or discharge reports (§ 218-35C).

(h)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Municipal Authority of the Township of Robinson, and affording the Municipal Authority of the Township of Robinson access thereto.

(i)

Requirements for notification of the Municipal Authority of the Township of Robinson 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.

(j)

Requirements for notification of slug discharges as per § 218-33H.

(k)

Other conditions as deemed appropriate by the Municipal Authority of the Township of Robinson to ensure compliance with this article.

(5)

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 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 the Municipal Authority of the Township of Robinson during the term of the permit as limitations or requirements as identified in § 218-33 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time for compliance.

(6)

Permit transfer. Wastewater contribution permits are issued to a specific operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Municipal Authority of the Township of Robinson. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Reporting requirements for permittee.

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 significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the 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 industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Manager a report which contains the information listed in Subsection D(1)(b) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

The industrial user shall submit the information required by this section, including:

Identifying information. The name and address of the facility, including the name of the operator and owners.

Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility.

Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

[4]

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 40 CFR § 403.6(a).

[5]

Measurement of pollutants.

[a]

Identify the categorical pretreatment standards applicable to each regulated process.

[b]

Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the Manager) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this article.

[c]

Sampling must be performed in accordance with procedures set out in this article.

[6]

Certification. A statement reviewed by the industrial user's authorized representative 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.

[7]

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

[8]

All baseline monitoring reports must be signed and certified in accordance with this article.

Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following the commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.

Periodic compliance reports.

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after the commencement of the discharge into the POTW, shall submit to the Manager during the months of June and December, unless required more frequently in the pretreatment standard or by the Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow. At the discretion of the Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Manager may agree to alter the months during which the above reports are to be submitted.

The Manager may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 218-35D of this article shall indicate the mass of pollutants regulated by the pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Manager, or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the administrator pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

Monitoring facilities. The Municipal Authority of the Township of Robinson shall require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Municipal Authority of the Township of Robinson may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and so located as not to be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the requirements of the Municipal Authority of the Township of Robinson and all applicable local construction standards and specifications. Construction shall be completed within 90 days following notification by the Municipal Authority of the Township of Robinson.

Inspection and sampling. The Municipal Authority of the Township of Robinson shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Owners and occupants of premises where wastewater is created or discharged shall allow the Municipal Authority of the Township of Robinson or its representative ready access at all reasonable times to all parts of the premises for inspection, sampling, examination and copying of records or in the performance of any of their duties. The Municipal Authority, state and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of appropriate identification, personnel from the Municipal Authority of the Township of Robinson, the approval authority and the EPA will be permitted to enter, without delay, for the purposes of performing their duties.

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 the Municipal Authority of the Township of Robinson shall be provided, operated and maintained at user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Municipal Authority of the Township of Robinson for review and shall be acceptable to the Municipal Authority of the Township of Robinson before construction of the facility. The review of such plans and operating procedures will, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Municipal Authority of the Township of Robinson under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation, or any change which may result in a new or increased discharge of pollutants, shall be reported to and be acceptable to the Municipal Authority of the Township of Robinson prior to the user's initiation of such changes. The Municipal Authority of the Township of Robinson shall annually publish in a local newspaper's legal ads department a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request. All records shall be retained by the user for a minimum period of three years.

Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Municipal Authority of the Township of Robinson that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for use related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Municipal Authority of the Township of Robinson or the Township of Robinson as confidential shall not be transmitted to the general public by the Municipal Authority of the Township of Robinson until and unless a ten-day notification is given to the user.

§ 218-36 Enforcement.

Harmful contributions.

This article shall be enforced on a strict liability basis. Every instance of noncompliance, regardless of fault, negligence or intent on the part of the user, is a violation subject to enforcement.

The Township of Robinson or the Municipal Authority of the Township of Robinson may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Municipal Authority of the Township of Robinson, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the Municipal Authority of the Township of Robinson to violate any condition of its NPDES permit or otherwise violates any requirement of this article.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Municipal Authority of the Township of Robinson shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Municipal Authority of the Township of Robinson shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Municipal Authority of the Township of Robinson within 15 days of the date of occurrence.

Revocation of permit. Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of § 218-36 of this article:

Failure of a user to factually report the wastewater constituents and characteristics of his 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 or monitoring.

Violation of conditions of the permit.

Notice of violation.

Whenever the Manager finds that any user has violated or is violating this article, wastewater contribution permit, or any prohibition, limitation or requirements contained herein, the Municipal Authority of the Township of Robinson or the Township of Robinson may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Municipal Authority of the Township of Robinson by the user. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Issuance of the written notice of violation is not a prerequisite to initiation of other enforcement responses.

If sampling performed by an industrial user indicates a violation, the industrial user must notify the Manager 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 Manager within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's at least once a month or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user received the result of the sampling.

Notification of the discharge of hazardous waste.

Any industrial user who commences the discharge of hazardous waste 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 of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 10 kilograms of such waste per calendar 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 take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this article.

Discharges are exempt from the requirements of Subsection D(1) of this section 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 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or of any quantity of acute hazardous wastes as modified in 40 CFR §§ 261.30(d) and 261.33(e), requires 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 § 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 Waste 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 this section, 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.

Show cause hearing.

General. The Municipal Authority of the Township of Robinson or the Township of Robinson may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause to the Municipal Authority of the Township of Robinson why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Municipal Authority of the Township of Robinson regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Municipal Authority of the Township of Robinson why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

Procedures. The Municipal Authority of the Township of Robinson 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 the Municipal Authority of the Township of Robinson 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 the Municipal Authority of the Township of Robinson for action thereon.

Testimony. At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

Hearing order. After MATR 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 and other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Administrative action.

Consent order. The Manager 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 orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to § 218-36E(2) above.

Compliance order. When the Manager finds that a user has violated or continues to violate this article or a permit or order issued thereunder, he 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.

Cease and desist orders. When the Manager finds that a user continues to violate this article or any permit or order issued hereunder, the Manager may 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.

Administrative fines. Notwithstanding any other section of this article, any user who is found to have violated any provision of this article or permits and/or orders issued hereunder shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge, and the Manager shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Users desiring to dispute such fines must file a request for the Manager to reconsider the fine within 10 days of being notified of the fine. Where the Manager believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving the request from the user.

(5)

Emergency suspensions. The Manager may suspend the wastewater treatment service and/or wastewater contribution permit of a user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment. Any user notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Manager shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in § 218-36B are initiated against the user. A user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Manager prior to the date of the hearing described in the above subsection.

(6)

Additional enforcement remedies.

Annual publication of significant violations. The Manager shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those users which are found to be in significant violation, as defined in § 218-33H of this article, with any provisions of this article or any permit or order issued hereunder during the period since the previous publication.

Performance bonds. The Manager may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this article or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the Municipal Authority of the Township of Robinson, in a sum not to exceed a value determined by the Manager to be necessary to achieve consistent compliance.

Liability insurance. The Manager may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this article or any order or previous permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.

Water supply severance. Whenever a user has violated or continues to violate the provisions of this article or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

§ 218-37 Judicial remedies.

General. If any person discharges sewage, industrial wastes or other wastes into the said wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the Municipal Authority of the Township of Robinson or the Township of Robinson, or otherwise violates any provision of this article, the Solicitor of the Township of Robinson may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of this County. Whenever a user has violated or continues to violate the provisions of this article or wastewater contribution permit or order issued hereunder, the Manager, through Counsel, may petition the Council for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains or compels the activities on the part of the user. The Manager shall have such remedies to collect these fees as he has to collect other sewer service charges.

Civil penalties. Any user who is found to have violated an order of the Municipal Authority of the Township of Robinson or failed to comply with any provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be liable to the Authority for a civil penalty of not less than $100 nor more than $1,000 plus actual damages incurred by the Authority for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Township of Robinson may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued hereunder. The Manager shall petition the court to impose, assess and recover such sums. In determining the amount of 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 deviation, 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.

Criminal prosecution. Any user who willfully or negligently violates any provision of this article or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 per violation per day or imprisonment for not more than one year, or both. In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years, or both.

Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than 30 days, or by both. In the event of a second conviction, the user shall be punishable by imprisonment for not more than three years, or both.

Affirmative defenses.

Treatment upsets.

Any user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, shall inform the Manager thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within five days. The report shall contain:

A description of the upset, its cause(s), and impact on the discharger's compliance status.

The duration of noncompliance, including exact dates and times of noncompliance and, if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.

All steps taken or planned to reduce, eliminate and prevent recurrence of such an upset.

A user which complies with the notification provisions of this section in a timely manner shall have an affirmative defense to any enforcement action brought by the Manager for any noncompliance with this article or an order or permit issued hereunder by the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.

Treatment bypasses.

A bypass of the treatment system is prohibited unless all of the following conditions are met:

The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.

There was no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater.

The user properly notified the Manager as described in the above subsection.

Industrial users must provide immediate notice to the Manager upon discovery of an unanticipated bypass. If necessary, the Manager may require the user to submit a written report explaining the cause(s), nature and duration of the bypass, and the steps being taken to prevent its recurrence.