[Ord. No. 475,
passed 5-8-2002]
This chapter sets forth uniform requirements for users of the
wastewater collection and publicly owned treatment works ("POTW")
of the Moon Township Municipal Authority ("Authority") and enables
the Authority to comply with all applicable state and federal laws
including the Clean Water Act (33 U.S.C. § 1251 et seq.),
and the general pretreatment regulations (40 CFR Part 403). The objectives
of this chapter are:
A.
To prevent the introduction of pollutants into the POTW that will
interfere with its operation;
B.
To prevent the introduction of pollutants into the POTW that will
pass through the POTW, inadequately treated, into receiving waters,
or otherwise incompatible with the POTW;
C.
To protect both POTW personnel who may be affected by wastewater
and sludge in the course of their employment and the general public;
D.
To insure that the quality of the POTW wastewater and sludge is maintained
at a level which allows its use and disposal in compliance with applicable
statutes and regulations;
E.
To promote reuse and recycling of industrial wastewater and sludge
from the POTW;
F.
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the POTW; and
G.
To enable the Authority to comply with its NPDES permit conditions,
sludge use and disposal requirements, and any other federal or state
laws to which the POTW is subject.
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This chapter and all the rules, regulations and requirements
established therein shall apply to all dischargers of wastewater to
the POTW. The chapter authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance and enforcement activities;
establishes administrative review procedures; requires industrial
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
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[Ord. No. 475,
passed 5-8-2002]
Except as otherwise provided herein, the Manager of the Authority
shall administer, implement and enforce the provisions of this chapter.
Any powers granted to or duties imposed upon the Manager may be delegated
by the Manager to other personnel of the Authority.
[Ord. No. 475,
passed 5-8-2002]
The following abbreviations, when used in this chapter, shall
have the designated meanings:
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BOD — Biochemical oxygen demand.
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CFR — Code of Federal Regulations.
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COD — Chemical oxygen demand.
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EPA — U.S. Environmental Protection Agency.
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gpd — Gallons per day.
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mg/l — Milligrams per liter.
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NPDES — National Pollutant Discharge Elimination System.
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POTW — Publicly owned treatment works.
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RCRA — Resource Conservation and Recovery Act.
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SIC — Standard industrial classification.
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TSS — Total suspended solids.
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U.S.C. — United States Code.
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[Ord. No. 475,
passed 5-8-2002]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this chapter, shall have the meanings
hereinafter designated.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the U.S. EPA, Region 3, or
his designee.
If the industrial 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 decision-making functions
for the corporation; or
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 $1,980),
if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
If the industrial user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state, or local government 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 Paragraphs 1 through 3, above,
may designate another 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 the Authority.
The Moon Township Municipal Authority ("Authority") or the
Board of Directors of the Moon Township Municipal Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
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) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
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.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the Authority's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II commonly referred to as the "Resource Conservation
and Recovery Act“ (RCRA); any state regulations contained in
any state sludge management plan prepared pursuant to Subtitle D of
the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection, Research, and Sanctuaries
Act.
The duly appointed Manager of the Moon Township Municipal
Authority who has been or will be appointed by the Board of Directors
of the Authority.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
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 are 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; or
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 or wastewater generating processes 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 extent 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 (1)(b) or (c) above but otherwise
alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
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
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 paragraph.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
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 Authority's NPDES permit,
including an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, 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.
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).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 635.05 of this chapter.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by the Authority. This
definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (and wastes of a similar nature).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the Authority on the basis that it
has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection
2 has no reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement,
the Authority may at any time on its own initiative or in response
to a petition received from a user, and in accordance with procedures
in 40 CFR 403.8(f)(6), determine that such user should not be considered
a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 635.05 of this chapter, or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
One of the 126 pollutants, or combination of those pollutants,
listed as toxic in regulations promulgated by the EPA under the provision
of § 307 (33 U.S.C. 1317) of the Act.
Any discharge or pollutants from the POTW into waters of
the commonwealth.
A source of indirect discharge to POTW.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
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The use of the word "shall" indicates that the action is mandatory;
the use of the word "may" indicates that the action is permissive
or discretionary. The use of the singular shall be construed to include
the plural and the plural shall be construed to include the singular
as indicated by the context.
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[Ord. No. 475,
passed 5-8-2002]
A.
General prohibitions. No industrial user shall introduce or cause
to be introduced into the POTW any pollutant or wastewater which causes
pass-through or interference. These general prohibitions shall apply
to all industrial users of the POTW whether or not they are subject
to categorical pretreatment standards or any other national, state,
or local pretreatment standards or requirements established by the
Authority.
B.
Specific prohibitions. No industrial user shall introduce or cause
to be introduced into the POTW the following pollutants, substances,
or wastewater:
1.
Pollutants which create a fire or explosive hazard in the POTW, including,
but 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;
2.
Wastewater having a pH less than 5.0, or otherwise causing corrosive
structural damage to the POTW or equipment, or endangering the Authority
personnel;
3.
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference;
4.
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 the POTW, or which will constitute a hazard to Authority
personnel;
5.
Wastewater which will inhibit biological activity in the treatment
plant resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.);
6.
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass-through;
7.
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems;
8.
Trucked or hauled pollutants, except at discharge points designated by the Manager in accordance with § 635.13 of this chapter;
9.
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair;
10.
Wastewater containing any radioactive wastes or isotopes except in
compliance with the applicable state or federal regulations;
11.
Stormwater, surface water, groundwater, artesian well water, roof
runoff, subsurface drainage;
12.
Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
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Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
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[Ord. No. 475,
passed 5-8-2002; Ord. No. 500, passed 3-14-2005]
The categorical pretreatment standards found at 40 CFR Chapter
I, Subchapter N, Parts 405-471 are hereby incorporated as though the
same were more fully set forth at length herein.
A.
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Manager may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Manager
shall impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
C.
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
D.
A user may obtain may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
E.
Where the applicable categorical pretreatment standard requires compliance
with a best management practice (BMP) or pollution prevention alternative,
the User shall submit documentation required by the MTMA or the pretreatment
standard necessary to determine the compliance status of the user.
At the discretion of the MTMA, and in consideration of such factors
as local high or low flow rates, holidays, etc. the MTMA may modify
the months during which reports are submitted.
[Ord. No. 475,
passed 5-8-2002; Ord. No. 500, passed 3-14-2005]
Specific pollutant limitations shall be controlled by each significant
user's nondomestic wastewater discharge permit. Concentrations
or masses of each pollutant shall apply at the point designated as
the discharge point in the user's nondomestic wastewater permit.
All concentrations for metallic substances are for "total metal" unless
otherwise specified in the user's nondomestic wastewater discharge
permit.
The MTMA shall not issue nondomestic wastewater permits which
in total aggregate exceed the following masses for each pollutant
shown:
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Pollutant
|
Mass
(pounds per day)
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|---|---|---|
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Arsenic
|
0.3561
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Cadmium
|
0.1392
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Chromium
|
32.7980
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Copper
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1.3583
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Cyanide
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1.5773
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Lead
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1.1912
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Mercury
|
0.1100
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Molybdenum
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1.3371
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Nickel
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2.4599
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Selenium
|
0.4500
| |
|
Silver
|
3.7590
| |
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Zinc
|
10.4799
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[Ord. No. 475,
passed 5-8-2002]
The Authority reserves the right to establish in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 635.01 of this chapter or the general and specific prohibitions in § 635.05 of this chapter.
[Ord. No. 475,
passed 5-8-2002]
No industrial user shall ever increase the use of process water,
or in any way attempt to dilute a discharge, as a partial or complete
substitute or adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Manager may impose mass limitations on
industrial users who are using dilution to meet applicable pretreatment
standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
[Ord. No. 475,
passed 5-8-2002]
Industrial users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits established by the Authority, and the prohibitions set out in § 635.05 of this chapter within the time limitations specified by EPA, the state, or the Authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the industrial user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Authority for review, and shall be acceptable to the Authority before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Authority under the provisions of this chapter.
[Ord. No. 475,
passed 5-8-2002]
A.
Whenever deemed necessary, the Authority may require industrial users
to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and such other conditions as may be
necessary to protect POTW and determine the industrial user's
compliance with the requirements of this chapter.
B.
The Authority may require any person discharging into the POTW to
install and maintain, on their property and at their expense, a suitable
storage and flow-control facility to ensure equalization of flow.
A wastewater discharge permit may be issued solely for flow equalization.
C.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Authority, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of type and capacity approved
by the Authority and shall be so located to be easily accessible for
cleaning and inspection. Such interceptors shall be inspected, cleaned,
and repaired regularly, as needed, and/or as required by the Authority,
by the industrial user at their expense.
D.
Industrial users with potential to discharge flammable substances
may be required by the Authority to install and maintain an approved
combustible gas detection meter.
[Ord. No. 475,
passed 5-8-2002]
At least once every two years, the Authority shall evaluate
whether each significant industrial user needs an accidental discharge/slug
control plan. The Authority may require any user to develop, submit
for approval, and implement such a plan. An accidental discharge/slug
control plan, if required by the Authority, shall address, at a minimum,
the following:
A.
Description of discharge practices, including nonroutine batch discharges;
B.
Description of stored chemicals;
C.
Procedures for immediately notifying the Authority of any accidental or slug discharge, as required by § 635.35 of this chapter; and
D.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
[Ord. No. 475,
passed 5-8-2002]
A.
Septic tank waste may be introduced into the POTW only at locations designated by the Authority, and at such times as are established by the Authority. Such waste shall not violate §§ 635.05 through 635.09 of this chapter or any other requirements established or adopted by the Authority. The Authority may require septic tank waste haulers to obtain wastewater discharge permits.
B.
The Authority shall require haulers of industrial waste to obtain
wastewater discharge permits. The Authority may require generators
of hauled industrial waste to obtain wastewater discharge permits.
The Authority may also prohibit the disposal of hauled industrial
waste. The discharge of hauled industrial waste is subject to all
other requirements of this chapter.
C.
Industrial waste haulers may discharge loads only at locations designated
by the Authority. No load may be discharged without prior consent
of the Authority as to each location of discharge and specific time
of discharge. The Authority may collect samples of each hauled load
to ensure compliance with applicable standards. The Authority may
require the industrial waste hauler to provide a waste analysis of
any load prior to discharge, which analysis shall be conducted at
the expense of the industrial waste hauler.
D.
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.
[Ord. No. 475,
passed 5-8-2002]
Where an owner of property leases premises to any other person
as a tenant under any rental or lease agreement, if either the owner
or the tenant is an industrial user, either or both may be held responsible
for compliance with the provisions of this chapter.
[Ord. No. 475,
passed 5-8-2002]
When requested by the Authority, an industrial user must submit
information on the nature and characteristics of its wastewater within
60 days of the request. The Authority is authorized to prepare a form
for this purpose and may periodically require industrial users to
update this information. Failure to submit the requested wastewater
information within 60 days of the request shall be considered a violation
of this chapter and the Authority may terminate service to the industrial
user for failure to comply with this provision.
[Ord. No. 475,
passed 5-8-2002]
A.
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Authority, except that a significant industrial user that has filed a timely application pursuant to § 635.17 of this chapter may continue to discharge for the time period specified therein.
B.
The Authority may require other industrial users to obtain wastewater discharge permits from it as necessary to carry out the purposes of this chapter. Within 90 days of receipt of notification from the Authority, such industrial users shall submit permit applications to the Authority pursuant to §§ 635.19 and 635.20 of this chapter and said applications will be processed pursuant to § 635.21. The requirement by the Authority of the procurement of a permit pursuant to this provision does not constitute a reclassification of an industrial user as a significant industrial user.
C.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and of the Authority pretreatment standards and/or requirements and subjects the wastewater discharge permittee to the sanctions set forth in §§ 635.47 through 635.62 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
[Ord. No. 475,
passed 5-8-2002]
Any industrial user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Authority for a wastewater discharge permit in accordance with § 635.19 of this chapter, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Authority.
[Ord. No. 475,
passed 5-8-2002]
Any industrial user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 635.19 of this chapter, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
[Ord. No. 475,
passed 5-8-2002]
All industrial users required to obtain a wastewater discharge
permit must submit a permit application. The Authority may require
all industrial users required to obtain a wastewater discharge permit
to submit, as part of the permit application, the following information:
B.
Description of activities, facilities and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
C.
Number and type of employees, hours of operation and proposed or
actual hours of operation;
D.
Each product produced by type, amount, process or processes and rate
of production;
E.
Type and amount of raw materials processed (average and maximum per
day);
F.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge;
G.
Time and duration of discharges; and
H.
Any other information as may be deemed necessary by the Authority
to evaluate the wastewater discharge permit application.
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Incomplete or inaccurate applications will not be processed
and will be returned to the industrial user for revision.
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[Ord. No. 475,
passed 5-8-2002]
All wastewater discharge permit applications and industrial
user reports must contain the following certification statement and
be signed by an authorized representative of the industrial user:
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"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 violation."
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[Ord. No. 475,
passed 5-8-2002]
The Authority will evaluate the data furnished by the industrial
user and may require additional information. Within 60 days of receipt
of a complete wastewater discharge permit application, the Authority
will determine whether or not to issue a wastewater discharge permit.
The Authority may deny any application for a wastewater discharge
permit.
[Ord. No. 475,
passed 5-8-2002]
A wastewater discharge permit shall be issued for a specified
time period, not to exceed five years from the effective date of the
permit. A wastewater discharge permit may be issued for a period of
less than five years, at the discretion of the Authority. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
[Ord. No. 475,
passed 5-8-2002]
A wastewater discharge permit shall include such conditions,
constituting pretreatment standards and/or requirements, as are deemed
reasonably necessary by the Authority to prevent pass-through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal, and protect against damage to the POTW.
A.
Wastewater discharge permits must contain.
1.
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
2.
A statement that the wastewater discharge permit is nontransferable without prior notification to, and approval by, the Authority in accordance with § 635.27 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3.
Effluent limits based on applicable pretreatment standards;
4.
Self-monitoring, sampling, reporting, notification and record-keeping
requirements. These requirements shall include an identification or
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law; and
5.
A statement of applicable civil, criminal and administrative penalties
for the violation of pretreatment standards and/or requirements.
B.
Wastewater discharge permits may contain, but need not be limited
to.
1.
Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization;
2.
Limits on the instantaneous, daily and monthly average and/or maximum
concentration, mass or other measure of identified wastewater pollutants
or properties;
3.
Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate or prevent the introduction of pollutants into
the treatment works;
4.
Requirements for the development and implementation of spill control
plans or other special conditions including management practices necessary
to adequately prevent accidental, unanticipated or nonroutine discharges;
5.
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
6.
The unit charge or schedule of industrial user charges and fees for
the management of the wastewater discharged to the POTW;
7.
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
8.
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
9.
Other conditions as deemed appropriate by the Authority to ensure
compliance with this chapter, the pretreatment standards and requirements
established by the Authority and state and federal laws, rules and
regulations.
[Ord. No. 475,
passed 5-8-2002]
Any person, including the industrial user, may petition the
Authority to reconsider the terms of a wastewater discharge permit
or the denial of issuance of a wastewater discharge permit within
30 days of notice of the issuance or denial.
A.
Failure to submit a timely petition to reconsider shall be deemed
to be a waiver of any right to further review and administrative appeal.
B.
In its petition to reconsider, the petitioner must indicate the wastewater
discharge permit provisions objected to, the reasons for the objection(s),
and the alternative condition(s), if any, it seeks to place in the
wastewater discharge permit.
C.
The effectiveness of the wastewater discharge permit shall not be
stayed pending the reconsideration.
D.
If the Authority fails to act within 60 days following the submission
of a timely petition to reconsider, the request for reconsideration
shall be deemed to be denied.
[Ord. No. 475,
passed 5-8-2002]
Any aggrieved person, including the industrial user, may, subsequent to petitioning for reconsideration as set forth in § 635.24 of this chapter appeal from a denial of reconsideration to the Authority and shall receive a hearing before the Authority Board, at which hearing the appealing party shall have an opportunity to present evidence before the Board on its behalf. A notice of appeal requesting a hearing date must be submitted to the Authority within 30 days of the issuance of a denial of reconsideration, or within 30 days of an effective denial of reconsideration pursuant to § 635.24D of this chapter.
A.
Failure to submit a timely notice of appeal shall be deemed to be
a waiver of the administrative appeal.
B.
The notice of appeal need only indicate that the appellant desires
to appeal from the denial of reconsideration and that the appellant
requests that a hearing date be set.
C.
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D.
A hearing date will subsequently be set by the Authority, and the
appealing party shall be provided with adequate notice of the hearing
date.
E.
All testimony at such hearing shall be stenographically recorded
at the expense of the appealing party, and a full and complete record
shall be kept of the proceedings.
F.
Within 60 days following the hearing date, the Authority Board shall
issue its final adjudication of the matter. Such adjudication shall
be in writing, shall contain findings and the reasons for the adjudication,
and shall be served upon all parties or their counsel personally,
or by mail pursuant to 2 Pa.C.S.A. § 555.
G.
Aggrieved parties seeking judicial review of the final administrative
adjudication of the Authority Board must do so by filing a petition
for review in the Court of Common Pleas of Allegheny County, Pennsylvania
within 30 days of the issuance of the final adjudication of the Authority
Board pursuant to 2 Pa.C.S.A. § 752, 42 Pa.C.S.A. § 933
and Pa. R.A.P. 1512(a)(1).
[Ord. No. 475,
passed 5-8-2002]
The Authority may modify a wastewater discharge permit for a
good cause, including, but not limited to, the following reasons:
A.
To incorporate any new or revised federal, state or local pretreatment
standards or requirements;
B.
To address significant alterations or additions to the industrial
user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D.
Information indicating that the permitted discharge poses a threat
to the Authority's POTW, personnel, or the receiving waters;
E.
Violation of any terms or conditions of the wastewater discharge
permit;
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
H.
To correct typographical or other errors in the wastewater discharge
permit; or
I.
To reflect a transfer by the permittee of the facility ownership
or operation to a new owner or operator in accordance with the provisions
of this chapter.
[Ord. No. 475,
passed 5-8-2002]
Wastewater discharge permits may be transferred to a new owner
or operator only if the permittee give at least 60 days' advance
notice to the Authority and the Authority approves the wastewater
discharge permit transfer in writing. The notice to the Authority
must include a written certification by the new owner or operator
which:
A.
States that the new owner and/or operator has no immediate intent
to change the facility's operations and processes;
B.
Identifies the specific date on which the transfer is to occur; and
C.
Acknowledge full responsibility for complying with the existing wastewater
discharge permit.
|
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
|
[Ord. No. 475,
passed 5-8-2002]
The Authority may revoke a wastewater discharge permit for a
good cause, including, but not limited to, the following reasons:
A.
Failure to notify the Authority of significant changes to the wastewater
prior to the changed discharge;
B.
Failure to provide prior notification to the Authority of changed conditions pursuant to § 635.34 of this chapter;
C.
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
D.
Falsifying self-monitoring reports;
E.
Tampering with monitoring equipment;
F.
Refusing to allow the Authority timely access to the facility premises
and records;
G.
Failure to meet effluent limitation;
H.
Failure to pay fines;
I.
Failure to pay sewer charges;
J.
Failure to meet compliance schedules;
K.
Failure to complete a wastewater survey of the wastewater discharge
permit application;
L.
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
M.
Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this chapter.
|
Wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All wastewater discharge
permits issued to a particular industrial user are void upon the issuance
of a new wastewater discharge permit to that industrial user.
|
[Ord. No. 475,
passed 5-8-2002]
An industrial user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 635.19 of this chapter, a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit.
[Ord. No. 475,
passed 5-8-2002]
A.
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 submit to the Authority a report which contains the
information listed in Paragraph B, below. At least 90 days prior to
commencement of their discharge, new sources, and sources that become
significant industrial users subsequent to the promulgation of an
applicable categorical standard shall submit to the Authority a report
which contains the information listed in Paragraph B, below. A new
source shall report the method of pretreatment it intends to use to
meet applicable pretreatment standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants to be
discharged.
B.
Users described above shall submit the information set forth below.
1.
Identifying information. The name and address of the facility, including
the name of the operator and owner.
2.
Environmental permits. A list of any environmental control permits
held by or for the facility.
3.
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(e).
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 Authority, 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 § 635.39 of this chapter.
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 § 635.31 of this chapter.
[Ord. No. 475,
passed 5-8-2002]
The following conditions shall apply to the compliance schedule required by § 635.30B7 of this chapter:
A.
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 industrial user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning
and conducting routine operation);
B.
No increment referred to above shall exceed nine months.
C.
The industrial user shall submit a progress report to the Authority
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,
and, if appropriate, the steps being taken by the user to return to
the established schedule; and
D.
In no event shall more than nine months elapse between such progress
reports to the Authority.
[Ord. No. 475,
passed 5-8-2002]
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 POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the Authority a report containing the information described in § 635.30B4 through 6 of this chapter. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 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. All compliance reports must be signed and certified in accordance with § 635.20 of this chapter.
[Ord. No. 475,
passed 5-8-2002; Ord. No. 500, passed 3-14-2005]
A.
All significant industrial users shall, at a frequency determined by the Authority but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 635.20 of this chapter.
B.
All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring
facility in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge.
C.
Where the applicable categorical pretreatment standard requires compliance
with a best management practice (BMP) or pollution prevention alternative,
the user shall submit documentation required by the MTMA or the pretreatment
standard necessary to determine the compliance status of the user.
At the discretion of the MTMA, and in consideration of such factors
as local high or low flow rates, holidays, etc. the MTMA may modify
the months during which reports are submitted.
[Ord. No. 475,
passed 5-8-2002]
Each industrial user must notify the Authority of any planned
significant changes to the industrial user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 60 days before the change.
A.
The Authority may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application to the Authority under § 635.19 of this chapter.
C.
For purposes of this requirement, significant changes include, but
are not limited to, flow increases which are determined significant
by the Authority and the discharge of an previously unreported pollutants.
[Ord. No. 475,
passed 5-8-2002]
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, and industrial user shall immediately telephone and
notify the Authority 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 industrial user.
B.
Failure to notify the Authority of potential problem discharges shall
be deemed a separate violation of this chapter and the rules, regulations
and requirements established by the Authority.
C.
A notice shall be permanently posted on the industrial user's
bulletin board or other prominent place advising employees whom to
call in the event of a discharge described in paragraph A, above.
Employers shall ensure that all employees, who may cause such a discharge
to occur, are advised of the emergency notification procedure.
[Ord. No. 475,
passed 5-8-2002]
All industrial users not required to obtain a wastewater discharge
permit shall provide appropriate reports to the Authority as the Authority
may require.
[Ord. No. 475,
passed 5-8-2002]
If sampling performed by an industrial user indicates a violation
of this chapter and/or pretreatment standards and/or requirements,
the user must notify the Authority 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
Authority within 30 days after becoming aware of the violation. The
industrial user is not required to resample if the Authority monitors
at the industrial user's facility at least once a month, or if
the Authority samples between the industrial user's initial sampling
and when the industrial user receives the results of this sampling.
[Ord. No. 475,
passed 5-8-2002]
A.
Any 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, other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall 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 paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 635.34 of this chapter. The notification requirement in this section does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 635.30, 635.32 and 635.33 of this chapter.
B.
Dischargers are exempt from the requirements of paragraph A, above,
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(3). Discharge of more
than 15 kilograms of nonacute hazardous wastes in a calendar month,
or of any quantity of acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e), requires a one-time notification. Subsequent
months during which the user discharges more than such quantities
of any hazardous waste do not require additional notification.
C.
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
Authority, 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.
D.
In the case of any notification made under this section, the 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.
E.
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter and/or any
pretreatment standards and/or requirements, a permit issued pursuant
to this chapter or any applicable federal or state law.
[Ord. No. 475,
passed 5-8-2002]
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, 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, sampling and
analyses must be performed in accordance with procedures approved
by EPA.
[Ord. No. 475,
passed 5-8-2002]
A.
Except as indicated in Subsection B, below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides
and volatile organic compounds must be obtained using grab collection
techniques.
[Ord. No. 475,
passed 5-8-2002]
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 serviced by the United States Postal Service,
the date of receipt of the report shall govern.
[Ord. No. 475,
passed 5-8-2002]
Industrial users subject to the reporting requirements set forth
in this chapter shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring
activities required by this chapter and any additional records of
information obtained pursuant to monitoring activities undertaken
by the industrial user independent of such requirements. Records shall
include the date, exact place, method and time of sampling and the
name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or
methods used; and the results of such analyses. These records shall
remain available for a period of at least three years. This period
shall be automatically extended for the duration of any litigation
concerning the industrial user or the Authority, or where the industrial
user has been specifically notified of a longer retention period by
the Authority.
[Ord. No. 475,
passed 5-8-2002]
The Authority shall have the right to enter the premises of
any industrial user to determine whether the industrial user is complying
with all pretreatment standards and/or requirements of this chapter,
including any wastewater discharge permit or order issued hereunder.
Industrial users shall allow the Authority ready access to all parts
of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
A.
Where an industrial user has security measures in force which 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 suitable identification, Authority
personnel will be permitted to enter without delay for the purposes
of performing specific responsibilities.
B.
The Authority shall have the right to set up on the industrial user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the industrial user's
operations.
C.
The Authority may require the industrial 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 industrial user at its own expense. All devices used
to measure wastewater flow and quality shall be calibrated periodically
to ensure their accuracy.
D.
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 industrial user at the written or verbal request of the Authority
and shall not be replaced. The costs of clearing such access shall
be borne by the industrial user.
E.
Unreasonable delays in allowing the Authority access to the industrial
user's premises shall be a violation of this chapter.
[Ord. No. 475,
passed 5-8-2002]
If the Authority 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 chapter and/or
any pretreatment standard and/or requirement, or that there is a need
to inspect and/or sample as part of a routine inspection and/or sampling
program of the Authority designed to verify compliance with this chapter
and/or pretreatment standards and/or requirements or any permit or
order issued hereunder, or to protect the overall public health, safety
and welfare of the community, then, upon application by the Solicitor
for the Authority to the appropriate Justice of the Peace in the Magisterial
District where the property is located, a search warrant shall be
sought by the Authority requesting that a search be permitted and
that a seizure be made of any pollutants or samples of the same which
are necessary to verify whether there are any violations of this chapter
and/or any pretreatment standard and/or requirements.
[Ord. No. 475,
passed 5-8-2002]
Information and data on an industrial user obtained from reports,
surveys, wastewater discharge permit applications, wastewater discharge
permits and monitoring programs, and from the Authority's inspection
and sampling activities, shall be available to the public without
restriction, unless the industrial user specifically requests, and
is able to demonstrate to the satisfaction of the Authority 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 date. When requested and demonstrated
by the industrial 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 by 40 CFR 2.302 will not be recognized
as confidential information and will be available to the public without
restriction.
[Ord. No. 475,
passed 5-8-2002; Ord. No. 500, passed 3-14-2007]
MTMA shall annually publish in a newspaper of general circulation
that provides meaningful public notice within the jurisdiction served
by the POTW a list of industrial users which at any time during the
previous 12 months were in significant noncompliance with applicable
pretreatment standards and requirements. The term "significant noncompliance"
shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as
66% of more of all of the measurements taken for the same pollutant
parameter during a six-month period exceed (by any magnitude) a numeric
pretreatment standard or requirement including instantaneous as defined
in § 635.04L;
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all the measurements taken for the same pollutant
parameter during a six-month period equal or exceed the product of
the numeric pretreatment standard or requirement including instantaneous
limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as
defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of POTW personnel or the general
public);
D.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
E.
Failure to provide within 30 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;
F.
Failure to accurately report noncompliance; or
G.
Any other violation(s) which the Authority determines will adversely
affect the operation or implementation of the local pretreatment program.
[Ord. No. 475,
passed 5-8-2002]
When the Authority finds that an industrial user has violated,
or continues to violate any provision of this chapter and/or any pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, the Authority may serve
upon that industrial user a written notice of violation. Within 30
days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the industrial
user to the Authority. Submission of this plan in no way relieves
the industrial user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the Authority to take any action, including
emergency action or any other enforcement action, without first issuing
a notice of violation.
[Ord. No. 475,
passed 5-8-2002]
The Authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial user responsible for noncompliance such documents will include specific action to be taken by the industrial user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 635.50 and 635.51 of this chapter and shall be judicially enforceable.
[Ord. No. 475,
passed 5-8-2002]
The Authority may order an industrial user which has violated,
or continues to violate, any provision of this chapter and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, to appear before the Authority
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the industrial user specifying the time
and place for the meeting, the proposed enforcement action, the reasons
for such action, and a request that the industrial user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
industrial user. A show cause hearing shall not be a bar against,
or prerequisite for, taking any other action against the industrial
user.
[Ord. No. 475,
passed 5-8-2002]
When the Authority finds that an industrial user has violated,
or continues to violate, any provision of this chapter and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, the Authority may issue
an order to the industrial user responsible for the discharge directing
that the industrial user come into compliance within a specified time.
If the industrial user does not come into compliance within the time
provided, sewer service may be discontinued unless adequate treatment
facilities, devices or other related appurtenances are installed and
properly operated. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the industrial user of liability
for any violation, including any continuing violation. Issuance of
a compliance order shall not be a bar against, or a prerequisite for,
taking any other action against the industrial user.
[Ord. No. 475,
passed 5-8-2002]
When the Authority finds that an industrial user has violated,
or continues to violate, any provision of this chapter and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, or that the industrial
user's past violations are likely to recur, the Authority may
issue an order to the industrial user directing it to cease and desist
all such violations and directing the industrial user to:
A.
Immediately comply with all provisions of this chapter and all pretreatment
standards and/or requirements; and
B.
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
|
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the industrial
user.
|
[Ord. No. 475,
passed 5-8-2002]
A.
In addition to proceeding under any other remedy available at law
or equity for violation of this chapter and/or pretreatment standards
and/or requirements, the Authority may assess a civil penalty upon
an industrial user for a violation of any provision of this chapter
and/or pretreatment standards and/or requirements, including the provisions
of an industrial user's discharge permit. The penalty may be
assessed whether or not the violation was willful or negligent. The
civil penalty shall not exceed $25 per day for each violation. Each
violation for each separate day shall constitute a separate and distinct
offense under this section. (35 P.S. § 752.4).
B.
In assessing a civil penalty upon an industrial user, the Authority
shall serve a notice of assessment, either personally or by registered
or certified mail, within 30 days of the violation. The notice of
assessment shall indicate which provision(s) of this chapter and/or
pretreatment standards and/or requirements, including provisions of
a discharge permit or order, were violated, a description of the violation,
the date(s) of the violation(s) and the amount of the civil penalty
assessed. All civil penalties shall be calculated in accordance with
the Authority written civil penalty assessment policy. The Notice
of Assessment shall also include a description of the applicable appeals
process to be followed, including the name, address and telephone
number of the person responsible for accepting such appeal, pursuant
to 35 P.S. § 752.4.
C.
The Authority may recover, as part of its civil penalty assessment,
reasonable attorneys' fees, court costs, and other expenses associated
with enforcement activities, including sampling and monitoring expenses
and the cost of any actual damages sustained by the Authority.
D.
Unless an appeal is filed to a civil penalty assessment, the assessment
must be paid in full to the Authority within 30 days of the Authority's
issuance of the notice of assessment.
[Ord. No. 475,
passed 5-8-2002]
Any industrial user which has been assessed a civil penalty
by the Authority for violation of this chapter and/or pretreatment
standards and/or requirements may appeal the assessment and receive
a hearing before the Authority Board, at which hearing the appealing
party shall have an opportunity to present evidence before the Board
on its behalf. A notice of appeal requesting a hearing date must be
submitted to the Authority within 30 days of the issuance of the notice
of assessment by the Authority.
A.
Failure to submit a timely notice of appeal shall be deemed to be
a waiver of the administrative appeal.
B.
Notice of appeal must contain a description of the appellant's
defenses to the assessment and must describe, generally, the evidence
which it intends to present at the hearing. The notice of appeal must
also indicate that the appellant requests that a hearing date be set.
C.
A hearing date will subsequently be set by the Authority, and the
appealing party shall be provided with adequate notice of the hearing
date.
D.
All testimony at such hearings shall be stenographically recorded
at the expense of the appealing party, and a full and complete record
shall be kept of the proceedings.
E.
Within 60 days following the hearing date, the Authority Board shall
issue its final adjudication of the matter. Such adjudication shall
be in writing, shall contain findings and the reasons for the adjudication,
and shall be served upon all parties or their counsel personally,
or by mail pursuant to 2 Pa. C.S.A. § 555.
F.
Aggrieved parties seeking judicial review of the final administrative
adjudication of the Authority Board must do so by filing a petition
for review in the Court of Common Pleas of Allegheny County, Pennsylvania
within 30 days of the issuance of the final adjudication of the Authority
Board pursuant to 2 Pa. C.S.A. § 752, 42 Pa. C.S.A. § 933
and Pa. R.A.P. 1512(a)(1).
[Ord. No. 475,
passed 5-8-2002]
In addition to proceeding under any other remedy available at
law or equity for violation of this chapter and/or pretreatment standards
and/or requirements, if the violation also constitutes a violation
of the Clean Streams Law of the Commonwealth of Pennsylvania, the
Manager may request the District Attorney of Allegheny County to file
appropriate criminal charges under said law against the user.
[Ord. No. 475,
passed 5-8-2002]
The Authority may immediately suspend an industrial user's
discharge, after formal notice to the industrial user, whenever such
suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Authority may
also immediately suspend an industrial user's discharge, after
notice and opportunity to respond, that threatens to interfere with
the operation of POTW, or which presents, or may present, an endangerment
to the environment.
A.
Any industrial user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the Authority may 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 Authority may allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the Authority that the period of endangerment has passed, unless the termination proceedings in § 635.56 of this chapter are initiated against the industrial user.
B.
An industrial user that is responsible, in whole or in part, for any discharge presenting 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 Authority prior to the date of any show cause or termination hearing under §§ 635.49 or 635.56 of this chapter.
|
Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
|
[Ord. No. 475,
passed 5-8-2002]
In addition to the provisions in § 635.28 of this chapter, any industrial user who violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions;
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
C.
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
D.
Refusal of reasonable access to the industrial user's premises
for the purpose of inspection, monitoring or sampling; or
E.
Violation of applicable pretreatment standards and/or requirements
as set forth in this chapter.
|
Such industrial user will be notified of the proposed termination
of its discharge and be offered an opportunity to show cause as set
forth in Section 10.3 of this chapter why the proposed action should
not be taken. Exercise of this option by the Authority shall not be
a bar to, or a prerequisite for, taking any other action against the
industrial user.
|
[Ord. No. 475,
passed 5-8-2002]
When the Authority finds that an industrial user has violated,
or continues to violate any provision of this chapter and/or pretreatment
standards and/or requirements, the Authority may petition the Court
of Common Pleas of Allegheny County, Pennsylvania, through the Authority's
Solicitor, for the issuance of a temporary or permanent injunction,
or both, as appropriate, which restrains or compels the adherence
to the provisions of this chapter and/or pretreatment standards and/or
requirements. In addition to an injunction, the Authority may request,
and the Court may grant in such proceedings the levying of civil penalties
in accordance with 35 P.S. § 752.4. Such other action as
appropriate for legal and/or equitable relief may also be sought by
the Authority. A petition or complaint for injunctive relief need
not be filed as a prerequisite to taking any other action against
an industrial user.
[Ord. No. 475,
passed 5-8-2002]
The remedies set forth in this chapter are not exclusive. The
Authority may take any, all, or any combination of these actions against
a noncompliant industrial user. Enforcement of pretreatment and/or
requirement violations will generally be in accordance with the Authority's
enforcement response plan. However, the Authority may take other action
against any industrial user when the circumstances warrant. Further,
the Authority is empowered to take more than one enforcement action
against any noncompliant industrial user.
[Ord. No. 475,
passed 5-8-2002]
The Authority may decline to issue or reissue a wastewater discharge
permit to any industrial user who has failed to comply with any provision
of this chapter and/or pretreatment standard and/or requirement, including
the provisions of a previous wastewater discharge permit or order
issued hereunder, unless such industrial user first files a satisfactory
bond, payable to the Authority in a sum not to exceed a value determined
by the Authority to be necessary to achieve consistent compliance.
[Ord. No. 475,
passed 5-8-2002]
The Authority may decline to issue or reissue a wastewater discharge
permit to any industrial user who has failed to comply with any provision
of this chapter and/or pretreatment standard and/or requirement, including
the provisions of a previous wastewater discharge permit or order
issued hereunder, unless the industrial user first submits proof that
it has obtained financial assurances sufficient to restore or repair
damage to the POTW caused by its discharge.
[Ord. No. 475,
passed 5-8-2002]
Whenever an industrial user has violated or continues to violate
any provision of this chapter and/or pretreatment standard and/or
requirement, including the provisions of a wastewater discharge permit
or order issued hereunder, water service to the industrial user may
be severed. Service will only recommence, at the industrial user's
expense, after it has satisfactorily demonstrated its ability to comply.
[Ord. No. 475,
passed 5-8-2002]
Any violation of a provision of this chapter and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, is hereby declared a public
nuisance and shall be corrected or abated as directed by the Authority.
[Ord. No. 475,
passed 5-8-2002]
A.
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 industrial 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.
B.
An upset shall constitute an affirmative defense to an action brought
for noncompliance with categorical pretreatment standards if the requirements
of Paragraph C., below, are met.
C.
An industrial user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
1.
An upset occurred and the industrial user can identify the cause(s)
of the upset;
2.
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures; and
3.
The industrial user has submitted the following information to the
Authority within 24 hours of becoming aware of the upset.
a.
A description of the indirect discharge and cause of noncompliance;
b.
The period of noncompliance, including exact dates and times or,
if not corrected, the anticipated time the noncompliance is expected
to continue; and
c.
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
D.
In any enforcement proceeding, the industrial user seeking to establish
the occurrence of an upset shall have the burden of proof.
E.
Industrial users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
F.
Industrial 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.
[Ord. No. 475,
passed 5-8-2002]
A.
For the purposes of this section.
1.
"Bypass" means the intentional diversion of waste streams from any
portion of an industrial user's treatment facility.
2.
"Severe property damage" means 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 economical loss caused by delays in production.
B.
An industrial 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 Paragraphs C and
D of this section.
C.
1.
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the Authority at least 10 days before
the date of the bypass, if possible.
2.
An industrial user shall submit oral notice to the Authority 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
industrial 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 Authority may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
D.
1.
Bypass is prohibited, and the Authority may take enforcement action
against an industrial user for a bypass, unless
a.
Bypass was unavoidable to prevent loss of life, personal injury or
severe property damage;
b.
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 should 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
c.
The industrial user submitted notices as required under Paragraph
C of this section.
2.
The Authority may approve an anticipated bypass, after considering
its adverse effects, if the Authority determines that it will meet
the three conditions listed in Paragraph D1 of this section.
[Ord. No. 475,
passed 5-8-2002]
If any provision of this chapter and/or pretreatment standard
and/or requirement is invalidated by any court of competent jurisdiction,
the remaining provisions shall not be affected and shall continue
in full force and effect.
[Ord. No. 475,
passed 5-8-2002]
This chapter shall be in full force and effect immediately following
its passage.
