[HISTORY: Adopted by the Board of Supervisors of Fairview
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-8-1998 by Ord. No. 98-36]
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The Fairview Township Sewer Authority, its successors and
assigns, bodies corporate and politic, organized and existing under
the laws of the Commonwealth of Pennsylvania.
Any body of surface or groundwater, except such ponds as
may be constructed for the purposes of wastewater treatment.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building
wall.
The extension from the building drain to the public sewer.
One separately owned unit in a condominium building composed
of a number of units.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and
sale of produce.
Any nongovernmental user of the Township sewer system identified
in the Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented under the following
divisions:
A user in the division listed is excluded if it discharged only
segregated domestic waste or wastes from sanitary conveniences.
Any solid, liquid, gaseous, or waterborne substance or form
of energy rejected or escaping from any industrial manufacturing,
trade or business process as distinguished from sanitary sewage.
Any individual, firm, company, partnership, association,
society, private or public corporation, group, club, society, institution,
government or governmental agency.
The logarithm of the reciprocal of the gram moles of hydrogen
ions per liter of solution.
Parts per million.
The wastes from the preparation, cooking, and dispensing
of food and from the handling storage and sale of food products and
produce that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particles greater than 1/2 inch in any dimension.
A sewer to which all owners of abutting properties have equal
rights, and which is controlled by public authority.
Procedural and construction standards adopted by the Township
or the Authorities for the purpose of constructing building sewers.
The normal water-carried household and toilet wastes from
residences, business and other buildings, institutions, schools, churches,
and industrial and commercial establishments, exclusive of stormwater
runoff, surface water or groundwater.
Any combination of water-carried wastes from residences,
buildings, industrial establishments, institutions, manufacturing
plants, processing plants, commercial establishments, or other places
in which such wastes are produced, together with such groundwater,
surface water and stormwater runoff as may be present, but not intentionally
admitted.
A pipe or conduit for carrying sewage or industrial waste
or a combination of both.
Is mandatory; "may" is permissive.
A sewer which carries stormwater and surface water, but excludes
wastewater other than unpolluted cooling water.
A sewer which carries stormwater, surface water, drainage
and some industrial discharges, such as cooling and air-conditioning
waters, but excludes sanitary sewage and polluted industrial wastes.
Solids that either float on the surface or are in suspension
in water, sewage, industrial wastes or other liquids, and which are
removable by laboratory filtration. Quantitative determination of
suspended solids shall be made by an acceptable method.
Fairview Township, situate in Erie County, Pennsylvania,
and its successors and assigns.
A.
It shall be unlawful for any person to place, deposit, or permit
to be deposited in an unsanitary manner upon public or private property
within Fairview Township, Erie County, Pennsylvania, or in any area
under the jurisdiction of said Fairview Township, human or animal
excrement, garbage or other objectionable waste.
B.
It shall be unlawful to discharge sanitary sewage or industrial wastes,
other than unpolluted cooling water, to any watercourse, storm sewer,
or body of water except where suitable treatment has been provided
in accordance with, or under a permit issued by, the Pennsylvania
Department of Environmental Protection.
C.
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within
Fairview Township and abutting on any street or right-of-way in which
there is now located, or may in the future be located, a public sanitary
sewer, are hereby required at their expense to install suitable toilet
facilities therein, and to connect such facilities directly with the
proper public sewer in accordance with the provisions of this article,
within 90 days after date of official notice by personal service or
registered mail to do so, provided that said principal building is
within 150 feet of the property line as measured from a street or
easement where the sewer is installed.
D.
In the event that any owner of property shall refuse or neglect to
connect with such sewer system within said ninety-day period, the
Township Supervisors, the Fairview Township Sewer Authority, or their
agents may enter upon such property and construct such connection.
In such case, the Township Supervisors or the Fairview Township Sewer
Authority shall forthwith upon completion of the works send an itemized
bill of the cost of the construction of such connection to the owner
of the property to which connection has been so made, which bill shall
be payable immediately. In case of neglect or refusal by the owner
of such property to pay said bill, it shall be the duty of the Township
Supervisors or the Fairview Township Sewer Authority to file municipal
liens for said construction within six months of the date of the completion
of the construction of said connection, the same to be subject in
all respect to the general law provided for the filing and recovery
of municipal liens. The above regulations shall not apply to the owner
of any property who is operating under a permit from, or with the
approval of, the Pennsylvania Department of Environmental Protection.
E.
Application for permit; bond.
(1)
Each owner of any premises as set forth in Subsection C or D above shall make application in writing to the appropriate Authority, for a permit to make the required connection to the public sanitary sewer. Such application shall set forth the name of the owner or owners, the location of the lot including the number and street thereof, together with a plan of said premises showing the proposed connection and the sanitary facilities. Each application shall execute a bond in favor of the Authority, and pay the fee as required by the rules and regulations of the particular body.
(2)
The bond shall be in the amount of $500 and shall be conditioned:
"That the applicant shall well and faithfully observe and comply with
all the rules and regulations of said Fairview Township, and the Authority,
for or on account of any damages or injuries received or sustained
by any party or parties, in the construction of said connection, or
the maintenance thereof, or by or in consequence of any negligence
in guarding the same, or by or on account of any act or omission of
said party or his agents or employees, and shall also well and faithfully
comply with all the conditions of said permit in every particular,
and shall pay or cause to be paid, when due and payable, each and
every assessment that shall hereafter be made upon his real estate,
abutting the line of said Fairview Township sewer systems, for the
construction of the same, then this obligation to be void and of no
effect, otherwise to be and remain in full force and effect."
F.
Where public sewers are not immediately available and it becomes
necessary to construct a private sewer to connect with a public sewer
or an adjacent street or other location, adequate plans indicating
size, materials, and methods of installation of said private sewer
shall be submitted to the Authority for approval. Private sewers shall
be constructed on the outside of buildings and branched into each
house or building separately, and in no case shall the sewer from
one house or building to another be permitted to run through cellars
or basements, nor shall a private sewer cross another property or
properties to gain access to a public sewer without a right-of-way
or easement recorded in the deeds of all such properties involved,
in case of separation of properties. In addition, a mutual or maintenance
agreement shall be recorded in the deeds of all such buildings connected
to a private sewer system in order to affix equal responsibility in
maintaining said private sewer. A copy of said recording shall be
filed with the Authority and shall be subject to their approval.
G.
All connections made to any public sanitary sewer within Fairview
Township shall be constructed in compliance with the rules and regulations
adopted by the Fairview Township Supervisors and the Fairview Township
Sewer Authority governing the making of connections in that area,
and after first obtaining the necessary permits and paying the necessary
fees.
A.
The Fairview Township Supervisors or the Fairview Township Sewer
Authority shall have the right to determine the adequacy and capacity
of sewers, as well as exclude noncontaminated waters and cooling water
from sanitary sewer systems within their service area.
B.
The Fairview Township Supervisors or the Fairview Township Sewer Authority shall have the right to require persons producing polluted waters or industrial wastes to provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within the maximum limit provided for in § 306-3, or to control the quantities or rates of discharge of such waters or wastes. Said facilities must be approved by the appropriate authority.
C.
Where preliminary treatment or flow-equalizing facilities are provided
for any water or wastes, the Fairview Township Supervisors or the
Fairview Township Sewer Authority shall require that these facilities
be maintained continuously in satisfactory and effective operation
by the owner at his expense.
D.
The proper authority reserves the right to approve garbage grinders
and disposals.
E.
The proper authority reserves the right to require that grease, oil
and sand interceptors shall be provided for outlets connected with
the public sanitary sewers when, in the opinion of the proper authority,
they are necessary for the proper handling of liquid wastes containing
grease in excessive amounts, or any flammable wastes, sand, or other
harmful ingredients; except that such interceptors shall not be required
for private living quarters or dwelling units. All interceptors shall
be of a type and capacity approved by the proper authority, and shall
be located so as to readily and easily accessible for cleaning and
inspection. Grease and oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight, and equipped
with easily removable covers which, when bolted in place, shall be
gastight and watertight. All oil, grease and sand interceptors, when
required, shall be installed and maintained by the owner at his expense.
Such units shall be operated and maintained so that they shall be
continuously efficient and shall be cleaned and repaired to maintain
such efficient operation.
F.
The proper authority reserves the right to consider industrial waste
and sanitary sewage harmful to the sewer system and the sewage treatment
works if it may cause any of the following damaging effects:
(1)
Chemical reaction either directly or indirectly with the materials
of construction of the sewer system and/or the sewage treatment works
in such a manner as to impair the strength or durability of such structures;
(2)
Mechanical action that will destroy such sewer structures;
(3)
Restriction of the hydraulic capacity of such sewer structures;
(4)
Restriction of the normal inspection or maintenance of such sewer
structures;
(5)
Danger to public health and safety; or
(6)
Obnoxious condition inimical to public interest.
G.
Recordkeeping.
(1)
The Fairview Township Supervisors and the Fairview Township Sewer
Authority shall reserve the right to require every person discharging
any industrial waste mixture into the public sanitary sewer or sewers
connected thereto to keep and maintain records to consist of the following
minimum information:
(a)
Name and address.
(b)
Title of the official making report.
(c)
Location of establishment.
(d)
The nature of the business conducted in such establishment.
(f)
The average daily number of employees employed in each establishment
by shifts.
(g)
The source of water supply of each establishment daily, specified
separately as to each source.
(h)
Such additional information as is deemed applicable to ascertain
the volume, nature and composition of the waste so discharged.
(2)
Such records shall be available for inspection during regular business
hours by authorized representatives or employees of the Fairview Township
Supervisors or the Fairview Township Sewer Authority upon presenting
written credentials of their authority, and such representatives or
employees shall be permitted to make and retain copies of such records.
H.
The Fairview Township Supervisors or the Fairview Township Sewer
Authority may, at its discretion, require industrial users at their
expense to install and maintain in a safe condition a control manhole
on each building sewer conveying its industrial wastes. Such manhole
shall:
(1)
Be constructed in a location safely accessible to the Fairview Township
Supervisors or the Fairview Township Sewer Authority personnel at
all times for purposes of flow measurement and sample collection;
(2)
Contain a flume of standard design to serve as a primary flow-measurement
device;
(3)
Contain provisions to continuously measure and record the pH; and
(4)
Be constructed in accordance with plans approved by the Township
or the Authority.
I.
Authorized employees of the Fairview Township Supervisors or the
Fairview Township Sewer Authority, bearing proper credentials and
identification, shall be permitted to enter all properties and easements
for the purposes of inspection, observation, measurement, sampling,
and testing in accordance with the provision of this article. The
Fairview Township Supervisors or the Fairview Township Sewer Authority
or its representatives shall have no authority to inquire into any
industrial process except as regards the quantity of end product produced,
and the flow rate, chemical constituents and physical characteristics
of the discharge to the public sewers.
J.
The proper authority reserves the right to require industries having
large variations in the rate of discharge of industrial waste to install
suitable regulating devices, approved by the proper authority, for
equalizing industrial waste flows, and as may be required by the proper
authority.
K.
In all cases where tests are conducted by the Fairview Township Supervisors
or the Fairview Township Sewer Authority for the purpose of checking
to determine if a previously found violation of this article has been
corrected, the cost of such tests shall be charged to the user's
sewer charge. In those cases where the Fairview Township Supervisors
or the Fairview Township Sewer Authority determines that the nature
of volume of a particular user's sewage requires more frequent
than normal testing, the Fairview Township Supervisors or the Fairview
Township Sewer Authority may charge such user for the tests, after
giving the user 10 days' written notice of its intention to so, and
the cost thereof shall be added to the user's sewer charge. In
any case where industrial wastes are discharged to a public sewer,
the Fairview Township Supervisors or the Fairview Township Sewer Authority
may require the user, at his own expense, to test his discharge on
a regular basis and to report the test results to the Fairview Township
Supervisors or the Fairview Township Sewer Authority within a reasonable
time. All such tests shall be as ordered by the Fairview Township
Supervisors or the Fairview Township Sewer Authority and shall be
conducted by qualified personnel in accordance with the latest edition
of Standard Methods for the Examination of the Water and Wastewater,
and also regulation 40 CFR Part 136, Guidelines Establishing Test
Procedures for the Analysis of Pollutants.
A.
Sewer permits and administration.
(1)
Applications for permits to construct building sewers to connect
with the Fairview Township sanitary sewer system shall be made by
the owner of the property to be served or his properly authorized
agent to the Authority. No unauthorized person shall uncover, use,
alter, or disturb the public sewer without first obtaining a written
sewer connection permit.
(2)
The contractor or his authorized agent must execute a bond to the
particular authority in the amount of $500 conditioned that the contractor
will observe all resolutions, ordinances, rules and regulations adopted
by the Fairview Township Supervisors or the Fairview Township Sewer
Authority to govern the making of building sewer connections and that
he will indemnify the respective body against damages on account of
said construction.
(3)
The fee for permit and inspection shall be paid at the time the permit
is granted. The fee is $75 if connecting into an existing sewer connection.
The fee is $100 if the main line or a manhole has to be tapped in
order to connect.
(4)
All work is to be done by a competent plumber or sewer installer,
hired by the owner whose qualifications have been approved by the
particular authority. Said plumber or sewer installer shall have posted
a one-time cash bond of $50 with the particular authority which shall
be returned when his final sewer installation is complete, subject
to these rules and regulations.
(5)
Immediately upon completion of construction and approval of the building
drain and building sever, all permits shall be returned to the particular
authority, signed by the plumber laying the building sewer.
(6)
Any person who shall violate any of the rules and regulations herein
shall be subject to fines and penalties provided by this article.
(7)
The Authority shall have the right at any time to an inspection to
satisfy itself that any branch sewer system receives nothing except
sewage which is proper, under Authority resolutions, rules and regulations,
to be disposed of through the public sewer. All buildings built prior
to the installation of sanitary sewers having drains concealed below
basement level shall be subject to a water test upon the inspector's
request.
B.
General conditions.
(1)
At least 24 hours' notice must be given to the particular authority
before any actual work of construction is begun.
(2)
A highway occupancy permit shall be obtained from the Pennsylvania
Department of Transportation whenever any excavating is to be performed
within the limits of any public right-of-way, whether state-controlled
or Township-controlled.
(3)
No person shall be allowed to discharge groundwater, surface water,
yard or areaway water, stormwater, or water of any kind except the
necessary water from bath, toilet, kitchen and laundry drains into
the sewer.
(4)
No person shall be allowed to connect a basement floor drain into
the sewer until he proves to the satisfaction of the particular authority
that such drain receives nothing more than laundry water.
(5)
Where the basement of a building has an excessive amount of groundwater,
a sump pump may be a requirement in the approval of the building sewer.
The discharge from this sump pump shall not be connected to the sanitary
sewer lines. Decision as to the necessity for sump pump rests with
the inspector. In this event, a final inspection will be called for
after the floor is poured.
(6)
Building drains which cannot be discharged to the sewer by gravity
flow shall be discharged into a tightly covered and vented sump pump
from which the liquid shall be lifted and discharged into a building
gravity drainage system by automatic pumping equipment or by any equally
efficient method approved by the Authority.
(7)
Sump and pumping equipment shall be so designed as to discharge contents
accumulated in the sump during the cycle of emptying operation, and
the storage of drainage in a sump or ejector shall not exceed 12 hours.
Sumps in other than one- or two-family residences receiving discharge
of six or more water closets shall be provided with duplex pumping
equipment. The sump vent shall be of proper size to meet the venting
requirements. Sumps receiving the discharge of clear water, such as
rainwater, subsoil or seepage drainage (excluding drainage from sanitary
fixtures), will not require a vent. A check valve and a gate valve
shall be installed in the drainage line of every sump or receiving
tank.
(8)
No branch sewer to serve more than one house or building shall be
constructed to connect with the public sewer, unless design by engineer
permits service to more than one house.
C.
Materials and construction.
(1)
All work is subject to inspection and approval by the inspector,
and no branch sewer connection shall be covered after construction
unless and until it has been inspected and approved by the inspector.
(2)
The building sewer shall have a minimum of three feet of cover.
(3)
All construction of branch sewers, inside and out, to connect with
the Authority sewer system shall be of standard weight four-inch ABS
or PVC-Schedule 40 plastic pipe, and shall be given an even grade
from the horizontal trap to the main sewer of not less than 1/4 inch
per foot.
(a)
ABS and PVC DWV can be caulked with lead into cast iron. The
lead should not be heated above normal and should be allowed to cool
for about five minutes prior to caulking.
(b)
Adapter fittings are available for adapting ABS and PVC DWV
to other types of piping.
(c)
ABS and PVC DWV can be installed underground with no adverse
effects. Trench bottoms should be smooth and regular in either undistributed
soil or a layer of compacted backfill. Pipe must bear on this surface
throughout the entire length of its barrel.
(4)
A six-inch-by-four-inch adapter is to be used where four-inch pipe
connects with six-inch VCP. An oakum and cement mixture is also to
be used. An adapter of six inches SDR 35 by four inches Schedule 40
PVC or a six-inch-by-four-inch Fernco coupler used where four-inch
pipe connects with six-inch SDR 35 lateral.
(5)
The inside of every branch sewer connection, after it is laid, shall
be left smooth and perfectly clean throughout its entire length.
(6)
Building sewers shall have cleanouts installed at eighty-foot intervals.
A wye shall be installed for cleanout purposes ahead of the horizontal
trap. Cleanouts are to be visible and accessible in all installations.
(7)
Each house or building drain shall be provided with a horizontal
intercepting trap, which shall be the same size as the building drain
which it is installed. The trap shall be provided with an accessible
cleanout and a relieving vent or fresh air intake, which shall terminate
in a location acceptable to the Authority.
(8)
The ends of all pipes not to be immediately connected for branch
use shall be securely closed with suitable, approved material.
(9)
Whenever a service line is to be laid in the same trench as the sanitary
sewer, the service line shall be laid on a shelf at least 18 inches
from the sanitary sewer.
(10)
All construction of private sewers to connect with the Authority
sewer system, to buildings other than private homes, shall be of such
materials and size and shall be given such grade as the Authority
shall specify at the time application is made and the permit issued.
(11)
Provisions of these rules and regulations are not intended to
prevent the use of any material, device, method of assemblage or installation,
fixture or appurtenance not specifically authorized, provided such
alternate has been approved by the Fairview Township Supervisors or
the Fairview Township Sewer Authority.
(12)
No branch lines are permitted less than four inches in diameter.
(13)
Ninety-degree fittings shall not be used except for fresh air
inlet.
A.
Any person found to be violating any provision of this article, other than § 306-7, shall be served by the Fairview Township Supervisors or the Fairview Township Sewer Authority with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit
provided for shall, upon being found guilty in an action brought before
a Magisterial District Judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be fined in the amount not exceeding $1,000 for each violation. Each
day in which any such violation shall continue shall be deemed a separate
offense. Any such fine paid to the Fairview Township Supervisors or
the Fairview Township Sewer Authority shall not serve as relief from
such additional fines or penalties as may be imposed by other governmental
entities.
[Amended 11-7-2012 by Ord. No. 2012-4]
C.
Any person violating any of the provisions of this article shall
become liable for any expense, loss, or damage occasioned by reason
of such violation.
D.
Any person who maliciously, willfully, or negligently breaks, damages,
destroys, uncovers, defaces, or tampers with any structure, appurtenance,
or equipment which is a part of the wastewater disposal system shall
be subject to immediate arrest under charge of destruction of public
property, or any other appropriate charges.
E.
All fines and penalties imposed for violation of any provision of
this article shall be paid to the Treasurer of Fairview Township or
the Treasurer of the Fairview Township Sewer Authority. Default in
payment of the fines and costs shall make the defendant liable to
imprisonment for a term not to exceed 90 days.
No person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure appurtenance,
or equipment which is part of the Fairview Municipal Sewage Works.
A.
The Township may, by agreement with the Authority or any other person
or firm, delegate, transfer, set over and assign to the Authority
or to such other person or firm any and/or all administrative duties,
obligations and rights of the Township under this article. As used
herein, any discretionary findings or determinations by the Township
are to comply or be consistent with any similar findings or determinations
by the Authority with respect to the same matter.
B.
The proper officers of the Township and Authority are hereby authorized
and directed to make, execute, and deliver the necessary drafts or
vouchers in payment for any discharge of the Township's or Authority's
obligation or obligations of this article, if any, and the work herein
directed, and to do and perform all and every act and thing necessary
or convenient to fully and completely carry out the obligations and
purposes of the Township or Authority set forth in this article.
[Adopted 12-21-2009 by Ord. No. 2009-1]
A.
Purpose and policy.
(1)
This article sets forth uniform requirements for users of the publicly
owned treatment works for Fairview Township and the City of Erie and
enables the Township and the City to comply with all applicable state
and federal laws, including the Clean Water Act (33 U.S.C. § 1251
et seq.), the General Pretreatment Regulations (40 CFR Part 403),
the Pennsylvania Clean Streams Law (35 P.S. § 691.1 et seq.),
and the Standards For Discharges of Industrial Wastes to POTWs (25
Pa. Code § 97.91 et seq.). The objectives of this article
are:
(a)
To prevent the introduction of pollutants into the publicly
owned treatment works that will interfere with its operation;
(b)
To prevent the introduction of pollutants into the publicly
owned treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(c)
To protect both publicly owned treatment works personnel who
may be affected by wastewater and sludge in the course of their employment
and the general public;
(d)
To promote reuse and recycling of industrial wastewater and
sludge from the publicly owned treatment works;
(e)
To provide for fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the publicly owned treatment
works; and
(f)
To enable the City to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
(2)
This article shall apply to all users of the publicly owned treatment
works. The article authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
B.
Administration. Except as otherwise provided herein, the Superintendent
shall administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the Superintendent may
be delegated by the Superintendent to other City personnel.
C.
Abbreviations. The following abbreviations, when used in this article,
shall have the designated meanings:
|
BMP
|
Best management practices
|
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
U.S. Environmental Protection Agency
|
|
gpd
|
Gallons per day
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
POTW
|
Publicly owned treatment works
|
|
RCRA
|
Resource Conservation and Recovery Act[1]
|
|
SIC
|
Standard industrial classification
|
|
TSS
|
Total suspended solids
|
|
U.S.C.
|
United States Code
|
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
D.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(1)
(a)
(b)
(2)
(3)
(4)
BEST MANAGEMENT PRACTICES or BMP
BIOCHEMICAL OXYGEN DEMAND or BOD
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
CITY
DAILY MAXIMUM
DAILY MAXIMUM LIMIT
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
LOCAL LIMIT
MEDICAL WASTE
MONTHLY AVERAGE
MONTHLY AVERAGE LIMIT
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS or POTW
SEPTIC TANK WASTES
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SLUG LOAD or SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOWNSHIP
USER or INDUSTRIAL USER
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article, shall have the
meanings hereafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Regional administrator of EPA Region 3.
If the user is a corporation:
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operation
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facilities, or their designee.
The individuals described in Subsections (1) through (3) of this definition 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 Superintendent.
The schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 306-10A(1) and (2) and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
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 through
471.
The City of Erie and/or the City Council of Erie.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day or twenty-four-hour period.
The maximum allowable discharge limit of a pollutant during
a calendar day or twenty-four-hour period. Where daily maximum limits
are expressed in units of mass, the daily discharge is the total mass
discharged over the course of the day. Where daily maximum limits
are expressed in terms of a concentration, the daily discharge is
the arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
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.[2]
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.[3]
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 violation of the City's
NPDES permit (including an increase in the magnitude or duration of
a violation) or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of
the Act[4]; the Solid Waste Disposal Act, including Title II, commonly
referred to as the Resource Conservation and Recovery Act (RCA)[5]; 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[6]; the Toxic Substances Control Act[7]; and the Marine Protection, Research, and Sanctuaries
Act.
Specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
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.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
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,[8] 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 replaced
the process or production equipment that caused the discharge of pollutants
at an existing source; or
The production of 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) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities, which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
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 subsection.
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 City'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, sewerage 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 § 306-10A of this article.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned and/or operated by the City
and/or Township. 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 (household showers, dishwashing
operations, etc.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more or 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 City on the basis that is has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon 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 Superintendent may at any time, on his 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 user.
Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which would cause a violation of the prohibited discharge standards in § 306-10A of this article, has the reasonable potential to cause interference or pass-through, or any other way violate the POTW's regulations, local limits, or permit conditions.
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 person designated by the City to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this article, or a duly authorized representative.
The total suspended matter that floats on the surface of,
or which is suspended in water, wastewater, or other liquid, and which
is removable by laboratory filtering.
Fairview Township, Erie County, Pennsylvania.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, together with any groundwater, surface
water, and stormwater that may be present, whether treated or untreated,
which are contributed to the POTW.
That portion of the POTW which is designated to provide treatment,
including recycling and reclamation, of municipal sewage and industrial
waste.
[2]
Editor's Note: See 33 U.S.C. § 1317.
[3]
Editor's Note: See 33 U.S.C. § 1317.
[4]
Editor's Note: See 33 U.S.C. § 1345.
[5]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[6]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[7]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[8]
Editor's Note: See 33 U.S.C. § 1317.
A.
Prohibited discharge standards.
(1)
General prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass-through
or interference. These general prohibitions apply to all 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.
(2)
Specific prohibitions. No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances, or wastewater:
(a)
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to waste streams with a closed-cup flashpoint
of less that 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21;
(b)
Wastewater having a pH less than five or more than 12, or otherwise
designated more stringent by the Superintendent for the purpose of
protecting the POTW;
(c)
Solids or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference, but in no case
solids greater than 1/2 inch in any dimension;
(d)
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interception with other pollutants, will
cause interference with the POTW;
(e)
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.);
(f)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass-through;
(g)
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;
(h)
Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with § 306-11D of this article;
(i)
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;
(j)
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
(k)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurfaces drainage, condensate, deionized water, noncontact
cooling water, and unpolluted wastewater, unless specifically authorized
by the Superintendent;
(l)
Sludge, screenings, or other residues from the pretreatment
of industrial wastes;
(m)
Medical wastes, except as specifically authorized by the Superintendent
in a wastewater discharge permit;
(n)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(o)
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW;
(p)
Fats, oils, or greases of animal or vegetable origin in concentrations
having a negative impact on the POTW; or
(q)
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW, or at any point in the POTW,
of more than 5% or any single reading over 10% of the lower explosive
limit of the meter.
(3)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such manner that they could be
discharged to the POTW.
B.
National Categorical Pretreatment Standards. Upon the promulgation
of the Federal Categorical Pretreatment Standards for a particular
industrial subcategory, found at 40 CFR Chapter I, Subchapter N, the
federal standard, if more stringent than limitations imposed under
this article for sources in that subcategory, shall immediately supersede
the limitations imposed under this article.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Superintendent may impose equivalent concentration or mass limits
in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Superintendent
shall impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
(3)
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.
(4)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
C.
State requirements. State requirements on discharge shall apply in
any case where they are more stringent than federal requirements and
limitations, or those in this article.
D.
Local limits.
[Amended 8-18-2016 by Ord. No. 2016-1]
(1)
The following pollutant limits are established to protect against
pass-through and interference. No person shall discharge wastewater
containing in excess of the following instantaneous maximum allowable
discharge limits:
|
Parameter
|
Limit
|
|---|---|
|
Arsenic (As)
|
1.0 mg/l
|
|
Cadmium (Cd)
|
0.6 mg/l
|
|
Chromium (Cr)
|
8.0 mg/l
|
|
Copper (Cu)
|
1.9 mg/l
|
|
Cyanide (CN)
|
1.2 mg/l
|
|
Lead (Pb)
|
0.8 mg/l
|
|
Mercury (HG)
|
0.0003 mg/l
|
|
Nickel (Ni)
|
7.0 mg/l
|
|
Silver (Ag)
|
1.9 mg/l
|
|
Zinc (Zn)
|
3.4 mg/l
|
|
Phosphorus (P)
|
23.4 mg/l
|
|
Oil and grease
|
250 mg/l
|
|
pH
|
5.0/12.0
|
(2)
The above limits apply at the point where the wastewater is discharged
to the POTW. All concentrations for the metallic substances are for
"total" metal unless indicated otherwise. The Superintendent (as identified
in Ordinance No. 85-1993, as amended by the City of Erie) may impose
mass limitations in addition to, or in place of, the concentration-based
limitations above.
E.
Township's right of revision. The Township reserves the right
to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW.
F.
Dilution. 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 a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Superintendent may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases when the imposition of mass limitations
is appropriate.
A.
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 306-10A of this article within the limitations specified by EPA, the state, or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Superintendent under the provisions of this article.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, the Superintendent may require 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 the POTW and determine the user's compliance
with the requirements of this article.
(2)
The Superintendent 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.
(3)
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Superintendent, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interception shall not be required for residential
users. All interceptor units shall be of type and capacity approved
by the Superintendent and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly; as needed, by the users at their
expense.
(4)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible-gas detection
meter.
C.
Accidental/slug discharges and control plans.
(1)
Each user shall provide protection from any discharge, including,
but not limited to, accidental discharges, discharges of a nonroutine,
episodic nature, a noncustomary batch discharge, or a slug load, of
prohibited materials or other substances regulated by this article,
or that may cause potential problems for the POTW. Facilities to prevent
these discharges shall be provided and maintained at the owner or
user's own cost and expense.
(2)
In the case of such a 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.
(3)
Within five days following such a discharge, the user shall submit
to the Superintendent a detailed written report describing the cause
of the discharge and the measures to be taken 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.
(4)
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 such a discharge. Employers shall ensure that all employees
who may cause or suffer such a dangerous discharge to occur are advised
of the emergency notification procedures.
(5)
At least once every two years, the Superintendent shall evaluate
whether each significant industrial user needs an accidental discharge/slug
control plan. The Superintendent may require any user to develop,
submit for approval, and implement such a plan. Alternatively, the
Superintendent may develop such a plan for any user.
(a)
An accidental discharge/slug control plan shall address, at
a minimum, the following:
[1]
Description of discharge practices, including nonroutine batch discharges;
[2]
Description of stored chemicals;
[3]
Procedures for immediately notifying the Superintendent of any accidental
or slug discharge; and
[4]
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.
(b)
Significant industrial users are required to notify the Superintendant
immediately of any changes at its facility affecting the potential
for a slug discharge.
D.
Hauled wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste shall not violate § 306-10 of this article or any other requirements established by the Superintendent. The Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.
(2)
The Superintendent shall require haulers of industrial waste to obtain
wastewater discharge permits. The Superintendent may require generators
of hauled industrial waste to obtain wastewater discharge permits.
The Superintendent also may prohibit the disposal of hauled industrial
waste. The discharge of hauled industrial waste is subject to all
other requirements of this article.
(3)
Industrial waste haulers may discharge loads only at locations designated
by the Superintendent. No load may be discharged without prior consent
of the Superintendent. The Superintendent may collect samples of each
hauled load to ensure compliance with applicable standards. The Superintendent
may require the industrial waste hauler to provide a waste analysis
of any load prior to discharge.
(4)
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 of characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
A.
Wastewater analysis. When requested by the Superintendent, a user
must submit information on the nature and characteristics of its wastewater
within 30 days of the request. The Superintendent is authorized to
prepare a form for this purpose and may periodically require users
to update this information.
B.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to Subsection C of this section may continue to discharge for the time period specified therein.
(2)
The Superintendent may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this article.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in § 306-17 of this article. 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.
C.
Wastewater discharge permitting: existing conditions. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with Subsection E of this section, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Superintendent.
D.
Wastewater discharge permitting: new conditions. Any 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 Subsection E of this section, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
E.
Wastewater discharge permit application contents.
(1)
All users required to obtain a wastewater discharge permit must submit
a permit application. The Superintendent may require all users to
submit, as part of an application, the following information:
(a)
All information required by § 306-14A(2) of this article;
(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 Superintendent
to evaluate the wastewater discharge permit application.
(2)
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
F.
Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designated to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
G.
Wastewater discharge permit decisions. The Superintendent will evaluate
the date furnished by the user and may require additional information.
Within 60 days of receipt of a complete wastewater discharge permit
application, the Superintendent will determine whether or not to issue
a wastewater discharge permit. The Superintendent may deny, for cause,
any application for a wastewater discharge permit.
A.
Wastewater discharge permit duration. 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 less than five years, at the discretion
of the Superintendent. Each wastewater discharge permit will indicate
a specific date upon which it will expire.
B.
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the Superintendent 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 the damage to the POTW.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(b)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Superintendent in accordance with Subsection E of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c)
Effluent limits, including best management practices, based
on applicable pretreatment standards;
(d)
Self monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law;
(e)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law; and
(f)
Requirements to control slug discharge, if determined by the
Superintendent to be necessary.
(2)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(a)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(b)
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;
(c)
Requirements for the development and implementation of spill-control
plans or other conditions, including management practices necessary
to adequately prevent accidental, unanticipated, or nonroutine discharges;
(d)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(e)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(f)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(g)
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
(h)
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this article, and state and federal laws,
rules and regulations.
C.
Wastewater discharge permit appeals. The user may petition the Superintendent
to reconsider the terms of a wastewater discharge permit or permit
modification within 30 days of its issuance.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(2)
In its petition, the user must indicate the wastewater discharge
permit provisions objected to, the reasons for this objection, and
the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(3)
The effectiveness of this wastewater discharge permit shall not be
stayed pending the appeal.
(4)
If the Superintendent fails to act within 30 days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider
a wastewater discharge permit, not to issue a wastewater discharge
permit, or not to modify a wastewater discharge permit shall be considered
final.
D.
Wastewater discharge permit modification. The Superintendent may
modify a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to the POTW, its personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit; or
(9)
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
E.
Wastewater discharge permit transfer. Wastewater discharge permits
may be transferred to a new owner or operator, if the permittee gives
at least 30 days' advance notice to the Superintendent and the Superintendent
approves the wastewater discharge permit transfer. The notice to the
Superintendent must include a written certification by the new owner
or operator which:
F.
Wastewater discharge permit revocation.
(1)
The Superintendent may revoke a wastewater discharge permit for good
cause, including, but not limited to the following reasons:
(a)
Failure to notify the Superintendent of significant changes
to the wastewater prior to the changed discharge;
(b)
Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 306-14E of this article;
(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 Superintendent timely access to the facility
premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedule;
(k)
Failure to complete a wastewater survey or 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 article.
(2)
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
G.
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 306-12E of this article, a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
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 user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(d)
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
combine waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical and pretreatment standards applicable to each
regulated process.
[2]
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, 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 Subsection J of this section. In the cases where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendant or the applicable standard to determine compliance with the standard.
(f)
Certification. A statement, reviewed by the 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.
(g)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. 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 Subsection B of this section.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection A(2)(g) of this section:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Superintendent 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
(4)
In no event shall more than nine months elapse between such progress
reports to the Superintendent.
C.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or, in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in Subsection A(2)(d) through (f) of this section. For 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 user's long-term production rate. For all other 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 user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 306-12F of this article.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the Superintendent but in no case less than twice per year (April and October), 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. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with § 306-12F of this article.
(2)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
E.
Reports of changed conditions. Each user must notify the Superintendent
of any planned significant changes to the user's operation system
which might alter the nature, quality, or volume of its wastewater
at least 15 days before the change.
(1)
The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 306-12E of this article.
(3)
For purposes of this requirement, significant change, include, but
are not limited to, flow increases over daily flow measurements reported
by the user in its baseline monitoring report of 20% or greater which
are not associated with normally occurring process fluctuations, and
the discharge of previously unreported pollutants.
F.
Report of potential problems. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall follow the reporting procedures located in § 306-11C of this article.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Superintendent as the Superintendent may require.
H.
Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Superintendent
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Superintendent within 30 days after becoming
aware of the violation. The user is not required to resample if the
Superintendent monitors at the user's facility at least once
a month, or if the Superintendent samples between the user's
initial sampling and when the user receives the results of this sampling.
If the Superintendent performed the sampling and analysis in lieu
of the industrial user, the Superintendent will perform the repeat
sampling and analysis unless it notifies the user of the violation
and requires the user to perform the repeat sampling and analysis.
I.
Notification of the discharge of hazardous waste.
(1)
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 hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 251, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the 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 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 discharge. However, notifications of changed conditions must be submitted under Subsection E of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Subsections A, C and D of this section.
(2)
Dischargers are exempt from the requirements of Subsection I(1) 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(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous waste 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.
(3)
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 user must notify the Superintendent,
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.
(4)
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 waste generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
J.
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
described 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.
K.
Sample collection.
(1)
Except as indicated in Subsection K(2) below the user must collect wastewater samples using twenty-four-hour flow proportional composite collection techniques unless time-proportional composite sampling or grab sampling is authorized by the Superintendant; the user must demonstrate 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.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
(3)
For sampling required in support of baseline monitoring and ninety-day compliance reports required in Subsections A and C of this section [40 CFR 403.12 (b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical data are available, the Superintendent may authorize a lower minimum. For the reports required by Subsection D of this section [40 CFR 403.12(e) and 403.12(h)] the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
L.
Timing. 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.
M.
Recordkeeping. Users subject to the reporting requirements of this
article shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this article including documentation associated with BMPs,
and any additional records of information obtained pursuant to monitoring
activities undertaken by the 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. The period
shall be automatically extended for the duration of any litigation
concerning the user, the Township, or the City, or where the user
has been specifically notified of a longer retention period by the
Superintendent.
A.
Right of entry: inspection and sampling. The Superintendent shall
have the right to enter the premises of any user to determine whether
the user is complying with all requirements of this article and any
wastewater discharge permit or order is issued hereunder. Users shall
allow the Superintendent 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.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Superintendent will
be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)
The Superintendent shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
(3)
The Superintendent may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Superintendent
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
(5)
Unreasonable delays in allowing the Superintendent access to the
user's premises shall be a violation of this article.
B.
Search warrants.
(1)
If the Superintendent has been refused access to a building, structure,
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this article, or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the City designed to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Superintendent may seek issuance of a search warrant from a Magisterial
District Judge or the Court of Common Pleas of Erie County.
(2)
Information and data on a user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits, and monitoring
programs, and from the Superintendent's inspection and sampling
activities, shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Superintendent, that the release of such
information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable state law.
Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
The Superintendent shall publish annually, in a newspaper of
general circulation that provides meaningful public notice within
the jurisdictions served by the POTW, a list of users which, 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 those in which 66% or more of all measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 306-9D;
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 306-9D, multiplied by the applicable criteria (1.4 for BOD, TSS fats, oil and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as defined by § 306-10 (daily maximum, long-term average, instantaneous limits or narrative standard) that the Superintendent believes 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.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge;
E.
Failure to meet, within 90 days of the schedule date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which may include a violation of best management
practices, which the Superintendent determines will adversely affect
the operation or implementation of the local pretreatment program.
A.
Harmful contributions.
(1)
The Superintendent may suspend the wastewater treatment service and/or
a wastewater contribution permit when such suspension is necessary,
in the opinion of the Superintendent, 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 POTW to
violate any condition of its NPDES permit.
(2)
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 Superintendent
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 Superintendent shall
reinstate the wastewater treatment service and/or the wastewater contribution
permit 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 Superintendent within
15 days of the date of occurrence.
B.
Revocation of permit. Wastewater discharge permits may be revoked in accordance with § 306-13F of this article.
C.
Notification of violation. When the Superintendent finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may serve
upon that 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 user to the Superintendent.
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. Nothing in this section shall limit the authority of the
Superintendent to take any action, including emergency actions or
any other enforcement action, without first issuing a notice of violation.
D.
Show-cause hearing. The Superintendent may order a user which has
violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Superintendent
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the 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 user. A show-cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
E.
Legal action. If any person has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
the Superintendent may commence an action for appropriate legal and/or
equitable relief in a court of competent jurisdiction, including but
not limited to injunctive relief.
F.
Civil penalties.
(1)
Any user who is found to have violated, or continues to violate,
one or more of the provisions of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, may be assessed a civil penalty. The penalty may be
assessed whether or not the violation was willful or negligent. The
civil penalty shall not exceed $25,000 per day for each violation.
Each violation for each separate day shall constitute a separate and
distinct offense.
(2)
For purposes of this section, a single operational upset which leads
to simultaneous, multiple violations, shall be treated as a single
violation as required by the Federal Water Pollution Control Act,
33 U.S.C. § 1252 et seq.
(3)
In addition to penalties provided herein, the Superintendent may
recover interest, damages, costs, reasonable attorney's fees,
expert witness fees, court costs, court reporter's fees, and
other expenses of litigation by appropriate suit at law or equity
against the person or user found in violation.
G.
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
by a court of competent jurisdiction, be punished by a fine of not
more than $1,000, and in default of payment, by imprisonment for not
more than 30 days.
H.
Remedies nonexclusive. The remedies provided for in this article
are not exclusive. The Superintendent may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the POTW enforcement
response plan. However, the Superintendent may take other action against
any user when the circumstances warrant. Further, the Superintendent
is empowered to take more than one enforcement action against any
noncompliant user.
I.
Consent orders. The Superintendent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the 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 Subsections J and K of this section and shall be judicially enforceable. The Superintendent and the user shall notify the Township, in writing, within five days of entering into a consent order with any user in Fairview Township.
J.
Compliance orders. When the Superintendent finds that a user has
violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may issue
an order to the user responsible for the discharge directing that
the user come into compliance within a specified time. If the user
does not come into compliance within the time provided, sewer services
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 pollutant discharge 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 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 user. The Superintendent and the user shall notify
the Township, in writing, within five days of an order being issued
to a user in Fairview Township that the user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit or any other pretreatment standard or requirement.
K.
Cease-and-desist orders.
(1)
When the Superintendent finds that a user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit order issued hereunder, or any other pretreatment standard
or requirement, or that user's past violations are likely to
recur, the Superintendent may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
(2)
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user. The
Superintendent and the user shall notify the Township, in writing,
within five days of a cease-and-desist order being issued to any user
in Fairview Township.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from users of the POTW for the implementation of the program
established herein. The applicable charges or fees shall be set forth
by the Superintendent.
B.
Surcharge fees. In the event any user discharges industrial wastes
to the POTW in excess of 300 milligrams per liter of suspended solids,
and/or an average five-day BOD in excess of 250 milligrams per liter,
they shall pay a surcharge based upon the excess strength of their
wastes. The amount of the surcharge shall be determined by using the
following formulas:
|
Biochemical Oxygen Demand
(BOD — 250 mg/l x 8.34 x MGD x treatment cost per lb.)
|
|
Suspended Solids
(TSS — 300 mg/l x 8.34 x MGD x treatment cost per lb.)
|
|
Surcharge
The cost per pound for treatment will be determined by the Superintendent
of the POTW, and will be based on actual cost of treatment.
|
C.
Pretreatment program charges and fees.
(1)
The Superintendent may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up and operating
the POTW's pretreatment program.
(b)
Fees for monitoring, inspections, and surveillance procedures.
(c)
Fees for reviewing accidental discharge procedures and construction.
(d)
Fees for permit application.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal by the treatment plant of pollutants
otherwise subject to federal pretreatment standards.
(g)
Other fees as the Superintendent may deem necessary to carry
out the requirements contained herein.
(2)
These fees relate solely to the matters covered by this article and
are separate form all other fees chargeable by the Township or City.
A.
Upset.
(1)
For the purpose of this section, "upset" means an exceptional incidence
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventative maintenance,
or careless or improper operation.
(2)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence:
(a)
An upset occurred and the user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(c)
The user has submitted the following information to the Superintendent
within 24 hours of becoming aware of the upset (if this information
is provided orally, a written submission must be provided within five
days):
[1]
A description of the indirect discharge and cause of noncompliance.
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue, and
[3]
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(3)
In any enforcement proceeding, the user seeking to establish the
occurrences of an upset shall have the burden of proof.
(4)
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.
(5)
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.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 306-10A(1) of this article or the specific prohibitions in § 306-10A(2)(c) through (g) and (i) through (q) of this article if it can prove that it did not know, or have reason to know, that its discharge, along or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
(1)
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass-through
or interference; or
(2)
No
local limit exists, but the discharge did not change substantially
in nature of constituents from the user's prior discharge when
the POTW was regularly in compliance with its NPDES permit and, in
the case of interference, was in compliance with the applicable sludge
use or disposal requirements.
C.
Bypass.
(1)
BYPASS
SEVERE PROPERTY DAMAGE
For the purpose of this section, the following terms shall have
the meanings indicated:
The intentional diversion of waste streams from any portion
of a user's treatment facility.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
(3)
Notice of bypass.
(a)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Superintendent, at least 10 days before
the date of the bypass, if possible.
(b)
A user shall submit oral notice to the Superintendent of an
unanticipated bypass that exceeds applicable pretreatment standards
within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five days of the time the
user becomes aware of the bypass 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 Superintendent may waive the written report on
a case-by-case basis if the oral report has been received within 24
hours.
(4)
Exceptions.
(a)
Bypass is prohibited, and the Superintendent may take an enforcement
action against a user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
[2]
There was 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 backup equipment should have been installed
in the exercise of reasonable engineering judgement to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
D.
The Superintendent and the user shall notify the Township of all
upsets and bypasses, in writing, within five days of the occurrence.
