[Adopted 2-8-1993 by Ord. No. 1560 (Ch. 18, Part 5A, of
the 1997 Code of Ordinances)]
A.
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for
the City of Warren and enables the City to comply with all applicable
state and federal laws required by the Clean Water Act of 1977 and
the general pretreatment regulations (40 CFR, Part 403) and all revisions
thereto.
B.
The objectives of this article are:
(1)
To protect life, health and prevent damage, misuse and abuse of the
sewer system and wastewater treatment plant.
(2)
To regulate the character and quantities of wastes introduced into
the municipal wastewater system which will interfere with the operation
of the system, contaminate the resulting sludge, pass through the
system inadequately treated into the receiving waters or otherwise
be incompatible with the system.
(3)
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
(4)
To provide enabling legislation for administration of the POTW pretreatment
program specified by the U.S. EPA's pretreatment regulations.
(5)
To maximize the potential use of the wastewater collection and treatment
system thereby distributing costs for transporting and treating wastes
to the largest possible base.
C.
This article provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of written
authorization or, when required, issuance of permits to certain nondomestic
users and through enforcement of general requirements for the other
uses; authorizes monitoring and enforcement activities; requires user
reporting; assumes that existing customer's capacity will not be preempted;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
D.
This article shall apply to the City of Warren and to persons outside the City who are, by contract or agreement with the City, users of the City's POTW, except as may be altered by permit, contract or agreement. This article is supplementary to Ordinance No. 663 of October 22, 1957, as amended (Article II of this chapter).
[Amended 12-8-1997 by Ord. No. 1622]
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
Sewage whose concentration of one or more characteristics
exceeds the maximum concentrations of the characteristics of raw sanitary
sewage from domestic residential users.
The Federal Water Pollution Control Act, also known as the
Clean Water Act (CWA), as amended, 33 U.S.C. § 1251 et seq.,
as may be amended.
The USEPA, or the Pennsylvania Department of Environmental
Protection (PADEP) in the event the PADEP is delegated approval authority
responsibility by the USEPA.
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation.
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above, if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
The result obtained when using a laboratory procedure ("standard
methods") to determine the quantity of oxygen utilized in the aerobic
biochemical oxidation of organic matter or in a sample, expressed
in milligrams per liter.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act which
applies to a specific category of industrial users.
The City of Warren or the Warren City Council, or designated
representative thereof.
Refers to "approval authority," as defined hereinabove, or
to the designated representative of the City if the City has an approved
pretreatment program under the provisions of 40 CFR 403.11.
A manhole accessible to the control authority in or upstream
of the street lateral, such that samples collected from the manhole
represent the discharge to the POTW.
A pollutant that the POTW treatment plant is designed to
treat or defined in accordance with the Act.
The water discharged from any system of condensation, air
conditioning, refrigeration or other sources. It shall contain no
polluting substances which would produce BOD or suspended solids in
excess of five milligrams per liter or toxic substances, as limited
elsewhere in this article.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The agency of the federal government charged with the administration
and enforcement of federal environmental laws, rules and regulations.
Also may be used as a designation for the administrator or other duly
authorized official of this agency.
Attachment of a sewer line with more than one user to an
existing sewer line.
The solid wastes from the preparation, cooking and dispensing
of food; from the handling, storage and sale of produce; and from
the packaging and canning of food.
A single sample of wastewater representing the physical,
chemical and biological characteristics of the wastewater at one point
and time.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The introduction of nondomestic pollutants into a POTW for
treatment and ultimate discharge of the treated effluent to commonwealth
waters from any source regulated under Section 307(b) or (c) of the
Act, 33 U.S.C. § 1317.
Pertaining to industry, manufacturing, commerce, trade, business
or institution, and is distinguished from domestic or residential.
Specifically, this is any source of indirect discharge to the City
of Warren.
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade, service, utility
or business, as distinct from sanitary sewage.
A discharge which, alone or in conjunction with discharges
by other sources, inhibits or disrupts the POTW, its treatment processes
or operations, which causes or significantly contributes to violation
of a requirement of the City's NPDES permit (including an increase
in the magnitude or duration of a violation). The term includes prevention
of sewage sludge use or disposal by the POTW in accordance with Section
405 of the Act or any criteria, guidelines or regulations developed
pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act,
the Toxic Substances Control Act, or more stringent state criteria
applicable to the method of disposal or use employed by the POTW.
A permit issued pursuant to Section 402 of the Act, 33 U.S.C.
§ 1342.
Any regulation developed under the authority of Section 307(B)
of the Act and 40 CFR 403.5.
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a Section 307(C),
33 U.S.C. § 1317, categorical pretreatment standard which
will be applicable to such source, if such standard is thereafter
promulgated.
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, water, grease and oil in a sample,
expressed in milligrams per liter.
The discharge which exits the City's POTW into waters of
the commonwealth in quantities which, alone or in conjunction with
discharges from other sources, is a cause of a violation of any requirement
of the POTW's NPDES permit (including an increase in the magnitude
or duration of a violation).
An authorization or an agreement issued by the City to the
user of the POTW which establishes limits and regulations different
from those general requirements defined herein.
Any individual, public or private corporation, political
subdivision, federal, state, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions, in gram moles per liter of solution. A pH value of
seven, the pH scale midpoint, represents neutrality. Values above
seven represent alkaline conditions. Values below seven represent
acid conditions.
Any material placed into or onto the commonwealth's waters,
lands and/or airs which interferes with the beneficial use of that
water, land and/or air by any living thing at any time.
The man-made or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of the commonwealth's waters,
lands and/or airs resulting from the introduction of a pollutant into
these media.
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such treatment.
That program described in the U.S. Environmental Protection
Agency's general pretreatment regulations, 40 CFR 403.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
A treatment works, as defined by Section 212 of the Act,
33 U.S.C. § 1292, which is owned, in this instance, by the
City of Warren. This definition includes publicly owned sewers and
appurtenances that transport wastewater to the POTW treatment plant,
but does not include pipes, sewers or other conveyances not connected
directly or indirectly to a facility providing treatment. For the
purposes of this article, "POTW" also includes publicly owned sewers
that convey wastewaters to the POTW from persons outside the City
who are by contract or agreement users of the POTW.
All categorical industrial users.
Any noncategorical industrial user that:
Discharges 25,000 gallons per day or more of process wastewater
("process wastewater" excludes sanitary, noncontact cooling and boiler
blowdown wastewaters).
Contributes any waste stream which makes up 5% or more of the
average dry weather hydraulic or organic capacity of the treatment
plant.
Has a reasonable potential, in the opinion of the control authority
or City, to adversely affect the POTW (inhibition, pass-through of
pollutants, sludge contamination, or endangerment of POTW workers
or facilities, etc.).
Has in its wastes toxic pollutants in toxic amounts as defined
pursuant to Section 307 of the Act.
Is found by the City, PADEP or EPA to have a significant impact,
either singly or in combination with other contributing industries,
on the POTW quality of sludge, the system's effluent quality, or air
emissions generated by the system.
A classification pursuant to the "Standard Industrial Classification
Manual," issued by the Executive Office of the President, Office of
Management and Budget, 1972, and subsequent revisions.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
Any substance, whether gaseous, liquid or solid, that when
discharged to a public sewer in sufficient quantities may be hazardous
to POTW operation and maintenance personnel, tend to interfere with
any biological sewage treatment process or to constitute a hazard
to recreation in the receiving waters due to the effluent from a sewage
treatment plant or overflow point. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by the EPA under
provisions of the CWA § 307(a), or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, industrial facilities and
institutions, together with any groundwater, surface water, and stormwater
that may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
[Amended 12-8-1997 by Ord. No. 1622]
The following abbreviations shall have the designated meanings:
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
EPA
|
Environmental Protection Agency
|
|
L
|
Liter
|
|
Mg
|
Milligram
|
|
Mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
PADEP
|
Pennsylvania Department of Environmental Protection
|
|
POTW
|
Publicly owned treatment works
|
|
ppm
|
Parts per million, weight basis
|
|
SIC
|
Standard Industrial Classification
|
|
SWDA
|
Solid Waste Disposal Act, 2 U.S.C. § 690L et seq.
|
|
U.S.C.
|
United State Code of Laws
|
|
USEPA
|
United States Environmental Protection Agency
|
|
TSS
|
Total suspended solids
|
|
TTO
|
Total toxic organic compounds
|
No user shall contribute or cause to be contributed, in any
manner or fashion, directly or indirectly, any pollutant or wastewater
which will interfere with the operation or performance of the POTW.
These general prohibitions apply to all such users of a POTW whether
or not the user is subject to national categorical pretreatment standards
or any other national, state or local pretreatment standards or requirements.
A user may not contribute the following substances to the POTW:
A.
Any solids, liquids or gases which, by reason of their nature or
quantity, are or may be sufficient, either alone or by interaction
with other substances, to cause a fire or an explosion or be injurious
in any way to the POTW or to the operation of the POTW. At no time
shall both of two successive readings, on a flame-type explosion hazard
meter, at the point of discharge into the system (or at any point
in the system) be more than 15% nor any single reading be more than
25% of the lower explosive limit (LEL) of the meter. Unless explicitly
allowable by written authorization, prohibited materials include,
but are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides, and any other
substance which the City, the state or the EPA has notified the user
is a fire hazard or hazard to the system.
B.
Solid or viscous substances which may cause obstruction to the flow
in a sewer or otherwise interfere with the operation of the wastewater
treatment facilities. Unless explicitly allowable by a written permit,
such substances include, but are not limited to, grease, garbage with
particles greater than 1/2 inch in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains,
spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing fuel or lubricating oil, mud,
or glass or stone grinding or polishing wastes.
C.
Any wastewater having a pH less than six or greater than nine or
wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or POTW personnel.
D.
Wastes having a BOD in excess of 250 parts per million by weight
or suspended solids in excess of 300 parts per million by weight without
authorization from the City.
E.
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants (including heat),
to injure or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a toxic effect in the receiving
waters of the POTW or to exceed the limitation set forth in a categorical
pretreatment standard; exceed a specific pollutant limitation; or
otherwise be classified as a hazardous waste, unless approved by contract.
A toxic pollutant shall include, but not be limited to, any pollutant
identified pursuant to Section 307(A) of the Act.
F.
Any noxious or malodorous solids, liquids or gases which either singly
or by interaction with other wastes are sufficient to create a public
nuisance or a hazard to life or are sufficient to prevent entry into
the sewers for their maintenance or repair.
G.
Any substance which reasonably may cause the POTW's effluent or any
other product of the POTW, such as residues, sludges or scums, to
be unsuitable for reclamation and reuse or to interfere with such
processes. In no case shall a substance discharged to the POTW cause
it to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act; any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act or state criteria applicable to the sludge
management method being used.
H.
Oils and grease. Any commercial, institutional or industrial wastes
containing fats, waxes, grease or oils which become visible solids
when the wastes are cooled to 50° F.; any petroleum oil, nonbiodegradable
cutting oils, or products of mineral oil origin in excess of 100 mg/l
or in amounts what will cause interference or pass-through.
I.
Any wastewater which will cause interference or pass-through.
J.
Any wastewater with objectionable color which is not removed in the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions.
K.
Any solid, liquid, vapor or gas having a temperature higher than
120° F.; however, such materials shall not cause the POTW treatment
plant influent temperature to be greater than 104° F.
L.
Any substance which will cause the POTW to violate its NPDES and/or
state discharge and construction permit or the receiving water quality
standards; or which exceeds the limitation set forth in a categorical
pretreatment standard.
M.
Any pollutants, including oxygen-demanding pollutants (BOD), etc.,
released at a flow rate and/or pollutant concentration which a user
knows or has reason to know will cause interference to the POTW. In
no case shall a slug load have a flow rate or contain concentrations
or qualities of pollutants that exceed for any time period longer
than 15 minutes more than three times the permissible average twenty-four-hour
concentrations, quantities or flows during normal operation.
N.
Any wastewater containing any radioactive waste or isotopes of such
half-life or concentration as may exceed limits established by applicable
state or federal regulations.
O.
Any wastewater which causes a hazard to human life or which creates
a public nuisance, either by itself or in combination in any way with
other wastes.
P.
Any wastewater with a closed-cup flash point of less than 140°
F. using applicable test methods.
Q.
Any 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.
Upon the promulgation of the federal categorical pretreatment
standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this article, shall
immediately supersede the limitations imposed herein.
Any industry which is subject to limitations imposed by the
federal categorical pretreatment standards, is classified as a significant
industrial user as defined herein, or whose waste contains materials
in sufficient quantities to be classified hazardous shall:
A.
Develop a compliance schedule for the installation of technology
required to meet applicable pretreatment standards and requirements.
B.
Submit, at a frequency to be determined by the City but not less
than semiannually, to the City all notices and self-monitoring reports
as are necessary to assess and assure compliance with pretreatment
standards and requirements, including, but not limited to, the reports
required in Section 403.12 of the EPA's general pretreatment regulations,
40 CFR 403.
C.
Enter into a contract with the control authority or City, which will:
(1)
Provide for liquidated damages for violation of pretreatment standards
and requirements and will include an agreement by the industry to
submit to the remedy of specific performance for breach of contract.
(2)
Define the volume and characteristics of the waste in accordance
with Section 403.12(b), 4 and 5 of the general pretreatment regulations,
40 CFR 403.
A.
No person shall discharge, directly or indirectly, into the POTW,
wastewater containing any of the following substances in concentrations
exceeding those specified below on a daily basis, except by permit.
Concentration limits are applicable to wastewater effluents at the
point just prior to discharge into the POTW ("end of pipe" concentrations):
|
Substance
|
Effluent Concentration Allowable
24-Hour Maximum
(mg/l)
| |
|---|---|---|
|
Aluminum
|
25
| |
|
Arsenic
|
1.5
| |
|
Barium
|
100
| |
|
Cadmium
|
0.1
| |
|
Chromium (hex)
|
0.1
| |
|
Chromium (tot)
|
1.0
| |
|
Copper
|
2.0
| |
|
Cyanide (total)
|
1.2
| |
|
Cyanide (amenable)
|
0.8
| |
|
Iron
|
25
| |
|
Lead
|
0.7
| |
|
Manganese
|
2.0
| |
|
Mercury
|
0.01
| |
|
Nickel
|
4.0
| |
|
Phenolic compounds that cannot be removed by the City's treatment
processes
|
15
| |
|
Phosphates
|
15
| |
|
Selenium
|
1.0
| |
|
Silver
|
0.4
| |
|
Tin
|
2.0
| |
|
Zinc
|
2.0
| |
|
TTO
|
2.0
|
B.
Other substances which may be discharged only by specific authorization
from the control authority or the City are:
(1)
Antibiotics.
(2)
Chemical compounds which, upon acidification, alkalinization, oxidation
or reduction, in the discharge or after admixture with wastewater
and its components in the POTW, produce toxic, flammable or explosive
compounds.
(3)
Pesticides, including algicides, fungicides, herbicides, insecticides,
rodenticides.
(4)
Polyaromatic hydrocarbons.
The City reserves the right to establish by ordinance other limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 380-39.
No user shall ever increase the use of process water or in any
other way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitation contained
in this subpart.
Grease, oil and grit interceptors shall be provided when, in
the opinion of the City, they are necessary for the proper handling
of wastewater containing excessive amounts of grease, flammable substances,
grit or other harmful substances; except that such interceptors shall
not be required for private living quarters or living units. All interceptors
shall be of type and capacity approved by the City 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 owner, at his expense.
A.
Telephone notice. Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's
own cost and expense. In case of an accidental discharge, it is the
responsibility of the user to immediately telephone and notify the
POTW and the City of the incident. The notification shall include
location of discharge, type of waste, concentration and volume and
corrective action taken.
B.
Written notice. Within five days following an accidental discharge,
the user shall submit to the City a detailed written report describing
the cause of the discharge and the measures taken by the user to prevent
similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage or other liability which may be
incurred as a result of damage to the POTW, 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 statute.
C.
Notice to employees. Users shall notify appropriate employees on
each shift of procedures to follow in the event of a dangerous discharge.
A.
The City may require monitoring and flow measurement facilities in
the user's building sewer or its equivalent to be installed and operated
at the user's expense.
B.
The City may inspect the facilities of any user to ascertain whether
the purpose of this article is being met and all requirements are
being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or its representatives
ready access at all reasonable times to appropriate parts of the premises
for the purpose of inspecting, sampling, records examination and/or
copying in the performance of any of their duties.
As a means of determining compliance with this article with
applicable NPDES permit conditions and with applicable state and federal
law, each industrial user shall, upon request, be required to submit
to the City a completed industrial wastewater survey (IWB) form identifying
existing or proposed discharges to the POTW. The City may require
any user discharging wastewater into the POTW to file wastewater discharge
reports and to supplement such reports as the City deems necessary.
All information shall be furnished by the user in complete cooperation
with the City.
[Amended 12-8-1997 by Ord. No. 1622]
No industrial user shall discharge industrial wastewater to
the POTW without written authorization from the City. No significant
industrial user shall discharge wastewater to the POTW without having
a valid wastewater discharge permit issued by the City. Significant
industrial users shall comply fully with the terms and conditions
of their permits in addition to the provisions of this article. Violation
of a permit term or condition is deemed a violation of this article.
A.
Wastewater discharge permits required for significant industrial
users. All significant industrial users proposing to connect to or
to discharge to the POTW shall obtain a wastewater discharge permit
before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a wastewater discharge
permit within 90 days after the effective date of this article.
B.
Other industrial users. The City may, at its sole option, require
wastewater discharge permits to be issued to other industrial users
of the POTW.
C.
Discharge permits to storm sewers not authorized. The City does not
have the authority to issue permits and is therefore not responsible
for the discharge of any wastewater to a City storm sewer. Such authority
rests solely with the PADEP. No connection of PADEP permitted wastewater
or storm drainage may be made to the City's storm sewer without written
authorization from the City.
A.
Industrial users required to obtain a wastewater discharge permit shall complete and file with the City an application. The application shall be accompanied by a fee, as provided for in §§ 380-65 and 380-66 of this article. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the address).
(2)
SIC code of both the industry and any categorical processes.
(3)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in §§ 380-42 through 380-50 of this article, and as determined by a reliable analytical laboratory certified by the Commonwealth of Pennsylvania. Sampling and analysis shall be performed in accordance with standard methods.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged
to the POTW.
(8)
The nature and concentration of any pollutants in the discharge which
are limited by any county, state or federal standards, and a statement
whether or not the standards are being met on a consistent basis and,
if not, whether additional operation and maintenance (OM) and/or additional
pretreatment is required for the user to meet all applicable standards.
(9)
Number and type of employees, hours of operation and proposed or
actual hours of operation of any proposed pretreatment system.
(10)
If additional pretreatment and/or O&M will be required to
meet the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment and/or O&M. The
completion date in this schedule shall not be longer than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation and beginning
routine operation).
(b)
Unless otherwise approved by the control agency or the City,
no increment referred to in Subsection A(10(a), above, shall exceed
nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the City, including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay and the steps being taken by the user to return
to the established schedule. In no event shall more than nine months
elapse between such progress reports to the control authority or the
City.
(11)
Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
B.
The City will evaluate the data furnished by the industrial user
and may require additional information. After evaluation and acceptance
of the data furnished, the City may issue a wastewater discharge permit,
subject to terms and conditions provided herein.
A.
Wastewater discharge permits may be modified by the City, upon 30
days' notice to their permittee, for just cause. Just cause shall
include, but not be limited to:
(1)
Promulgation of an applicable national categorical pretreatment standard.
(2)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13.
(4)
Changes in processes used by the permittee or changes in discharge
volume or character.
(5)
Changes in design or capability of any part of the POTW.
(6)
Discovery that the permitted discharge causes or contributes to pass-through
or interference.
(7)
Changes in the nature and character of the sewage in the POTW as
a result of other permitted discharges.
B.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 380-53A(10)(a).
Wastewater discharge permits shall be expressly subject to all
the provisions of this article and all other applicable regulations,
user charges and fees established by the City. Permits may contain
the following:
A.
Limits on the average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
B.
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
C.
The schedule of user charges and fees for the management of the wastewater
discharged to the POTW.
D.
Requirements for installation and maintenance (in safe condition)
of inspection, sampling and flow measurement facilities.
E.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge reports.
H.
Requirements for maintaining and retaining records relating to wastewater
discharge, as specified by the City, and affording the City access
thereto.
I.
Requirements for notification of the City of any new introduction
of wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
J.
Requirements of the notification of the City of any change in the
manufacturing and/or pretreatment process used by the permittee.
K.
Requirements for notification of excessive, accidental or slug discharge.
L.
Other conditions as deemed appropriate by the City to ensure compliance
with this article, and state and federal laws, rules and regulations.
Permits shall be issued for a specified time period, not to
exceed five years. A permit may be issued for a period less than five
years.
Wastewater discharge permits are issued to a specific user for
a specific operation or discharge at a specific location. A wastewater
discharge permit shall not be reassigned, transferred or sold to a
new owner, new user, different premises or a new or changed operation.
Wastewater discharge permits may be revoked for the following
reasons: falsifying self-monitoring reports, tampering with monitoring
equipment, refusing to allow the City timely access to the industrial
premises, failure to meet discharge limitations, failure to pay fines,
failure to pay user charges and failure to meet compliance schedules.
A.
All significant industrial users, and other industrial users whose
industrial waste discharge has caused or may cause interference or
pass-through, shall install and maintain a suitable monitoring station
on their premises at their expense to facilitate the observation,
sampling and measurement of their industrial wastewater discharge.
B.
If there is more than one street lateral serving an industrial user,
the City may require the installation of a control manhole on each
lateral.
C.
The City may require that such monitoring station(s) include equipment
for the continuous measurement and recording of wastewater flow rate
and for the sampling of the wastewater. Such station(s) shall be accessible
and safely located, and the industrial user shall allow immediate
access, without prior notice, to the station by the City or its designated
representative.
A.
Sampling shall be performed so that a representative portion of the
wastewater is obtained for analysis.
B.
All measurements, tests and analyses of the characteristics of waters and wastes required in any section of this article shall be carried out in accordance with standard methods by a laboratory certified by Pennsylvania to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 380-59 if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
The City may inspect the facilities of any user to ascertain
whether the purpose of this article is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or its representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or in
the performance of any of his/her duties. The City or the approval
authority shall have the right to set up on the user's property such
devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. Where a user has security measures
in force which would require proper identification and clearance before
entry into its premises, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification,
personnel from the City, approval authority and EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
A.
Users shall provide necessary wastewater treatment as required to
comply with this article and shall achieve compliance with all federal
categorical pretreatment standards within the time limitations as
specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the City
shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the City for review and shall be acceptable
to the City before construction of the facility. The review of such
plans and operating procedures will in no way relieve the user from
the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the City under the provisions of this article.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior
to the user's initiation of the changes.
B.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
A.
Nothing in the article shall be construed as preventing any special
agreement or arrangement between the City and any user of the POTW
whereby wastewater of unusual strength or character is accepted into
the POTW and specifically treated, subject to any payments or user
charges as may be applicable. In entering into such a special agreement,
the City shall consider whether the wastewater will:
B.
No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
All users discharging or depositing raw sanitary wastes into
the public sewers shall pay a sewer rental rate as established by
Resolution No. 111 adopted by the Warren Borough Sanitary Authority
November 15, 1985, as amended by Warren City Council from time to
time.
[Amended 12-8-1997 by Ord. No. 1622]
All users discharging or depositing into the POTW industrial wastes and/or abnormal wastes as regulated under this article shall pay a sewer rental rate established by resolution of Warren City Council separate and additional to any charges made by the City under § 380-65 of this article. Costs included in this rental rate shall include, but not be limited to:
A.
Recovery of costs associated with capital improvements on those parts
of the POTW which collect, pump, treat and dispose of industrial and/or
abnormal wastewaters.
B.
Reimbursement of costs associated with the establishment and operation
of the City's industrial waste treatment program, including pretreatment.
C.
Permit application, administration and issuance.
D.
Monitoring, inspection and surveillance procedures.
E.
Program equipment, supplies and analytical costs.
F.
Implementation of accidental discharge policies and procedures.
G.
Construction inspections.
H.
Legal, technical and regulatory consulting fees associated with program
management.
I.
Other expenses incurred by the City to carry out the program to satisfy
the requirement of this article, City Council, the PADEP and the federal
government.
A.
In the event that any provision of this article is in conflict with
or appears to be in conflict with any provision of Ordinance No. 663
of October 22, 1957, as amended, the provisions of this article shall
prevail and take precedence over the conflicting provisions of said
Ordinance No. 663, as amended.[1]
B.
This article address only industrial waste and abnormal waste discharged
or deposited into the wastewater collection and treatment system of
the City of Warren and the provisions hereof shall not be incorporated
into nor affect ordinances and resolutions regarding normal domestic
(residential) wastewater.
A.
The City may suspend the wastewater treatment service after informal
notice when such action is necessary in order to stop an actual or
threatened discharge which presents or may present any imminent or
substantial endangerment to the health or welfare of persons, and
may suspend the wastewater treatment service after giving notice and
15 days to respond when such action is necessary in order to stop
or prevent any discharge to the POTW which presents or may present
an endangerment to the environment, causes interference to the POTW
or causes the City to violate any condition of its NPDES permit.
B.
Whenever the City finds that any user has violated or is violating
this article or any prohibition, limitation or requirement contained
herein, the City may serve upon such a person written notice stating
the nature of the violation. Within 30 days of the date of the notice,
a plan for the satisfactory correction thereof shall be submitted
to the City by the user.
C.
If any person discharges sewage, industrial wastes or other wastes
into the City's wastewater disposal system contrary to the provisions
of this article, federal or state pretreatment requirements or any
order of the City, the City Solicitor may commence an action for appropriate
legal, equitable and/or injunctive relief in the Court of Common Pleas
of the 37th Judicial District of Pennsylvania.
A.
Civil penalties. Any user who is found to have violated an order
of Council or who willfully or negligently failed to comply with any
provision of this article and the orders, rules and regulations shall
be fined not less than $500 nor more than $2,000 for each offense.
Each day on which a violation occurs or continues shall be deemed
a separate and distinct offense. In addition to the penalties provided
herein, the City may recover reasonable attorneys' fees, court reporters'
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this article or the orders, rules
and regulations hereunder.
B.
Falsifying information. Any person who knowingly makes any false
statements, representations, verifications or certifications in any
application, record, report, plan or other document filed or required
to be maintained pursuant to this article or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this article shall, upon conviction, be fined not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days.
