[Adopted 3-7-1994 by Ord. No. 583]
A.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the Borough of Sellersville
(Borough) wastewater collection and treatment system that will interfere
with its operation, contaminate the biosolids generated at the PWTA
wastewater treatment plant or will otherwise be incompatible with
the system.
(2)
To prevent the introduction of pollutants into the Borough's
wastewater collection and treatment system that will be inadequately
treated and thus will pass through the system into the receiving waters
or the atmosphere.
(3)
To protect the environment, the general public, the Borough and PWTA
personnel against the hazards associated with discharges of toxic
or otherwise incompatible pollutants into the sewer system.
(4)
To improve the opportunity to recycle and reclaim industrial wastewaters
and biosolids from the wastewater treatment system.
(5)
To provide for equitable distribution of the cost for the development
and implementation of the PWTA's Industrial Pretreatment Program
and other improvements to the wastewater collection and treatment
system.
(6)
To help assure the PWTA's compliance with its National Pollutant
Discharge Elimination System (NPDES) permit, biosolids use and disposal
requirements, the Clean Water Act,[1] the General Pretreatment Regulations and any other state
or federal laws which with the Borough or PWTA must comply.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B.
The provisions of this article will be implemented and enforced by
the Borough and the PWTA Manager through issuance of wastewater contribution
permits to those industrial/commercial users meeting the EPA's
definition of a significant industrial user (SIU) and through monitoring,
reporting and enforcement of this article with these significant industrial
users and all other users. This article also assumes that the capacity
of the sewer system allocated to existing customers will not be preemptied
and provides for the setting of fees for the equitable distribution
of costs resulting from development and implementation of the program
established herein.
C.
Except as otherwise provided herein, the provisions of this article
shall be administered, implemented and enforced by the PWTA Manager
and will be coordinated through the Borough.
Unless the context specifically indicates otherwise, the following
terms and phrases as used in this article shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The United States Environmental Protection Agency (EPA).
[Amended 9-12-2011 by Ord. No. 674]
A principal executive officer of at least the level of Vice
President, if the user is a corporation;
A general partner or proprietor, if the user is a partnership
or proprietorship, respectively;
A director or highest official appointed or designated to oversee
operations and performance, if the user is a federal, state or local
governmental facility.
The manager of one or more manufacturing, production or operating
facilities, provided the manager is authorized to make management
decisions which 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 control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
A duly authorized representative of the individual identified in Subsections A through D above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates and a written request for designation of an alternate representative is approved by the PWTA.
Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 121-26 of this article. BMPs also 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.
[Added 9-12-2011 by Ord. No. 674]
The quantity of oxygen consumed in the biochemical oxidation
of organic matter under the standard five-day laboratory procedure,
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
The Borough of Sellersville, which owns and operates the
wastewater collection for which this article governs.
[Amended 7-7-1997 by Ord. No. 604]
Any regulation containing pollutant discharge limitations
promulgated by the EPA in accordance with Sections 307(b) and (c)
of the Act and appearing in 40 CFR Chapter I, Subchapter N, Parts
401 through 471.
A pollutant for which the PWTA wastewater treatment plant
was specifically designed to treat and remove such as biochemical
oxygen demand (BOD5), total suspended solids
(TSS), ammonia nitrogen (NH3-N), total phosphorus
(P) and to a lesser degree oil and grease.
The PWTA Wastewater Treatment Plant Manager, since the PWTA
has an approved pretreatment program under the provisions of 40 CFR
403.11.
The Pennsylvania Department of Environmental Protection,
or where appropriate, the term may also be used as a designation for
the Administrator or other duly authorized official of said agency.
A plan developed by the Borough which details the responses
that will be taken by the PWTA for various violations of these rules
and regulations, a categorical pretreatment standard or any other
pretreatment requirement. The ERP is a supplement to this article
and is available through the Borough or PWTA manager.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Water
Management Division Director or other duly authorized official of
said agency.
Any source of wastewater into the Borough's sewer system
which has the following typical wastewater characteristics:
Flow: 275 gallons per day.
Ammonia-Nitrogen, as N (NH3-N): 25 milligrams
per liter.
Biochemical oxygen demand (BOD5): 250
milligrams per liter.
Phosphorous, as P: 10 milligrams per liter.
Total suspended solids (TSS): 250 milligrams per liter.
Total Kjeldahl Nitrogen (TKN): 40 milligrams per liter.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
standards, which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
[Amended 9-12-2011 by Ord. No. 674]
A sample that is taken from a waste stream on a one-time
basis over a period of time not to exceed 15 minutes, with no regard
to the flow in the waste stream. To fulfill the EPA's General
Pretreatment Regulations, all grab samples taken pursuant to this
article shall consist of a minimum of four samples taken individually
and flow composited in the laboratory or analyzed separately and averaged.
The discharge or the introduction of pollutants into the
collection system, including holding tank waste discharged into the
system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and
(d) of the Act.
Any nondomestic source of indirect discharge to the Borough's
sewer system.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
collection and treatment system treatment processes, operations or
its biosolids processes, use or disposal and therefore is a cause
of a violation of any requirement of the PWTA NPDES permit. The term
includes prevention of biosolids use, processing and disposal by the
receiving treatment facility in accordance with Section 405 of the
Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean
Air Act, the Toxic Substances Control Act[1] or more stringent state criteria, including those contained
in any state biosolids management plan prepared pursuant to Title
IV of SWDA and applicable to the method of disposal or use employed
by the receiving treatment facility.
The person designated by the PWTA to supervise the operation
of the treatment system and who is charged with certain duties and
responsibilities by this article or his duly authorized representative.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section provided that:
[Amended 9-12-2011 by Ord. No. 674]
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 causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Water used for cooling purposes which does not come into
direct contact with any raw material, intermediate product, waste
product or finished product.
A discharge that exits the PWTA treatment plant 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 PWTA NPDES permit
(including an increase in the magnitude or duration of a violation).
A measure of the acidity or alkalinity of a solution expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, biosolids, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into the Borough's sewer system.
The reduction of the quantity of pollutants, the elimination
of pollutants, the alteration of the nature of pollutants or the alteration
of the nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing
such pollutants into the Borough's wastewater collection and
treatment system. The reduction or alteration can be obtained by physical,
chemical or biological processes or by process changes or by other
means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
including those promulgated by the EPA under the Act, and those established
by the PWTA.
Any prohibited discharge standards, categorical pretreatment
standards or local limits.
Any nondomestic user of the Borough's wastewater collection
and treatment system who:
Is subject to categorical pretreatment standards.
Discharges an average of 25,000 gallons per day process wastewater
to the Borough's collection and treatment system.
Contributes a process waste stream that makes up 5% or more
of the average dry weather hydraulic or organic capacity of the PWTA
treatment plant.
Is designated as such by the Borough on the basis that the user
has a reasonable potential for adversely affecting the operation of
the treatment plant, the quality of the biosolids generated at the
PWTA WWTP or for violating any pretreatment standard or requirement.
A permit issued by the PWTA to an industrial/commercial user in accordance with § 121-37 of this article.
An industrial user or user is in significant noncompliance
if its violation meets one or more of the specific criteria set forth
in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user
is in significant noncompliance if its violations meets one or more
of the following criteria:
[Amended 9-12-2011 by Ord. No. 674]
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
pollutant parameter during a six-month period equals or exceeds the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) that the PWTA determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of municipal personnel or the general
public);
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment, or has resulted
in the PWTA's exercise of its emergency authority to halt or
prevent such a discharge;
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater contribution permit or
enforcement order for starting construction, completing construction,
or attaining final compliance;
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation(s), which may include violation of best
management practices, which the PWTA determines will adversely affect
the operation or implementation of the local pretreatment program.
All significant industrial users are required to submit to the PWTA a slug control plan that meets the criteria set forth in § 121-32 of this article.
Any pollutant released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) or § 121-26 of this article and/or any discharge of nonroutine nature, episodic nature, including but not limited to accidental spills or noncustomary batch discharges, which has a reasonable potential to cause interference or pass-through, or in any other way violate the PWTA's prohibited discharge standards, local limits, NPDES permit conditions or any other condition of its rules and regulations.
[Amended 9-12-2011 by Ord. No. 674]
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids and which is measured
by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
Clean Water Act[2] or other acts promulgated by the federal or state governments.
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's collection and treatment system.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, 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 collection system.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
The following abbreviations shall have the designated meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
Borough
|
Borough of Sellersville
|
|
PWTA
|
Pennridge Wastewater Treatment Authority
|
|
BOD5
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
CWA
|
Clean Water Act
|
|
DEP
|
Department of Environmental Protection
|
|
EPA
|
United States Environmental Protection Agency
|
|
mg/l
|
Milligrams per liter
|
|
NH3-N
|
Ammonia Nitrogen, as N
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
O&M
|
Operation & maintenance
|
|
SIC
|
Standard industrial classification
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
|
|
TKN
|
Total Kjeldahl Nitrogen
|
|
TSS
|
Total suspended solids
|
|
U.S.C.
|
United States Code
|
A.
No user or significant industrial user may contribute or cause to
be contributed, directly or indirectly, any pollutant or wastewater
that will cause a pass-through or interference in the Borough's
wastewater collection and treatment system, will create a hazard to
the environment, the general public, PWTA or Borough personnel or
will cause the PWTA to violate any general pretreatment regulation,
NPDES permit or biosolids requirement. These general prohibitions
apply to all such users of a wastewater collection and treatment system,
whether or not the user is subject to National Categorical Pretreatment
Standards or any other national, state or local pretreatment standards
or requirements.
B.
A user or significant industrial user may not contribute the following
substances to the wastewater collection and treatment system:
(1)
Any liquids, solids or gases that by reason of their nature or quantity
are or may be sufficient, either alone or by interaction with other
substances, to cause fire or explosion or be injurious in any other
way to the wastewater collection and treatment system or will disrupt
the operation of the wastewater collection and treatment system. At
no time shall two successive readings on an explosion hazard meter
at the point of discharge into the system (or at any point in the
system) be more than 5%, nor any single reading over 10% of the lower
explosive limit (LEL). Prohibited materials include, but are not limited
to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, hydrides, sulfides, aldehydes, peroxides, chlorates,
perchlorates, bromates and carbates and any other substance that presents
a fire hazard or other hazard to the sewer system, including any material
or waste stream exhibiting a closed-cup flashpoint of less than 140°
F. (i.e., waste streams whose vapors ignite or burn at temperatures
below 140° F.).
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities, such as but not limited to grease, garbage with
particles greater than 1/2 inch in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides, 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,
mud, glass grinding, polishing wastes, petroleum oil and nonbiodegradable
cutting oil or mineral oil products that will interfere or cause pass-through
at the PWTA treatment plant.
(3)
Any wastewater having a pH less than 5.0 or greater than 9.0 standard
units or wastewater having any other corrosive property capable of
causing damage or hazard to structures, equipment and/or personnel
of the wastewater collection and treatment system.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either alone or in conjunction with other pollutants, that will cause
a pass-through or interference in the Borough's wastewater collection
and treatment system, will create a hazard to the environment, the
general public or Sellersville personnel or will cause the PWTA to
violate any general pretreatment regulation, NPDES permit or biosolids
requirement. These general prohibitions apply to all such users of
a wastewater collection and treatment system, whether or not the user
is subject to National Categorical Pretreatment Standards or any other
national, state or local pretreatment standards or requirements. A
toxic pollutant shall include, but not be limited to, any pollutant
identified pursuant to Section 307(a) of the Act.
(5)
Any noxious or malodorous liquids, gases, vapors, solids or fumes
that, either alone or in conjunction with other wastes, are sufficient
to create a public nuisance or hazard to life, cause health and safety
problems or are sufficient to prevent entry into the sewers for maintenance
and repair.
(6)
Any substance that may cause the wastewater treatment plant effluent
or any other product of the wastewater collection and treatment system
such as residues, biosolids or scums to be unsuitable for reclamation
and reuse or which will interfere with the reclamation process. In
no case shall a substance discharged to the wastewater collection
and treatment system cause the Borough to be in noncompliance with
its biosolids use or disposal criteria, guidelines or regulations
developed under Section 405 of the Act or developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control
Act[1] or state criteria applicable to the biosolids management
method being used.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.; 42
U.S.C. § 7401 et seq.; and 15 U.S.C. § 2601 et
seq., respectively.
(7)
Any substance that will cause the PWTA to violate its NPDES permit
or the receiving stream water quality standards.
(8)
Any wastewater with objectionable color not removed in the treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature that will inhibit biological
activity in the wastewater collection and treatment system treatment
plant resulting in interference, but in no case wastewater with a
temperature at the introduction into the wastewater collection system
that will result in a wastewater treatment plant influent flow exhibiting
a temperature which exceeds 40° C. (104° F.).
(10)
Any pollutants, including oxygen-demanding pollutants (BOD,
COD, etc.), released at a flow rate and/or pollutant concentrations
that cause interference to the wastewater collection and treatment
system. In no case shall wastewater be discharged at a flow rate or
containing concentrations or quantities of pollutants that exceed
for any time period longer than 15 minutes more than five times the
average twenty-four-hour concentration, quantities or flow during
normal operation.
(11)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the PWTA Manager in compliance with applicable state or federal
regulations.
(12)
Any wastewater that causes a hazard to human life or creates
a public nuisance.
(13)
Stormwater, groundwater, roof runoff, subsurface drainage or
cooling water.
(14)
Trucked or hauled wastes except at a point of discharge indicated
by the wastewater treatment plant manager or his duly authorized agent.
(15)
Wastewater having an oil and grease concentration greater than
100 mg/l.
[Added 9-12-2011 by Ord. No. 674]
C.
When the Borough or the PWTA determines that a user or significant
industrial user is contributing to the wastewater collection and treatment
system any of the above-prohibited substances to the system, the PWTA
Manager may advise the user of the impact of such contributions on
the wastewater collection and treatment system and develop effluent
limitations and compliance schedules which the user must meet to correct
the violation.
D.
The PWTA or the Borough may take enforcement action(s) against the
noncomplying user or significant industrial user regardless of whether
the user or significant industrial user was given prior notification
of the violation by the PWTA.
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 for
sources in that subcategory, shall immediately supersede the limitations
imposed under this article. Each user or significant industrial user
shall be responsible to notify the Borough and the PWTA of changes
to his status under the federal, state or local regulations. The categorical
pretreatment standards found in 40 CFR Chapter I, Subchapter N, Part
405 through 471 are also hereby incorporated into this article.
A.
Where a categorical pretreatment standard is expressed only in terms
of the mass or the concentration of a pollutant in wastewater, the
PWTA Manager may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
B.
When process wastewater subject to a categorical pretreatment standard
is mixed with wastewater not regulated by the same standard, the PWTA
Manager shall impose an alternate limit using the combined waste stream
formula in 40 CFR 403.6(e).
C.
A user may obtain a variance from the EPA 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 his facility's
discharge are fundamentally different from the factors considered
by the EPA when developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical pretreatment
standard in accordance with 40 CFR 403.15.
Where the PWTA wastewater treatment plant achieves consistent
removal of pollutants limited by Federal Categorical Pretreatment
Standards, the PWTA may apply to the approval authority for modifications
of specific limits in the Federal Categorical Pretreatment Standards.
"Consistent removal" shall mean the reduction in the amount of a pollutant
or alteration of the nature of the pollutant by the wastewater collection
system to a less toxic or harmless state in the effluent, which is
achieved by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c)(2) of Title 40 of
the Code of Federal Regulations, Part 403, General Pretreatment Regulations
for Existing and New Sources of Pollution, promulgated pursuant to
the Act. The PWTA may then modify the pollutant discharge limits in
the federal pretreatment standards if the requirements contained in
40 CFR 403.7 are fulfilled and prior approved from the approval authority
is obtained.
[Amended 7-9-2001 by Ord. No. 622; 9-14-1998 by Ord. No. 607; 9-12-2011 by Ord. No. 674]
All wastewater entering the sanitary sewerage system shall be
pretreated to typical domestic levels unless otherwise stated in writing
by the PWTA by way of the significant industrial user permit. Typical
domestic levels and specific pollutant limitations may require periodical
change because of changing NPDES requirements, required reevaluations
of the local limits analysis, or other reasons. At times when such
change becomes necessary, modified local limits will be established
and formally adopted by the PWTA after modifications have been approved
by the approval authority (USEPA). Upon recommendation and approval
by the PWTA, industrial pretreatment discharge limitations shall be
established and revised by separate resolution of the Borough of Sellersville.
A.
Typical domestic levels for compatible pollutants shall be:
|
Parameter
|
Maximum Concentration
(mg/l)
| |
|---|---|---|
|
Biochemical oxygen demand (BOD5)
|
2501
| |
|
Total suspended solids (TSS)
|
2501
| |
|
Phosphorus (Total as P)
|
101
| |
|
Total Kjeldahl Nitrogen (TKN)
|
40 as N1
|
B.
No user shall contribute toxic pollutants to the PWTA sewer system
in excess of the local limits identified in the PWTA's most recent
United States EPA-approved local limits evaluation. The approved local
limits evaluation is available for public inspection at the offices
of PWTA, 180 Maple Avenue, Sellersville, Pennsylvania, during the
regular business hours of the PWTA. At its discretion, the PWTA may
establish alternate mass limits for specific toxic pollutants in individual
wastewater contribution permits, but only in accordance with regulatory
requirements. At no time shall the total loading allocated to the
users in their permits for a specific pollutant be greater than the
allowable wastewater treatment plant industrial loading as determined
in the PWTA's most recent United States EPA-approved local limits
evaluation. The local limits, if more stringent than the National
Categorical Standards, shall supersede the National Categorical Standards.
|
Pollutant
|
Maximum Concentration
(mg/l)
| |
|---|---|---|
|
Arsenic
|
0.04
| |
|
Cadmium
|
0.04
| |
|
Chromium (total)
|
1.4
| |
|
Chromium (hex.)
|
0.7
| |
|
Copper
|
0.75
| |
|
Lead
|
0.07
| |
|
Mercury
|
0.001
| |
|
Molybdenum
|
0.09
| |
|
Nickel
|
1.0
| |
|
Selenium
|
0.3
| |
|
Silver
|
0.1
| |
|
Zinc
|
1.5
| |
|
Cyanide (total)
|
0.34
| |
|
Phenols (total)
|
1.0
| |
|
Chloroform
|
0.2
| |
|
(Bromo-diChloromethane)
|
0.05
| |
|
(Dibromo-Chloromethane)
|
0.07
| |
|
PCBs
|
0.000002
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Users may exceed the maximum concentrations listed for these
parameters but will be surcharged according to the PWTA High-Strength
Surcharge Formula. Copies of this formula can be obtained from the
PWTA Manager.
| |
C.
The PWTA, at its sole discretion, may develop best management practices (BMPs) to comply with 40 CFR 403.5(c)(1). Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and Section 307(d) of the Clean Water Act. The PWTA, also at its sole discretion, may allow a user to implement BMPs to meet the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and § 121-26 of this article. BMPs may also be implemented in addition to an approved limit or prohibition. If BMPs are allowed, they will be implemented through user permits. Authorization of BMPs, in place of or in addition to approved limits or prohibitions, does not relieve the user of responsibility to comply with approved limits or prohibitions.
[Added 9-12-2011 by Ord. No. 674]
The PWTA reserves the right to require each Borough to establish, by ordinance, limitations or requirements at least as stringent as the PWTA for those users within their jurisdiction whose wastewater is ultimately treated by the PWTA, in order to comply with the objectives presented in § 121-23 of this article.
No user or significant industrial user shall ever increase the
use of process water or in any way attempt to dilute discharge as
a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in the Federal Categorical
Pretreatment Standards or with any other pollutant-specific limitation
developed by the Borough, the PWTA, state or federal agencies.
A.
Each user shall provide protection from slug discharge of prohibited
materials or other substances regulated by this article. To prevent
the discharge of prohibited materials, facilities shall be provided
and maintained at the user's or significant industrial user's
own cost and expense. In the case of a slug discharge which has the
potential to violate any of the specific provisions contained in 40
CFR 403.5 or to pass through or interfere with the treatment plant,
it is the responsibility of the user to immediately telephone and
notify the Borough and PWTA Manager of the incident. The notification
shall include location of discharge, type of waste, concentration
and volume and corrective actions taken to minimize and eliminate
the violation.
B.
Also, within five days following a slug discharge, the user shall
submit to the Borough and the PWTA a detailed written report that
shall contain the following information:
(1)
The cause of the noncompliance.
(2)
The approximate time that this condition occurred and whether it
has been corrected.
(3)
The steps taken by the user to reduce and minimize the impact of
the noncompliance.
(4)
The steps taken by the user to prevent a reoccurrence of the conditions
that caused or led to the accidental or slug loading.
C.
Submission of such a report shall not relieve the user or significant
industrial user of any fines, civil penalties or other liability that
may be imposed as described in this article, the PWTA enforcement
response plan or any other applicable law.
D.
In addition, the PWTA will evaluate at least once per year whether
a significant industrial user needs to develop or update a slug control
plan. Detailed slug control plans showing facilities and operating
procedures to provide slug control protection shall be submitted to
the PWTA for review and approval prior to implementation. A slug control
plan shall contain, at a minimum, the following information:
(1)
A description of discharge practices, including routine or nonroutine
batch discharges.
(2)
A description of new and spent chemical storage procedures.
(3)
Procedures for immediately notifying the PWTA Manager of any accidental
or slug discharge including personnel responsible for such notifications.
(4)
Procedures to prevent adverse impact from an accidental or slug discharge.
Such procedures shall include, but are not limited to, inspection
and maintenance of chemical storage areas, handling and transferring
of raw and finished products and chemicals, control of site runoff,
worker training, building of containment structures, available containment
equipment and contacted environmental services that assist the user
to fulfill these plans.
E.
A significant industrial user who commences contribution to the wastewater
collection and treatment system after the effective date of this article
shall not be permitted to introduce pollutants into the system until
a slug control plan has been approved by the PWTA. Review and approval
of such plans and operating procedures shall not relieve the significant
industrial user from the responsibility to modify his facility, as
necessary, to meet the requirements of this article.
F.
All users are required to notify the PWTA immediately of any changes
at their facilities affecting the potential for an accidental discharge
and/or slug discharge to the PWTA.
[Added 9-12-2011 by Ord. No. 674]
The PWTA Manager reserves the right to require any user of the
Borough's sewer system to install permanent sampling equipment
in order to determine compliance with this article. The type of sampling
equipment and installation location must be reviewed and approved
by the PWTA Manager.
A notice shall be permanently posted on the significant industrial
user's bulletin board or other prominent place advising employees
whom to call in the event of an accidental or slug discharge. Employers
shall ensure that all employees who may be involved with hazardous
materials are aware of such emergency notification procedures.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from users and significant industrial users of the Borough
and PWTA treatment systems for the implementation of the program established
herein. The applicable charges or fees shall be set forth in the PWTA
and the Borough's Schedule of Charges and Fees.[1]
[1]
Editor's Note: Said schedule of fees is on file in the
Borough offices.
B.
Charges and fees. The Borough or the PWTA may adopt charges and fees
(after a reasonable public notification period) that may include:
(1)
Fees for reimbursement of the costs of developing and implementing
the PWTA industrial pretreatment program.
(2)
Annual permit fees for recovering costs associated with monitoring,
inspection and sampling activities essential to implementation of
the PWTA industrial pretreatment program.
(3)
Fees for reviewing accidental discharge procedures and construction
plans.
(4)
Fees for review of permit applications.
(5)
Fees associated with the review of permit appeals.
(6)
Fees for consistent removal by the PWTA of pollutants otherwise subject
to Federal Categorical Pretreatment Standards.
(7)
Surcharge fees for all sewerage discharged into the sewer system which exhibit concentrations of certain compatible pollutants in excess of the limitations established in § 121-29 of this article.
(8)
Other fees the PWTA and/or the Borough may deem necessary to carry
out the requirements contained herein.
C.
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the Borough and/or
the PWTA.
A.
It shall be unlawful for any user to discharge any wastewater to
the sewer system in any area under the jurisdiction of or within the
service area of the Borough of Sellersville or the PWTA, except as
authorized, in writing, by the Borough in accordance with the provisions
of this article. The Borough or the PWTA may require any unpermitted
or permitted users of the sewer system to provide any information
needed to determine compliance with this article or other applicable
local, state or federal laws, rules or regulations. These requirements
include, but are not limited to:
(1)
Wastewater discharge peak rate and volume records over a specified
time period.
(2)
Information on raw materials, processes and products affecting wastewater
volume and quality.
(3)
Quantity and disposition of specific liquid, biosolids, oil, solvent
or other materials that may impact the operation of the PWTA sewer
system.
(4)
A plot plan of all sewer facilities on the user's property,
including the number and location of all sewer lateral connections
to the PWTA sewer system.
(5)
Details of control measures taken by the user to prevent and control
stormwater, drainage or roof runoff from entering the PWTA sewer system.
B.
In addition, all users are required to provide details of any significant
changes to the nature or quantity of their discharge, including increased
flows of 25% or more, or the promulgation of a categorical pretreatment
standard that applies to their discharge, at least 90 days prior to
commencing the changed discharge.
C.
Costs incurred for developing the information described above shall
be paid by the user and are in addition to all other sewer use, permit
and surcharge fees charged by the PWTA or Borough.
D.
The user shall be responsible for obtaining and submitting all applicable
Borough, county, regional, state, or federal permits or planning documents
required for approval of a sewer connection. It is also the responsibility
of each user to notify the Borough and the PWTA Manager of wastewater
discharges containing materials which would be considered hazardous
if disposed of in any other manner.
A.
All users proposing to or already connected into the Borough's
sewer system, which are deemed significant industrial users through
PWTA review of the waste questionnaire or permit application, must
obtain a wastewater contribution permit from the PWTA 90 days prior
to commencing discharge.
B.
In addition, whenever an existing insignificant industrial user becomes
subject to a new categorical pretreatment standard, the user must
reapply to the PWTA for a significant industrial user wastewater contribution
permit within 180 days of the promulgation of the categorical standard.
Based on the review of this data, the PWTA may reissue the wastewater
contribution permit for this significant industrial user as soon as
possible after incorporating the applicable standards.
A.
Any user required to obtain a significant industrial user permit
shall complete and file with the PWTA an application in the form prescribed
by the PWTA, accompanied by the required permit filing fee. In support
of the application, the significant industrial user shall submit in
units and terms appropriate for evaluation all items required in 40
CFR 403.12(b), including the following information:
(1)
The name, address and location of the facility (if it is different
from the address).
(2)
The SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget 1972, as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those parameters listed in §§ 121-26 through 121-34, as determined by an approved analytical laboratory. This sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.
(4)
The time and duration of wastewater contribution.
(5)
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variation, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation.
(7)
A description of activities, facilities and production processes
on the premises, including all materials that have a potential for
entering the sewer system either accidentally or by purpose.
(8)
The nature and concentration of any pollutants in the discharge which
are limited by any Borough, township, state or federal categorical
pretreatment standards; and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance (O&M), source
reduction efforts and/or additional pretreatment is required for the
significant industrial user to meet applicable pretreatment standards.
(9)
If additional pretreatment and/or O&M will be required to meet
the pretreatment standards, the schedule by which the significant
industrial user will provide such additional pretreatment. For significant
industrial users subject to Federal Categorical Pretreatment Standards,
the completion date in this schedule can be no later than the compliance
date established by the EPA for the applicable pretreatment standard.
The following shall also apply to this schedule:
(a)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment facilities
required for the significant industrial user to meet the applicable
pretreatment standards. This may include dates for installing a sampling
manhole, hiring an engineer, completing preliminary plans, completing
final plans, executing a contract for major components, commencing
construction, completing construction, etc.
(c)
No later than 14 days following each date in the schedule and
the final date for compliance, the significant user shall submit a
progress report to the PWTA, including, as a minimum, whether or not
he has complied with the increment of progress to be met on such date
and, if not, the date on which he expects to comply with this increment
of progress, the reason for delay and the steps he is taking to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the PWTA.
(d)
Each product produced by type, amount, process or processes
and rate of production.
(e)
The type and amount of raw materials processed (average and
maximum per day).
(f)
The number and type of employees, the hours of plant operation
and the proposed or actual hours of pretreatment system operation.
(g)
Any other information as may be deemed by the PWTA as necessary
to aid in evaluating the permit application.
(10)
A list of any environmental control permits held by or for the
facility.
B.
The PWTA will evaluate the data furnished by the significant industrial
user and will notify the user of any additional information necessary
to complete the application review process. After evaluation and acceptance
of the data supplied, the PWTA may approve the issuance of a significant
industrial user permit subject to terms and conditions provided herein.
Significant industrial user permits shall be expressly subject
to all provisions of this article and all other applicable regulations,
user charges and fees established by the Borough or the PWTA by way
of separate ordinances. The permit may contain, but is not limited
to, the following requirements:
A.
A statement of duration.
B.
A statement on nontransferability.
C.
All applicable pretreatment standards for the discharge of pollutants.
D.
Limits on average and maximum flow rate and time of discharge or
requirements for flow regulations and equalization.
E.
Requirements for installation and maintenance of inspection and sampling
facilities.
F.
Specifications for monitoring programs that may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
G.
A schedule for achieving compliance with this article or any other
pretreatment requirement.
I.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the PWTA and allowing the
PWTA access thereto.
J.
Requirements for ninety-day prior notification of the PWTA and Borough
of the introduction of any new wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater collection system.
K.
Requirements for (a) immediate notification of slug discharges to the PWTA in accordance with § 121-26 of this article, (b) immediate notification of any changes by the user at their facility affecting the potential for an accidental discharge and/or slug discharge to the PWTA and/or (c) development and implementation of slug control measures.
[Amended 9-12-2011 by Ord. No. 674]
L.
The specification of type and amount of raw materials and finished
products processed (average and maximum per day).
M.
A statement of all applicable civil or criminal penalties for noncompliance.
N.
Other conditions as deemed necessary by the Borough or the PWTA to
ensure compliance with this article.
O.
Requirements for development and implementation of best management
practices (BMPs) and recordkeeping and reporting for BMPs.
[Added 9-12-2011 by Ord. No. 674]
A.
Compliance data report. 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 sewer system, any significant industrial user subject to
Federal Categorical Pretreatment Standards shall submit to the PWTA
a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process that are limited by pretreatment
standards or requirements. The report shall state whether the applicable
pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional O&M and/or pretreatment is
necessary to bring the significant industrial user into compliance
with the applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the significant
industrial user and certified by a qualified professional engineer.
B.
Periodic compliance reports.
(1)
Every significant industrial user shall have his wastewater sampled
and analyzed at a frequency specified in the wastewater contribution
permit, but in no case less than two times per year. The frequency
and number of pollutants analyzed for will be specific for each industry.
The sampling must be representative of the user's typical discharge
during that reporting period. The PWTA may at any time require the
significant industrial user to perform additional sampling if it believes
the conditions of this article are not being met. The significant
industrial user must submit to the PWTA during the months of June
and December, unless required more frequently by the PWTA, an update
report indicating any process, production or flow rate changes that
have occurred during the previous six-month period and all sampling
requirements specified above. This report will also include a record
of all daily flow that, during the reporting period, exceeded the
average daily flow allowed in the contract. At the discretion of the
PWTA and in consideration of such factors as local high or low flow
rates, holiday, budget cycles, etc., the PWTA may agree to alter the
months during which the above reports are to be submitted.
(2)
The PWTA may impose mass limitations on significant industrial users that combine nonregulated waste streams with categorical process waste streams prior to the sampling point or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein that are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other EPA-approved test procedures. Sampling shall be performed in accordance with approved techniques.
(3)
When the results of this sampling indicate noncompliance with any
requirement of this article, the user must notify the PWTA Manager
within 24 hours after becoming aware of the violation(s). The user
must also resample their discharge and submit these results to the
PWTA within 30 days. Additionally, all wastewater discharge sampling
results obtained by the user, whether or not required specifically
by their wastewater contribution permit, must be submitted to the
PWTA.
(4)
All measurements, tests and analyses required for determining the
characteristics of waters and wastewaters to which reference is made
in this article shall be performed in accordance with 40 CFR 136.
Sampling methods, location, times, durations and frequencies are to
be determined on an individual basis and will be specified in the
individual wastewater contribution permits issued to the significant
industrial users. If the PWTA performs the required monitoring of
the user's wastewater discharge, the PWTA will either perform
any required repeat sampling and analysis within 30 days of becoming
aware of a violation or direct the user to perform any required repeat
sampling and analysis within 30 days of becoming aware of a violation.
[Amended 9-12-2011 by Ord. No. 674]
C.
BMP compliance information. If a user must implement a BMP to comply
with federal pretreatment standards or requirements, the PWTA's
prohibited discharge standards, local limits, or any other condition
of this article, the user shall submit any and all documentation required
by the PWTA or the pretreatment standard at the frequency specified
by the PWTA or pretreatment standard to evaluate compliance. The user
must include information on compliance with any applicable BMPs in
baseline monitoring reports, ninety-day compliance reports and periodic
compliance reports. The PWTA may also require any user to submit additional
BMP-related information or data at any frequency it deems necessary
to determine compliance with federal pretreatment standards or requirements
or the Authority's rules and regulations.
[Added 9-12-2011 by Ord. No. 674]
Permits shall be issued by the PWTA for a special time period, not to exceed five years. Each significant industrial user shall apply for a reissuance of his wastewater contribution permit a minimum of 180 days prior to the expiration of his existing permit. The terms and conditions of the permit may be subject to modification by the PWTA during the term of the permit, as limitations or requirements as identified in §§ 121-26 through 121-34 are modified or other just cause exists. A significant industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Where necessary, a schedule for complying with these changes or new conditions may also be issued by the PWTA.
Upon the promulgation of a categorical pretreatment standard,
a significant industrial user subject to such standards shall have
his wastewater contribution permit revised to require compliance with
such standards.
Wastewater contribution permits are issued to a specific significant
industrial user for a specific operation. These permits shall not
be reassigned, transferred or sold to a new owner, used for different
premises or used for a new or changed operation.
All reports, applications or other information required to be
submitted under this article shall be signed by an authorized representative
of the user and shall contain the following certification:
I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to ensure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of civil and criminal penalties.
[Amended 9-12-2011 by Ord. No. 674]
The PWTA Manager or his duly authorized representative shall
inspect the facilities of any user to ascertain whether the purpose
of this article is being met and all compliance with requirements
is being met. Persons or occupants of premises connected to the PWTA's
wastewater collection and treatment system shall allow the PWTA Manager
or his representative ready access at all times to all parts of the
premises for the purposes of inspection, sampling, records examination
and/or copying of the same or in the performance of any of his duties.
The PWTA has the right to set upon a 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 that require proper identification and clearance before entry
into his premises, the user shall make necessary arrangements with
any security guards so that, upon presentation of suitable identification,
personnel from the PWTA will be permitted to enter without delay for
the purposes of performing their specific responsibilities.
Users and significant industrial users shall provide necessary
wastewater treatment as required to comply with this article and any
applicable Federal Categorical Pretreatment Standards within the time
limitations as specified by the PWTA or in the federal pretreatment
regulations. Any equipment or facilities required by the user to pretreat
wastewater to a level acceptable to the PWTA shall be provided, operated
and maintained at the user's expense. The PWTA may require that
detailed plans showing the pretreatment facilities and operating procedures
to be submitted for review and be deemed acceptable to the PWTA before
construction of the facility. The review of such plans and operating
procedures will in no way relieve a user from the responsibility of
modifying his facility as necessary to produce an effluent acceptable
to the PWTA under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation or any change
that may result in a new or increased discharge of pollutants shall
be reported to and be accepted by the PWTA prior to the initiation
of the changes.
[Amended 9-12-2011 by Ord. No. 674]
A.
Users subject to the reporting requirements of this article shall
maintain, and make available for inspection and copying by the PWTA,
all records of information obtained pursuant to any monitoring activities
required by this article, any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements and records associated with implementation of
BMPs. 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 and any
other information or data deemed necessary by the PWTA. These records
shall remain available for a period of at least three years. This
period shall be automatically extended for the duration of any litigation
concerning the user or the PWTA, or where the user has been specifically
notified of a longer retention period by the PWTA.
B.
All records relating to compliance with pretreatment standards shall
be made available to the Township, the PWTA, the DEP or EPA upon request.
A.
Information and data on a user or significant industrial user obtained
from reports, questionnaires, permit applications, permits, monitoring
programs and inspections shall be made available to the public or
governmental agencies without restriction unless the user or significant
industrial user specifically requests and is able to demonstrate to
the satisfaction of the PWTA that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user or significant industrial
user.
B.
When requested by the person furnishing a report, those portions
of a report that might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available, upon written request, to governmental agencies
for uses related to this article, the NPDES permit, biosolids disposal/reuse
forms and/or the general pretreatment regulations. Any such portions
of a report shall be available for use by any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
C.
Information accepted by the PWTA as confidential shall not be transmitted
to the general public by the PWTA until after a ten-day notification
is given to the user or significant industrial user.
[Amended 10-12-2015 by Ord. No. 703]
Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or user or significant industrial user permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be punished as provided by law and shall be subject to the fines set forth in § 121-57.
Whenever the Borough or the PWTA finds that any user has violated
or is violating this article, his wastewater contribution permit or
the General Pretreatment Regulations, the Borough or the PWTA shall
serve upon the user a written notice of violation (NOV). Within 15
days of the certified receipt of the NOV, the user must submit to
the PWTA and the Borough a written response that contains the following
information:
A.
The cause of noncompliance.
B.
The anticipated duration of the noncompliance and the time by which
the violation will be corrected.
C.
Steps taken by the user to reduce and eliminate the noncomplying
discharge.
D.
Steps taken by the user to prevent reoccurrence of the condition(s)
leading to the noncompliance.
E.
The signature of an authorized representative of the user that certifies
to the validity of the report.
When a response given by the user to a previous NOV is inadequate
or when a violation results in conditions that could cause the PWTA
to violate its NPDES permit or biosolids quality requirements or results
in a hazardous situation within the PWTA sewer system, the PWTA will
notify a user, by certified mail, of the requirement that the user
attend a show-cause hearing. A show-cause hearing is an official meeting
between the PWTA and a user to resolve conditions of continued violations.
The hearing may result in the PWTA issuing an administrative order
to the user or, if conditions warrant, civil penalties or injunctive
relief.
An administrative order is an official enforcement document
that directs a user or significant industrial user to undertake or
to cease specific activities and that carries specific legal actions
to be enforced when addressing continued noncompliance. The order
may contain a compliance schedule specifying the time frame by which
the user must perform certain activities that will ultimately result
in compliance with all requirements contained in the order. The order
may also contain the requirement that the user pay civil penalties
of up to $25,000 per day per violation.
[Amended 9-12-2011 by Ord. No. 674]
The PWTA shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the PWTA, a list of the users which, during the previous 12 months, were in significant noncompliance (as defined in § 121-24 of this article) with applicable pretreatment standards and requirements.
A.
The Borough or the PWTA may suspend the wastewater treatment service
and/or wastewater contribution permit when such suspension is necessary,
in the opinion of the Borough or the PWTA, 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 and/or
the environment, which causes or threatens to cause interference to
the POTW or which causes or threatens to cause the PWTA to violate
any condition of its NPDES permit.
B.
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 Borough or the
PWTA 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 Borough or
the PWTA may reinstate the wastewater contribution permit and/or the
wastewater treatment service upon proof of the elimination of the
noncomplying discharge. A detailed written statement describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted by the user to the Borough
and the PWTA within 15 days of the date of occurrence.
Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of §§ 121-50 through 121-56 of this article:
A.
Failure of the user to factually report the wastewater constituents
and characteristics of his discharge.
B.
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
D.
Violation of conditions of the permit.
A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit, may appeal the decision, in writing, to the Borough and the PWTA Manager with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under § 121-51.
A.
Notice of hearing. Thereafter, upon notice, in writing, given to
the permit holder or any agent or officer thereof at least five days
prior to the time fixed, the Borough and PWTA personnel shall convene
and conduct a hearing on the propriety or lack thereof of the notice
of suspension or revocation. The cost of the stenographic transcript
of such a proceeding shall be borne by the appellant, who shall pay
a filing fee of at least $300.
B.
Method of decision. The findings and determinations of the Borough
and the PWTA shall be in writing and shall be mailed to the user's
authorized representative within 48 hours of the hearing, with a certified
copy thereof to be filed with the PWTA Manager who originally served
the notice of suspension or revocation. The determination shall be
binding both upon the PWTA and all parties in interest.
C.
Action following appeal decision. If the decision of the PWTA sustains
the notice of suspension or revocation of the permit, the user shall
be given 10 days' notice of the new date of suspension or revocation
by the PWTA.
A.
In addition to the other enforcement actions described within the
PWTA Enforcement Response Plan (ERP), the PWTA may also seek civil
penalties and/or injunctive relief against any user who falls to comply
with the requirements of this article or his wastewater contribution
permit.
B.
Civil penalties vary from $500 up to $25,000 per day per violation
depending on the severity of the violation and other factors. In civil
penalty assessment, the PWTA will consider all of the following factors:
(1)
Damage to the PWTA treatment plant or collection system, the environment
or collection system personnel resulting from the violation.
(2)
The user's history of past violations.
(3)
The level of cooperation obtained from the user.
(4)
The economic benefit gained by the users as a result of the noncompliance.
(5)
Other relevant factors.
C.
The general civil assessment policy of the PWTA is given in Table
1 of the PWTA Enforcement Response Plan. All fines were developed
in accordance with the Publicly Owned Treatment Works Penalty Law
(Pennsylvania Act 9)[1] and will be assessed on a per-day, per-violation basis.
The PWTA has the right to increase, reduce or waive the fines in certain
circumstances.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
D.
All civil penalties collected pursuant to the PWTA Civil Penalty
Assessment Policy will be placed in a restricted account and shall
only be used by the PWTA for the repair of damage and any additional
maintenance or other costs resulting from the violation(s) on which
the penalty was imposed, to pay any penalties imposed on the PWTA
by a state or federal agency as a result of violating any pretreatment
standards, for the costs incurred by the PWTA to investigate and initiate
enforcement actions against the noncomplying discharge (including
legal and engineering fees), for additional monitoring costs associated
with the noncomplying user and for capital improvements to the treatment
plant or collection system required by the pretreatment program. Any
remaining funds may be used for capital improvements to the treatment
plant or collections system not required by the industrial pretreatment
program.
E.
The PWTA ability to seek civil penalties against noncomplying users
shall apply to all users of the PWTA wastewater collection and treatment
system regardless of political boundary. The civil penalties may be
sought in the Court of Common Pleas where the PWTA treatment plant
is located, where the activity took place, where the condition exists
or the public was affected, and, to that end, a jurisdiction is hereby
conferred in law and equity upon such Courts.
A.
The PWTA shall be able to seek injunctive relief for noncompliance
by users with pretreatment standards or requirements or related provisions.
Injunctive relief is available for violations of pretreatment standards
or requirements, any requirement stated in this article or user permits,
including, but not limited to:
[Amended 9-12-2011 by Ord. No. 674]
(1)
A discharge from a user presents an imminent or substantial danger
to the environment.
(2)
A discharge from a user causes the PWTA to violate any condition
of its NPDES permit, biosolids application standards, or other state
or federal requirement.
(3)
A discharge from a user presents an imminent or substantial danger
to the PWTA treatment plant, the collection system or the general
public.
(4)
The user has shown a lack of ability or intention to comply with
a pretreatment standard.
B.
Injunctive relief may also be issued against a noncomplying user if the Court determines that other enforcement actions available to the PWTA would not be adequate to affect prompt correction of the condition or violation. In addition to injunctive relief, the PWTA may also be granted civil penalties according to § 121-26 of this article.
C.
The PWTA ability to seek injunctive relief against a noncomplying
user shall apply to all users regardless of political boundary. The
injunctive relief may be sought in the Court of Common Pleas where
the PWTA treatment plant is located, where the activity took place,
where the condition exists or the public was affected, and, to that
end, a jurisdiction is hereby conferred in law and equity upon such
Courts.
The user charged with any penalty previously described shall
have 30 days to pay the proposed penalty in full, or, if the user
wishes to contest either the amount of the penalty or the fact of
the violation, the user must file an appeal of the action pursuant
to the municipal law or home rule charter or, in the absence of these,
within 30 days pursuant to 2 Pa.C.S.A.
[Added 9-12-2011 by Ord. No. 674]
Wastewater samples collected to comply with any provision of
this article shall meet the following requirements:
A.
Samples shall be collected using twenty-four-hour flow proportional
composite collection techniques. In the event that flow proportional
composite sampling is not warranted in the opinion of the PWTA, the
PWTA may authorize the use of time-proportional composite sampling
or grab sampling. Where time-proportional composite sampling or grab
sampling are authorized by the PWTA, the samples must be representative
of the discharge and the PWTA will solely determine the number of
grab samples required.
B.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using standard grab
collection techniques.
C.
The PWTA may allow multiple grab samples collected during a twenty-four-hour
time period for certain parameters to be composited in the field or
in the laboratory prior to analysis if proper protocols specified
in 40 CFR 136 and appropriate EPA guidance documents are followed.
For cyanide, total phenols and sulfides, the samples may be composited
in the laboratory or in the field. For volatile organics and oil and
grease the samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing procedures
as documented in approved EPA methodologies may be authorized by the
PWTA, as appropriate.
D.
Sampling techniques prescribed in 40 CFR 136, as amended, shall be
followed.
E.
The PWTA shall be notified a minimum of 48 hours prior to the collection
of a sample(s) by a user and may observe the collection of any sample.
F.
If a user does not follow proper sample collection protocols and/or
techniques, all samples collected inappropriately shall be discarded
and re-collected at the sole expense of the user.
G.
Sampling facilities shall be properly operated, kept clean, and maintained
in good working order at all times. The failure of a user to keep
its sampling location or facility in good working order shall not
be grounds for the user to claim that sample results are unrepresentative
of its discharge.
H.
All sampling locations utilized to meet the discharge monitoring
provisions of this article shall be approved by the PWTA.
I.
All samples collected to meet the provisions of the federal pretreatment
regulations or this article shall be representative of the user's
wastewater discharge.
[Added 9-12-2011 by Ord. No. 674]
Wastewater pollutant analyses completed to comply with any provision
of this article shall meet the following requirements:
A.
All pollutant analyses shall be performed in accordance with the
techniques prescribed in 40 CFR 136, unless otherwise specified in
an applicable categorical standard. If 40 CFR 136 does not contain
analytical techniques for the pollutant in question, analyses must
be performed in accordance with procedures approved by the Administrator.
B.
The user shall provide the PWTA with the name, address and telephone
number of any contract laboratory intended to be utilized for pollutant
analyses at least 48 hours prior to the collection of any samples.
The PWTA may recommend the use of an alternate contract laboratory.
C.
Copies of laboratory analysis results shall be forwarded to the user
and the PWTA simultaneously.
D.
Laboratory analysis results obtained by a user following improper
protocols or deemed technically deficient by the PWTA shall be discarded
and samples shall be reanalyzed at the sole expense of the user.
