Unless the context specifically indicates otherwise, the following
terms and phrases as used in this article shall have the meanings
hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER
[Amended 9-12-2011 by Ord. No. 674]
A.
A principal executive officer of at least the level of Vice
President, if the user is a corporation;
B.
A general partner or proprietor, if the user is a partnership
or proprietorship, respectively;
C.
A director or highest official appointed or designated to oversee
operations and performance, if the user is a federal, state or local
governmental facility.
D.
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.
E.
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.
BEST MANAGEMENT PRACTICES (BMPS)
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]
BIOCHEMICAL OXYGEN DEMAND (BOD5)
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)].
BOROUGH
The Borough of Sellersville, which owns and operates the
wastewater collection for which this article governs.
[Amended 7-7-1997 by Ord. No. 604]
COMPATIBLE POLLUTANT
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.
CONTROL AUTHORITY
The PWTA Wastewater Treatment Plant Manager, since the PWTA
has an approved pretreatment program under the provisions of 40 CFR
403.11.
DEP
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.
ENFORCEMENT RESPONSE PLAN (ERP)
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.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
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.
EQUIVALENT DWELLING UNIT (EDU)
Any source of wastewater into the Borough's sewer system
which has the following typical wastewater characteristics:
A.
Flow: 275 gallons per day.
B.
Ammonia-Nitrogen, as N (NH3-N): 25 milligrams
per liter.
C.
Biochemical oxygen demand (BOD5): 250
milligrams per liter.
D.
Phosphorous, as P: 10 milligrams per liter.
E.
Total suspended solids (TSS): 250 milligrams per liter.
F.
Total Kjeldahl Nitrogen (TKN): 40 milligrams per liter.
EXISTING SOURCE
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]
GRAB SAMPLE
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.
INDIRECT DISCHARGE
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.
INDUSTRIAL USER
Any nondomestic source of indirect discharge to the Borough's
sewer system.
INTERFERENCE
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 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.
MANAGER
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.
NEW SOURCE
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under 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]
A.
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
B.
The building, structure, facility or installation totally replaced
the process or production equipment that causes the discharge of pollutants
at an existing source; or
C.
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.
NONCONTACT COOLING WATER
Water used for cooling purposes which does not come into
direct contact with any raw material, intermediate product, waste
product or finished product.
PASS-THROUGH
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).
pH
A measure of the acidity or alkalinity of a solution expressed
in standard units.
POLLUTANT
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.
PRETREATMENT or TREATMENT
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).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
including those promulgated by the EPA under the Act, and those established
by the PWTA.
PRETREATMENT STANDARDS
Any prohibited discharge standards, categorical pretreatment
standards or local limits.
SIGNIFICANT INDUSTRIAL USER
Any nondomestic user of the Borough's wastewater collection
and treatment system who:
A.
Is subject to categorical pretreatment standards.
B.
Discharges an average of 25,000 gallons per day process wastewater
to the Borough's collection and treatment system.
C.
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.
D.
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.
SIGNIFICANT NONCOMPLIANCE
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]
A.
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).
B.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
pollutant parameter during a six-month period equals or 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);
C.
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit or narrative standard) that the 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);
D.
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;
E.
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;
F.
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include violation of best
management practices, which the PWTA determines will adversely affect
the operation or implementation of the local pretreatment program.
SLUG CONTROL PLAN
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.
SLUG DISCHARGE/SLUG LOAD
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]
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
TOTAL SUSPENDED SOLIDS (TSS)
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.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
Clean Water Act or other acts promulgated by the federal or state governments.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's collection and treatment system.
WASTEWATER
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.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
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
|
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.
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.
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:
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.
H. Requirements for submission of technical reports or discharge reports (see §
121-40).
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]
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.
[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.
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.
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.