City of Washington, PA Article III Pretreatment Standards and Regulations for Users of Washington-East Washington Joint Authority Municipal Wastewater Disposal System

[Adopted 3-9-1995 by Ord. No. 1495 (Ch. 18, Part 3, of the 1986 Code of Ordinances)]

§ 271-16 General provisions.

A. Purpose and policy.

(1) This article sets forth uniform requirements for users of the publicly owned treatment works owned by the Washington-East Washington Joint Authority (hereinafter the "Authority") and enables the Authority, in corporation with the City of Washington, to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the general pretreatment regulations (40 CFR Part 403). This article is intended to replace the existing pretreatment ordinance, Ordinance No. 1346, adopted on February 14, 1985. The objectives of this article are:

(a) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation.

(b) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters or otherwise be incompatible with the publicly owned treatment works.

(c) To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public.

(d) To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works.

(e) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the publicly treatment works.

(f) To enable the Authority to comply with its National Pollution Discharge Elimination System permit conditions, sludge use and disposal requirements and any other federal or state laws to which the publicly owned treatment works is subject.

(2) This article shall apply to all users of the publicly owned treatment works. This article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

B. Administration. Except as otherwise provided herein, the Manager of the Authority shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the Manager may be delegated by the Manager to other City or Authority personnel.

C. Abbreviations. The following abbreviations, when used in this article, shall have the designated meanings:

(1) BOD — biochemical oxygen demand.

(2) CFR — Code of Federal Regulations.

(3) COD — chemical oxygen demand.

(4) EPA — U.S. Environmental Protection Agency.

(5) gpd — gallons per day.

(6) mg/l — milligrams per liter.

(7) NPDES — National Pollutant Discharge Elimination System.

(8) POTW — publicly owned treatment works.

(9) RCRA — Resource Conservation and Recovery Act.

(10) SIC — standard industrial classification.

(11) TSS — total suspended solids.

(12) U.S.C. — United States Code.

D. Definitions. Unless a provisions explicitly states 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.

APPROVAL AUTHORITY

The regional administrator of the Environmental Protection Agency.

AUTHORITY

The Washington-East Washington Joint Authority, an authority created under the Municipal Authorities Act of 1945,[1] which has authority over indirect discharges to and discharges from its publicly owned treatment works.

AUTHORIZED REPRESENTATIVE OF THE USER

(1) If the user is a corporation:

(a) The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation.

(b) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the user is a partnership or sole proprietorship, general partner or proprietor, respectively.

(3) If the user is a federal, state or local government facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.

(4) The individuals described in subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Authority.

BIOCHEMICAL OXYGEN DEMAND or BOD

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20˚ C., usually expressed as a concentration (e.g., mg/l).

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR, Chapter I, subchapter N, Parts 405-471.

CITY

City of Washington, Pennsylvania, or the City Council of Washington, Pennsylvania.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

GRAB SAMPLE

A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.

INDUSTRIAL USER

An establishment which discharges or introduces industrial waste into a publicly owned treatment works.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the Authority's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder or any more stringent state or local regulations: § 405 of the Act, the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA), any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.

MANAGER

The person designated by the Authority to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this article, or a duly authorized representative.

MEDICAL WASTES

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

NEW SOURCE

(1) 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 § 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:

(a) The building, structure, facility or installation is constructed at a site at which no other source is located.

(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.

(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.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection D(1)(b) or (c) above, but otherwise alters, replaces or adds to existing process or production equipment.

(3) Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(a) Begun or caused to begin, as part of a continuous on-site construction program:

[1] Any replacement, assembly or installation of facilities or equipment; or

[2] Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the Authority's NPDES permit, including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.

pH

A measure of the acidity or alkalinity of a solution expressed in standard units.

POLLUTANT

Dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS turbidity, color, BOD, COD, toxicity or odor).

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on a user other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS

Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 271-17A of this article.

PUBLICLY OWNED TREATMENT WORKS or POTW

A publicly owned treatment works as defined by § 212 of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.) which is owned by a state, municipality or authority, as defined by § 502(4) of the Federal Water Pollution Control Act. The term includes devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to the POTW plant. The term also means:

(1) A municipality, as defined in § 502(4) of the Federal Water Pollution Control Act, which has jurisdiction over indirect discharges to and discharges from this type of treatment works.

(2) An authority created under the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945," which has jurisdiction over indirect discharges to and discharges from this type of treatment works.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dish-washing operations, etc.).

SIGNIFICANT INDUSTRIAL USER

(1) A user subject to categorical pretreatment standards.

(2) A user that:

(a) Discharges an average of 25,000 gallons per day or more of process wastewaster to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater).

(b) Contributes a process waste stream which makes up to 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.

(c) Is designated as such by the Authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3) Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Authority may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

SLUG LOAD or SLUG

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 271-17A of this article.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquid and which is removable by laboratory filtering.

USER

A source of indirect discharge.

WASTEWATER

Liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designated to provide treatment of municipal sewage and industrial waste.

[1] Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.

§ 271-17 General sewer use requirements.

[Amended 11-19-1998 by Ord. No. 1601]

A. Prohibited discharge standards.

(1) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

(2) Specific prohibitions.

(a) No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

[1] Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-up flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.

[2] Wastewater having a pH less than five or otherwise causing corrosive structural damage to the POTW or equipment.

[3] Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than 1/2 inch in any dimension.

[4] Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

[5] Wastewater having a temperature greater than 104° F. (40° C.) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.).

[6] Petroleum oil, nonbiogradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.

[7] Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

[8] Trucked or hauled pollutants, except at discharge points designated by the Manager in accordance with § 271-18D of this article.

[9] Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair.

[10] Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the Authority's NPDES permit.

[11] Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.

[12] Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the Manager.

[13] Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of this Act, any criteria or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

[14] Medical wastes, except as specifically authorized by the Manager in a wastewater discharge permit.

[15] Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

[16] Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW.

[17] Fats, oils or greases of animal or vegetable origin in concentrations greater than 150 milligrams per liter.

[18] Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW or at any point in the POTW of more than 10% or any single reading over 10% of the lower explosive limit of the meter.

(b) Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

B. National categorical pretreatment standards. The categorical pretreatment standards found at 40 CFR, Chapter 1, subchapter N, Parts 405-471, are hereby incorporated by reference as if fully set forth herein.

(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Manager shall impose an alternate limit using the combined waste-stream formula in 40 CFR 403(6)(e).

(3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to the discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.

(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

C. Local limits. Local limits shall be established by the Washington-East Washington Joint Authority through resolution. No person shall discharge wastewater containing in excess of the discharge limits as established by the Washington-East Washington Joint Authority resolution. These limits may be issued on uniform concentration basis, through selected allocations for specific industrial users, or any combination thereof. The local limits shall apply at the point where the wastewater is discharged to the POTW. The Washington-East Washington Joint Authority may impose mass limitations in addition to, or in place of, the concentration-based limits. Exceeding local limits shall be considered a violation of this article.

D. City's and Authority's right of revision. The Authority reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

E. Dilution. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

§ 271-18 Pretreatment of wastewater.

A. Pretreatment facilities. A user shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 271-17A of this article within the time limitations specified by EPA, the state or the Manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Manager for review and shall be acceptable to the Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Authority under the provisions of this article.

B. Additional pretreatment measures.

(1) Whenever deemed necessary, the Manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.

(2) The Manager may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(3) Grease, oil and sand interceptors shall be provided when, in the opinion of the Manager, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Manager and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at his expense.

(4) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

C. Accidental discharge/slug control plans.

(1) Each significant industrial user shall submit to the Authority for approval an accidental discharge/slug control plan. Each significant industrial user shall provide and maintain facilities and operating procedures to prevent accidental discharge of prohibited materials, which shall be provided and maintained at the user's cost and expense. Such accidental discharge/slug control plan shall address, at a minimum, the following:

(a) Description of discharge practices, including nonroutine batch discharges.

(b) Description of stored chemicals.

(c) Procedures for immediately notifying the Manager of any accidental or slug discharge, as required by § 271-21F of this article.

(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant-site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(2) No significant industrial user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures and slug control plan have been approved by the Authority.

D. Hauled wastewater.

(1) Septic tank waste may be introduced into the POTW only at locations designated by the Manager and at such times as are established by the Manager. Such waste shall not violate § 271-17 of this article or any other requirements established by the Authority. The Authority may require septic tank waste haulers to obtain wastewater discharge permits.

(2) The Manager shall require haulers of industrial waste to obtain wastewater discharge permits. The Manager may require generators of hauled industrial waste to obtain wastewater discharge permits. The Manager also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article.

(3) Industrial waste haulers may discharge loads only at locations designated by the Manager. No load may be discharged without prior consent of the Manager. The Manager may collect samples of each hauled load to ensure compliance with applicable standards. The Manager may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(4) Industrial waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

§ 271-19 Wastewater discharge permit application.

A. Wastewater analysis. When requested by the Manager, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Manager is authorized to prepare a form for this purpose and may periodically require users to update this information.

B. Wastewater discharge permit.

(1) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Manager.

(2) The Manager may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

(3) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subject the wastewater discharge permittee to the sanctions set out in §§ 271-25 through 271-27 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

C. Wastewater discharge permitting; existing permit holder. All significant industrial users presently holding valid wastewater discharge permits issued by the Authority shall be permitted to continue to discharge wastewater into the POTW in accord with existing permit requirements for up to 150 days. However, all such users shall, within 30 days of the effective date of this article, apply for reissuance of their current permit by submitting an application in accord with § 271-19E of this article. Said application shall be approved or denied by the Authority within 90 days of said application date; provided, however, that, should the Manager fail to take any action during said ninety-day period, the user shall be permitted to discharge wastewater in accord with existing permit requirements. The terms and conditions of any existing permit are subject to modification at the time of reissuance as long as the user is informed of any proposed changes in permit requirements at least 30 days prior to the effective date of the change. Any changes or new conditions may include a reasonable time schedule for compliance.

D. Wastewater discharge permitting; new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for such wastewater discharge permit, in accordance with § 271-19E of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

E. Wastewater discharge permit application contents.

(1) All users required to obtain a wastewater discharge permit must submit a permit application. The Manager may require all users to submit as part of an application the following information:

(a) All information required by § 271-21A(2) of this article.

(b) Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW.

(c) Number and type of employees, hours of operation and proposed or actual hours of operation.

(d) Each product produced, by type, amount, process or processes, and rate of production.

(e) Type and amount of raw materials processed (average and maximum per day).

(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, flood drains and appurtenances by size, location and elevation, and all points of discharge.

(g) Time and duration of discharges.

(h) Any other information as may be deemed necessary by the Manager to evaluate the wastewater discharge permit application.

(2) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

F. Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement.

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

G. Wastewater discharge permit decisions. The Manager will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete wastewater discharge permit application, the Manager will determine whether or not to issue a wastewater discharge permit. The Manager may deny any application for a wastewater discharge permit.

§ 271-20 Wastewater discharge permit issuance process.

A. Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Manager. Each wastewater discharge permit will indicate a specific date upon which it will expire.

B. Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Manager to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(1) Wastewater discharge permits must contain:

(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.

(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the Manager in accordance with § 271-20E of this article and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

(c) Effluent limits based on applicable pretreatment standards.

(d) Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type, based on federal, state and local law.

(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

(2) Wastewater discharge permits may contain, but need not be limited to, the following conditions:

(a) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.

(b) Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works.

(c) Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges.

(d) Development and implementation of waste-minimization plans to reduce the amount of pollutants discharged to the POTW.

(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.

(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment.

(g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

(h) Other conditions as deemed appropriate by the Manager to ensure compliance with this article and state and federal laws, rules and regulations.

C. Wastewater discharge permit appeals. The Manager shall provide public notice of the issuance of a wastewater discharge permit. Any significant industrial user aggrieved by the issuance of its wastewater discharge permit may seek judicial review of any term or condition by filing a complaint with the Court of Common Pleas of Washington County within 30 days in accordance with the provisions and procedures of the Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq. .

D. Wastewater discharge permit modification. The Manager may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1) To incorporate any new or revised federal, state or local pretreatment standards or requirements.

(2) To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.

(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

(4) Information indicating that the permitted discharge poses a threat to the Authority's POTW, Authority personnel or the receiving waters.

(5) Violation of any terms or conditions of the wastewater discharge permit.

(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

(8) To correct typographical or other errors in the wastewater discharge permit.

(9) To reflect a transfer of the facility ownership or operation to a new owner or operator, However, modification for this purpose may not be allowed unless the permit is transferable as provided in Subsection E.

E. Wastewater discharge permit transfer.

(1) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the Manager and the Manager approves the wastewater discharge permit transfer. The notice to the Manager must include a written certification by the new owner or operator, which:

(a) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.

(b) Identifies the specific date on which the transfer is to occur.

(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

F. Wastewater discharge permit revocation.

(1) The Manager may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a) Failure to notify the Manager of significant changed conditions to the changed discharged.

(b) Failure to provide prior notification to the Manager of changed conditions pursuant to § 271-21E of this article.

(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

(d) Falsifying self-monitoring reports or tampering with monitoring equipment.

(e) Refusing to allow the Manager timely access to the facility premises and records.

(f) Failure to meet effluent limitations or compliance schedules.

(g) Failure to pay fines or sewer charges.

(h) Failure to complete a wastewater survey or the wastewater discharge permit application.

(i) Failure to provide advance notice of the transfer of business ownership of a permitted facility.

(j) Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this article.

(2) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

§ 271-21 Reporting requirements.

A. Baseline monitoring reports.

(1) Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Manager a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an application standard shall submit to the Manager a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(2) Users described above shall submit the information as set forth below:

(a) Identifying information. The name and address of the facility, including the name of the operator and owner.

(b) Environmental permits. A list of any environmental control permits held by or for the facility.

(c) Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(d) Flow measurement. Information showing the measured average daily and maximum daily flow in gallons per day to the POTW from regulated process streams and other streams, as necessary to allow use of the combined-waste-stream formula set out in 40 CFR 403.6(e).

(e) Measurement of pollutants.

[1] The categorical pretreatment standards applicable to each regulated process.

[2] The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Manager, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 271-21J of this article.

[3] Sampling must be performed in accordance with procedures set out in § 271-21K of this article.

(f) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 271-21B of this article.

(h) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 271-19F of this article.

B. Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection A(2)(g) of this section:

(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the use to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation).

(2) No increment referred to above shall exceed nine months.

(3) The user shall submit a progress report to the Manager no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule.

(4) In no event shall more than nine months elapse between such progress reports to the Manager.

C. Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Manager a report containing the information described in § 271-21A(2)(d) through (f) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measures of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 271-19F of this article.

D. Periodic compliance reports.

(1) All significant industrial users shall, at a frequency determined by the Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 271-19F of this article.

(2) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow-measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative.

(3) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Manager, using the procedures prescribed in § 271-21K of this article, the results of this monitoring shall be included in the report.

E. Reports of changed conditions. Each user must notify the Manager of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 90 days before the change.

(1) The Manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 271-19E of this article.

(2) The Manager may issue a wastewater discharge permit under § 271-19G of this article or modify an existing wastewater discharge permit under § 271-20D of this article in response to changed conditions or anticipated changed conditions.

(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.

F. Reports of potential problems.

(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine episodic nature, a noncustomary batch discharge or a slug load that may cause potential problems for the POTW, the user shall immediately telephone and notify the Manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(2) Within five days following such discharge, the user shall, unless waived by the Manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this article.

(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

G. Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Manager as the Manager may require.

H. Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Manager within 30 days after becoming aware of the violation.

I. Notification of the discharge of hazardous waste.

(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information, to the extent such information is known and readily available to the user, an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notification must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed conditions must be submitted under § 271-21E of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 271-21A, C and D of this article.

(2) Dischargers are exempt from the requirements of Subsection I(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste does not require additional notification.

(3) In the case of any new regulations under § 300 of the Resource Conservation and Recovery Act (RCRA), identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Manager, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(4) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder or any applicable federal or state law.

J. Analytical requirements. All pollutants analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

K. Sample collection.

(1) Except as indicated in Subsection K(2), below, the user must collect wastewater samples using flow-proportional composite collection techniques. In the event flow-proportional sampling is infeasible, the Manager may authorize the use of time-proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

L. Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by United States Postal Service, the date of receipt of the report shall govern.

M. Recordkeeping. A user subject to the reporting requirements of this article shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Authority or where the user has been specifically notified of a longer retention period by the Manager.

§ 271-22 Compliance monitoring.

A. Right of entry; inspection and sampling. The Manager shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the Manager ready access to all parts of the premises for the purpose of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The Manager shall have the right to set up on the user's property or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.

(3) The Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure accuracy.

(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Manager and shall not be replaced. The costs of clearing such access shall be borne by the user.

(5) Unreasonable delays in allowing the Manager access to the user's premises shall be a violation of this article.

B. Search warrants. If the Manager has been refused access to a building, structure or property or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article or that there is need to inspect and/or sample as part of a routine inspection and sampling program of the Authority to verify compliance with this article or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then the Authority may seek issuance of a search warrant from the Court of Common Pleas of Washington County.

§ 271-23 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the Manager's inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the Manager that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data," as defined in 40 CFR 2.302, will not be recognized as confidential information and will be available to the public without restriction.

§ 271-24 Publication of users in significant noncompliance.

The Manager shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the user which during the previous 12 months were in significant noncompliance with applicable pretreatment standards and requirements and shall summarize any enforcement actions taken against such users. The term "significant noncompliance" shall mean:

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 exceeded the daily maximum limit or average limit for the same pollutant parameter by any amount.

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 daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH).

C. Any other discharge violation that the Manager believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public.

D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Manager's exercise of its emergency authority to halt or prevent such a discharge.

E. Failure to meet, within 30 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance.

F. Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.

G. Failure to accurately report noncompliance.

H. Any other violation(s) which the Manager determines will adversely affect the operation or implementation of the local pretreatment program.

§ 271-25 Administrative enforcement remedies.

A. Notification of violation. When the Manager finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Manager shall serve upon that user a written notice of violation. Within 15 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Manager. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B. Consent orders. The Manager may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 271-25D and E of this article and shall be judicially enforceable.

C. Show cause hearing.

(1) The Manager may order a user which has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement to appear before the Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user.

(2) The Authority may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Authority to:

(a) Issue in the name of the Authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

(b) Take evidence.

(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Authority Board for action thereon.

(d) At any hearing held pursuant to this article, the testimony taken may be under oath and recorded stenographically. The transcript, so recorded, will be made available to any members of the public or any party to the hearing upon payment of the usual charges thereof.

(3) After the Authority has reviewed the evidence, it may issue all necessary and appropriate orders, including, but not limited to, consent orders, cease and desist orders, compliance orders and discharge, suspension or termination orders.

(4) A show cause hearing shall not be a bar against or prerequisite for taking any other action against the user.

D. Compliance orders. When the Manager finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for taking any other action against the user.

E. Cease and desist orders.

(1) When the Manager finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately comply with all requirements.

(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(2) Issuance of a cease and desist order shall not be a bar against or a prerequisite for taking any other action against the user.

F. Emergency suspensions.

(1) The Manager may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Manager may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.

(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Manager that the period of endangerment has passed, unless the termination proceedings in § 271-25F of this article are initiated against the user.

(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Manager prior to the date of any show cause or termination hearing under § 271-25C or F of this article.

(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

G. Termination of discharge.

(1) In addition to the provisions in § 271-20F of this article, any user who violates the following conditions is subject to discharge termination:

(a) Violation of wastewater discharge permit conditions.

(b) Failure to accurately report the wastewater constituents and characteristics of its discharge.

(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

(e) Violation of the pretreatment standards in § 271-17 of this article.

(2) Such user shall be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 271-25C of this article why the proposed action should not be taken. Exercise of this option by the Manager shall not be a bar to or a prerequisite for taking any other action against the user.

§ 271-26 Judicial enforcement remedies.

A. Injunctive relief.

(1) When the Manager finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Manager may petition the Court of Common Pleas of Washington County through the Authority's Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this article on activities of the user. The Manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation.

(2) A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a user.

(3) Injunctive relief shall be granted against an industrial user, pursuant to the Publicly Owned Treatment Works Civil Penalty Law, set forth at 35 P.S. § 752.1 et seq., upon the showing of one or more of the following:

(a) A discharge from an industrial user presents an imminent danger or substantial harm to the POTW or the public.

(b) A discharge from an industrial user presents an imminent or substantial endangerment to the environment.

(c) A discharge from an industrial user causes the POTW to violate any condition of its discharge permit.

(d) An industrial user has shown a lack of ability or intention to comply with a pretreatment standard.

(4) An injunction affecting an industrial operation not directly related to the condition or violation in question may be issued if the Court determines that other enforcement procedures would not be adequate to effect prompt correction of the condition or violation. In addition to an injunction, the Court in any such proceeding may levy civil penalties in accordance with Subsection B.

(5) The Authority's power to seek injunctive relief shall apply to all industrial users regardless of jurisdictional boundaries. Injunctive proceedings may be prosecuted in the Court of Common Pleas of Washington County or where the activity has taken place, the condition exists or the public is affected.

B. Civil penalties.

(1) Any industrial user who has violated, or continues to violate, any provision of this article shall be liable to the Authority for a maximum civil penalty in an amount not to exceed $25,000 per violation, per day, in accord with the Publicly Owned Treatment Works Civil Penalty Law set forth as 35 P.S. § 752.1 et seq. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.

(2) In the event a single operational upset occurs which leads to simultaneous violations of more than one pretreatment standard or requirement, such event shall be treated as one violation as required by the Federal Water Pollution Control Act.

(3) Any such penalties shall be assessed in accord with the Authority's formal written civil penalty assessment policy, a copy of which has been supplied to all significant industrial users. In determining the amount of civil liability, the Authority shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, deterrence of future violations and any other factor as justice requires. A penalty may be assessed whether or not the violation was willful or negligent.

(4) The Authority shall serve on the industrial user a notice of assessment, which shall include a description of the applicable appeals process to be followed, including the name, address and telephone number of the person responsible for accepting such appeal. Any industrial user aggrieved by the imposition of a civil penalty may request a hearing in accord with the Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq., at which the industrial user shall have an opportunity to rebut the finding of a violation and present evidence of circumstances beyond the industrial user's control which resulted in the violation. The Authority shall keep a record of the evidence presented and shall provide the user with a written notice of the Authority's final decision or action.

(5) Any industrial user assessed with a penalty pursuant to this section shall have 30 days to pay the proposed penalty in full or, if the industrial user wishes to contest either the amount or imposition of the penalty, the industrial user must file an appeal with the Court of Common Pleas of Washington County in accord with the provisions and procedures of the Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.

(6) The Manager may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the Authority. In the event of an operational upset, the Authority may recover its cost for reestablishing the operation of the POTW, in addition to any civil penalty.

(7) Filing a suit for civil penalties shall not be a bar against or prerequisite for taking any other action against the user.

(8) Civil penalties collected pursuant to this section shall be placed in a restricted account and shall only be used by the Authority for the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed, to pay any penalties imposed on the Authority by the state or federal government for violation of standards, for the costs incurred by the publicly owned treatment works to investigate and take the enforcement action that resulted in a penalty being imposed, for the monitoring of discharges in the pretreatment program and for capital improvements to the treatment works, including sewage collection lines, which may be required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment works, including collection lines.

C. Criminal prosecution.

(1) A user who willingly or negligently violates any provision of this article or fails to carry out duties and responsibilities imposed by this article or any person who impedes or interferes with any action undertaken to enforce this article shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.

(2) A user who violates this article by willfully or negligently introducing any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than $1,000 or be subject to imprisonment for not more than 90 days, or both. This penalty shall be in addition to any cause of action for personal injury or property damage available under state law. Each day that a violation continues shall be a separate offense.

(3) A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed or required to be maintained pursuant to this article, a wastewater discharge permit or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.

(4) Any person aggrieved by any decision of the City may file an appeal with the Court of Common Pleas of Washington County in accordance with the Rules of Criminal Procedure.

D. Remedies nonexclusive. The remedies provided for in this article are not exclusive. The Manager may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Authority's enforcement response plan. However, the Authority may take other action against any user when the circumstances warrant. Further, the Manager is empowered to take more than one enforcement action against any noncompliant user.

§ 271-27 Supplemental enforcement action.

A. Performance bonds. The Manager may decline to issue or reissue wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the Authority, in a sum not to exceed a value determined by the Manager to be necessary to achieve consistent compliance.

B. Liability insurance. The Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

C. Public nuisances.

(1) A violation of any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Manager.

(2) Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating or remedying said nuisance.

D. Contractor listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City or the Authority.

§ 271-28 Miscellaneous provisions.

Pretreatment charges and fees.

A. The Authority may adopt reasonable fees for reimbursement of costs of setting up and operating the Authority's pretreatment program, which may include:

(1) Fees for reimbursement of costs of operating the Authority's pretreatment program.

(2) Fees for wastewater discharge permit applications, including the cost of processing such applications.

(3) Fees for monitoring, inspection and surveillance procedures, including the cost of collection and analyzing a user's discharge and reviewing monitoring reports submitted by users.

(4) Fees for reviewing and responding to accidental discharge procedures and construction.

(5) Fees for filing appeals and instituting legal action, including attorneys' fees.

(6) Fees for consistent removal by the Authority of pollutants otherwise subject to federal pretreatment standards.

(7) Other fees as the Authority may deem necessary to carry out the requirements contained herein.

B. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the Authority.