[Ord. 830, 5/6/1985; as amended by Ord. 467, 5/7/1990; by
Ord. 520, 8/9/1993; by Ord. 669, 5/6/2002; and by Ord. 745, 7/6/2009]
1.
ACT or THE ACT
ADMINISTRATOR or THE ADMINISTRATOR
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF A USER
A.
B.
C.
D.
BEST MANAGEMENT PRACTICES (BMPs)
BIOCHEMICAL OXYGEN DEMAND (BOD5)
BUILDING SEWER
CARBONACAOUS BIOCHEMICAL OXYGEN DEMAND (CBOD5)
CATEGORICAL STANDARD or CATEGORICAL PRETREATMENT STANDARD
CHEMICAL OXYGEN DEMAND (COD)
CITY
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
DIRECTOR OF WATER AND SEWER RESOURCES
DOMESTIC SEWAGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
HEARING BOARD
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL PRETREATMENT COORDINATOR
INDUSTRIAL USER
INDUSTRIAL WASTE
INDUSTRIAL WASTE DISCHARGE PERMIT (IWDP)
INTERFERENCE
A.
B.
MONTHLY AVERAGE
NATIONAL CATEGORICAL STANDARD or CATEGORICAL STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PRETREATMENT STANDARD OR NATIONAL STANDARD
NEW SOURCE
A.
B.
C.
PASS-THROUGH
PERSON
PH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTAGE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
A.
B.
SLUG LOAD or SLUG
SPECIFIC POLLUTANT DISCHARGE LIMITATIONS or LOCAL LIMITS
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS
USER
WASTEWATER
WATER QUALITY MANAGER
WATERS OF THE STATE
WEEKLY AVERAGE
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 4, shall have the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Administrator of the United States Environmental Protection
Agency.
The Regional Administrator of EPA Region III, as defined
in 40 CFR 403.3(c).
An authorized representative of an industrial user may be:
A president, secretary, treasurer, or 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;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates;
A director or highest official appointed or designated to oversee
operations and performance, if the user is a federal, state or local
governmental facility.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures, and practices to contract plant
site runoff, spillage and leaks, sludge or waste disposal, or drainage
from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C., expressed as a concentration (mg/l, milligrams per
liter), and determined in accordance with EPA test methods referenced
in 40 CFR 136.
A sewer conveying wastewater from the premises of a user
to the POTW.
The quantity of oxygen utilized in the biochemical oxidation
of carbonaceous organic matter expressed as a concentration (mg/l,
milligrams per liter), and determined in accordance with EPA test
methods referenced in 40 CFR 136.
A national categorical standard.
The quantity of oxygen utilized in the chemical oxidation
of organic matter which is susceptible to conversion to carbon dioxide
and water and expressed as a concentration (mg/l, milligrams per liter),
and determined in accordance with EPA test methods referenced in 40
CFR 136.
The City of Bethlehem, Pennsylvania, or the City Council
of Bethlehem.
The City of Bethlehem.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the State of Pennsylvania.
The person designated by the City to implement, administer
and enforce the provision of this Part, or the Director's duly authorized
representative.
Liquid or water-carried waste generated from sanitary conveniences
of campers, trailers, dwellings, office buildings, factories or institutions
and from household laundry operations, washing and cooking foods and
dishwashing, but does not contain industrial waste.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the 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.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and taken over
a period of time which does not exceed 15 minutes.
The Board appointed by the City pursuant to its ordinance
on disposal and discharge of industrial waste.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuuming tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307 (b) or (c) of the Act
(33 U.S.C. § 1317) into the POTW (including holding tank
waste discharged into the system).
The person designated by the City to supervise the operation
of its Industrial Pretreatment Program, who is charged with certain
duties and responsibilities by this Part, or a duly authorized representative
as delegated by the Industrial Pretreatment Coordinator.
A source of indirect discharge.
Solid, liquid or gaseous wastes from any industrial, manufacturing,
or commercial process or from the development, recovery or processing
of natural resources, but not domestic sewage.
A permit as set forth in § 923.04 of the City of
Bethlehem ordinance.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
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 any requirement of the
POTW's NPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more-stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA), and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA), the Clean Air Act, the Toxic Substance Control Act,
and the Marine Protection, Research and Sanctuaries Act.
The arithmetic mean of the value for users' samples collected
over a calendar month.
A standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to the POTW by existing or new industrial users in specific industrial subcategories as established as separate regulations under 40 CFR, Chapter 1, Subchapter N.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act, which
applies to all industrial users. This term includes the prohibitive
discharge limits established pursuant to 40 CFR 403.5.
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:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaced
the process or production equipment that causes the discharge of the
pollutants at an existing source; or
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
A discharge which exits the publicly owned treatment works
(POTW) into waters of the United States in quantities or concentrations
which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the
City's NPDES permit (including an increase in the magnitude or duration
of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity, or their representatives, agents
or assigns. The masculine gender shall include the feminine, and the
singular shall include the plural, where indicated by the context.
A measure of the acidity or alkalinity of a solution, expressed
in standard units, and determined in accordance with EPA test methods
referenced in 40 CFR 136.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemicals, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal and agricultural waste
discharged into the environment.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of the environment.
That portion of the POTW designated to provide treatment
to wastewater.
The reduction of the amount of pollutants, the elimination
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 a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
See "national pretreatment standard."
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the City.
This definition includes any devices or systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial
wastes of the liquid nature and any manholes, sewers, pumping stations,
force mains, siphons or other facilities or appurtenances which are
part of the system utilized to convey wastewater to a POTW treatment
plant. The POTW shall also include any collection and conveyance systems
which convey wastewaters to the City's POTW from persons outside the
City who are, by contract or agreement with the City, users of the
City's POTW.
A type of holding tank waste originating from the discharge
pf strictly domestic sewage to holding tanks, chemical toilets, camper
waste tanks, trailer waste tanks, cesspools and septic tanks.
See "wastewater."
Any industrial user of the City's POTW who:
Is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); or contributes a process waste stream
which makes up 5% or more of the average dry-weather hydraulic or
organic capacity of the POTW treatment plant; or is designated as
such by the City on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
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) and/or any discharge of nonroutine nature or episodic
nature, including but not limited to accidental spills or noncustomary
batch discharges, or which could cause a violation of the prohibited
discharge standards of § 402.
Numeric quantities or concentrations of pollutants which
may be discharged to the POTW by existing or new industrial users
developed by the City in accordance with 40 CFR 403.5(c) and defined
in § 402(4).
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, as amended.
The State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the City to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this Part, or his duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids and which is
removable by laboratory filtering and determined in accordance with
EPA test methods referenced in 40 CFR 136.
Any person who utilizes the service of the City POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with other wastes which may be present, whether treated or
untreated, which is contributed into or permitted to enter the POTW.
The person designated by the City to supervise the operation
of the Water Quality Bureau.
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 arithmetic mean of the values for the users' samples
collected over a seven-day calendar week.
2.
"Shall" is mandatory; "may" is permissive.
3.
Abbreviations. The following abbreviations shall have the designated
meanings:
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BOD5 — Biochemical oxygen demand (five-day)
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CBOD5 — Carbonaceous biochemical oxygen demand (five-day)
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CFR — Code of Federal Regulations
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COD — Chemical oxygen demand
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EPA — Environmental Protection Agency
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IWDP — Industrial waste discharge permit
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mg/l — Milligrams per liter
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NH3-N — Ammonia-nitrogen
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NPDES — National Pollutant Discharge Elimination System
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POTW — Publicly owned treatment works
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RCRA — Resource Conservation and Recovery Act
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SIC — Standard Industrial Classification
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SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
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USC — United States Code
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TSS — Total suspended solids
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[Ord. 380, 5/6/1985; as amended by Ord. 467, 5/7/1990; by
Ord. 520 8/9/1993; by Ord. 591, 11/4/1996, § 402; by
Ord. 669, 5/6/2002; and by Ord. 745, 7/6/2009]
1.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will cause pass-through
or interference with the operation or performance of the POTW. These
general prohibitions apply to all such users of a POTW whether or
not the user is subject to National Categorical Pretreatment Standards
or any other national, state, or local pretreatment standards or requirements.
A user may not contribute the following substances to the POTW:
A.
Quantity of liquids, solids or gases (including but not limited to
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides and sulfides) which, by reason of their nature
or quantity, are, or may be, sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious
in any way to the POTW or to the operation of the POTW, including
but not limited to any discharge with a closed-cup flash-point of
less than 140° F. (60° C.), using the test methods specified
in 40 CFR 261.21. At no time shall any wastewater cause two successive
readings on an explosion hazard meter, at the point of discharge into
the system (or at any point in the system), to be more than 5% nor
any single reading over 10% of the lower explosive limit (LEL) of
the meter.
B.
Solid or viscous pollutants in amounts which will cause obstruction
to the flow in the POTW resulting in interference, such as but not
limited to: grease, garbage with particles greater than three inches
in any dimension, animal guts or tissues, paunch manure, bones, hair,
hides or fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent hops, wastepaper, wood,
plastics, gas, tar, asphalt residues, residues from refining, or processing
of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
C.
Pollutants which will cause any damage to the POTW, but in no case
may pollutants being discharged have a pH lower than 5.0 or greater
than 11.5.
D.
Pollutants in sufficient quantity which, either alone or by interaction
with other pollutants, would result in the presence of toxic gases,
vapors or fumes, cause worker injury or disruption of any wastewater
treatment process, including the disposal of sludge, or would be in
noncompliance with any categorical or pretreatment standards established
in accord with 40 CFR 403.6.
E.
Noxious or malodorous liquids, gases, or solids which, either alone
or by interaction with other wastes, cause a public nuisance or hazard
to life or prevent entry into the sewers for maintenance and repair.
F.
Pollutants, including oxygen demanding pollutants, released in a
discharge at a flow rate and/or concentration which will cause interference
with the POTW.
G.
Substances which will cause pass-through and cause the POTW to violate
its NPDES and/or state solid waste disposal system permit(s) or the
air quality and/or receiving water quality standards.
H.
Wastewater with excessive discoloration not removed in the POTW treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions, which cause or contribute to interference, pass-through,
or any violation at the POTW treatment plant.
I.
Heat in amounts producing interference, but in no case heat in such
quantities that the temperature at the POTW treatment plant exceeds
40° C. (104° F.). At no time shall a discharge to the POTW
have a temperature higher than 150° F. or less than 32° F.
J.
Slug loads as defined in § 401 of this Part.
K.
Wastewater containing any radioactive material or isotopes of such
half-life or concentration as may cause pass-through or interference
in the POTW or exceed limits established by the Superintendent in
compliance with applicable Delaware River Basin Commission, state
or federal regulations.
L.
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass-through.
M.
Discharge of mineral/petroleum oil and grease of in concentrations
greater than 100 mg/l and animal/vegetable oil and grease in concentrations
greater than 300 mg/l.
N.
Discharge of holding tank waste or septage, except as provided in
§ 408.
O.
Discharge which, if otherwise disposed of, would be considered a
hazardous waste under 40 CFR Part 261, without prior notification
by the user in writing to the POTW, the state and EPA in accordance
with 40 CFR 403.12(p)(1).
P.
New or increased discharges or changes in the nature of discharges
without prior notification to the POTW. The City may establish appropriate
conditions and written approval of the Superintendent.
Q.
Stormwater, surface water, groundwater, artesian well water, roof
runoff, subsurface drainage, unpolluted industrial process water,
unpolluted cooling water (also refer to Article 915), or swimming
pool drainage (also refer to Article 921), unless specifically authorized
by the Superintendent.
R.
Sludges, screenings or other residues from the pretreatment of industrial
wastes, unless specifically authorized by the Superintendent.
S.
Wastes generated in the diagnosis, treatment, immunization or autopsy
of human beings or animals, in research pertaining thereto, or in
the preparation of human or animal remains for burial or cremation,
unless specifically authorized by the Superintendent.
T.
Wastewater, alone or in conjunction with other sources, causing the
POTW treatment plant's effluent to fail a toxicity test.
U.
Detergents, surface-active agents or other substances which may cause
excessive foaming in the POTW.
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When the Industrial Pretreatment Coordinator determines that
a user is contributing to the POTW any of the above-enumerated substances
in such amounts as to cause pass-through or interference with the
operation of the POTW and/or POTW treatment plant, the Industrial
Pretreatment Coordinator shall: (1) notify the user of the impact
of the contribution on the POTW and/or POTW treatment plant; (2) develop
effluent limitation(s), as needed, for the user to correct the pass-through
or interference with the POTW and/or POTW treatment plant; and (3)
proceed with enforcement pursuant to the provisions of § 405
of this Part.
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Pollutants, substances or wastewater prohibited by this section
shall not be processed or stored in such a manner that they have a
reasonable potential to be discharged to the POTW.
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2.
National Pretreatment Standards and National Categorical Standards.
All industrial users are immediately subject to the National Pretreatment
Standards. Upon promulgation of National Categorical Standards listed
in 40 CFR, Subchapter N, Parts 405-471, industrial users must comply
with all applicable standards and other requirements promulgated by
EPA. Any categorical standard, if more stringent than any limitations
imposed under this Part, shall immediately supersede the limitations
imposed under this Part. The Superintendent shall notify all affected
users of the applicable reporting requirements under 40 CFR 403.12.
A.
Where a categorical standard is expressed only in terms of either
the mass or the concentration of a pollutant in wastewater, the Industrial
Pretreatment Coordinator may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical standard is mixed with wastewater
not regulated by the same standard, the Industrial Pretreatment Coordinator
shall impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
C.
An industrial user may obtain a variance from a categorical standard
from EPA if the industrial user can prove, pursuant to the procedural
and substantive provisions in 40 CFR 403.13, that factors relating
to its discharge are fundamentally different from the factors considered
by EPA when developing the categorical standard. If a variance is
obtained, the City reserves the right to modify the industrial user's
permit to incorporate the revised standards and requirements.
D.
An industrial user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
3.
Modification of National Categorical Standards. Where the City's
POTW treatment plant achieves consistent removal of pollutants limited
by National Categorical Standards, the City may apply to the approval
authority for modification of specific limits in the National Categorical
Standards. "Consistent removal" is defined by EPA in 40 CFR 403.7(b).
The City may then modify pollutant discharge limits in the National
Categorical Standards if the requirements contained in 40 CFR, Part
403, Section 403.7 are fulfilled and prior approval from the approval
authority is obtained.
4.
Specific Pollutant Discharge Limitations, Local Limits. Under § 402(6)
of this Part and in accordance with 40 CFR § 403.5(c), the
Borough imposes the following specific pollutant discharge limitations
for all industrial users:
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Maximum Allowable Concentration
(Twenty-Four-Hour Average)
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|---|---|
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Pollutant
(Total)
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Local Limit
(mg/l)
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Arsenic
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0.11
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Cadmium
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0.05
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Chromium
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0.91
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Copper
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1.35
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Lead
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0.39
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Mercury
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0.007
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Molybdenum
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0.22
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Nickel
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1.36
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Selenium
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0.23
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Silver
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0.21
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Zinc
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2.58
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Cyanide
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0.38
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The specific pollutant discharge limitations listed above are
the highest allowable concentration in any type of sample, either
a grab or composite, collected over any time interval, unless otherwise
specified in an IWDP.
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The specific pollutant discharge limitations listed above apply
at the point where the wastewater is discharged to the POTW or at
the point designated by the Industrial Pretreatment Coordinator.
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In addition to industrial users, the City reserves the right
to apply the specific pollutant discharge limitations listed above
to any user's wastewater discharge which is not composed of strictly
domestic sewage.
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The City reserves the right to establish alternate specific
pollutant discharge limitations in individual industrial waste discharge
permits, but only in accordance with regulatory requirements. In no
event shall any alternate limit allow the total loading allocated
to all industrial users for any pollutant to exceed the maximum allowable
industrial headworks loading as determined by the City's most recent
local limits evaluation approved by the approval authority, defined
in 40 CFR Part 403. The specific pollutant discharge limitations,
if more stringent than the National Categorical Standards, shall immediately
supersede the categorical standards.
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5.
State Requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Part 4.
6.
Borough's Right of Revision. The Borough reserves the right to establish
by ordinance more-stringent limitations or requirements on discharges
to the wastewater disposal system if deemed necessary.
7.
Excessive Discharge. No user shall increase the use of process water
solely for the purpose of complying with this Part or in any way attempt
to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the limitations contained in
the National Categorical Standards, or in any other pollutant-specific
limitation developed by the City or state. The Industrial Pretreatment
Coordinator may impose mass limitations on users who are using dilution
to meet applicable National Categorical Standards, or in any other
pollutant-specific limitations or requirements, or in other cases
when the imposition of mass limitations is appropriate.
8.
Slug Load/Accidental Discharges. Each industrial user shall provide
protection from slug loads and/or accidental discharges of prohibited
materials or other substances regulated by this Part. Facilities to
prevent slug loads and/or accidental discharges of prohibited materials
shall be provided and maintained at the industrial user's own cost
and expense. In the case of an accidental discharge/slug loads, it
shall be the responsibility of the industrial user, upon discovery,
and after assessing the situation and taking initial corrective action,
to immediately telephone and notify the Industrial Pretreatment Coordinator
of the incident. The notification shall include location of discharge,
type of waste, estimated concentration and volume if known, and initial
corrective actions taken by the industrial user.
A.
Written Notice. Within five days following an accidental discharge/slug
loads; the industrial user shall submit to the Industrial Pretreatment
Coordinator a detailed written report including the date, time, duration
of the discharge as well as describing the cause of the discharge,
all corrective measures implemented or attempted, and measures to
be taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any expenses,
loss, damage or other liability which may be incurred as a result
of damage to the POTW, fishkills or any other damage to person or
property; nor shall such notification relieve the industrial user
of any fines, civil penalties or other liability which may be imposed
by this Part or other applicable articles or laws.
B.
Notice to Employees. A notice shall be permanently posted on the
industrial user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge/slug
load. Employers shall ensure that all employees are advised of the
emergency notification procedures.
9.
Accidental Discharge/Slug Control Plans. An accidental discharge
or slug control plan, as prescribed under 40 CFR 403.8(f)(2)(v), shall
be required:
A.
For new source industrial users. Detailed plans showing facilities
and operating procedures to provide protection from accidental discharges
or slugs shall be submitted to the City for review as part of the
IWDP application and shall be approved by the City before construction
of the facility.
B.
For existing industrial users. The Industrial Pretreatment Coordinator
shall evaluate whether each industrial user needs a new or updated
accidental discharge/slug control plan.
10.
Should the Industrial Pretreatment Coordinator require the industrial
user to develop, submit for approval, and implement a new or updated
accidental discharge/slug control plan, the 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 Industrial Pretreatment
Coordinator of any accidental or slug discharge, as required by Section
923.02(h) of this the City ordinance; and
D.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures shall 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.
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When an existing industrial user is required by the Industrial
Pretreatment Coordinator to provide and/or modify an accidental discharge/slug
control plan, the industrial user shall provide the plan within 60
days of notification. Should the plan require construction or implementation
of measures to meet compliance, the plan shall provide a schedule
for those actions. After initial review, should additional information
be required to provide a complete plan, it shall be furnished to the
Industrial Pretreatment Coordinator within 30 days of the date of
notification. Failure to submit a revised plan and/or failure to provide
a complete plan after the thirty-day submission period may render
the industrial waste discharge permit void.
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The City's review and approval of accidental discharge/slug
control plans shall not relieve the industrial user from the responsibility
to modify the industrial user's facility as necessary to meet the
requirements of this Part.
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If not specifically required by the Industrial Pretreatment
Coordinator, the information, requirements, etc., called for in a
plan are not waived by the City and the industrial user shall provide
all necessary items, procedures, etc., to prevent any accidental discharge
and/or slug discharge to the POTW.
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An approved state pollution prevention plan may substitute for
all or a portion of the contents of an accidental discharge/slug control
plan to the extent that it satisfies the requirements described herein.
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All users are required to notify the POTW immediately of any
changes at its facility affecting potential for a slug discharge.
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[Ord. 380, 5/6/1985; as amended by Ord. 591, 11/4/1996, § 403;
by Ord. 669, 5/6/2002; and by Ord. 745, 7/6/2009]
It is the purpose of this section to provide for the recovery
of costs from users of the City's wastewater disposal system for the
implementation of the program established herein. The City of Bethlehem's
Ordinance on Disposal and Discharge of Industrial Waste, Article 923.03,
as amended, is hereby incorporated in its entirety by reference and
made applicable to Borough users. A copy of the City of Bethlehem
Ordinance, Article 923, is on file and available for inspection at
the Borough Office of the Executive Administrator.
[Ord. 380, 5/6/1985; as amended by Ord. 520, 8/9/1993; by
Ord. 669, 5/6/2002; and by Ord. 745, 7/6/2009]
1.
It shall be unlawful for any significant and/or categorical industrial
user to discharge to the sanitary system tributary to the City's wastewater
treatment plant without having first obtained a City IWD permit (IWPD),
except as authorized by the Director of Water and Sewer Resources
in accordance with the provisions of this Part, subject to state and
federal laws and regulations.
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In addition to the industrial waste discharge permit, the user
shall obtain such additional permits as required by applicable sections
of the Codified Ordinances of the City of Bethlehem.
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2.
The compliance schedules, reporting requirements, notification requirements,
certification requirements, authorized signatory requirements, recordkeeping
requirements, sampling requirements, inspection, copying, surveillance
and monitoring requirements, confidentiality/nonconfidentiality requirements,
and all other requirements imposed under Section 923.04 of the Codified
Ordinances of the City of Bethlehem, as amended, are hereby incorporated
herein in their entirety by reference and made applicable to the Borough.
A copy of the City of Bethlehem's Ordinance, Article 923, is on file
and available for inspection at the Borough Office of the Executive
Administrator.
[Ord. 380, 5/6/1985; as amended by Ord. 520, 8/9/1993; and
by Ord. 669, 5/6/2002]
1.
Suspension. The City may suspend the wastewater treatment service
and/or an IWD permit without prior notice when such suspension is
necessary in order to stop an actual or threatened discharge which
presents or may present an imminent and substantial endangerment to
the health or welfare of persons, to the environment, causes interference
to the POTW or causes the City to violate any condition of its NPDES
permit. In the event of a failure of the person to comply voluntarily
with the suspension order, the City shall take steps as deemed necessary,
including immediate termination of water service and/or immediate
severance of the sewer connection, to prevent or minimize danger to
the POTW system or endangerment of any individuals. The service and/or
IWD Permit shall be restored within five working days when, in the
opinion of the City, the actual or threatened cause for the suspension
has been removed. The above actions shall be taken only as ordered
by the Director of Water and Sewer Resources.
2.
Notice of Suspension. In the event that the City decides it is necessary
to suspend its wastewater treatment service for reasons other than
as described above, the user shall be given a fifteen-day notice of
such suspension. Any person notified of a suspension of the wastewater
treatment service and/or IWD permit shall stop or eliminate the contribution
as required in the suspension notice. Between the time of the notice
of suspension of services and the date services are terminated, the
user shall have the right to have a show-cause hearing with appropriate
City officials regarding the cause of the suspension. The City shall
reinstate the IWD permit and/or wastewater treatment service within
five working days upon proof of the elimination of the noncomplying
discharge or in compliance with instruction of the hearing board.
A detailed written statement submitted by the user describing the
causes of the harmful contributions and the measures taken to prevent
any future occurrence shall be submitted to the City within five days
of the date of occurrence. In the event of a failure of the user to
comply with the suspension notice, the City may take such steps as
deemed necessary to terminate the service.
3.
Revocation of Permit. Any user who violates the following conditions
of this Part, or applicable state and federal regulations, is subject
to having his permit revoked in accordance with the procedures of
§ 405 of this Part:
A.
Failure to notify the Industrial Pretreatment Coordinator of significant
changes to the wastewater prior to the changed discharge;
B.
Misrepresentation or failure to fully disclose all relevant facts
in the IWDP application;
C.
Falsifying self-monitoring reports;
D.
Tampering with monitoring equipment;
E.
Refusing to allow the Industrial Pretreatment Coordinator timely
access to the facility premises and records;
F.
Failure to meet effluent limitations;
G.
Failure to pay fines;
H.
Failure to pay sewer charges;
I.
Failure to meet compliance schedules;
J.
Failure to complete a wastewater survey or the IWDP application;
K.
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
L.
Violation of any pretreatment standard or requirement or any terms
of the IWDP or this Part.
4.
Notification of Violation. Whenever the City finds that any user has violated or is violating this Part 4, the industrial waste discharge permit, or any prohibition, limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.
5.
Hearing Board.
A.
A Hearing Board shall be appointed by the Mayor of the City of Bethlehem
as needed, for the purpose of hearing and deciding appeals between
the City and users on matters concerning interpretation and execution
of the provisions of this Part. Cost of appeals shall be borne by
the user requesting an appeal.
B.
The Chairperson of the Board shall be a member of City Council's
Public Works Committee; one member shall be a professional engineer
skilled in the practice of sanitary engineering; one member shall
be a representative of an industry or manufacturing enterprise; one
member shall be a representative of a local environmental organization;
and one member shall be selected at large for that member's interest
in accomplishing the objectives of this Part.
C.
Terms on the Board shall be for a period of five years. The Mayor
shall appoint representatives to fill vacancies on the Board to complete
unexpired terms. Interim appointments may be permitted to serve an
additional full term on the Board. Hearing Boards may be appointed
as standing panels, or on a case-by-case basis, as determined from
time to time, in the sole discretion of the Mayor.
6.
Show-Cause Hearing.
A.
The City may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Hearing Board
why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the time and place of a hearing
to be held by the Hearing Board regarding the violation, the reasons
why the action is to be taken, the proposed enforcement action and
directing the user to show cause before the Hearing Board why the
proposed enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or certified mail
(return receipt requested) at least 10 days before the hearing. Service
may be made on any agent or officer of a corporation.
B.
The Hearing Board may itself conduct the hearing and take the evidence
or may designate any one or more of its members, or any officer or
employee of the assigned department, to:
(1)
Issue in the name of the Hearing Board notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Receive evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Hearing Board
for action thereon.
C.
At any hearing pursuant to this Part, testimony taken must be under
oath and recorded stenographically. The transcript, so recorded, will
be made available to any member of the public or any party to the
hearing upon payment of the usual charges thereof.
D.
After the Hearing Board has reviewed the evidence, it may issue an
order to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further and/or
other orders and directives as are necessary and appropriate may be
issued.
7.
Consent Orders. The City 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.
8.
Compliance Orders. When the Industrial Pretreatment Coordinator finds
that a user has violated, or continues to violate, any provision of
this Part, an IWDP or order issued hereunder, or any other pretreatment
standard or requirement, the City 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, wastewater service may be discontinued unless adequate
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 POTW. A compliance schedule contained in any compliance
order shall not be construed as an extension of the deadline for compliance
established for any pretreatment standards or requirement, nor does
a compliance order relieve the user of liability for any violation,
including any continuing violation.
9.
Cease and Desist Orders. When the Industrial Pretreatment Coordinator
finds that a user has violated, or continues to violate, any provision
of this Part, an IWDP or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are likely
to recur, the City may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
10.
Administrative Fines.
A.
When the Industrial Pretreatment Coordinator finds that a user has
violated, or continues to violate, any provision of this Part, an
IWDP or order issued hereunder, or any other pretreatment standard
or requirement, the City may fine such user in an amount not to exceed
the amount set forth Section 923.99 of the City's Ordinance for each
violation regardless of jurisdictional boundaries. Such fines shall
be assessed in accordance with the terms set forth in this Part and/or
the City's enforcement response plan. In the case of weekly, monthly
or other long-term average discharge limits, fines shall be assessed
for each day during the period of violation.
B.
A lien against the user's property will be sought and other enforcement
collection action may be taken for unpaid fines.
C.
Users desiring to dispute such fines shall file a written request
for the City to reconsider the fine along with the full payment of
the fine amount within 30 days of being notified of the fine. The
Hearing Board may convene to deliberate on the matter. In the event
the appeal is successful, the payment, together with any interest
accruing thereto, shall be returned to the user. The City may add
the costs of preparing administrative enforcement actions, such as
notices and orders, to the fine when the fine and/or a portion of
same is substantiated.
D.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
11.
Legal Action. The City shall be able to seek injunctive relief for
noncompliance by users with pretreatment standards or requirements.
Injunctive relief is available for violations of any requirement stated
in this Part or industrial waste discharge permits, including but
not limited to wastewater discharge violations, failure to allow access
by the City to a user's facility, failure to submit reports by a specified
deadline or any violation of any order of the City. The City Solicitor
may commence an action for appropriate legal and/or equitable relief
in the local Court of Common Pleas.
12.
Remedies Nonexclusive. The remedies provided for in this Part are
not exclusive. The City may take any, all or any combination of these
actions against a noncompliant user. Enforcement of industrial pretreatment
program violations will be in accordance with this Part and/or the
City's enforcement response plan. However, the City may take other
action against any user when the circumstances warrant. Further, the
City is empowered to take more than one enforcement action against
any noncompliant user. Where the enforcement response plan does not
provide guidelines on enforcement action for a specific instance of
noncompliance, the City may impose other appropriate enforcement action
to address the noncompliance.
13.
Appeals. A user may appeal the terms of an IWDP, administrative fine
or any administrative action within 30 days of notice of its issuance.
The written appeal request shall provide the name, address and telephone
number of the appellant as well the date that the City took the action
which is the subject matter of the appeal. In its petition, the appealing
party shall also indicate the provisions objected to, the reasons
for this objection and the alternative condition, if any.
A.
Failure to submit a timely appeal for review shall be deemed to be
a waiver of the administrative appeal.
B.
The conditions of the current IWDP shall remain in effect pending
the appeal of the new IWDP.
C.
The City shall respond with its position within 60 days of filing
of an appeal.
D.
The user must file its appeal with the Hearing Board, described in
this section, to conduct a hearing and decide an appeal on the matter.
E.
Aggrieved parties seeking judicial review of the final administrative
decision must do so by filing a complaint with the local Court of
Common Pleas, within 30 days of the decision of the Hearing Board.
14.
Conference Option. At the time an appeal is requested, the user may
also request a conference with the City prior to the scheduling of
a Hearing Board hearing. Said conference will include appropriate
members of the City staff and its agents. Violations and penalties
will be explained and discussed. Electing this option does not foreclose
and/or affect the user's right to a hearing, provided that the written
request for the hearing was filed within 30 days of service as noted
above. The purpose of this option is to provide the user with an informal
forum within which to discuss the alleged violations and expedite
conclusion and/or resolution of outstanding enforcement actions. If
resolution is not reached within 90 days of the scheduled conference,
the City shall schedule the matter for Hearing Board hearing. In any
event either party may request a Hearing Board hearing at any point
during the conference proceedings.
[Ord. 380, 5/6/1985; as amended by Ord. 591, 11/4/1996, § 406]
Any ordinance of the Borough of Fountain Hill or parts of ordinances
in conflict herewith are hereby repealed.
[Ord. 380, 5/6/1985]
If any court of competent jurisdiction declares any provision to be unconstitutional or invalid, that decision shall only affect the provision so declared. The declaration shall not affect any other portion of this Part 4, as a whole.
[Ord. 380, 5/6/1985; as added by Ord. 669, 5/6/2002; and
as amended by Ord. 745, 7/6/2009]
1.
Holding Tank Waste. The City may accept discharged, trucked or hauled
waste exclusively from holding tanks for treatment. The decision for
approval shall be based on, but not limited to, the source, characteristics
and volume of waste to be discharged. In no instance shall holding
tank waste be discharged to the POTW without prior approval by the
Superintendent. All holding tank waste discharges shall be regulated
through the City's Industrial Pretreatment Program.
2.
Septage. The City may accept for treatment trucked and hauled septage
which originated from chemical toilets, campers, trailers or residential,
commercial or industrial septic tank/cesspools containing domestic
sewage only. The decision for approval shall be based on, but not
limited to, the characteristics of the septage in conjunction with
the volume of septage to be discharged. In no instance shall septage
be discharged to the POTW without prior approval by the Superintendent.
All septage discharges shall be regulated in accordance with the City's
industrial Pretreatment Program and/or Septage Management Plan.
3.
Discharge Points. The City shall designate the authorized discharge
point(s) for holding tank waste and septage. All such discharges must
be made at the designated point(s).
4.
Application for Discharge. The City may require that some or all
of the information listed in Section 923.04(d) of the City's Ordinance
be submitted to the Industrial Pretreatment Coordinator for review
as part of the decision-making process for approval to discharge holding
tank waste or septage.
5.
Approval to Discharge. The City may issue a letter approval for limited
frequency discharges or may require that a permit be obtained for
the proposed discharge. Permits will be obtained in accordance with
Section 923.04 of the City's Ordinance and/or the City's Septage Management
Plan.
6.
Enforcement. Users will adhere to and obey all terms and conditions
stated in their individual approval letters or permits and the requirements
of this Part. Any violation of the terms and conditions of individual
approval letters or permits or the requirements of this Part shall
subject the user to the sanctions set out in this Part. Obtaining
an approval to discharge holding tank waste or septage from the City
does not relieve a user of his or her obligation to comply with any
other requirements of federal, state and local law.
7.
Fees. A fee based on the City's current fee schedule will be levied
on all holding tank waste or septage discharged to the City's POTW.
Holding tank waste and septage may also be subject to surcharge fees
as described in Section 923.03 of the City's Ordinance.
[Ord. 380, 5/6/1985; as amended by Ord. 467, 5/7/1990; by
Ord. 520, 8/9/1993; by Ord. 591, 11/4/1996, § 408; and by
Ord. 669, 5/6/2002]
1.
Criminal Penalties. A user who willfully or negligently violates
any provision of this Part, an IWDP, or order issued hereunder, or
who willfully or negligently introduces any substance into the POTW
which causes personal injury, property damage, pass-through, or interference
or any user who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
document filed, or required to be maintained pursuant to this Part,
an IWDP or order issued under this Part or who falsifies, tamper with
or knowingly renders inaccurate any monitoring device or method required
under this Part, may be subject to criminal prosecution in accordance
with the applicable provisions of the Pennsylvania Crimes Code, 18
Pa.C.S.A. § 101 et seq.
2.
Civil Penalties.
A.
In accordance with Pennsylvania Act 9, any user who has violated,
or continues to violate, any provision of this Part, an IWDP or order
issued hereunder, or any other pretreatment standard or requirement
shall be liable to the City for a maximum civil penalty of $25,000
per violation, per day.
B.
In determining the amount of civil liability, there shall be taken
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
and any other factor as justice requires. All penalties shall be assessed
in accordance with this Part and the City's enforcement response plan.
C.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
D.
In the event any user violation(s) results in the imposition of a
fine or other penalty on the City by EPA, the state or any other agency,
such violation(s) shall be punishable by a civil penalty at least
equal to the dollar amount imposed upon the City plus its administrative,
legal, engineering costs, and expenses, but not more than $25,000
per day, per violation.
3.
Pursuant to 40 CFR 403.8(f)(1)(vi)(A), any penalties required under
this section will apply per violation per day. Each day on which a
violation shall occur or continue shall be deemed a separate and distinct
offense. In the case of weekly, monthly or other long-term average
discharge limits, penalties shall accrue for each day during the period
of the violation. In addition to the penalties provided herein, the
City may recover reasonable costs for any loss, damage, cleaning,
repair, or replacement, work caused by the violation, attorney's fees,
court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this Part or the orders, rules, regulations and permits issued hereunder.
