[Adopted 8-19-2002 by Ord. No. 340-02]
This article sets forth uniform requirements for connected and
nonconnected users discharging into the public sanitary sewage system
within Easttown Township tributary to the treatment plant of the Valley
Forge Sewer Authority and enables Easttown Township and the Authority
to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations (40
CFR Part 403). The objectives of this article are to:
A.
Prevent the introduction of pollutants into the public sanitary sewage
system and treatment plant which will interfere with the operation
of the sewer system or contaminate the resulting biosolids or otherwise
be incompatible with the sewer system; and
B.
Prevent the introduction of pollutants into the treatment plant which
will pass through the treatment system, inadequately treated, into
receiving waters or the atmosphere; and
C.
Improve the opportunity to recycle and reclaim wastes and biosolids
from the sewer system; and
D.
Provide for equitable distribution of the cost of the treatment plant
operation and maintenance.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated. Words in the present tense include the future.
The singular number includes the plural number. The plural number
includes the singular number.
The Valley Forge Sewer Authority or its authorized representatives.
Refers to the report required in 40 CFR 403.12, to be submitted
by all industrial users or waste generators subject to National Categorical
Pretreatment Standards.
The 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 control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
[Added 2-17-2009 by Ord. No. 389-09]
The primarily solid organic material recovered from a sewage
treatment process and recycled especially as a fertilizer.
The quantity of dissolved oxygen consumed in the biochemical
oxidation of the organic matter in waste under standard laboratory
procedure in five days at 20° C., expressed in milligrams per
liter (mg/L). It shall be determined by one of the acceptable methods
described in 40 CFR Part 136, and amendments thereto, or by any other
methods approved by the Environmental Protection Agency (EPA).
Any industrial user subject to a National Categorical Pretreatment
Standard.
Any waste generator subject to a National Categorical Pretreatment
Standard.
Refers to Public Law 92-500, October 18, 1972, 33 U.S.C.
§ 1251 et seq., as amended by PL 95-217, December 28, 1977;
PL 97-177, December 29, 1981; PL 97-440, January 8, 1983; and PL 100-04,
February 4, 1987, and any subsequent amendments or reauthorizations
thereto.
The color of the light transmitted by the waste solution
after removing the suspended material, including the pseudocolloidal
particles.
Refers to a permit issued to those industrial users that
the Authority does not classify as significant industrial users, but
are considered to have an impact, either potential or realized, either
singly or in combination with other contributing commercial or industrial
establishments, on the public sanitary sewage system and/or the treatment
plant (either its operational efficiency, effluent quality or quality
of the biosolids produced by such facility).
Refers to a property which is intended to be used for the
purpose of carrying on a trade, business or profession, or for social,
religious, educational, charitable or public uses, or a person discharging
waste generated by the trade, business, profession, social, religious,
educational, charitable or public use of the property.
A sample consisting of a combination of individual samples
that are either time- or flow-proportioned, or both, obtained at regular
intervals over a period of time and shall reasonably reflect the actual
wastewater or waste discharge conditions for that period of time.
A user located in the Authority service area that discharges
into the public sanitary sewage system through a direct connection
point that has been approved by the Authority.
The water discharged from any system of condensation, including
but not limited to air conditioning, cooling or refrigeration.
A sample consisting of a combination of individual samples,
regardless of flow, collected at regular intervals over a period of
time; the sampling duration shall be not less than 20 hours, but shall
not exceed 28 hours, or as specified in an industrial waste discharge
permit or commercial discharge permit.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
The introduction of pollutants into the Authority's
public sanitary sewage system from any nondomestic source regulated
under Section 307(b), (c) or (d) of the Clean Water Act.[1]
[Added 2-17-2009 by Ord. No. 389-09]
That concentration of matter in a waste consisting of colloidal
particulate matter, and both organic and inorganic molecules and ions
present in solution that pass through a standard filter according
to the approved procedures outlined in 40 CFR Part 136, or amendments
thereto, or outlined in any other procedure approved by the EPA.
Refers to any connected user discharging only sanitary sewage.
This discharge shall not exceed an average daily total suspended solids
concentration of 250 milligrams per liter (mg/L) and an average daily
BOD concentration of 250 milligrams per liter (mg/L).
The Environmental Protection Agency of the United States,
or any agency or department of the United States succeeding to the
existing jurisdiction or responsibility of the Environmental Protection
Agency.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the commercial handling, storage
and sale of produce.
A sample taken from a wastewater or waste with no regard
to flow in the wastewater or waste and collected over a period of
time not exceeding 15 minutes but shall reasonably reflect actual
discharge conditions for that period.
Garbage that has been shredded to such a degree that all
its particles will be carried freely under normal sewer flow conditions,
with no particle greater than 1/2 inch in any dimension.
Water which is standing in or passing through the ground.
A watertight receptacle designed to receive and retain wastes
and is constructed to facilitate the ultimate disposal of the wastes
at another site.
The wastes originating from normal household activities containing
human and customary household wastes, or such wastes from commercial
or industrial establishments, but excluding industrial wastes. The
waste must be certified by a waste hauler licensed by the Authority
as sanitary sewage and must be stored in such a way as not to concentrate
said waste to a level of total suspended solids exceeding 1,000 milligrams
per liter (mg/L).
The water-carried waste originating from normal household
functions such as waste from kitchens, toilets, lavatories and laundries,
or such waste from industrial or commercial establishments, but excluding
industrial waste.
Any connected user which is not a domestic user.
Any liquid, solid or gaseous substance, whether or not solids are contained therein, discharged from any user during the course of any industrial, manufacturing, trade, or business process or in the course of development, recovery or processing of natural resources, or any wastes having any of the characteristics described under § 345-35, General discharge prohibitions, of this article, as distinct from sanitary sewage.
The groundwater unintentionally entering the public sanitary
sewage system, including building foundation drains and sewers, from
the ground through such means as, but not limited to, defective pipes,
pipe joints, connection or manhole walls. Infiltration does not include,
and is distinguishable from, inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
The water discharged into a public sanitary sewage system,
including building drains and sewers, from such sources as, but not
limited to, roof leaders, cellar, yard and area drains; foundation
drains; unpolluted cooling water discharges; drains from springs and
swampy areas; manhole covers; cross-connection from storm sewer and/or
combined sewers; catch basins; stormwater; surface runoff; street
wash water; or drainage. Inflow does not include, and is distinguishable
from, infiltration.
A device designed and installed so as to separate and retain
for removal by automatic or manual means deleterious, hazardous or
objectionable waste, including but not limited to grease, oil or sand,
while permitting sanitary sewage or industrial waste to discharge
by gravity into a public sanitary sewage or on-site drainage system.
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 and results in a violation of any
requirement of the treatment plant's NPDES permit or prevents
biosolids use or disposal in compliance with applicable federal or
state statutes or regulations. The term includes those discharges
that cause a prevention of biosolids use or disposal by the treatment
plant in accordance with Section 405 of the Act (33 U.S.C. § 1345)
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA),[2] the Clean Air Act,[3] the Toxic Substances Control Act,[4] 40 CFR Part 503, or more stringent state criteria, including
those contained in any state biosolids management plan prepared pursuant
to Title IV of the SWDA or any more stringent DEP criteria, guidelines
or regulations pursuant to the Solid Waste Management Act (SWMA),[5] the Clean Streams Law (CSL),[6] or the Air Pollution Control Act (APCA)[7] applicable to the method of disposal or use employed by
the treatment plant, and those discharges that cause a pass-through
or disrupt operations at the treatment plant or in the public sanitary
sewage system.
A shaft or chamber leading from the surface of the ground
to a sewer, large enough to enable a man to gain access to the latter.
Milligrams per liter.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 40 CFR Chapter 1, Subchapter N, Parts 405 to 471, and Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial user or waste generator.
A permit issued under the National Pollutant Discharge Elimination
System (NPDES) for discharge of wastewater to the navigable waters
of the United States pursuant to Section 402 of the Clean Water Act,
as amended.[8]
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 Clean Water Act[9] 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; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building
structure, facility or installation are substantially independent
of an existing source at the same site.
In determining whether these are substantially independent,
factors such as the extent to which the new facility is integrated
with the existing plant and the extent to which the new facility is
engaged in the same general type of activity as the existing source
should be considered. Determination of new source status shall be
consistent with the provisions of 40 CFR 403.3(k)(1), (2) and (3).
Any user who contributes waste (including trucked industrial
waste, domestic holding tank waste or septage) to the treatment plant
by transporting or allowing the transport of such waste by vehicle
and allows or causes the discharge of said trucked waste into the
treatment plant at such a discharge point and under such conditions
as may be approved by the Authority.
Wastewater or sewage having an average daily total suspended
solids concentration of not more than 250 milligrams per liter (mg/L)
and an average daily BOD of not more than 250 milligrams per liter
(mg/L) and excluding toxic and/or flammable wastes.
Any wastes that can, in the Authority's judgment, harm
either the sewer system or treatment plant process or equipment; have
an adverse effect on the receiving stream; endanger life, health or
property; or which constitute a public nuisance.
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his authorized representative.
A discharge which exits the treatment plant into waters of
the United States in quantities or concentrations which, alone or
in conjunction with other discharges, is a cause of a violation of
the treatment plant's NPDES permit or of any applicable local,
state or federal water quality criteria (including an increase in
the magnitude or duration of a violation).
Includes an individual, a partnership, an association, a
corporation, a joint-stock company, a trust, an unincorporated association,
a governmental body, a political subdivision, a municipality, a municipal
authority or any other group or legally recognized entity. The masculine
gender shall include the feminine; the singular shall include the
plural where indicated by the context.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution indicating the degree of acidity
or alkalinity of a substance. pH shall be determined by one of the
accepted methods described in 40 CFR Part 136, and amendments thereto,
or by any other method approved by the EPA.
Any material that, when added to water, shall render that
water (either because of the nature or quantity of the material) unacceptable
for its original intended use, including, but not limited to, dredged
spoil; solid waste; incinerator residue; sewage; garbage; biosolids;
chemical wastes; biological materials; radioactive materials; heat;
sand; cellar dirt; and/or industrial, municipal, and agricultural
wastes.
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in a waste to a less harmful state prior to or in lieu of discharging
(either by a connected user or nonconnected user through a licensed
waste hauler) or otherwise introducing such pollutants into the public
sanitary sewage system. The reduction or alteration can be obtained
by physical, chemical or biological processes or by process changes
by other means.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user
or waste generator.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317), which applies to industrial users and including
prohibitive discharge limits established pursuant to 40 CFR 403.5.
The forward flow of waste through various treatment units
of the treatment plant, including primary clarifiers, aeration tanks,
secondary (final) clarifiers and chlorine contact tanks, and including
holding tank waste or trucked industrial waste discharged directly
into one of those treatment units.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product, excluding noncontact cooling water and boiler blowdown.
All sanitary sewers, all pumping stations, all force mains,
and all other sewage facilities owned or leased and operated by Easttown
Township tributary to the treatment plant for the collection, transportation
and treatment of sanitary sewage and industrial wastes and septage,
together with their appurtenances, and any additions, extensions or
improvements thereto. It shall also include sewers within Easttown
Township's service area which serve one or more persons and discharge
into the public sanitary sewage system even though those sewers may
not have been constructed by Easttown Township and are not owned or
maintained by Easttown Township. It does not include separate storm
sewers or culverts which have been constructed for the sole purpose
of carrying stormwater or surface runoff, the discharge from which
is not and does not become tributary to the treatment plant.
Refers to the report required by 40 CFR 403.12(d), to be
submitted by all industrial users or waste generators subject to National
Categorical Pretreatment Standards.
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-making or decisionmaking functions
for the corporation.
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.
A general partner or proprietor if the industrial user submitting
the reports required by Paragraphs (b), (d) and (e) of 40 CFR 403.12
is a partnership or sole proprietorship, respectively.
A duly authorized representative of the individual designated in Subsection A or B of this definition if:
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, operator of a well, or well field superintendent, or
a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
The written authorization is submitted to the control authority.
If an authorization under Subsection D of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection D must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
Wastes originating from domestic users containing human and
customary household wastes, or such wastes from commercial or industrial
establishments, but excluding industrial wastes.
Any pipe or conduit constituting a part of the sewer system,
or usable for sewage collection purposes, which carries wastewater
and to which stormwater, surface water and groundwater are not admitted
and which discharges to the treatment plant owned by the Valley Forge
Sewer Authority.
Refers to household waste from normal household functions,
or such waste from commercial or industrial establishments, concentrated
or treated in such a manner so as to concentrate the total suspended
solids in such waste to a level at which it is treatable through the
septage discharge station at the treatment plant.
One of the locations at the treatment plant designated by
the Authority to receive septage, holding tank waste or trucked industrial
waste which is not discharged directly into the process stream of
the treatment plant.
Any sanitary sewage or industrial wastes, carried either
separately or in combination, that are discharged into the public
sanitary sewage system by a connected user, or any trucked industrial
waste or holding tank waste generated by a waste generator and transported
to the treatment plant by a licensed waste hauler and discharged into
the process stream of the treatment plant as a Tier I waste.
"Shall" is mandatory; "may" is permissive.
Except as provided in Subsection C of this definition, shall
mean:
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; and
Any other industrial user that discharges an average of 25,000
gallons per day or more of process waste to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewater); 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 Authority 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
(in accordance with 40 CFR 403.8(f)(6).
Upon a finding that an industrial user meeting the criteria in Subsection B of this definition 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 an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
A violation by an industrial user meeting one or more of
the following criteria [40 CFR 403.8(f)(2)(vii)]:
[Amended 2-17-2009 by Ord. No. 389-09]
Chronic violations of waste discharge limits, defined here as
those in which 66% or more of all of the measurements taken during
a six-month period exceed, by any magnitude, the daily maximum, average
or instantaneous limit for the same pollutant parameter.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum, average or instantaneous limit multiplied by
the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease,
and 1.2 for all other pollutants, except pH).
Any other violation of a pretreatment effluent limit (daily
maximum, instantaneous limit or longer-term average) that the control
authority determines has caused, alone or in combination with other
discharges, interference or pass-through (including endangering the
health of POTW personnel or the general public).
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority [40 CFR 403.8(f)(1)(vi)(B)]
to halt or prevent such a discharge.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance.
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations, including a violation
of best management practices, which the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any categorical waste generator;
Any other waste generator which:
Discharges a flow of 10,000 gallons or more process waste per
day to the treatment plant;
Contributes a process waste which makes up 5% or more of the
average dry weather hydraulic flow or 5% or more of the organic (BOD)
capacity of the treatment plant; or
Is designated by the Authority, EPA or DEP to have a reasonable
potential, either singly or in combination with other users, for adversely
affecting the operation of the public sanitary sewer system and/or
the treatment plant (either its operational efficiency, effluent quality
or quality of the biosolids produced by said facility) or for violating
any pretreatment standard or requirement.
Any solid material containing large amounts of entrained
water collected during water or wastewater treatment which may be
recycled.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
That portion of the precipitation that runs off over the
surface during a storm and for a short period following a storm and
enters the sewer system and causes the flow at the treatment plant
to exceed the normal or ordinary flow.
A waste generated by any user that is required, by the Authority,
to be discharged directly into the process stream of the treatment
plant. The Authority's determination is based on waste characteristics,
including but not limited to total suspended solids and BOD concentration.
This category of waste may include but is not limited to most holding
tank wastes, industrial wastes and sanitary landfill leachates.
A waste generated by any user that is transported to the
treatment plant by a licensed waste hauler and is required, by the
Authority, to be discharged into the septage discharge station at
the treatment plant. The Authority's determination is based on
waste characteristics, including but not limited to total suspended
solids and BOD concentration. This category of waste may include but
is not limited to most septages, biosolids and sludges.
The sum of the total suspended solids in milligrams per liter
(mg/L) and dissolved solids in milligrams per liter (mg/L), as determined
by one of the acceptable methods described in 40 CFR Part 136, and
amendments thereto, or by any other method approved by the EPA.
Solids that either float to the surface or are in suspension
in water, sewage, industrial waste or other liquids and which are
removable by laboratory filtration. The quantity of total suspended
solids shall be determined by one of the acceptable methods described
in 40 CFR Part 136, and amendments thereto, or by any other method
approved by the EPA.
The Township of Easttown, Chester County, Pennsylvania.[10]
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the administrator of the EPA under the
provisions of CWA 307(a)[11] or other acts.
The structures, equipment and processes owned by the Valley
Forge Sewer Authority and required to collect, transport and treat
domestic and industrial waste and to treat trucked industrial waste,
holding tank waste and septage and to dispose of the effluent and
accumulated residual solids.
Any liquid, solid or gaseous substance, whether or not solids are contained therein, produced by any user during the course of any industrial, manufacturing, trade, or business process or in the course of development, recovery or processing of natural resources, as distinct from sanitary sewage, that is permitted in accordance with § 345-43 of this article and that is transported by vehicle and discharged to the treatment plant by a waste hauler licensed in accordance with § 345-43 of this article. Leachates from sanitary landfills shall be considered trucked industrial waste.
Any person who contributes, causes or permits the contribution
of wastewater or waste into the Authority's treatment plant.
Refers to any sewage (or wastewater), trucked industrial
waste, holding tank waste or septage.
Refers to any nonconnected user of the treatment plant.
Refers to a person licensed by the Authority under § 345-43 of this article to transport and discharge trucked industrial waste (generated by a permitted waste generator) or holding tank waste or septage at the treatment plant.
The license issued by the Authority pursuant to § 345-43 of this article which allows the discharge of domestic holding tank waste, septage or trucked industrial waste transported to the treatment plant in an over-the-road vehicle.
Refers to the permit issued by the Authority to a significant waste generator for a particular trucked industrial waste pursuant to § 345-43 of this article.
[1]
Editor's Note: See 33 U.S.C. § 1317(b), (c) and
(d).
[2]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[3]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[4]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[5]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
[7]
Editor's Note: See 35 P.S. § 4001 et seq.
[8]
Editor's Note: See 33 U.S.C. § 1342.
[9]
Editor's Note: See 33 U.S.C. § 1317(c).
[11]
Editor's Note: See 33 U.S.C. § 1317(a).
No user shall contribute or cause to be contributed, directly
or indirectly, any pollutant or waste which will cause pass-through
or interference with the operation or performance of the treatment
plant. These general prohibitions apply to all such users of the treatment
plant whether or not the user is subject to National Categorical Pretreatment
Standards or any other national, state or local pretreatment standards
or requirements. The following limitations and prohibitions shall
apply to all users of the treatment plant:
A.
Unpolluted water or waste prohibition. No person shall discharge
to the public sanitary sewage system unpolluted water or waste capable
of being disposed of by any means other than discharge into the public
sanitary sewage system, including but not limited to noncontact cooling
water, except under such conditions as may be authorized in a permit
issued by the Authority pursuant to this article.
B.
Stormwater prohibition. No person shall discharge to the public sanitary
sewage system any amount of unpolluted stormwater, including but not
limited to surface water, foundation drainwater, groundwater, roof
runoff or surface drainage. All connections which would result in
the discharge of inflow are hereby specifically prohibited.
C.
Dilution of wastes prohibited. 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 pretreatment to achieve
compliance with the limitations contained in the National Categorical
Pretreatment Standards or in any other pollutant-specific limitation
developed by the Authority or DEP.
D.
Grease and oil prohibitions. No person shall discharge to the public
sanitary sewage system any grease, oils or grease interceptor wastes
capable of being disposed of by any means other than discharge into
the public sanitary sewage system, except under such conditions as
may be authorized in a permit issued by the Authority pursuant to
this article. In addition, discharge of petroleum oil, nonbiodegradable
cutting oil, or products of mineral oil origin in amounts causing
interference or pass-through at the treatment plant is prohibited.
E.
Other general prohibitions. Except as otherwise provided, no person
shall discharge or cause to be discharged any waste or other matter
or substance:
(1)
That could cause pass-through or interference, alone or in conjunction
with a waste or wastes from other sources.
(2)
Containing any liquids, solids or gases which, by reason of their
nature or quantity, are, or may be, sufficient either alone or by
interaction with other substances to cause fire or explosion or be
injurious in any other way to the treatment plant or to the operation
of the treatment plant.
(3)
Containing any noxious or malodorous or toxic gases/vapors/fumes
or substance which, alone or by interaction with other wastes, is
capable of creating a public nuisance or hazard to life or preventing
entry into sewers for their maintenance and repair. The discharge
of wastes that result in gases, vapors or fumes in quantities that
could cause worker health or safety problems at the treatment plant
is specifically prohibited.
(4)
Containing garbage that is not ground garbage.
(5)
Containing any solid or viscous substances in quantities or of size
capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the treatment plant. Such substances
include but are not limited to ashes, cinders, sand, mud, straw, shavings,
metal, glass, bones, rags, feathers, tar, plastic, wood, paunch manure,
butchers offal, whole blood, bentonite, lye, building materials, rubber,
hair, leather, porcelain, china, ceramic wastes, asphalt, paint and
waxes.
(6)
Containing a toxic pollutant or poisonous substance in sufficient
quantity, either singly or by interaction with any sewage treatment
process, to constitute a hazard to humans or animals or to create
any hazard in the receiving stream of the treatment plant or that
exceeds any applicable limitation set forth in a National Categorical
Pretreatment Standard.
(7)
Containing total solids, total suspended solids or BOD of such character
or quantity that unusual attention or expense is required to handle
such materials at the treatment plant, except as may be approved by
the Authority or as may be otherwise provided herein.
(8)
Containing any radioactive wastes or isotopes except in compliance
with applicable state or federal regulations.
(9)
Prohibited by any permit issued by the Commonwealth of Pennsylvania
or by the EPA or any other federal agency.
(10)
That constitute a slug as defined in this article.
The discharge of the following wastes into the treatment plant
is hereby specifically prohibited:
A.
Wastes containing more than 100 milligrams per liter (mg/L) of grease
and oil, if the grease and oil is of unknown or petroleum origin in
a Tier I or Tier II waste; or containing more than 200 milligrams
per liter (mg/L) of grease and oil in a Tier I waste or more than
10,000 milligrams per liter (mg/L) of grease and oil in a Tier II
waste, if the grease and oil is determined to be of an animal or vegetable
origin. The differentiation between grease and oil of animal/vegetable
origin and those of petroleum origin shall be made by the Authority.
B.
Wastes having a temperature higher than 150° F. or less than
32° F., but in no case heat in such quantities that the temperature
of the influent to the treatment plant exceeds 104° F. or inhibits
the biological activity of the treatment plant.
C.
Wastes having a closed-cup flashpoint of less than 140° F., as
determined by a method listed under 40 CFR 261.21, and amendments
thereto, are specifically prohibited. At no time shall two successive
readings on an explosion hazard meter at the point of discharge into
the system (or at any point in the system) be more than 5%, nor any
single reading over 10%, of the lower explosive limit (LEL) of the
meter.
D.
Wastes having a pH lower than 6.0 or greater than 9.5 in a Tier I
waste or a pH lower the 5.0 or greater the 9.5 in a Tier II waste
or having any corrosive or scale-forming property capable of causing
damage or hazards to structures, equipment, bacterial action, or health
or safety hazards to operating personnel or the sewer system or the
treatment plant.
E.
Wastes that exceed any of the following concentrations in a discharge
to the process stream of the treatment plant from a connected user
as sewage or Tier I waste or from a nonconnected discharge (through
a licensed waste hauler) as a Tier I waste in a daily composite sample
or grab sample:
|
Tier I Limits
| |||
|---|---|---|---|
|
Parameter
|
Limitation
|
Units
| |
|
Arsenic (total)
|
0.04
|
mg/L
| |
|
Cadmium (total)
|
0.09
|
mg/L
| |
|
Chromium (total)
|
6.00
|
mg/L
| |
|
Chromium (hexavalent)
|
1.00
|
mg/L
| |
|
Copper (total)
|
1.00
|
mg/L
| |
|
Cyanide (total)
|
0.26
|
mg/L
| |
|
Lead (total)
|
0.10
|
mg/L
| |
|
Mercury (total)
|
0.02
|
mg/L
| |
|
Nickel (total)
|
0.90
|
mg/L
| |
|
Silver (total)
|
0.08
|
mg/L
| |
|
Zinc (total)
|
1.00
|
mg/L
| |
|
PCBs (total)
|
ND (not detectable)
|
mg/L
| |
F.
Wastes that exceed any of the following concentrations in a discharge
to the septage discharge station of the treatment plant from a nonconnected
discharge (through a licensed waste hauler) as a Tier II waste in
a grab sample or daily composite sample:
|
Tier II Limits
| |||
|---|---|---|---|
|
Parameter
|
Limitation
|
Units
| |
|
Arsenic (total)
|
6.0000
|
mg/L
| |
|
Cadmium (total)
|
0.5000
|
mg/L
| |
|
Chromium (total)
|
21.0000
|
mg/L
| |
|
Chromium (hexavalent)
|
2.0000
|
mg/L
| |
|
Copper (total)
|
100.0000
|
mg/L
| |
|
Cyanide (total)
|
0.2600
|
mg/L
| |
|
Mercury (total)
|
0.7000
|
mg/L
| |
|
Lead (total)
|
39.0000
|
mg/L
| |
|
Nickel (total)
|
5.0000
|
mg/L
| |
|
Silver (total)
|
5.0000
|
mg/L
| |
|
Zinc (total)
|
95.0000
|
mg/L
| |
|
PCBs (total)
|
ND (not detectable)
|
mg/L
| |
G.
Individual control limits. If the Authority determines that a waste
from any significant industrial user or significant waste generator
poses a unique potential for pass-through or interference due to the
quality or quantity of the discharge, the Authority shall place special
requirements or limits, in excess of those contained in this article,
in any industrial waste discharge permit or waste permit to prevent
such pass-through or interference. Such individual control limits
may include but are not limited to solvent/toxic organic management
plans (STOMPs), toxic reduction evaluation plans (TREs), hazardous
waste disposal plans, slug discharge control plans or specific numerical
limitations on substances.
H.
Any pollutant, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which will cause interference with or pass-through at the treatment
plant.
I.
Wastes containing color from any source that, when diluted with distilled
water 1:10, will have a luminescence of 10% or greater and a purity
of 90% or less at its dominant wavelength by the Tristimulus Method
or containing any objectionable color not removed by the treatment
process utilized by the Authority.
J.
Wastes containing more than 10 milligrams per liter (mg/L) of hydrogen
sulfide, sulfur dioxide or nitrous oxide as determined by a method
referenced in 40 CFR Part 136, and amendments thereto, or any method
approved by EPA.
A.
Primacy of state and federal requirements. Nothing in this section
shall be construed to provide lesser discharge standards than are
presently or may hereafter be imposed and required by the EPA or DEP.
B.
National Categorical Pretreatment Standards. The National Categorical Pretreatment Standards, as defined in § 345-34, Definitions, and promulgated by the EPA as of May 9, 1994, and the National Prohibitive Discharge Standards, as defined in § 345-34 and promulgated by the EPA as of May 9, 1994, are specifically incorporated herein by reference. A National Categorical Pretreatment Standard or a National Prohibitive Discharge Standard and Pretreatment Standard, as defined in § 345-34 and promulgated by the EPA subsequent to May 9, 1994, is specifically incorporated by reference upon publication in the Federal Register as final rule-making. Any EPA standard as defined above which is more stringent than that imposed under this article shall immediately supersede the less stringent requirement upon incorporation by reference as provided herein.
C.
Pennsylvania state standards. Upon the promulgation of any Pennsylvania
state (DEP) standards or requirements, the DEP standards or requirements
shall immediately supersede the limitations imposed under this article
if the DEP standards are more stringent than federal limitations or
requirements or the limitations and requirements imposed under this
article.
A.
Accidental discharge and slug discharge prevention. All users shall
provide and maintain at their own expense facilities adequate, in
the judgment of the Authority, to prevent accidental discharge of
prohibited and/or regulated substances and/or slug discharges and
to protect the public sanitary sewage system from damages caused by
such substances. No industrial user or significant waste generator
which commences discharge to the treatment plant after the effective
date of this article shall be permitted to introduce pollutants into
the treatment plant until the Authority has reviewed and approved
that user's accidental discharge prevention or slug prevention
procedures (if those procedures are required by the Authority). Users
designated as SIUs after October 14, 2005, must be evaluated for the
need for a slug control discharge plan within one year of designation.
If the Authority decides a slug control plan is needed, the plan shall
contain, at a minimum, the following elements:
[Amended 2-17-2009 by Ord. No. 389-09]
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition under 40
CFR 403.5(b), with procedures for follow-up written notification within
five days; and
(4)
If necessary, procedures to prevent adverse impact from accidental
spills, including 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 necessary for emergency response.
B.
Accidental and/or slug discharge notification. In the case of an
accidental and/or slug discharge to the treatment plant, the user
shall immediately telephone and notify the Authority of the accident.
The notification shall include information regarding the location
of the discharge, the type of pollutants involved, the concentration
and volume of the discharge and corrective actions taken and/or contemplated.
C.
Accidental and/or slug discharge report. Within five working days
following an accidental and/or slug discharge, the user shall submit
to the Authority a detailed written report describing the cause 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 treatment plant, fish kills,
or any other damage to person or property, nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by this article or other applicable law.
D.
Employee notice concerning accidental and/or slug discharge. A notice
shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a
dangerous discharge. Employers shall insure that all employees who
may cause or suffer such a dangerous discharge to occur are advised
of the emergency notification procedure.
A.
Interceptors required. Grease, oil and sand interceptors or retainers
shall be installed by the user at his own expense when, in the opinion
of the Authority, such are necessary for the proper handling of liquid
wastes containing grease, oil or sand in excessive amounts and of
such other harmful ingredients. Such interceptors shall be of a type
and capacity approved by the Authority and shall be located as to
be readily and easily accessible for cleaning by the user and for
inspection by the Authority.
B.
Interceptor maintenance. Where installed, all grease, oil and sand
interceptors shall be maintained by the user, at his own expense,
and shall be kept in continuous and efficient operation at all times.
General notification requirements. All users shall notify, in
writing, the EPA, DEP, the Authority, and the Township of any discharge
of a substance whereby if otherwise disposed of would be hazardous
waste (listed or characteristic under Section 3001 of RCRA[1]) into the public sanitary sewage system per the requirements
of 40 CFR 403.12(p)(1) through (4).
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
A.
Surcharges required. Although the sewage treatment works will be
capable of treating certain industrial wastes, the actual treatment
of such wastes may increase the cost of operating and maintaining
the public sanitary sewage system. Therefore, there will be imposed
upon each user discharging such waste into the public sanitary sewage
system a surcharge or surcharges which are intended to cover such
additional costs. Such surcharges shall be in addition to regular
sewage service charges and shall be payable as herein provided.
B.
Determination of surcharges.
(1)
The strength of any industrial or commercial waste discharge which is to be subject to a surcharge as determined by Subsection C of this section shall be determined quarterly, or more frequently, as the Authority shall determine. The surcharge shall be determined from samples taken either at the manhole or metering chamber referred to in this article or at any other sampling point mutually agreed upon by the Authority and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of the Authority, will permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff.
(2)
Samples shall be collected or their collection supervised by a representative
of the Authority and will be samples that reasonably reflect the characteristics
of the waste. Except as hereinafter provided, the strength of waste
so found by analysis shall be used for establishing the surcharge
or surcharges. However, the Authority may, if it so elects, accept
the results of routine sampling and analyses by the producer of such
wastes in lieu of making its own sampling and analyses.
C.
Calculation of surcharges. In the event that, after sampling and analysis as prescribed in Subsection B hereof, any industrial or commercial waste is found by the Authority to have pollutants of BOD concentration in excess of 250 milligrams per liter (mg/L) and/or total suspended solids concentration in excess of 250 milligrams per liter (mg/L), the producer of said waste shall pay a strength of waste surcharge in addition to the regular sewage service charge, which surcharge shall be computed by using the following formula:
|
S = 0.00834 QI [(BODI - 250) TA + (TSSI -
250) TB]
| ||
|
Where:
| ||
|
S is the surcharge to be added to the basic user charge.
| ||
|
QI is the industrial or commercial waste
flow expressed in million gallons.
| ||
|
0.00834 is a constant to convert waste concentration.
| ||
|
BODI and TSSI are
the respective concentrations of BOD and total suspended solids of
the industrial or commercial waste expressed in milligrams per liter
(mg/L).
| ||
|
250 is a constant which expresses the waste load concentrations
of BOD and total suspended solids for normal domestic strength sewage
in milligrams per liter (mg/L).
| ||
|
TA and TB are
actual treatment costs incurred by the Authority per 1,000 pounds
of BOD and total suspended solids, respectively. These costs are determined
annually by the Authority based upon actual costs of operation and
maintenance.
| ||
|
When a value of BOD and/or total suspended solids is less than
250 milligrams per liter (mg/L), then 250 milligrams per liter (mg/L)
shall be used in the calculation of the surcharge.
| ||
D.
Sampling fees and schedules. All industrial or commercial users and
all significant waste generators shall be assessed a fee or service
charge for each sampling to be performed by the Authority. The fees
to the user for each sampling shall include charges, as determined
by the Authority, for sample collection, analysis and administrative
services and shall be in addition to any costs of sample collection
and analysis which the user performs or has performed independently
or privately.
Only sanitary sewage may be discharged into the public sanitary
sewage system, except as may be authorized by the Authority in accordance
with the provisions of this article concerning industrial waste discharge
permits, waste hauler licenses, waste generator permits and commercial
discharge permits.
A.
Permits and licenses required. No sanitary sewage, industrial waste,
trucked industrial waste, holding tank waste or septage shall be discharged
to the treatment plant from any significant industrial user, significant
waste generator or waste hauler other than that for which the following
permits or licenses have been issued:
B.
Commercial discharge permits. When determined by the Authority, a
commercial establishment may be required to obtain a commercial discharge
permit.
C.
Permit and license applications.
(1)
All industrial users, waste generators and waste haulers proposing to contribute to the public sanitary sewage system shall make application for a permit or license according to Subsections A and B of this section. All existing significant industrial users, significant waste generators and waste haulers contributing to the treatment plant at the time of the adoption of this article shall apply for a permit or license within 30 days after the adoption of this article and shall obtain a permit or license within 90 days after the effective date of this article. Any user required to apply for a permit or license shall complete and file an application form approved by the Authority, accompanied by a nonreturnable processing fee to be set by the Authority. Proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the treatment plant. In support of the application for an industrial waste discharge permit, commercial discharge permit, waste permit or waste hauler license, the user may be required to submit, in units and terms appropriate for evaluation, any of the following information, including but not limited to:
(a)
Name, address, location, phone number;
(b)
Standard Industrial Classification (SIC) number according to
the Standard Industrial Classification Manual, Bureau of the Budget,
1987;
(c)
Names of responsible individuals;
(d)
Waste constituents and characteristics, before and after pretreatment,
as determined by a reliable analytical laboratory;
(e)
Time and duration of contribution;
(f)
Average daily waste flow rates and/or estimated or required
daily discharge volumes and frequency, including daily, monthly and
seasonal variations, if any;
(g)
Site plans, plumbing plans and details to show all sewers, sewer
connections, and appurtenances by the size, location and elevation;
(h)
Description of activities and plant processes on the premises,
including all materials which are or could be discharged;
(i)
Description of waste to be discharged;
(j)
Where known, the nature and concentration of any pollutants in the discharge which are limited by the Authority, state or federal pretreatment standards, and a statement reviewed by an authorized representative of the user (as defined in § 345-34 of this article) and certified to by a qualified professional, indicating whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional pretreatment is required for the user to meet applicable pretreatment standards;
(k)
If additional pretreatment and/or operation and maintenance
(O&M) will be required to meet pretreatment standards, the shortest
schedule by which the user will provide such additional pretreatment.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard;
(l)
Make, model, year, capacity and vehicle registration number
of all vehicles to be used for transportation and discharge at the
treatment plant;
(m)
Number and type of employees and hours of operation of plant
and proposed or actual hours of operation of pretreatment system;
and
(n)
Any other information as may be deemed by the Authority to be
necessary to evaluate the permit application.
(2)
The Township or the Authority shall also have, at its discretion,
the right to inspect the premises, equipment and material, and laboratory
testing facilities of the applicant. The completed application shall
be signed by the user's responsible individuals. The Authority
will evaluate the data furnished by the user for completeness and
may require additional information. After evaluation and acceptance
of the data furnished as a complete application, the Authority may
for cause shown either refuse to issue or may issue a permit or license
subject to terms and conditions provided herein.
(3)
If the application for a permit or license is denied by the Authority,
or if the discharge indicated from the application is not in accordance
with the requirements of this article, the user may have the Authority
review the denial, provided the user shall give written notice of
his request within 30 days after receiving the denial. The Authority
shall review the permit application, the written denial, and such
other evidence and matters as the applicant shall present at a public
hearing following receipt of request for its review, and the decision
of the Authority rendered publicly shall be final.
D.
Terms and conditions of permits and licenses. Permits and licenses
may include any of the following terms and conditions, including,
but not limited to:
(1)
Maximum discharge flow rate;
(2)
Term of permit;
(3)
Definitions;
(4)
General limitations;
(5)
Specific limitations;
(6)
Special conditions;
(7)
Self-monitoring requirements (including sampling, reporting, notification
and recordkeeping);
(8)
Reopener clause;
(9)
Compliance schedules (if required);
(10)
Statements of applicable civil and criminal penalties;
(11)
Statement of nontransferability; or
(12)
Best management practices.
[Added 2-17-2009 by Ord. No. 389-09]
E.
Industrial waste discharge permit and commercial discharge permit.
Industrial waste discharge permits and commercial discharge permits
shall be issued for a specified time period, not to exceed five years.
The user shall apply for permit reissuance a minimum of 90 days prior
to the expiration of the user's existing permit, accompanied
by a nonreturnable processing fee to be set from time to time by resolution
of the Authority. The terms and conditions of the permit may be subject
to modification by the Authority during the term of the permit to
accommodate changing conditions and as local, state and federal laws,
rules and regulations are modified or amended, or other just cause
exists. The user shall be informed of any proposed changes in his
permit at least 60 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable
time schedule for compliance, including a comment period which shall
be the first 30 days of the sixty-day period prior to the effective
date of change.
F.
Waste permit and waste hauler license duration. Waste permits and
waste hauler licenses shall be issued for a specified time period,
not to exceed one year. Each significant waste generator or waste
hauler shall apply for a waste permit or waste hauler license reissuance
a minimum of 30 days prior to the expiration of the existing permit
or license, accompanied by a nonreturnable processing fee to be set
from time to time by resolution of the Authority. The terms and conditions
of the waste permit or waste hauler license shall be subject to modification
by the Authority during the term of the permit or license to accommodate
changing conditions and as local, state and federal laws, rules and
regulations are modified or amended, or other just cause exists.
G.
Permit and license transfer. Permits and licenses are issued to a
specific operation. No permit or license shall be assigned or transferred
or sold to a new owner, new user, different premises, or a new or
changed operation without the prior approval of the Authority upon
written application therefor accompanied by a nonreturnable processing
fee to be set from time to time by resolution of the Authority. Any
succeeding owner or user shall also comply with the terms and conditions
of the existing permit or license.
H.
Revocation of permits and licenses. All permits and licenses are subject to revocation according to the provisions outlined in § 345-44 of this article.
(1)
In the event that any discharge of material to a sewer shall materially
and substantially differ in type or volume from that shown in the
application or permit, the person and user shall immediately cease
and desist from such discharge.
(2)
The Township or Authority may suspend any permit, license, and/or
waste treatment service when such suspension is necessary, in the
judgment of the Township or Authority, in order to stop a discharge
which presents a hazard to the public health, safety, or welfare,
to the environment or operations at the Authority's treatment
plant or upon a finding that the discharger has violated any provisions
of this article. Any discharger notified of such a suspension shall
immediately stop the discharge of all wastes into the system. The
Township or Authority may reinstate the permit or license upon proof
of satisfactory compliance with all discharge requirements of this
article and all other requirements of the Township or Authority.
(3)
In the event of a failure of a person to comply voluntarily with
the suspension order, the Township or Authority may take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the system or endangerment to any
individuals. The Township or Authority may reinstate the permit, license
and/or the waste treatment service upon proof of the elimination of
the noncomplying discharge. A detailed written statement submitted
by the user describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be submitted
to the Township or Authority within 15 days of the date of the occurrence.
An industrial waste discharge permit or a hauler license or
a waste permit or a commercial discharge permit may be revoked by
the Township or Authority for including but not limited to the following
causes:
A.
Failure of a permittee or licensee to accurately report his wastewater
characteristics;
B.
Failure of a permittee to report significant changes in operations
which affect wastewater characteristics;
C.
Refusal of access to the permittee's premises or licensee's
vehicle for the purpose of inspection or monitoring;
D.
Any violation of any condition of any permit or license or this article;
E.
Falsification of self-monitoring reports;
F.
Application falsification;
G.
Tampering with monitoring equipment; or
H.
Failure to meet compliance schedule.
A.
Compliance schedules required. If additional pretreatment and/or
operation and maintenance procedures are required for a permittee
to meet all applicable regulations contained herein, the shortest
schedule by which the permittee can provide such additional pretreatment
and/or operation and maintenance procedures may be issued by the Authority
or submitted by the permittee to the Authority for review and approval.
The completion date for this schedule shall not be later than the
compliance date established for applicable pretreatment standards.
The Authority shall have the right to deny or to require the modification
of proposed compliance schedules.
B.
Compliance schedule increments of progress. The schedule shall contain
increments of progress in the form of dates for the commencement and
completion of major events leading to the construction and operation
of additional pretreatment required for the permittee to meet the
applicable pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction,
etc.).
C.
Time limits for increments of progress. No increment of progress
shall exceed nine months.
D.
Compliance schedule compliance reports. Not later than 14 days following
each date in the schedule and the final date for compliance, the user
shall submit a progress report to the Authority, including, as a minimum,
whether or not it complied with the increment of progress to be met
on such date and, if not, the date on which the user expects to comply
with this increment of progress, the reason for delay, and the steps
being taken by the permittee to return to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Authority. Failure to meet required milestone dates
shall constitute a violation of this article.
A.
Record retention requirements. All users shall maintain and retain
all records, including but not limited to documentation associated
with best management practices, relating to wastewater discharged
for a period of not less than three years and shall afford the Authority
access thereto at all reasonable times. This period of retention shall
be extended during the course of any unresolved litigation. Such records
shall include for all samples:
[Amended 2-17-2009 by Ord. No. 389-09]
B.
Availability of records. All records maintained by users relating
to compliance with pretreatment standards shall be made available
to officials of the EPA, DEP, Easttown Township, and Authority for
inspection and copying upon request.
As a condition precedent to the issuance of an industrial waste
discharge permit, the Authority shall require industrial users to
enter into agreements with the Authority containing such provisions
as the Authority deems appropriate in furtherance of its effort to
comply with regulations promulgated by the EPA in 40 CFR Part 403.
Industrial users shall comply with federal, state and local statutes,
ordinance rules and regulations, and with the provisions of such agreements
and, in the event of conflict between provisions, shall comply with
whichever provision on a particular matter is most stringent or more
strict.
A.
General. Users shall provide necessary pretreatment as required to comply with this article and shall achieve compliance with all National Categorical Pretreatment Standards within time limitations as specified in 40 CFR Part 403 and amendments thereto. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures and approval of such plans as required by Subsection C of this section shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.
B.
Purposes and pretreatment. The Authority may require the owner of
an improved property to construct, operate and maintain at his expense
a pretreatment facility when, in the opinion of the Authority, such
facility is necessary to reduce quantities and/or concentrations of
pollutants or flows to:
C.
Review and approval of pretreatment facilities. If required by the
Authority, no pretreatment plant and facilities shall be constructed
or operated unless all plans, specifications, technical operating
data, and other information pertinent to its proposed operation and
maintenance are reviewed by the Authority and found by the Authority
to conform to all Authority regulations, and, unless written approval
of the plans, specifications, technical operating data and biosolids
disposal methods has been obtained by the Authority from the EPA,
the Commonwealth of Pennsylvania, and any other local, state or federal
agency having regulatory authority with respect thereto, providing
such approval is required by those agencies.
D.
Pretreatment facility maintenance requirement. All such pretreatment
facilities as required by this article shall be maintained continuously
in satisfactory and effective operating conditions by the user or
person operating and maintaining the facility served thereby, and
at the user's expense. The Township and the Authority shall have
access to such facilities at all reasonable times for purposes of
inspection and testing.
E.
Rejection of waste if not adequately pretreated. The Township and
Authority reserve the right to reject admission to the system of any
waste harmful to the public sanitary sewage system or to the receiving
stream, to compel discontinuance of use of the public sanitary sewage
system or to compel pretreatment of industrial wastes in order to
prevent discharges deemed harmful to or having a deleterious effect
upon any portion of the public sanitary sewage system or receiving
stream.
A.
Self-monitoring reports.
[Amended 2-17-2009 by Ord. No. 389-09]
(1)
All significant industrial users shall submit at least at least twice
annually to the Authority a self-monitoring report on a form approved
by the Authority indicating the nature and concentration of pollutants
in the waste discharged to the Authority treatment plant which are
of particular concern to the Authority and which are limited by this
article. The waste characteristics to be measured and reported shall
be determined by the Authority and specified in the industrial waste
discharge permit or waste permit. All wastewater samples must be representative
of the user's discharge. In cases where the resolution requires
compliance with a best management practice or pollution prevention
alternative, the user shall submit documentation as required by the
Authority to determine compliance of the user. If an industrial user
monitors any pollutant more frequently than required by the Authority,
using the procedures prescribed in 40 CFR 403.12(g)(4), the results
of this monitoring shall be included in the report. In addition, this
report shall include flow information for the reporting period and
shall be signed by the user's responsible individuals. This report
shall be received by the Authority no later than the 30th day of the
month following the quarter for which the report is required.
(2)
All categorical industrial users and categorical waste generators
shall submit at least twice annually to the Authority a self-monitoring
report on a form approved by the Authority indicating the nature and
concentration of pollutants in the waste discharged to the Authority
treatment plant which are of particular concern to the Authority and
which are limited by this article. The waste characteristics to be
measured and reported shall be determined by the Authority and specified
in the industrial waste discharge permit or waste permit. All wastewater
samples must be representative of the user's discharge, and,
for all parameters required to be analyzed utilizing a grab sample,
a minimum of one grab sample must be collected and analyzed for each
parameter. In cases where the resolution requires compliance with
a best management practice or pollution prevention alternative, the
user shall submit documentation as required by the Authority to determine
compliance of the user. If a categorical industrial user or categorical
waste generator monitors any pollutant more frequently than required
by the Authority, using the procedures prescribed in 40 CPR 403.12(g)(4),
the results of this monitoring shall be included in the report. In
addition, this report shall include flow information for the reporting
period and shall be signed by the user's responsible individuals.
This report shall be received by the Authority no later than the 30th
day of the month following the period for which the report is required.
(3)
All significant waste generators shall submit at least annually to
the Authority a self-monitoring report on a form approved by the Authority
indicating the nature and concentration of pollutants in the waste
discharged to the Authority treatment plant which are of particular
concern to the Authority and which are limited by this article. The
waste characteristics to be measured and reported shall be determined
by the Authority and specified in the industrial waste discharge permit
or waste permit. All wastewater samples must be representative of
the user's discharge and, for all parameters required to be analyzed
utilizing a grab sample, a minimum of one grab sample must be collected
and analyzed for each parameter. In cases where the resolution requires
compliance with a best management practice or pollution prevention
alternative, the user shall submit documentation as required by the
Authority to determine compliance of the user. If a significant waste
generator monitors any pollutant more frequently than required by
the Authority, using the procedures prescribed in 40 CFR 403.12(g)(4),
the results of this monitoring shall be included in the report. In
addition, this report shall include flow information for the reporting
period and shall be signed by the user's responsible individuals.
This report shall be received by the Authority no later than the 30th
day of the month following the period for which the report is required.
B.
Responsible individuals. All significant industrial users, significant
waste generators, licensed waste haulers and industrial users issued
commercial discharge permits shall designate responsible individuals
as described by this article.
C.
Signatory requirements. All reports submitted pursuant to requirements
outlined in this article, including but not limited to the baseline
monitoring report, the self-monitoring report and the report on compliance
with National Categorical Pretreatment Standards or ninety-day compliance
report, shall be signed by the user's responsible individuals.
D.
Certification requirements. All reports referenced in this section, as well as industrial waste discharge permit applications, waste permit applications and waste hauler license applications submitted pursuant to § 345-42 of this article, shall include the following statement:
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"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 quality 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."
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E.
Monitoring manholes. Whenever required by the Township or the Authority,
the owner of any property served by a building sewer carrying wastewater
and material shall install a large manhole or sampling chamber, flow-metering
chamber, flow-monitoring equipment, pH-monitoring equipment and other
appurtenances in the building sewer to facilitate the observation,
sampling and measurement of the combined flow of wastes from the user's
premises into the public sanitary sewage system. These monitoring
facilities shall be constructed in accordance with plans and specifications
approved by the Township or the Authority and installed and maintained
at all times at the user's expense. There shall be ample room
in each sampling chamber to accurately sample and composite samples
for analysis. The chamber shall be safely and easily and independently
(of other premises and buildings of users) accessible to authorized
representatives of the Township and Authority at all times. When construction
of a sampling chamber and monitoring facilities are not economically
or otherwise feasible in the opinion of the Authority, alternative
arrangements for sampling and monitoring may be made at the discretion
of the Authority.
F.
Flow monitoring and recording. Each flow-measuring chamber shall
contain a parshall flume, weir or similar device with a recording
and totalizing register for measuring liquid quantity, or the metered
water supply to the industrial plant may be used as a measure of liquid
quantity where it is substantiated by the Authority that the metered
water supply and waste quantities are approximately equal or where
a measurable adjustment agreed to by the Authority is made in the
metered water supply to determine the liquid waste quantity.
G.
Sampling by Authority. Samples shall be taken as deemed appropriate by the Authority. All significant industrial users shall be sampled by the Authority at least once per year. Such sampling shall be done as prescribed by the Authority to insure that the compliance of the user is determined with a reasonable degree of certainty for the entire reporting period. Samples shall be taken at the manhole or metering chamber referred to in Subsection E of this section, or in the absence of such manhole or metering chamber, at such place as the Authority shall determine will provide a representative sample of the discharge and shall represent the entire flows from the significant industrial user.
H.
Inspection and verification of sampling and testing. The sampling
frequency, sampling device, sampling methods, and analyses of samples
shall be subject, at any time, to inspection and verification by the
Township or the Authority.
I.
Sampling and testing methods. All sampling measurements, tests and
analyses of the characteristics of waters and wastes shall be determined
in accordance with procedures contained in 40 CFR Part 136, and amendments
thereto, or any other method approved by the EPA.
J.
Confidentiality of information.
(1)
The Township or Authority shall consider all information in their
possession regarding an industrial user's or waste generator's
effluent characteristics as being nonconfidential and may make all
such information available to the public without restriction, unless
the user specifically requests and is able to demonstrate to the satisfaction
of the Township or Authority that the release of such information
in their possession would divulge information of processes or methods
of production entitled to protection as trade secrets of the user.
(2)
Upon written request, at the time of submission of the data by the
industrial user or waste generator furnishing a report, permit application
or answering a questionnaire, those portions of any document which
might disclose trade secrets or secret processes shall not be disclosed
to any person other than to duly authorized representatives of the
EPA or DEP. Any effluent data of a user's waste will not be recognized
as confidential information or as a trade secret.
K.
Sampling and testing costs. When the Authority conducts its own sampling
and/or analyses of wastes discharged by any user, the Authority may
make or have made any such tests, and the user shall reimburse the
Authority for the full cost thereof. Such costs shall be established
by resolution annually.
L.
Ninety-day compliance reports.
(1)
Within 90 days following the date for final compliance with applicable
National Categorical Pretreatment Standards or, in the case of a new
source, following commencement of the introduction of wastewater into
the treatment plant, any industrial user or waste generator subject
to National Categorical Pretreatment Standards and requirements shall
submit to the Authority a report containing the information listed
in 40 CFR 403.12(b)(4) through (6), indicating the nature and concentration
for all pollutants in the discharge from the regulated process which
are limited by the National Categorical Pretreatment Standards and
the average and maximum daily flow for these process units in the
user's facility which are limited by such pretreatment standards.
Industrial users or waste generators subject to equivalent mass or
concentration limits established in accordance with 40 CFR 403.6(c)
must include in the report a reasonable measure of the user's
long-term production rate. For all other industrial users subject
to categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production (or other measure of operation),
this report shall include the user's actual production during
the appropriate sampling period.
(2)
The report shall indicate the compliance status of the user with
the applicable pretreatment standards as listed in 40 CFR 403.12(b)
and (d), whether the applicable pretreatment standards are being met
on a consistent basis and, if not, what additional operation and maintenance
and/or pretreatment is necessary to bring the user into compliance
with all applicable pretreatment standards. This statement shall be
signed by the user's responsible individuals.
M.
Baseline monitoring reports. All industrial users and waste generators
subject to National Categorical Pretreatment Standards shall submit
to the Authority, within 180 days after the effective date of a categorical
standard or the final administrative decision on a category determination
under 40 CFR 403.6(a)(4), whichever is later, a report (baseline monitoring
report) which indicates the compliance status of the user with the
applicable National Categorical Pretreatment Standards as listed in
40 CFR 403.12(b).
N.
New or increased contributions. All industrial users, waste haulers
or waste generators shall immediately notify the Township and the
Authority prior to any changes in the volume or character of their
waste discharge or in the operation of their pretreatment processes
that may result in interference or pass-through at the treatment plant
or affect the potential for a slug discharge to the treatment plant.
The Township and the Authority reserve the right to deny the admission
of or to require the pretreatment of all discharges to the public
sanitary sewage system.
[Amended 2-17-2009 by Ord. No. 389-09]
O.
Mass limitations. The Authority may impose mass limitations on users which, in the opinion of the Authority, are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection A(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Authority, of pollutants contained herein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in accordance with procedures established by the EPA pursuant to Section 304(g) of the CWA and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the EPA.
P.
Notice of violation; resampling requirement. If sampling performed
by an industrial user or significant waste generator indicates a violation,
the industrial user or significant waste generator shall notify the
Authority within 24 hours of becoming aware of the violation. The
industrial user or significant waste generator shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the Authority within 30 days after becoming aware of the violation
pursuant to 40 CFR 403.12(g). Where the Authority has performed the
sampling and analysis in lieu of the industrial user or significant
waste generator, the Authority must perform the repeat sampling and
analysis within 30 days, unless it notifies the industrial user or
significant waste generator of the violation and requires the industrial
user or significant waste generator to perform the repeat analysis.
[Amended 2-17-2009 by Ord. No. 389-09]
All permitted industrial users shall be subject to an annual
fee to defray the cost of administration of this article. The annual
fee shall be set from time to time by resolution of the Authority.
All connected and nonconnected users utilizing the services
of the Authority under this article shall be subject to an administrative
fee to defray the cost of processing invoices, bills and other charges
and fees for such services. The administrative fee shall be set from
time to time by resolution of the Authority.
Enforcement actions taken by the Authority shall be consistent
with an enforcement response plan maintained at the wastewater treatment
plant offices.
A.
General. Any duly authorized agent of the Township and/or of the
Authority bearing credentials which so identify them shall be permitted
at any reasonable time to enter upon all properties served by the
treatment plant or all properties generating trucked waste for discharge
to the treatment plant or licensed vehicle transporting waste for
the purpose of discharge at the treatment plant, for the purpose of
inspecting, observing, measuring, sampling and testing, as may be
required in pursuance of the implementation and enforcement of the
terms and provisions of this article. Any records of monitoring activities
or results maintained by any user shall be made available for inspection
and copying by the Township and/or the Authority and/or the DEP and/or
the EPA. Users may be required by the Authority to install monitoring
equipment, as per 40 CFR 403.8(f)(1)(v).
[Amended 2-17-2009 by Ord. No. 389-09]
B.
All significant industrial users and all significant waste generators
shall be inspected by the Authority at least once per year.
A.
General. The Township and/or Authority reserve the right to seek
injunctive relief for noncompliance by any industrial user or waste
generator with any pretreatment standard or pretreatment requirement
or for noncompliance by any person with any provision of this article.
B.
The Authority, through counsel, may petition the court for the issuance
of a preliminary or permanent injunction (or both, as may be appropriate),
which restrains or compels the activities on the part of the industrial
user, waste generator, or person, including a prayer for payment of
costs and attorneys' fees as may be authorized by law. In addition,
the Township and/or Authority shall have such remedies to collect
all fees incurred by the Township and/or Authority as a result of
this petition as it has to collect other sewer service charges.
A.
General. The Township and/or Authority may order any industrial user
which causes or contributes to a violation of this article or industrial
waste discharge permit or order issued hereunder to show cause why
a proposed enforcement action should not be taken. Notice shall be
served on the industrial user specifying the time and place for the
meeting, the proposed enforcement action and the reasons for such
action and a request that the user show cause why this proposed enforcement
action should not be taken.
B.
The notice of the meeting shall be served personally or by registered
or certified mail to any principal, executive, general partner, corporate
officer or owner of the industrial user at least 10 days prior to
the hearing. Whether or not a duly notified industrial user appears
as noticed, immediate enforcement action may be pursued.
A.
General.
(1)
The Township and/or Authority may suspend the waste treatment service
and/or industrial waste discharge permit, waste permit, waste hauler
license, or commercial discharge permit whenever such suspension is
necessary in order to stop an actual or threatened discharge presenting
or causing an imminent or substantial endangerment to the health or
welfare of persons, the public sanitary sewage system or the environment.
(2)
Any user notified of a suspension of the waste treatment service and/or industrial waste discharge permit, waste permit, waste hauler license or commercial discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Township and/or Authority shall take such steps as deemed necessary, including the immediate severance of the sewer connection, to prevent or minimize damage to the treatment plant, its receiving stream, or endangerment to any individuals. The Township and/or Authority may allow the user to recommence its discharge when the endangerment has passed, unless the permit revocation proceedings set forth in § 345-43H of this article are initiated against the user.
B.
Report requirements. Any industrial user which is responsible, in whole or in part, for 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 Township and/or Authority prior to the date of a show cause hearing as described in § 345-55 of this article.
A.
General. Notwithstanding any other section of this article, any user,
industrial user or waste generator or waste hauler who is found to
have violated any provision of this article, or commercial discharge
permit or industrial waste discharge permit, or waste permit or hauler
license or order issued hereunder, shall be fined in an amount up
to $1,000 per violation. Each day on which noncompliance shall occur
or continue shall be deemed a separate and distinct violation. All
fine money shall be made payable to the Authority. The Authority shall
have such other collection remedies as it has to collect other service
charges. Unpaid charges, fines and penalties shall constitute a lien
against the individual user's property.
B.
Appeals. Users who desire to dispute such fines must file a request
before the Authority to reconsider the fine within 10 working days
of being notified of the fine.
A.
General. Any person who violates any substantive or procedural provision of §§ 345-35 through 345-40 hereof or any term or condition of any industrial waste discharge permit, commercial discharge permit or waste permit shall be subject to a civil penalty not to exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
B.
Appeals. Users who desire to dispute such fines must file a request
before the Authority to reconsider the fine within 10 working days
of being notified of the fine.
A.
General. Any person who willfully or negligently violates any provision
of this article or who violates any condition of an industrial waste
discharge permit, a waste permit, a hauler license, a commercial discharge
permit or an order issued pursuant to this article and incorporating
ordinance is guilty of a summary offense, and, following institution
of a summary proceeding by the Township and, upon conviction, such
person shall be subject to a fine of not less than $100 nor more than
$1,000 for each separate offense, and, in default of the payment of
such a fine, a person shall be imprisoned for a period of 30 days.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
Partnerships, corporations and associations. If such person violating
the provisions of this article shall be a partnership, then the members
thereof, or, if such person be a corporation or association, then
the officers, members, agents, servants, or employees thereof, shall,
in default of payment of any fine levied under this section, be imprisoned
in the county prison.
C.
Continuing violations. Each day of continued violation of any provision
of this article and incorporating ordinance shall constitute a separate
offense.
D.
Transfer of fine money. All fine money assessed through suit or summary
proceedings before any Magisterial District Judge, pursuant to this
section, shall be transferred to the Township instituting the summary
proceeding for the use and benefit of the Valley Forge Sewer Authority.
[Amended 12-15-2014 by Ord. No. 424-14]
Whenever the Township and/or Authority determines that any industrial user or waste generator or waste hauler has violated any provisions of any permit or license issued under any section of this article, or a compliance schedule issued under § 345-45 of this article, the Township and/or Authority or their duly authorized representative shall serve upon said user a written notice of violation. Within 10 working days of the receipt of this notice, a written response to this notice, including an explanation of the cause of the violation and a plan for the correction and prevention thereof, shall be submitted to the Township and/or Authority by the user. 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.
The Authority shall at least annually publish in the largest
daily newspaper published in the area encompassed by the Authority
a list of the users which were significantly violating applicable
pretreatment standards or requirements or other provisions of this
article, or who were determined to be in significant noncompliance,
during the 12 previous months. Significant noncompliance shall be
determined according to the standards as defined in 40 CFR 403.8(f)(2)(vii).
