[Adopted 12-3-2007 by Ord. No. 2007-7]
A.
This article sets forth uniform requirement for users of the publicly
owned treatment works for Burgettstown Borough and Smith Township
and enables the Burgettstown-Smith Township Joint Sewerage Authority
to comply with all applicable state and federal laws, including the
Clean Water Act (33 U.S.C. § 1251 et seq.) and the prevailing
General Pretreatment Regulations (40 CFR Part 403). In the event language
herein is in conflict with the aforementioned laws and regulations,
the prevailing applicable laws and regulations shall apply. The objectives
of this article are:
(1)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
(2)
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
(4)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
(6)
To enable the Burgettstown-Smith Township Joint Sewerage Authority
to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other
federal or state laws to which the publicly owned treatment works
is subject.
B.
This article shall apply to all users of the publicly owned treatment
works. This article authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
Except as otherwise provided herein, the Burgettstown-Smith
Township Joint Sewerage Authority shall administer, implement, and
enforce the provisions of this article. Any powers granted to or duties
imposed upon the Burgettstown-Smith Township Joint Sewerage Authority
may be delegated by the Authority to other Authority personnel.
The following abbreviations, when used in this article, shall
have the designated meanings:
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BOD
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Biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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United States Environmental Protection Agency
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gpd
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gallons per day
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mg/l
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milligrams per liter
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BSTJSA
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Burgettstown-Smith Township Joint Sewerage Authority
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NPDES
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National Pollutant Discharge Elimination System
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POTW
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Publicly owned treatment works
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RCRA
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Resource Conservation and Recovery Act[1]
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SIC
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Standard Industrial Classification
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TSS
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Total suspended solids
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U.S.C.
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United States Code
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[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of EPA - Region III is designated
as the approval authority.
If the user is a corporation:
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decisionmaking functions
for the corporation; or
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, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Burgettstown-Smith Township Joint Sewerage Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.[1]
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.[2]
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal, and therefore is a cause of a violation the BSTJSA NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder or any more stringent state or local regulations:
Section 405 of the Act[3]; the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act (RCRA)"[4]; any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
and the Marine Protection, Research, and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
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,[5] 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.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection A(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities, which
is necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this paragraph.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a violation
of any requirements of BSTJSA NPDES permit, including an increase
in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
trust, estate, governmental entity, or any other legal entity, or
their legal representatives, agents, or assigns. This definition includes
all federal, state, and local government entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 423-36 of this article.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by Burgettstown Borough,
Smith Township or BSTJSA. This definition includes any devices or
systems used in the collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid nature and
any conveyances which convey wastewater to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dish washing
operations, etc.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
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 BSTJSA on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, BSTJSA may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge of a nonroutine episodic nature or a flow rate or concentration which would cause a violation of the prohibited standards in § 423-36 of this article.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
A.
General prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass-through
or interference. These general prohibitions apply to all users of
the POTW, whether or not they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements.
B.
Specific prohibitions. No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances, or wastewater:
(1)
Pollutants which create a fire or explosive hazard in the POTW, including,
not limited to, waste streams with a closed-cup flash point of less
than 140° F. (60° C.) using the test methods specified in
40 CFR 261.21;
(2)
Wastewater having a pH less than 5.0 or otherwise causing corrosive
structural damage to the POTW or equipment;
(3)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference;
(4)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause
interference with the POTW;
(5)
Wastewater with a temperature which will inhibit biological activity
in the treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment
plant to exceed 104° F. (40° C.);
(6)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass-through;
(7)
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems;
(8)
Trucked or hauled pollutants, except at discharge points designated by BSTJSA in accordance with § 423-45 of this article;
(9)
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, maintenance or repair;
(10)
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetables
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating BSTJSA NPDES permit;
(11)
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
(12)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted wastewater,
unless specifically authorized by BSTJSA;
(13)
Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(14)
Medical wastes, except as specifically authorized by BSTJSA
in a wastewater discharge permit;
(15)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(16)
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW;
(17)
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW, or at any point in the POTW,
of more than 5% or any single reading over 10% of the lower explosive
limit of the meter.
C.
Pollutants, substances or wastewater prohibited by this section shall
not be processed or stored in such a manner that they could be discharged
to the POTW.
The categorical pretreatment standards found at 40 CFR Chapter
I, Subchapter N, Parts 405 to 471, is hereby incorporated.
A.
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
BSTJSA may impose equivalent concentration or mass limits in accordance
with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, BSTJSA shall
impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
C.
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
(Reserved)
A.
No industrial user shall discharge wastewater containing a mass of
any pollutant which, when taken together with the mass of that pollutant
discharged by all other industrial users, will cause the mass of the
pollutant to exceed the mass of that pollutant specified in the Headworks
Industrial Allowance which has been approved by the approval authority
for the POTW into which the industrial user discharges.
B.
BSTJSA may establish local limits regulating the discharge of specific
pollutants by industrial users. Discharging any pollutant in excess
of a local limit or an industrial user's permit shall constitute
a violation of this article.
BSTJSA reserves the right to establish, by ordinance or in wastewater
discharge permits, more stringent standards or requirements on discharges
to the POTW.
No user shall ever increase the use of process water, or in
any way attempt to dilute a discharge, as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. BSTJSA may impose mass limitations on users who are
using dilution to meet applicable pretreatment standards or requirements
or in other cases when the imposition of mass limitation is appropriate.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 423-36 of this article within the time limitations specified by EPA, the state, or BSTJSA, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to BSTJSA for review and shall be acceptable to BSTJSA before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to BSTJSA under the provision of this article.
A.
Whenever deemed necessary, BSTJSA may require users to restrict their
discharge peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage waste streams from industrial
waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of this article.
B.
BSTJSA may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage
and flow-control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
C.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of BSTJSA, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil or sand, except that
such interceptors shall not be required for residential users. All
interception units shall be of type and capacity approved by BSTJSA
and shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned, and repaired regularly,
as needed, by the user at their expense.
D.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
E.
Whenever deemed necessary, BSTJSA may require any industrial user
to install, maintain and perform any and all best management practices
as applicable in accordance with best management practices as specified
by the EPA, the state, or BSTJSA, whichever is more stringent.
At least once every two years, BSTJSA shall evaluate whether
each significant industrial user needs an accidental discharge/slug
control plan. BSTJSA may require any user to develop, submit for approval,
and implement such a plan. Alternatively, BSTJSA may develop such
a plan for any user. The BSTJSA shall have the authority to conduct
on-site inspections of significant industrial user facilities to ensure
measures taken by the significant industrial user are consistent with
the submitted slug control plan. Such inspections shall be performed,
at a minimum, within one year of the user being identified as significant.
An 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 BSTJSA of any accidental or slug discharge, as required by § 423-61F of this article; and
D.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
A.
Septic tank waste or municipal digested sewage sludge may be introduced into the POTW only at locations designated by BSTJSA, and at such times as are established by BSTJSA. Such waste shall not violate §§ 423-36 through 423-41 of this article or any other requirements established by BSTJSA. BSTJSA may require waste haulers to obtain wastewater discharge permits.
B.
BSTJSA shall require haulers of industrial waste to obtain wastewater
discharge permits. BSTJSA may require generators of hauled industrial
waste to obtain wastewater discharge permits. BSTJSA also may prohibit
the disposal of hauled industrial waste. The discharge of hauled industrial
waste is subject to all other requirements of this article.
C.
Industrial waste haulers may discharge loads only at locations designated
by BSTJSA. No load may be discharged without prior consent of BSTJSA.
BSTJSA may collect samples of each hauled load to ensure compliance
with applicable standards. BSTJSA may require the industrial waste
hauler to provide a waste analysis of any load prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
When requested by BSTJSA, a user must submit information on
the nature and characteristics of its wastewater within 60 days of
the request. BSTJSA is authorized to prepare a form for this purpose
and may periodically require users to update this information.
A.
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from BSTJSA, except that a significant industrial user that has filed a timely application pursuant to § 423-48 of this article may continue to discharge for the time period specified therein.
B.
BSTJSA may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this article.
C.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 423-65 through 423-77 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future shall, within 60 days after said date, apply to BSTJSA for a wastewater discharge permit in accordance with § 423-50 of this article and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this article, except in accordance with a wastewater discharge permit issued by BSTJSA.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 423-50 of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
A.
All users required to obtain a wastewater discharge permit must submit
a permit application. BSTJSA may require all users to submit as part
of an application the following information:
(1)
All information required by § 423-61A(2) of this article;
(2)
Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
(3)
Number and type of employees, hours of operation, and proposed or
actual hours of operation;
(4)
Each product produced by type, amount, process or processes, and
rate of production;
(5)
Type and amount of raw materials processed (average and maximum per
day);
(6)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(7)
Time and duration of discharges; and
(8)
Any other information as may be deemed necessary by BSTJSA to evaluate
the wastewater discharge permit application.
B.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
All wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user and contain
the following certification 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 qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
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BSTJSA will evaluate the data furnished by the user and may
require additional information. Within 60 days of receipt of a complete
wastewater discharge permit application, BSTJSA will determine whether
or not it issues a wastewater discharge permit. BSTJSA may deny any
application for a wastewater discharge permit.
A wastewater discharge permit shall be issued for a specified
time period, not to exceed five years, at the discretion of BSTJSA.
Each wastewater discharge permit will indicate a specific date upon
which it will expire.
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by BSTJSA to prevent pass-through
or interference, protect the quality of the water body receiving the
treatment plant's effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage
to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to BSTJSA in accordance with § 423-57 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3)
Effluent limits based on applicable pretreatment standards;
(4)
Self monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law; and
(5)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law.
B.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for slow regulation and equalization;
(2)
Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into
the treatment works;
(3)
Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(4)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(7)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(8)
Other conditions as deemed appropriate by BSTJSA to ensure compliance
with this article and state and federal laws, rules, and regulations.
BSTJSA shall issue industrial wastewater discharge permits.
Any person, including the user, may petition BSTJSA to reconsider
the terms of a wastewater discharge permit within 30 days of its issuance.
A.
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C.
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D.
If BSTJSA fails to act within 60 days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit or not
to modify a wastewater discharge permit shall be considered final
administrative actions for purposes of judicial review.
E.
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Washington County Court of Common Pleas.
BSTJSA may modify a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
A.
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
B.
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of wastewater discharge permit issuance;
C.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D.
Information indicating that the permitted discharge poses a threat
to BSTJSA's POTW, BSTJSA personnel, or the receiving waters;
E.
Violation of any terms or conditions of the wastewater discharge
permit;
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or any required reporting;
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
H.
To correct typographical or other errors in the wastewater discharge
permit; or
I.
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
A.
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 60 days' advance notice
to BSTJSA and BSTJSA approves the wastewater discharge permit transfer.
The notice to BSTJSA must include a written certification by the new
owner or operator which:
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
A.
BSTJSA may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
Failure to notify BSTJSA of significant changes to the wastewater
prior to the changed discharge;
(2)
Failure to provide prior notification to BSTJSA of changed conditions pursuant to § 423-61E of this article;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow BSTJSA timely access to the facility premises and
records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this article.
B.
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 423-50 of this article, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
A.
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, BSTJSA shall enter into an intermunicipal
agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, BSTJSA shall request the following information from the contributing municipality:
C.
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in § 423-39 of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to BSTJSA's ordinance or local limits;
(2)
A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis;
(3)
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by BSTJSA; and which of
these activities will be conducted jointly by the contributing municipality
and BSTJSA;
(4)
A requirement for the contributing municipality to provide BSTJSA
with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
(5)
A provision ensuring BSTJSA access to the facilities of users located
within the contributing municipality's jurisdictional boundaries
for the purpose of inspection, sampling, and any other duties deemed
necessary by BSTJSA.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to BSTJSA a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to BSTJSA a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below:
(a)
Identifying information: the name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits: a list of any environmental control permits
held by or for the facility.
(c)
Description of operations: a brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description shall
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes as well as statements identifying
compliance with best management practices for any pretreatment practices.
(d)
Flow measurement: information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants:
[1]
The categorical pretreatment standards applicable to each regulated
process.
[2]
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standards or by BSTJSA, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 423-61J of this article.
(f)
Certification: a statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(g)
Compliance schedule: if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 423-61B.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 423-61A(2)(g) of this article:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to BSTJSA no later than 14
days following each date in the schedule and the final date of compliance,
including, as a minimum, whether or not it complied with the increment
of progress, the reason for any delay, and, if appropriate, the steps
being taken by the user to return to the established schedule; and
(4)
In no event shall more than nine months elapse between such progress
reports to BSTJSA.
C.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to BSTJSA a report containing the information described in § 423-61A(2)(d) through (f) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure for the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 423-51 of this article.
D.
Periodic compliance.
(1)
All significant industrial users shall, at a frequency determined by BSTJSA but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 423-51 of this article.
(2)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
E.
Reports of changed conditions. Each user must notify BSTJSA of any
planned significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 90 days before the change.
(1)
BSTJSA may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 423-50 of this article.
(3)
For purposes of this requirement, significant changes include, but
are not limited to, slow increases of 20% or greater, and the discharge
of any previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify BSTJSA
of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
(2)
Within five days following such discharge, the user shall, unless
waived by BSTJSA, submit a detailed written report describing the
cause(s) of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resources,
or any other damage to person or property, nor shall such notification
relieve the user of any fines, penalties, or other liability which
may be imposed pursuant to this article.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
BSTJSA as BSTJSA may require.
H.
Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify BSTJSA within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to BSTJSA within 30 days after becoming aware of the violation. The
user is not required to resample if BSTJSA monitors at the user's
facility at least once a month or if BSTJSA samples between user's
initial sampling and when the user receives the results of this sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notifications under this subsection need to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 423-61E of this article. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 423-61A, C and D of this article.
(2)
Discharges are exempt from the requirements of Subsection I(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA[1] identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify BSTJSA, the EPA Regional Waste Management Division Director,
and state hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
(4)
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
J.
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
K.
Sample collection.
(1)
Except as indicated in Subsection K(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, BSTJSA may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
L.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
M.
Recordkeeping. Users subject to the reporting requirements of this
article shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this article and additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking
the samples; the date analyses were performed; who performed the analyses;
the analytical techniques or methods used; the results of such analyses;
and records identifying compliance with best management practices
for pretreatment requirements as applicable. These records shall remain
available for a period of at least five years. The same records shall
be retained by the BSTJSA for the same period of time. This period
shall be automatically extended for the duration of any litigation
concerning the user or BSTJSA, or where the user has been specifically
notified of a longer retention period by BSTJSA.
BSTJSA shall have the right to enter the premises of any user
to determine whether the user is complying with all requirements of
this article and any wastewater discharge permit or order issued hereunder.
The user shall allow BSTJSA ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
A.
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, BSTJSA will be permitted
to enter without delay for the purposes of performing specific responsibilities.
B.
BSTJSA shall have the right to set up on the user's property,
or require installations of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
C.
BSTJSA may require the user to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated to ensure their accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of BSTJSA and shall not
be replaced. The costs of clearing such access shall be borne by the
user.
E.
Unreasonable delays in allowing BSTJSA access to the user's
premises shall be a violation of this article.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from BSTJSA's inspection and sampling
activities, shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate
to the satisfaction of BSTJSA, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
A.
Publication. BSTJSA shall publish annually, in the largest daily
newspaper published in the municipality where the POTW is located,
a list of the users which, during the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and
requirements.
B.
Significant noncompliance. The term "significant noncompliance" is
defined using the prevailing EPA definition under 40 CFR 403.8 or
at a minimum shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(2)
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants, except pH);
(3)
Any other discharge violation that BSTJSA believes has caused, alone
or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
(4)
Any discharge of pollutants that have caused imminent endangerment
to the public or to the environment, or have resulted in BSTJSA's
exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s) which BSTJSA determines will adversely affect
the operation or implementation of the local pretreatment program.
Such violations are not limited to quantitative values and may include
violations of best management practices.
When BSTJSA finds that a user has violated, or continues to
violate, any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
BSTJSA may serve upon that user a written notice of violation. Within
five days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the user
to BSTJSA. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of
the notice of violation. Nothing in this section shall limit the authority
of BSTJSA to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
BSTJSA may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 423-68 and 423-69 of this article and shall be judicially enforceable.
BSTJSA may order a user which has violated, or continues to
violate, any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement
to appear before BSTJSA and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
user. A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
When BSTJSA finds that user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
BSTJSA may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time.
If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities,
devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
A.
When BSTJSA finds that a user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, BSTJSA
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
B.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
A.
When BSTJSA finds that a user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
BSTJSA may assess a civil penalty in an amount not to exceed $25,000
per day for each violation. Each violation for each separate day shall
constitute a separate and distinct offense. BSTJSA may recover its
costs for reestablishing the operating of the POTW in addition to
any civil penalty imposed hereunder. In addition, BSTJSA may recover
attorneys' fees, all court costs, and all other expenses of litigation
to the extent permitted by law.
B.
Users desiring to dispute such fines must file a written request
for BSTJSA to reconsider the fine along with full payment of the fine
amount within 30 days of being notified of the fine. Where a request
has merit, BSTJSA may convene a hearing on the matter. In the event
the user's appeal is successful, the payment, together with any
interest accruing thereto, shall be returned to the user. BSTJSA may
add the costs of preparing administrative enforcement actions, such
as notices and orders, to the fine.
C.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
A.
BSTJSA may immediately suspend a user's discharge, after informal
notice to the user, whenever such suspension is necessary to stop
an actual or threatened discharge which reasonably appears to present
or cause an imminent or substantial endangerment to the health or
welfare of persons. BSTJSA may also immediately suspend a user's
discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the POTW, or which presents, or
may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, BSTJSA may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. BSTJSA may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of BSTJSA that the period of endangerment has passed, unless the termination proceedings in § 423-72 of this article are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to BSTJSA prior to the date of any show cause or termination hearing under § 423-67 or 423-72 of this article.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
A.
In addition to the provisions in § 423-58 of this article, any user who violated the following conditions is subject to discharge terminations:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 423-67 of this article why the proposed action should not be taken. Exercise of this option by BSTJSA shall not be a bar to, or a prerequisite for, taking any other action against the user.
When BSTJSA finds that a user has violated, or continues to
violate, any provision of this article, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
BSTJSA may petition the Court of Common Pleas of Washington County
through BSTJSA's Attorney for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or
other requirement imposed by this article on activities of the user.
BSTJSA may also seek such other action as is appropriate for legal
and/or equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against the user.
A.
A user who has violated, or continues to violate, any provision of
this article, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall be liable
to BSTJSA for a maximum civil penalty not to exceed $25,000 per violation
per day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of violation.
B.
BSTJSA may recover reasonable attorneys' fees, court costs,
and other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages
incurred by BSTJSA.
C.
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against the user.
A.
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or pretreatment permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this article shall, upon conviction, be punished by a fine of not
more than $1,000 or by imprisonment for not more than 30 days, or
both.
The remedies provided for in this article are not exclusive.
BSTJSA may take any, all, or any combination of these actions against
a noncompliant user. Enforcement of pretreatment violations will generally
be in accordance with BSTJSA's enforcement response plan. However,
BSTJSA may take other action against any user when the circumstances
warrant. Further, BSTJSA is empowered to take more than one enforcement
action against any noncompliant user.
(Reserved)
A.
Upset.
(1)
For the purpose of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventative maintenance,
or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3) below are met.
(3)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(a)
An upset occurred and the user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(c)
The user has submitted the following information to BSTJSA within
24 hours of becoming aware of the upset:
[1]
A description of the indirect discharge and cause of noncompliance;
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
[3]
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost,
or fails.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general provisions in § 423-36A of this article or the specific prohibitions in § 423-36B(3) through (17), excluding § 423-36B(8), if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
(1)
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass-through
or interference; or
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when
BSTJSA was regularly in compliance with its NPDES permit, and in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
C.
Bypass.
(1)
BYPASS
SEVERE PROPERTY DAMAGE
For the purpose of this section, the following terms shall have the
meanings indicated:
The intentional diversion of waste streams from any portion
of a user's treatment facility.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
(3)
Notice
of bypass.
(a)
If a user knows in advance of the need for a bypass, it shall submit
prior notice to BSTJSA, at least 10 days before the date of the bypass,
if possible.
(b)
A user shall submit oral notice to BSTJSA of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from
the time it becomes aware of the bypass. A written submission shall
also be provided within five days of the time the user becomes aware
of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass.
BSTJSA may waive the written report on a case-by-case basis if the
oral report has been received within 24 hours.
(4)
Exceptions.
(a)
Bypass is prohibited, and BSTJSA may take enforcement action against
the user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
[2]
There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
(Reserved)
BSTJSA may adopt reasonable fees for reimbursement of costs
of setting up and operating BSTJSA's pretreatment program, which
may include:
A.
Fees for wastewater discharge permit applications, including the
cost of processing such applications;
B.
Fees for monitoring, inspection, and surveillance procedures, including
the cost of collection and analyzing a user's discharge, and
reviewing monitoring reports submitted by users;
C.
Costs for reviewing and responding to accidental discharge procedures
and construction;
D.
Costs for filing appeals; and
E.
Other fees and costs as BSTJSA may deem necessary to carry out the
requirements contained herein. These relate solely to the matters
covered by this article and are separate from all other fees, fines,
and penalties chargeable by the federal or state governmental agencies.
