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:
BOD
|
Biochemical oxygen demand
|
CFR
|
Code of Federal Regulations
|
COD
|
Chemical oxygen demand
|
EPA
|
United States Environmental Protection Agency
|
gpd
|
gallons per day
|
mg/l
|
milligrams per liter
|
BSTJSA
|
Burgettstown-Smith Township Joint Sewerage Authority
|
NPDES
|
National Pollutant Discharge Elimination System
|
POTW
|
Publicly owned treatment works
|
RCRA
|
Resource Conservation and Recovery Act
|
SIC
|
Standard Industrial Classification
|
TSS
|
Total suspended solids
|
U.S.C.
|
United States Code
|
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Regional Administrator of EPA - Region III is designated
as the approval authority.
AUTHORIZED REPRESENTATIVE OF THE USER
A.
If the user is a corporation:
(1)
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
(2)
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.
B.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
C.
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.
D.
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.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by 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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication by 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.
GRAB SAMPLE
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal, and therefore is a cause of a violation 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; the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act (RCRA)"; any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
and the Marine Protection, Research, and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
NEW SOURCE
A.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act, which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that:
(1)
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
(2)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(3)
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.
B.
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.
C.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
(1)
Begun, or caused to begin, as part of a continuous on-site construction
program:
(a)
Any placement, assembly, or installation of facilities or equipment;
or
(b)
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
(2)
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.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
PASS-THROUGH
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a violation
of any requirements of BSTJSA NPDES permit, including an increase
in the magnitude or duration of a violation.
PERSON
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.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
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).
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS or POTW
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.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dish washing
operations, etc.).
SIGNIFICANT INDUSTRIAL USER
A.
A user subject to categorical pretreatment standards; or
B.
A user that:
(1)
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
(2)
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
(3)
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.
C.
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.
SLUG LOAD or SLUG
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.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
WASTEWATER
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.
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.
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.
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.
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.
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.
All wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user and contain
the following certification statement:
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
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 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.
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.
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.
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.
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.
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.