[Adopted 8-12-2014 by Ord. No. 2014-02]
A.
Purpose. This article sets forth the following uniform requirements
for users of the sewer system and enables the Township to regulate
the use of the sewer system and to comply with the requirements of
the Clean Water Act[1] and other applicable state and federal laws and regulations:
(1)
Requirements regulating the introduction of wastewater into the sewer
system by all users;
(2)
Establishing an Industrial Pretreatment Program to monitor and control
the discharge of industrial wastes.
[1]
Editor's Note: 33 U.S.C. § 1251 et seq.
B.
Objectives. The objectives of this article are:
(1)
To prevent the introduction of pollutants into the sewer system that
will cause interference, increase the difficulty or costs of operation
of the sewage collection system or the sewage treatment plant, or
reduce the efficiency or effectiveness of the sewage collection system
or sewage treatment plant;
(2)
To prevent pass through of pollutants, inadequately treated, to the
environment;
(3)
To protect workers and the general public from exposure to toxic
or other dangerous substances;
(4)
To protect the sewer system from damage;
(5)
To improve the opportunity to recycle or reclaim wastewater or sludge;
(6)
To provide for the equitable distribution of the cost of the operation,
administration and enforcement of the Industrial Pretreatment Program;
and
(7)
To enable the Township to comply with all applicable state and federal
laws, rules, and regulations, including NPDES permit conditions, sludge
use and disposal requirements, air quality standards, and water quality
standards.
C.
Reservation of rights. Notwithstanding any other provision to the
contrary, nothing in this article or elsewhere in the Township's
pretreatment program shall be deemed to be a legally binding commitment
under the Clean Water Act, 33 U.S.C. § 1251 et seq., the
Clean Streams Law, 35 P.S. § 691.1 et seq., and applicable
regulations (e.g., 40 CFR 403.1 et seq.; Title 25 of the Pennsylvania
Code) for the Township to undertake pretreatment implementation or
enforcement activities beyond the minimum otherwise required by these
laws and regulations. Nevertheless, the Township maintains discretionary
authority to undertake pretreatment activities beyond the minimum
required.
The following words, terms and phrases will hereinafter have
the meanings set forth in this section, unless the context clearly
requires a different meaning. Reference to gender shall be construed
to include both the masculine and feminine.
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 Region 3 of the EPA.
The Blair Township Water and Sewer Authority, a municipal
authority created and existing under the laws of the Commonwealth
of Pennsylvania, the Authority Board thereof, its employees, agents
and officials.
An authorized representative of an industrial user may be:
If the industrial user is a corporation:
A principal executive officer of at least the level of president,
secretary, treasurer, or vice president in charge of a principal business
function, or any other person who performs similar policy- or decision-making
functions for the corporation; or
A manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures;
If the industrial user is a partnership or proprietorship, a
general partner or proprietor, respectively;
If the industrial user is a government entity, charitable organization
or other such unincorporated entity, a principal executive officer
or director having responsibility for the overall operation of the
discharging facility or a ranking elected official;
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. (64° F.) expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
A sanitary sewer conveying wastewater from the premises of
a user to the sewer system.
The diversion of wastewater from any portion of an industrial
user's pretreatment facility.
An industrial user subject to categorical standards under
Title 40, Chapter I, Subchapter N of the Code of Federal Regulations.
National categorical pretreatment standards.
A registered professional engineer under the laws of the
state.
A record of sample collection indicating the place, date
and time of collection and the person collecting the sample. It also
includes a record of each person involved in possession of the sample,
including the laboratory person who takes final possession of the
sample for the purpose of analysis.
The Act of June 22, 1937, P.L. 1987, as amended, 35 P.S.
§ 691.1 et seq.
Color of light transmitted through a waste after removal
of all suspended matter, including pseudo-colloidal particles, and
measured in platinum-cobalt units.
A sewer constructed to convey both sanitary sewage and stormwater.
A procedure for calculating discharge concentrations of constituents
of industrial waste, as defined in 40 CFR 403.6(e).
Adherence to conditions or requirements of this article or
the Industrial Pretreatment Program, any written directions or schedule
issued by the Township, or any wastewater discharge permit or other
permit issued under the provisions of this article.
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-proportional composite
sample), or be of equal size and taken at equal time intervals (equal-time
composite sample). A composite grab sample is composed of individual
grab samples collected and preserved individually and combined for
analysis only at the time of analysis.
The highest value obtained for samples collected in any calendar
day or equivalent consecutive twenty-four-hour period. When used in
a limit, the daily maximum is the highest value allowed in any composite
sample, or the maximum value allowed as an average of one or more
grab samples taken during a calendar day or equivalent consecutive
twenty-four-hour period. The daily maximum may also be expressed as
the maximum mass allowed to be discharged during any one calendar
day or equivalent consecutive twenty-four-hour period.
The conveyance of any water or wastewater into the sewer
system, including the delivery of water or wastewater by truck.
Normal household wastes from kitchens, water closets, lavatories
and laundries, or any waste from a similar source and possessing the
same characteristics.
A plan developed pursuant to 40 CFR 403.8(f)(5) providing
for the enforcement of the Industrial Pretreatment Program.
The United States Environmental Protection Agency, or where
appropriate the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
standards, which categorical standards will be applicable to such
source if the categorical standard is thereafter promulgated in accordance
with Section 307 of the Act.[1]
Solid or semisolid wastes resulting from preparation, cooking,
and dispensing of food, and from handling, storage and sale of produce.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and within a
period of 15 minutes or less.
Water which is contained in or passing through the ground.
Substances that are classified as listed or characteristic
hazardous waste under the provisions of 40 CFR Part 261.
The liquid and/or solid material from a septic tank, cesspool
or similar domestic waste treatment or containment system, or waste
from holding tanks, such as those found in vessels, chemical toilets,
campers, or house trailers.
The sum of the provisions of this article, amendments thereto,
and any activities authorized or allowed by this article as regards
the regulation and control of industrial users to the extent required
by the federal minimum pretreatment regulations set forth in 40 CFR
Part 403.
Any person who discharges industrial waste into the sewer
system.
Any solid, liquid or gaseous substance, or form of energy,
which is produced as a result, whether directly or indirectly, of
any industrial, manufacturing, trade or business process or activity,
or in the course of developing, recovering or processing of natural
resources, and which is discharged into the sewer system; but not
non-contact cooling water or sanitary sewage. Any wastewater which
contains industrial waste and which is discharged from an industrial,
manufacturing, trade or business premises is considered industrial
waste for the purposes of this article.
Any substance which is discharged, and which consists of
or is contaminated by pathogens or other etiologic agents, and which
has not been sterilized, neutralized, or otherwise rendered harmless.
Infectious waste includes, but is not limited to: contaminated blood,
blood products or other bodily fluids (excepting excreta discharged
by normal bodily functions); wastes, including excreta, from patient
isolation areas; laboratory samples or test materials; animal wastes
and bedding; body parts; pathology and autopsy wastes; and glassware,
hypodermic needles, surgical instruments and other sharps.
The condition in which a discharge, alone or in conjunction
with discharges from other sources:
Inhibits or disrupts the processes or operations of the sewage
treatment plant or the sewage collection system, or the processing,
use or disposal of sludge; or
Is a cause of a violation of any requirement of the Authority's
NPDES permit (including an increase in the magnitude or duration of
a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA)
[including Title II, more commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA), and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA]; the Clean Air Act; the Toxic Substances Control Act;
and the Marine Protection, Research and Sanctuaries Act;[2] or which results in or increases the severity of a violation
of other state or national environmental statutes, rules or regulations.
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged, or likely to be
discharged, by industrial users, and which are developed by the Township.
A structure allowing access from the surface of the ground
to a sewer.
Milligrams per liter; a measure of concentration of waterborne
substances.
The arithmetic mean of all daily determinations of concentration
made during a calendar month.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users. National categorical pretreatment standards are enumerated
in Title 40, Chapter I, Subchapter N, Part 405 et seq., of the Code
of Federal Regulations.
Any building, structure, facility, or other source from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical standards
under Section 307(c) of the Act,[3] which will be applicable to such source if such categorical
standards are thereafter promulgated in accordance with that section.
Determination of the applicability of new source standards shall be
made as provided in the Act and 40 CFR 403.3.
Not in compliance.
The water from any use, such as air conditioning, machine
cooling or refrigeration, which does not come into contact with any
raw material, product, by-product or waste, and to which the only
pollutant added is heat.
The Township may determine that an industrial user subject
to categorical pretreatment standards under 40 CFR 403.6 and Title
40, Chapter I, Subchapter N of the Code of Federal Regulations is
an NSCIU rather than a SIU on a finding that the IU never discharges
more than 100 gallons per day (gpd) of total categorical wastewater
(excluding sanitary, non-contact cooling and boiler blowdown wastewater,
unless specifically included in the pretreatment standard) and the
following conditions are met:
The IU, prior to the Township's findings, has consistently
complied with all applicable categorical pretreatment standards and
requirements or has no process discharge of categorical waste into
the Township's sewer system.
For the purposes of sampling wastewater, a normal production
day is that period of time during a calendar day during which wastewater
is discharged and production, cleanup, and other activities that normally
produce wastewater or industrial waste are occurring. If a sample
is specified to be collected during a normal production day, it should
not include aliquots taken during low wastewater flow periods that
are not representative of normal activities, or during times when
wastewater is not being discharged.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any person having charge, care, control or management of
a pretreatment facility for industrial wastes or of a truck or trucks
used in the removal, transport or disposal of wastewater or industrial
wastes.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property or facility.
Discharge of pollutants which exits the POTW to the waters
of the state and, either alone or in conjunction with other discharges,
causes a violation of the Authority's NPDES permit or an increase
in the magnitude or duration of any such violation; or the concentration
of pollutants in the sludge so that the end use of the sludge causes
or contributes to pollution, harm to the environment, or a violation
of any state or national sludge disposal regulation, guideline or
standard.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
Any substance, including, but not limited to, dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, medical
wastes, backwash from water filtration and industrial, municipal,
and agricultural waste; or having certain characteristics, such as
biochemical oxygen demand, color, pH or toxicity which, when discharged
into the environment, causes, contributes to, or increases pollution.
The Township may authorize an industrial user subject to
a categorical pretreatment standard to forego sampling of a pollutant
regulated by a categorical pretreatment standard if the industrial
user has demonstrated through sampling and other technical factors
that the pollutant is neither present nor expected to be present in
the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user.
The contamination of any waters of the state such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or welfare,
or to domestic, municipal, commercial, industrial, agricultural, recreational,
or other legitimate beneficial uses, or to livestock, wild animals,
birds, fish or other aquatic life; or contamination of the air, soil,
or of the environment so as to produce or is likely to produce similar
deleterious effects.
A publicly owned treatment works as defined by Section 212
of the Act (33 U.S.C. § 1292). The term includes the sewage
collection system and the sewage treatment plant.
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 discharging or otherwise introducing
such pollutants into a sewer system. The reduction or alteration can
be obtained by physical, chemical or biological processes, or by means
of other process changes, except as prohibited by 40 CFR 403.6(d).
Agent of the Township designated to administer the provisions
of the Industrial Pretreatment Program.
Any substantive or procedural requirement, other than a categorical
standard, imposed on an industrial user by Section 307(b) and (c)
of the Act,[4] the state or the Industrial Pretreatment Program.
A national categorical pretreatment standard, prohibitive
discharge standard or a local limit created to implement a national
categorical pretreatment standard or prohibitive discharge standard.
Any discharge which is prohibited under § 325-36A(3) of this article.
Any regulation developed under Section 307(b) and (c) of the Act (33 U.S.C. § 1317), including prohibitive discharge limits under 40 CFR 403.5. Prohibitive discharge standards are included in the list of prohibited discharges in § 325-36A(3) of this article.
Any person who has demonstrated competency in the analysis
of wastewater by submission of their generally recognized documentation
of competency to the Township, or who is normally employed in the
capacity of analyst by a professional analytical laboratory.
Maintenance of temperature for storage, preservation of food,
or as a process of manufacturing.
The manager of the Township, or their duly authorized representative.
The normal water-carried domestic wastes from any improved
property, but excluding: effluent from septic tanks or cesspools;
rain, snow or stormwater; groundwater; or other collected water from
roofs, drains or basements.
A sewer designed and constructed primarily for carrying sanitary
sewage or industrial wastes, but not stormwater, surface waters or
groundwaters.
All facilities of the Township and Authority, or any municipality
party to a service agreement with the Township, as of any particular
time, used or usable for collecting, transporting, pumping and disposing
of wastewater, which facilities are connected to and served by the
sewage treatment plant. The sewage collection system includes sanitary
sewers and combined sewers, but not storm sewers.
That portion of the sewer system owned by the Authority and
operated by the Township which is designed to provide treatment of
wastewater and discharge of treated effluent to the environment.
A pipe or conduit for conveying wastewater or stormwater.
The sewage collection system, sewage treatment plant, and
any sewers that convey wastewater to the sewage treatment plant. For
the purposes of this article, "sewer system" shall also include any
sewers that convey wastewater to the sewage treatment plant from persons
who are users of the sewer system.
Denotes that the referenced action or requirement is mandatory.
May is permissive.
Except as provided by 40 CFR 403.8(f)(6), an industrial user
who:
Has a discharge flow of 25,000 gallons or more of industrial
waste (excluding any constituent sanitary sewage, non-contact cooling
water or boiler blowdown wastewater) per average workday;
Discharges industrial waste which makes up 5% or more of the
average dry weather organic capacity of the sewage treatment plan;
Is regulated by categorical standards; or
Is determined by the Township to have the reasonable potential
of adversely affecting the operation of the POTW, causing interference
or pass-through, or of violating any pretreatment requirement.
A noncompliance which meets or exceeds standards of significant noncompliance determined by the Township and contained in § 325-36D(11) of this article.
Any industrial user in significant noncompliance.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
violating the specific prohibitions in 40 CFR 403.5(b).
A spill prevention, control and countermeasure plan prepared
by an industrial user to minimize the likelihood and intensity of
a slug load or spill, or any changes affecting the potential for slug
discharges in volume or characteristics of discharges, and to expedite
control and cleanup activities should a slug load or spill occur.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
or the control or cleanup activities associated with such an occurrence;
an accidental spill may result from the spilling, overflowing, rupture,
or leakage of any storage, process or transfer container.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Commonwealth of Pennsylvania.
A sewer designed and constructed primarily for the purpose
of carrying stormwater, but not sanitary sewage or industrial wastes.
Storm sewers are not part of the sewage collection system.
Any flow of water occurring during or following any form
of natural precipitation and resulting therefrom.
The superintendent of the sewage treatment plant or his duly
authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
The sum of the dissolved and undissolved solid constituents
of water or wastewater.
The sum of all quantifiable values of various organic pollutants
as determined by the Township or, for certain categorical industrial
users, as defined in the applicable categorical standard.
The Township of Blair, Blair County, Pennsylvania, a municipal
corporation existing under the laws of the Commonwealth of Pennsylvania,
the Township Supervisors thereof, its employees, agents and officials.
The term Township is used as synonymous with the term POTW, publicly
owned treatment works, or control authority.
A plan submitted in lieu of testing for total toxic organics
in which an industrial user specifies methods of control to assure
that total toxic organics do not routinely enter the sewer system.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provisions of Section 307(a) of the Act, or identified in sludge regulations
under Section 405(d) of the Act,[5] which is applicable to the sewage treatment plant sludge.
Discharge of an unauthorized waste, or a discharge which
otherwise is not in compliance with the requirements of the Industrial
Pretreatment Program, this article, or other rules or regulations
of the Township.
Any substance which is discharged into the sewage collection
system which is not in compliance with the provisions of the Industrial
Pretreatment Program, or which is discharged by a person in violation
of any of the provisions of this article.
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
Industrial wastes or domestic wastes from dwellings, commercial
buildings, industrial facilities, and institutions, together with
any groundwater, surface water, and stormwater that may be present,
whether treated or untreated, which enters the sewer system.
As set forth in § 325-36C of this article.
As set forth in § 325-36C of this article with the following conditions:
Involve the same or similar types of operations;
Discharge the same types of wastes;
Requires the same effluent limitations;
Require the same or similar monitoring; and
In the opinion of the Township, are more appropriately controlled
under a general wastewater discharge permit than under an individual
wastewater discharge permit.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
[1]
Editor's Note: See 33 U.S.C. § 1317.
[2]
Editor's Note: See 33 U.S.C. § 1345, 42 U.S.C. § 6901
et seq., 42 U.S.C. § 7401 et seq., 15 U.S.C. § 2601
et seq., and 33 U.S.C. § 1401 et seq., respectively.
[3]
Editor's Note: See 33 U.S.C. § 1317(c).
[4]
Editor's Note: See 33 U.S.C. § 1317.
[5]
Editor's Note: See 33 U.S.C. §§ 1317(a) and
1345(d).
A.
Regulated discharges.
(1)
Discharge of stormwater. No person shall discharge or cause or permit
to be discharged any surface water, groundwater, roof water, subsurface
drainage, building foundation drainage or stormwater from pavements
and area ways into any sanitary sewer. Discharges of stormwater into
combined sewers is allowed to the extent provided by state and Township
statute, ordinance, or regulation.
(2)
Storm sewers. No person shall introduce or cause or permit to be
introduced any wastewater, sanitary sewage, or industrial waste into
any storm sewer.
(3)
Prohibited discharges. No user shall discharge or cause to be discharged,
directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the sewer system. These general
prohibitions apply to all users, whether or not the users are subject
to any other pretreatment requirements. No person may discharge any
of the following substances to the sewer system:
(a)
Any liquids, solids or gases which by reason of their nature
or quantity are or may be sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the sewer system or to the operation of the sewer
system. At no time shall two successive readings on an explosion hazard
meter at the point of discharge into the system (or at any point in
the system) be more than 5%, nor any single reading over 10% of the
lower explosive limit (LEL) of the meter. At no time shall the closed
cup flash point of the discharged wastewater be less than 140°
F. (60° C.) using the test methods specified in 40 CFR 261.21.
Prohibited materials include, but are not limited to, the following
substances in concentrations which will cause them to exceed the above
standard: gasoline, kerosene, naphtha, benzene, ethers, alcohols,
peroxides, chlorates, perchlorates, bromates, and carbides.
(b)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the sewer
system, such as, but not limited to: grease, garbage with particles
greater than 1/2 inch in any dimension, animal guts or tissues, paunch
manure, bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
wastepaper, wood, plastics, gas, tar, asphalt residues, residues from
refining or processing of fuel or lubricating oil, mud, or glass grinding
or polishing wastes.
(c)
Any wastewater having a pH less than 5.5 or higher than 10.0,
or wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment, and/or personnel of the
sewer system.
(d)
Any wastewater containing pollutants in sufficient quantity,
either singly or by interaction with other constituents of the wastewater,
to injure or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a toxic effect in the receiving
waters of the sewage treatment plant, or to exceed the limitation
set forth in an applicable categorical standard.
(e)
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other substances present in the sewer
system are sufficient to create a public nuisance or hazard to life
or are sufficient to prevent entry into the sewer system for maintenance
and repair.
(f)
Any substance which results in the formation or release of toxic
gases, vapors or fumes in a quantity that may cause acute worker health
and safety problems.
(g)
Any petroleum oil, nonbiodegradable cutting oil, or products
of mineral oil origin in amounts that will cause interference or pass-through.
(h)
Any substance which may cause the sewage treatment plant's
effluent or any other product of the sewage treatment plant, such
as residues, sludges, or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case shall
a substance discharged to the sewer system cause the sewage treatment
plant to be in noncompliance with sludge use or disposal criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Clean Water Act, Solid Waste Disposal Act, the Clean
Air Act, the Toxic Substances Control Act,[1] or state criteria applicable to the sludge management
method being used.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq., 42
U.S.C. § 6901 et seq., 42 U.S.C. § 7401 et seq.,
15 U.S.C. § 2601 et seq., respectively.
(i)
Any substance which will cause the Authority to violate its
NPDES and/or state water quality management permit or applicable receiving
water quality standards.
(j)
Any wastewater with objectionable color which will pass through
the sewage treatment plant or which will cause or contribute to pollution,
such as, but not limited to, dye wastes and vegetable tanning solutions.
(k)
Any wastewater having a temperature which will inhibit biological
activity in the sewage treatment plant resulting in interference,
but in no case wastewater with a temperature at the discharge into
the sewer system which exceeds 40° C (104° F.) or is less
than 0° C. (32° F.).
(l)
Any pollutants, including oxygen-demanding pollutants (BOD,
COD, etc.), released at a flow rate and/or pollutant concentration
which will cause interference to the sewage treatment plant or interfere
with the operation of the sewer system.
(m)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Township or applicable state or national standards, cause interference,
or otherwise adversely impact the POTW or cause or contribute to pollution.
(n)
Any trucked or hauled wastewater or pollutants at any point
other than a point specifically designated by the Township.
(o)
Any wastewater which is incompatible with treatment processes
in use at the sewage treatment plant so as to cause interference or
pass-through.
(p)
Any wastewater containing any compounds or salts of aldrin,
dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic
acid, trichlorophenoxypropionic acid, or other persistent herbicides,
pesticides or rodenticides.
(q)
Any infectious waste.
(4)
Unauthorized discharges. Except as otherwise provided in § 325-39 of this article, any discharge that is prohibited under Subsection A(3) of this section shall be considered an unauthorized discharge and the Township may take whatever steps are necessary to halt such a discharge as set forth in §§ 325-36D and 325-37 of this article, or as otherwise provided by law.
(5)
Categorical standards. If the categorical standards for a particular
industrial user are more stringent than local limits or other requirements
imposed under this article, then the categorical standards shall apply.
The national categorical pretreatment standards, as set forth in 40
CFR Part 405 et seq., are hereby incorporated into the Industrial
Pretreatment Program as program requirements for those industrial
users subject to such categorical standards.
(6)
State requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than national
requirements and limitations or those established under this article.
(7)
Local limits. The Township may establish, and review from time to
time, local limits regulating the discharge of specific pollutants
by industrial users. Local limits developed to prevent pass-through
or interference, or to implement prohibitive discharge standards shall
be approved by the approval authority.
(a)
Local limits may be established for any substance which is discharged,
or is likely to be discharged, to the sewer system.
(b)
Local limits may limit concentration, mass, or a combination
of the two.
(c)
The procedure for the calculation of local limits may be as
recommended by the approval authority or otherwise considered appropriate
by the Township.
(d)
Local limits shall be calculated for pollutants, as deemed necessary,
to prevent interference and pass-through. In addition, local limits
may be calculated to prevent the discharge of toxic materials in toxic
amounts; threats to worker health and safety; physical, chemical or
biological damage to the sewer system; or such other factors as deemed
appropriate by the Township.
(e)
Local limits are applicable to all significant industrial users
and may be included in wastewater discharge permits. Local limits
may be imposed on discharges from other users as deemed appropriate
by the Township.
(f)
Discharging any pollutant in excess of a local limit established
for that pollutant shall constitute an unauthorized discharge.
(g)
The Hollidaysburg regional wastewater treatment plant headworks,
local limits for industrial discharges, are hereby established as
follows:
[Amended 12-11-2018 by Ord. No. 2018-04]
|
Pollutant
|
Local Limit Monthly Average Mass
(pounds/day)
|
|---|---|
|
Arsenic
|
0.55
|
|
Cadmium
|
0.07
|
|
Chromium
|
0.32
|
|
Copper
|
1.19
|
|
Lead
|
0.41
|
|
Mercury
|
0.012
|
|
Molybdenum
|
Monitor only
|
|
Nickel
|
Monitor only
|
|
Selenium
|
Monitor only
|
|
Silver
|
0.93
|
|
Zinc
|
3.02
|
|
Cyanide
|
1.87
|
(8)
Prohibition on dilution. Except where expressly authorized to do
so by an applicable categorical standard or pretreatment requirement,
no industrial user shall in any way attempt to dilute a discharge
as a partial or complete substitute for adequate pretreatment to achieve
compliance with the limitations contained in applicable categorical
standards, or in any other pollutant-specific limitation, including
local limits, developed by the Township or state.
(9)
Best management practices. Best management practices (BMPs) will
be required to be submitted by industrial users (IUs), in addition
to numeric values established by local limit, that address all of
the components outlined in the official definition of BMP as mentioned
above. The plan will include any documentation pertaining to existing
spill and slug control plans for IUs. BMP requirements and amendments
will be established in SIU control documents (permits) as applicable.
These control documents may be industrial waste permits or general
control mechanisms. Certain IUs, as deemed necessary by the Township,
shall be required to follow BMPs instead of, or in addition to, numeric
limits where calculations of numeric limits are not feasible. These
requirements may be all or some of the following:
(a)
Specific notice to IUs of requirements and enforceability shall
be included in control documents.
(b)
Installation of treatment and equipment shall be outlined and
include criteria for specifications that the equipment must satisfy.
(c)
Requirements for or prohibitions on certain practices, activities,
or discharges shall be incorporated in control documents as deemed
protective.
(d)
Requirements for operation and maintenance (O&M) of treatment
units shall be incorporated in control documents, as deemed appropriate,
to ensure that treatment systems continue to perform as designed and
installed.
(e)
Time frames associated with key activities shall be provided
when required equipment must be installed and fully operational, and
will be included in control documents.
(f)
Specific procedures for compliance certification, reporting
and records retention will be included in control documents.
(g)
Provisions for reopening or revoking the BMP conditions will
be included in control documents if the Township determines that it
is easier to establish compliance with numeric values or when the
user has failed to achieve compliance.
(10)
Slug loads and spills. Each industrial user shall provide protection
from spills or accidental discharges that may result in unauthorized
discharges or slug load discharges. Facilities to prevent spills and
slug loads shall be provided and maintained at the owner or industrial
user's own cost and expense.
(a)
Notification. In the case of a spill or slug load or any changes
in conditions affecting the potential for slug discharges or any other
unauthorized discharge, it is the responsibility of all industrial
users to, immediately upon discovery of the spill, slug load or other
unauthorized discharge, telephone and notify the Township of the incident.
The notification shall include the location of the discharge, type
of waste, concentration and volume, corrective actions being taken
or planned, and expected duration.
(b)
Notice to employees. A notice shall be permanently posted on
the industrial user's bulletin board or other prominent place
advising employees whom to call in the event of a slug, spill or other
unauthorized discharge. Employers shall insure that all employees
who may cause or suffer such a discharge to occur are advised of the
emergency notification procedure.
(c)
Written notice. Within five days following a spill, slug load, or other unauthorized discharge, the industrial user shall submit to the Township a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewer system, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article or applicable law. This notice requirement may be waived by the Township for an industrial user which is not required to submit a plan under Subsection A(10)(d), below.
(d)
SPCC plans.
[1]
All significant industrial users existing at the time of enactment
of this article shall complete and submit for approval a spill prevention
control and countermeasure (SPCC) plan, or provide acceptable evidence
that such a plan is not necessary for their facility, within one year
of an industry being identified as significant in accordance with
40 CFR 403.8(f)(2)(vi).
[2]
No significant industrial user who commences discharge to the
sewer system after the effective date of this article shall be permitted
to introduce pollutants into the sewer system until it has completed
and submitted for approval an SPCC plan, or provided acceptable evidence
that such a plan is not necessary for its facility. The Township,
at its discretion, may require an SPCC plan for any other industrial
user, whether or not they discharge process wastewater into the sewer
system.
[3]
SPCC plans for significant industrial users shall, at a minimum,
contain the elements specified in 40 CFR 403.8(f)(1)(iii)(B)(6) and
403.8(f)(2)(vi). SPCC plans shall be submitted to the Township for
review by the Township to determine if a plan is needed before approval
or implementation of the plan or construction of any required facilities.
Review and approval of such plans, facilities and operating procedures
by the Township shall not relieve the industrial user from the responsibility
to modify its facility as necessary to meet the requirements of the
Industrial Pretreatment Program, nor shall such review and approval
be deemed to constitute any assurance or warrant on the part of the
Township as to the effectiveness or safety of the SPCC plan. An industrial
user will be inspected and reevaluated at least annually for the need
and effectiveness of its current SPCC plan. The Township reserves
the right to review and require revisions to the current SPCC plan
and facility as deemed necessary to fulfill the requirements specified
above.
[4]
At any time an IU has changes that have occurred, or are planned
for the future, at their facility affecting the potential for a slug
discharge, the IU must notify the Township immediately upon becoming
aware of any such changes in accordance with 40 CFR 403.8(f)(2)(vi).
A reevaluation will be conducted to determine if an SPCC plan must
be completed and approved or updated. If an IU has been issued an
industrial waste permit, requirements for documentation or notification
regarding slug/spill control will be included in the permit.
(11)
Garbage grinders. The discharge of garbage to the sewer system is expressly prohibited unless said garbage is properly shredded to comply with the provisions of Subsection A(3)(b) of this article.
(12)
Trucked and hauled wastes.
(a)
Discharge of trucked or hauled wastes shall only be made at
a point designated by the Township.
(b)
Such wastes shall conform to all requirements of the Industrial
Pretreatment Program regarding prohibited discharges, regulated characteristics,
local limits, or other requirements as to nature and concentration.
(c)
No trucked or hauled wastes shall be discharged except as specifically
approved by the Township. The Township may require testing, reporting,
or other specific information to be presented by the operator or owner
prior to discharge.
(13)
Grease and sand traps. Grease, oil and sand interceptors or traps shall be provided by a user when the Township determines that such devices are necessary for the proper handling of wastewaters containing greases, oils or settleable solids. Interceptors and traps shall be installed, operated, maintained and cleaned properly so that they will consistently remove the grease, oil or settleable solids. Interceptors and traps shall be properly designed to accommodate the maximum flow rate expected to occur in accordance with Chapter 10 of the International Plumbing Code and shall be located as to be readily and easily accessible for cleaning and inspection.
(14)
Notification requirements — hazardous wastes and hazardous
substances.
(a)
All industrial users shall notify the Township, the EPA Regional
Waste Management Division Director, and the Pennsylvania Department
of Environmental Protection, Bureau of Waste Management, 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 shall 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 industrial
user discharges more than 100 kilograms of such waste per calendar
month, the notification shall also include the following information,
to the extent that it is known and readily available to the industrial
user:
[1]
An identification of the hazardous constituents contained in
the waste;
[2]
An estimation of the mass and concentration in the wastewater
of all such constituents discharged in the most recent month; and
[3]
An estimate of the mass and concentration of such constituents
expected to be discharged during the following 12 months.
(b)
Industrial users that commence discharge of a hazardous waste after the effective date of this article shall submit the report within 180 days of first discharge of the hazardous waste, except as provided in Subsection A(14)(d) of this section. If the new discharge constitutes a change in the character of the industrial waste, the industrial user shall also comply with the requirements of § 325-36C(20) of this article. In the case of any new regulations under 40 CFR Part 261 identifying additional wastes as characteristic or listed hazardous waste, the industrial user discharging such substances shall submit the report within 90 days of the effective date of the new regulations.
(c)
The required report need be submitted only once for each hazardous
waste discharged. Industrial users regulated under categorical standards
which have already reported such substances in baseline monitoring
reports, ninety-day compliance reports or periodic compliance reports
do not have to report this information again.
(d)
Industrial users that discharge less than 15 kilograms of hazardous
wastes in a calendar month do not have to comply with these reporting
requirements. This exemption does not apply to acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e).
(e)
Each notification required by this section shall include a statement
certifying that the industrial user has a program in place to reduce
the volume and/or toxicity of the discharged wastes to the extent
that it is economically practical. This statement shall be signed
by the authorized representative of the industrial user.
B.
Fees.
(1)
Purpose. It is the purpose of this article to provide for the recovery
of costs from industrial users of the sewer system for the implementation
of the Industrial Pretreatment Program established herein. The applicable
charges or fees shall be set forth in the Township's Schedule
of Charges and Fees.
(2)
Fees that may be charged. The Township may assess charges and fees
included in the current applicable Schedule of Fee and Charges Resolution,
which may include:
(a)
Fees for reimbursement of costs of setting up and operating
the Industrial Pretreatment Program;
(b)
Fees for monitoring, sampling, inspections and surveillance
procedures;
(c)
Fees for reviewing accidental discharge procedures (SPCC plans)
and construction;
(d)
Fees for wastewater discharge permit applications and renewals;
(e)
Fees for filing appeals;
(f)
Fees for consistent removal (by the sewage treatment plant)
of pollutants otherwise subject to categorical standards; and
(g)
Other fees as the Township may deem necessary to carry out the
requirements contained herein.
These fees relate solely to the matters covered by this article
and are separate from all other fees chargeable by the Township.
C.
Permits and reports for industrial waste discharged into the sewer
system.
(1)
Requirement for wastewater discharge permits.
(a)
Discharge of any industrial waste to the sewer system without
a wastewater discharge permit, except as authorized by the Township
in accordance with the provisions of this article, is an unauthorized
discharge and subject to the penalties provided herein.
(b)
The Township reserves the right, at its sole discretion, to
deny the issuance of a wastewater discharge permit, or to issue such
a permit conditionally.
(2)
Significant industrial users.
(a)
All significant industrial users proposing to connect to or
to discharge to the sewer system shall obtain a wastewater discharge
permit before connecting to or discharging to the sewer system.
(b)
All significant industrial users that are connected to or discharging
to the sewer system at the time of enactment of this article shall
apply for and obtain an individual wastewater discharge permit, identified
as significant under 40 CFR 403.3(v), within 90 days of the effective
date of this article, except as follows:[2]
[1]
At the discretion of the Township, this control may include
use of general wastewater discharge permits.
[2]
The user must file a written request for coverage that identifies
its contact information, production processes (if applicable), the
types of wastes generated, the location for monitoring all wastes
covered by the general wastewater discharge permit, and any other
information the Township deems appropriate.
[3]
In accordance with 40 CFR 403.6(e) and 403.15, an industry is
not eligible to be issued a general wastewater discharge permit if
any of the following apply:
[a]
If the facility is subject to production-based
categorical pretreatment standards;
[b]
If the categorical pretreatment standards are expressed
as mass of pollutant discharged per day;
[c]
If the industrial user has limits that are based
on the combined waste stream formula or net/gross calculations.
(3)
No pollutant present.
(a)
The authorization of a no pollutant present waiver is on a case-by-case
basis, is the sole discretion of the Township, and is subject to the
following conditions:
[1]
The pollutant shall be present solely due to sanitary wastewater
discharged from the facility, provided that the sanitary wastewater
is not regulated by an applicable categorical standard and otherwise
includes no process wastewater.
[2]
The waiver is valid only for the duration of the wastewater
discharge permit.
[3]
The industrial user must submit a new request for the waiver
before the waiver can be granted for any subsequent wastewater discharge
permits. This waiver must be signed by an authorized representative
of the facility and include the certification statement included in
the facility's permit renewal.
[4]
The industrial user must provide data from at least one sampling
of the facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all
processes.
[5]
Nondetectable sample results may only be used as a demonstration
that a pollutant is not present if a certified laboratory performed
the analysis, and if EPA-approved methods from 40 CFR Part 136 with
the lowest minimum detection level for that pollutant were used in
the analysis.
[6]
A grant for the monitoring of a pollutant shall be incorporated
into the industrial user's wastewater discharge permit.
[7]
An industrial user shall certify on each sampling or compliance
report that there has been no increase in the pollutant in its waste
stream due to activities of the industrial user. This certification
of no pollutant present shall be provided with the industrial user's
wastewater discharge permit.
[8]
In the event that a waived pollutant is found to be present
or is expected to be present based on changes that occur in the IU's
operations, the IU must immediately comply with the monitoring requirements
outlined in the current wastewater discharge permit or more frequent
monitoring as determined by the Township.
[9]
If an industrial user makes changes to processes, flow, wastewater
concentration, wastewater characteristics, or other changes which
result in the industrial user meeting the definition of significant
industrial user, the industrial user shall, immediately upon becoming
aware that such a change has occurred, or 90 days prior to such a
change if it is planned by the industrial user, notify the Township
and the industrial user will be considered an SIU and the "no pollutant
present" waiver will no longer be in effect. At that time, the IU
will be required to comply with the monitoring requirements outlined
in the IU's current wastewater discharge permit.
(b)
The Township may reduce the required sampling events to one
per year, unless required more frequently in the pretreatment standard,
if the IU meets all of the following conditions:
[1]
The IU's categorical wastewater flow does not exceed 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by the POTW in accordance with 40 CFR 403.5(c) of the general pretreatment requirements. In addition, this flow cannot exceed 0.01% of the dry weather hydraulic or organic treatment capacity of the POTW; provided, however, that if the IU is considered an SIU as defined in Subsection C(4)(b), then reduced sampling shall not apply.
[2]
The IU has not been in significant noncompliance, as defined in Subsection D(11) of this section, for the past two years.
[3]
The IU does not have daily flow rates, production levels, or
pollutant levels that vary so significantly that decreasing the reporting
and sampling requirements will result in data that is not representative
of wastewater flows or conditions.
[4]
The Township must retain documentation to support the determination that a specific industrial user qualifies for reduced reporting requirements under § 325-36C(3) of this article for a period of three years after expiration of the term of this permit.
(4)
Other industrial users.
(a)
Except as otherwise required by the Township on a case-by-case
basis, industrial users which are nonsignificant industrial users
do not require a wastewater discharge permit, but are required to
comply with all other provisions of this article, including the need
to develop a slug/spill control plan if deemed necessary by the Township.
(b)
If an industrial user makes changes to processes, flow, wastewater
concentration, wastewater characteristics, or other changes which
result in the industrial user meeting the definition of significant
industrial user, the industrial user shall, immediately upon becoming
aware that such a change has occurred, or 90 days prior to such a
change if it is planned by the industrial user, notify the Township
and apply for a wastewater discharge permit.
(c)
If a user is required by the Township to have a slug/spill control
plan as part of its BMPs, it shall be included in the IU's industrial
waste permit.
(d)
The Township, at its discretion, may modify the time frame for
submission of a permit application and may require any nonsignificant
industrial users to apply for and obtain a wastewater discharge permit
as the Township deems appropriate.
(5)
Signatory requirements. When an application for a wastewater discharge permit, any required report, an appeal, waiver, or any other document as required by this article or pretreatment requirements is submitted to the Township by an industrial user, such document shall be submitted to the Township prior to or together with any report being submitted and signed by an authorized representative of the industrial user as defined in § 325-35 of this article. If an authorization under Subsection D of the definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for the environmental matters for the company:
(6)
Permit applications.
(a)
Industrial users required to obtain a wastewater discharge permit
shall complete and file with the Township an application in the form
prescribed by the Township and accompanied by the prescribed fee.
A new facility planning to discharge to the sewer system shall make
such submission prior (e.g., 90 days in advance) to the date it intends
to connect to or discharge to the sewer system so as to provide ample
time for the permitting process. In support of the application, the
industrial user shall submit, in units and terms appropriate for evaluation,
the following information:
[1]
Name, address, and location (if different from the address).
[2]
SIC number or numbers according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
[3]
Wastewater constituents and characteristics as required by the
Township, as determined by a qualified analyst;
[a]
Sampling and analyses must be based upon data obtained
through appropriate sampling and analysis performed during the period
covered by the report, which data are representative of conditions
occurring during the reporting period and performed in accordance
with procedures established by appropriate EPA guidance pursuant to
Section 304(g) of the Act[3] and contained in 40 CFR Part 136, as amended;
[3]
Editor's Note: See 33 U.S.C. § 1314(g).
[b]
Sample results shall be accompanied by a signed
statement of the authorized representative that the samples analyzed
are representative of normal discharge during the routine operation
of the discharging facility;
[c]
In lieu of analytical results when a new facility
is planned and wastewater is not available for analysis, the applicant
may provide:
[4]
Each product by type, amount, process or processes and rate
of production, or, for new facilities, a reasonable estimate thereof.
[5]
Type and amount of raw materials processed (average and maximum
per day), or, for new facilities, a reasonable estimate thereof.
[6]
Number and type of employees, and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
[7]
Time and duration of wastewater or industrial waste contribution.
[8]
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variation if any.
[9]
Site plans, floor plans, mechanical and plumbing plans and details
to show all floor drains, building sewers, sewer connections, and
appurtenances by the size, location and elevation.
[10]
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
[11]
The nature and concentration of any pollutants
in the discharge which are limited by any Township, state, or national
pretreatment requirement (including local limits), prohibitive discharge
standard or categorical standard, and a statement regarding whether
or not the categorical standard, prohibitive discharge standard or
pretreatment requirements are being met on a consistent basis, and
if not, how the industrial user proposes to meet the applicable standards
or other pretreatment requirements, including whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the industrial user to meet the applicable standard or requirement.
If the applicant is a categorical industrial user, this statement
shall be signed by a certified professional.
[12]
If additional pretreatment and/or O&M will
be required to meet categorical standards, prohibitive discharge standards,
or other pretreatment requirements (including local limits), the shortest
schedule by which the industrial user will provide such additional
pretreatment shall be developed and submitted. The completion date
of this schedule for any categorical standard shall not be later than
the compliance date established for the applicable categorical standard.
The following conditions shall apply to this schedule:
[a]
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the industrial user to meet the applicable categorical
standards or other pretreatment requirements (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing construction,
etc.).
[b]
For compliance with a categorical standard, no
increment referred to in Subsection C(6)(a)[12][a] shall exceed nine
months.
[c]
Not later than 14 days following each date in the
schedule pertaining to compliance with a categorical standard and
the final date for compliance, the industrial user shall submit a
progress report to the Township, including, as a minimum, whether
or not it complied with the increment of progress to be met on such
date, and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken
by the industrial user to return the construction to the schedule
established. In no event shall more than nine months elapse between
such progress reports to the Township.
[13]
Any other information as may be deemed by the
Township to be necessary to evaluate the application.
[14]
The application shall be signed and attested to
by an authorized representative of the industrial user.
[17]
In the cases where the standard requires compliance
with a best management practice or pollution prevention alternative,
the IU shall submit documentation as required by the Township or the
applicable standard to determine compliance with the standard.
[18]
Slug/spill control requirements for an SPCC plan, or any conditions of the approved SPCC plan, will be conditions for compliance and will be referenced in the IU wastewater discharge permits as referenced in § 325-36A(10) of this article.
(b)
The Township will evaluate the data furnished by the industrial
user and may require additional information, which information shall
be submitted within a reasonable time by the industrial user. After
evaluation of the information furnished, the Township may issue a
wastewater discharge permit subject to terms and conditions provided
herein.
(7)
Confidentiality of applications.
(a)
All information required by the Township in the permit application
shall be provided by the industrial user to the best of its ability.
(b)
If information regarding raw materials, processes, production
rates or other manufacturing information is regarded as confidential
by the industrial user, such information shall be marked "confidential"
on the application form.
(c)
Confidentiality shall not apply to information regarding the
flow of or the constituents in the industrial wastewater discharge.
(8)
Wastewater discharge permit conditions.
(a)
Wastewater discharge permits are hereby expressly subject to
all provisions of this article and all other applicable regulations,
user charges and fees established by the Township. Permits shall contain
the conditions specified in 40 CFR 403.8(f)(1)(iii)(B)(6) and 40 CFR
403.12(b), (e), (g), (h). Permits may contain, but are not limited
to, the following:
[1]
Limits on the average and maximum wastewater or industrial waste
constituents and characteristics, including flow, local limits and/or
categorical standards, as applicable;
[3]
Requirements for submission of technical reports or discharge
reports, including the information to be contained therein and the
signatory requirements of these reports;
[4]
Specifications for monitoring programs, which may include the
specific substances to be analyzed, sampling locations, frequency
of sampling, number, types and standards for tests, toxicity testing,
procedures for sampling and reporting schedules;
[5]
Requirements for maintaining and retaining records relating
to industrial waste and wastewater discharges and characteristics
as specified by the Township, and affording the Township access thereto;
[6]
Applicable best management practices will be included in an IU's wastewater discharge permit, as required by 40 CFR 403.8(f)(1)(iii)(B)(3) and outlined in § 325-36A(9);
[7]
Requirements for notification to the Township of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being discharged into
the sewer system;
[8]
Requirements for notification of slug loads and spills as per § 325-36A(10);
[9]
Statement of duration of the wastewater discharge permit, as provided in Subsection C(10) of this section;
[12]
Requirements pertaining to modification, suspension,
and termination of the wastewater discharge permit and notification
of appeal rights;
[13]
Limits on average and maximum rate and time of
discharge or requirements for flow regulation and equalization;
[14]
Requirements for installation and maintenance
of inspection and sampling facilities;
[15]
Requirements for installation and maintenance
of pretreatment facilities;
[16]
Requirements for developing and implementing special
plans or practices, such as toxic organic management plans, toxic
reduction evaluations, special management or housekeeping practices,
or other such procedures;
[17]
Compliance schedules;
[18]
The unit charge or schedule of user charges and
fees for the wastewater to be discharged to the sewer system; and
[19]
The industrial user must notify the Township immediately of any changes at its facility causing it to no longer meet conditions outlined in Subsection C(4) of this Subsection C regarding no pollutant present. Upon notification, the IU must immediately comply with reporting requirements set forth in the current wastewater discharge permit.
[20]
Other conditions as deemed appropriate by the
Township to ensure compliance with this or any other applicable ordinance
and applicable federal, state and local pretreatment requirements.
(b)
A wastewater discharge permit, or general control mechanism,
in addition to implementing requirements as mandated by federal pretreatment
regulations, may be a means for the Township to implement other requirements
in accordance with federal, state and local law. Implementation and
enforcement of such provisions shall be at the discretion of the Township.
(9)
Transferability of permits. wastewater discharge permits are issued
to a specific industrial user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to
a new person, new industrial user, different premises, or a new or
changed operation without the approval of the Township. If such a
transfer is approved by the Township, the existing owner or operator
shall provide a copy of the wastewater discharge permit to the new
owner or operator. Any succeeding industrial user shall also comply
with the terms and conditions of the existing wastewater discharge
permit. The Township may, at its discretion, deny the transfer of
a wastewater discharge permit and require application for a new wastewater
discharge permit by the transferee under the provisions of this section.
(10)
Duration and modification of wastewater discharge permits.
(a)
Wastewater discharge permits shall be issued for a specified
time period, not to exceed five years. A wastewater discharge permit
may be issued for a period of less than five years or may be dated
to expire on a specific date. Except as otherwise approved by the
Township, the industrial user shall apply for reissuance of the wastewater
discharge permit a minimum of 90 days prior to the expiration of the
industrial user's existing wastewater discharge permit.
(b)
The terms and conditions of the wastewater discharge permit may be subject to modification by the Township during the term of the wastewater discharge permit as limitations or requirements as identified in § 325-36A are modified or other just cause exists, including but not limited to the following:
[1]
Violation by the permittee of any term or condition of the wastewater
discharge permit and/or any requirement set forth in an applicable
pretreatment law, ordinance, regulation or rule by the permittee;
[2]
A wastewater discharge permit was obtained by misrepresentation
or failure to disclose fully all relevant facts in either a permit
application, application for renewal, or any report, including the
falsification of self-monitoring reports or the tampering with monitoring
equipment;
[3]
Promulgation of more stringent standards under federal, state
or local law, including the adoption of new or revised pretreatment
ordinances by the Township;
[4]
Changes in the processes used by the permittee or changes in
the volume or character of the industrial waste;
[5]
Changes in the design or capability of the POTW, NPDES permit
requirements or sludge disposal requirements;
[6]
A change in any condition that requires a temporary or permanent
reduction or elimination of the discharge;
[7]
Failure to allow timely access to the industrial user's
facility or records; and
[8]
Failure to timely pay fines, fees or applicable sewer charges.
(11)
Continuation of expired permits.
(a)
If the industrial user has applied for renewal as provided for in § 325-36C(10) and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect pending a decision on the application for a reissued permit by the Township.
(b)
If the wastewater discharge permit is not renewed because of
a failure of the industrial user to apply for renewal in a timely
fashion or through an act or omission of the industrial user, then
discharge of industrial waste by the industrial user without a wastewater
discharge permit is an unauthorized discharge and may be subject to
the enforcement actions provided for herein.
(12)
Appeal of wastewater discharge permits.
(a)
Any industrial user that is issued or reissued a wastewater discharge permit may appeal the permit conditions, in whole or in part. If a wastewater discharge permit is modified during its effective term, the industrial user may appeal only the conditions which have been changed. Appeal procedures applicable to these permit actions, as well as suspension or revocation of a wastewater discharge permit, shall be as set forth in § 325-36D(7) of this article.
(b)
During the process of appeal, the wastewater discharge permit shall remain in effect and shall be subject to potential enforcement unless, upon the request of the permittee, the Township grants a stay of permit condition(s). Pursuant to Subsection D(7), conditions imposed by federal or state regulations (e.g., categorical standards) shall not be appealed or stayed. Conditions which, in the opinion of the Township, would constitute a hazard or pose a potential threat of pollution if stayed shall not be stayed during an appeal.
(c)
The denial of issuance of a wastewater discharge permit may be appealed under the procedures set forth in § 325-36D(7) of this article.
(13)
Baseline monitoring reports.
(a)
Where an industrial user subject to a newly promulgated categorical standard (i.e., an existing source) has not previously submitted an application for a wastewater discharge permit as required by § 325-36C(6) of this article, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard:
[1]
Apply for a wastewater discharge permit;
[2]
Provide the baseline monitoring information required by 40 CFR
403.12(b) (this information may be incorporated into the application
for a wastewater discharge permit); and
[3]
Provide a compliance schedule for meeting the pretreatment standards as required by 40 CFR. 403.12(c) if such a schedule is required. The requirements of such a compliance schedule are described in Subsection C(6)(a)[12] of this Subsection C.
(b)
An industrial user with an existing wastewater discharge permit
shall submit to the Township within 180 days after the promulgation
of an applicable categorical standard the information required by
40 CFR 403.12(b).
(c)
A new source or industrial user that becomes a categorical industrial
user through a change in facilities or processes shall submit a report
containing the information required by 40 CFR 403.12(b) at least 90
days prior to commencement of discharge from the regulated process
or facility. This information may be incorporated into the application
for a wastewater discharge permit submitted in such time frame.
(d)
Baseline monitoring reports and all required industrial user
reports shall be signed and certified by an authorized representative
in accordance with 40 CFR 403.12(l) and 403.6(a)(2)(ii).
(14)
Categorical compliance report. Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following the commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Township a report in accordance with 40 CFR 403.12(d) including information indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal work cycles. The report shall also state whether the applicable categorical standards are being met on a consistent basis and if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in Subsection C(6)(a)[12] of this Subsection C. Such a schedule shall not have a compliance date later than that established for the applicable categorical standard. This statement shall be signed by an authorized representative of the industrial user in accordance with 40 CFR. 403.12(l) and 403.6(a)(2)(ii), and certified to by a certified professional.
(15)
Periodic compliance reports.
(a)
All industrial users (categorical and significant noncategorical)
must report to the Township, on forms prescribed by the Township,
at least twice a year; the date of the report to be as determined
by the Township. Reports may be required more frequently as deemed
necessary by the Township.
(b)
The reports required under this section must contain the information
required by 40 CFR. 403.12(b), 403.12(d), 403.12(e), 403.12(g), and/or
403.12(h), as applicable, including, at a minimum, data that is representative
of conditions during the reporting period, the measured concentrations
of all pollutants regulated by categorical standards or otherwise
regulated by the wastewater discharge permit, a record of any measured
daily flows and a statement of accuracy and completeness signed and
certified by the authorized representative of the industrial user
in accordance with 40 CFR 403.12(l) and 403.6(a)(2)(ii). Reports shall
also contain any other information as required by the Township.
(c)
For significant industrial users subject to categorical standards,
if discharge limits are based on mass units per production unit, then
production information regarding the regulated processes during the
reporting period shall be included in the report, along with flow
and concentration values, so that a determination of compliance or
noncompliance with categorical standards can be made.
(d)
In cases where the pretreatment standard requires compliance
with a best management practice (or pollution prevention alternative),
the IU shall submit documentation required by the Township or the
pretreatment standard necessary to determine the compliance status
of the IU.
(e)
For significant industrial users subject to categorical standards,
the report shall contain certification of compliance with those standards,
signed by a certified professional.
(f)
An annual certification. Nonsignificant categorical industrial
users, determined by the Township pursuant to 40 CFR 403.3(v)(2),
must annually submit a certification statement. This statement is
to be signed in accordance with the signatory requirements in 40 CFR
403.12(l) and shall be included in the IU's wastewater discharge
permit. This certification must accompany an alternative report required
by the Township.
(16)
Reporting and resampling of discharge limit violations.
(a)
If, upon receipt of valid sampling and testing results, an industrial
user becomes aware that a violation of discharge limits has occurred,
the industrial user shall, within 24 hours of becoming aware of the
violation, notify the Township of this fact. Except as otherwise approved
by the Township and provided by 40 CFR. 403.12(g)(2)(i) and (ii),
the industrial user shall also resample and analyze its discharge(s)
for each parameter found to be in violation and report the results
of the resampling and analysis to the Township within 30 days of becoming
aware of the violation.
(b)
If the Township has performed the initial sampling event, the industrial user may be required, if notified by the Township, to resample and follow the procedures set forth in Subsection C(15)(a) of this section; otherwise the repeat sampling shall be performed by the Township as required by 40 CFR 403.12(g)(2).
(c)
Each significant industrial user shall have a duty, on receipt
of validly obtained sampling and analysis results, of inspecting the
results and determining if any wastewater discharge permit condition
has been violated. Failure to examine and compare testing results
with wastewater discharge permit conditions shall not be a valid defense
for failure to comply with these reporting conditions.
(17)
Sampling and analysis.
(a)
Each industrial user, including SIUs and NSCIUs, must perform
waste stream sampling and analyses, including frequency and sample
type, in accordance with its wastewater discharge permit or as otherwise
required by the Township.
(b)
All sampling and analysis performed by the industrial user, including SIUs and NSCIUs, in compliance with wastewater discharge permit conditions, to prepare the reports required in Subsection C(13), (14), (15) and (16), of this Subsection C, or as otherwise required by the Township, must be based on data obtained through appropriate sampling and analysis during the reporting period. Sampling procedures and techniques are specified in 40 CFR Part 136, 40 CFR 403.12(g)(3) and (4), or appropriate EPA guidance, including appropriate preservation techniques. Unless otherwise required, all sampling should be performed during a normal production day and should reflect the usual and typical wastewater discharge of the user.
(c)
The industrial user, including SIUs and NSCIUs, may monitor
more frequently than otherwise required by the Township. If the industrial
user monitors any pollutant, subject to an effluent limitation at
the location designated for compliance monitoring, more frequently
than otherwise required by the Township using the procedures set forth
in 40 CFR Part 136 or otherwise required, the results of such monitoring
shall be included in the calculation and reporting of the data submitted
to the Township.
(d)
Where the Township performs the sampling or collects the required
information herein, the Township may waive the corresponding reporting
requirement as provided in 40 CFR 403.12(g) and 403.12(h).
(e)
The industrial user shall ensure that all monitoring and analytical
equipment it uses to monitor or otherwise analyze the pollutants discharged
to the sewer system are periodically calibrated and maintained at
intervals which ensure the accuracy of measurements.
(f)
If sampling results indicate that the industrial user has exceeded
an effluent limitation, the Township, as an enforcement response to
such violation, may require the industrial user to undertake increased
sampling. Upon notification from the Township, or as the condition
of a compliance schedule, the industrial user shall undertake such
additional monitoring as directed. In the event a violation has occurred
and no IU self-monitoring is required, the Township will resample
if necessary.
(18)
Monitoring facilities.
(a)
The Township may require an industrial user to provide and operate,
at the industrial user's own expense, monitoring facilities to
allow inspection, sampling, and flow measurement of the wastewater
or industrial waste discharge. The monitoring facility should normally
be situated on the industrial user's premises, but the Township
may, when such a location would be impractical or cause undue hardship
on the industrial user, allow the facility to be constructed in the
public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
(b)
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples for
analysis. The facility, sampling, and measuring equipment shall be
maintained at all times in a safe and proper operating condition at
the expense of the industrial user.
(c)
Whether constructed on public or private property, the sampling
and monitoring facilities shall be provided in accordance with the
Township's requirements and all applicable local construction
standards and specifications.
(d)
Construction shall be completed within 90 days following written
notification by the Township, unless the industrial user can show
to the Township's satisfaction that a longer time period is necessary.
(19)
Inspections. The Township and its duly authorized representatives,
including contractors, may inspect the facilities of any user to ascertain
whether the purpose of this article is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Township or its representatives
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying or in the performance of any of their duties. Areas which
are subject to inspection include, but are not limited to, areas which
could result in wastewater discharge to the sewer, such as manufacturing
areas and chemical storage areas; pretreatment facilities; spill prevention
and control facilities; hazardous waste generation areas; industrial
self-monitoring facilities and areas where relevant documentation
is kept or stored. The Township and approval authority and their agents
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations. Where a user has security measures in
force which would require proper identification and clearance before
entry onto their premises, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification,
personnel from the Township and approval authority will be permitted
to enter, without delay, for the purpose of performing their specific
responsibilities. It shall not be inferred, however, that the Township
is authorized to enter upon property of any industrial user under
this section for any purpose in the event such entry is not otherwise
allowable under Pennsylvania law.
(20)
Pretreatment facilities. Industrial users shall provide necessary
wastewater pretreatment as required to comply with this article and
shall achieve compliance with all applicable categorical standards
within the time limitations as specified by the applicable categorical
standards, and for other pretreatment requirements, shall achieve
compliance as specified by the state or Township, whichever is more
stringent. Any facilities required for pretreatment shall be provided,
operated, and maintained at the industrial user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the Township for review, and shall be acceptable
to the Township before construction of the facility. The review of
such plans and operating procedures will in no way relieve the industrial
user from the responsibility of modifying the facility as necessary
to produce a discharge which complies with the provisions of this
article. Any subsequent substantial changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Township prior to the industrial user's initiation of the changes.
The review and acceptance of plans and procedures by the Township
shall not be considered as an approval regarding their efficacy, safety
or reliability; such considerations are solely the responsibility
of the industrial user.
(21)
Change in operations.
(a)
Any industrial user contemplating or planning a substantial
change in the manufacturing process, raw materials, auxiliary processes,
pretreatment processes or other changes which may result in substantial
changes to wastewater character, composition, volume or rate of flow
shall notify the Township, in accordance with 40 CFR 403.12(j), in
writing at least 30 days prior to making such a change, or if the
change is not planned 30 days or more in advance, immediately upon
the decision to make such a change. If a change in wastewater characteristics
occurs without the knowledge of the industrial user, the industrial
user shall report the change immediately upon becoming aware of it.
The report shall include all information necessary to determine the
effect on the wastewater of the change. The Township may require the
industrial user to undertake a compatibility study to demonstrate
to the satisfaction of the Township that the wastewater to be discharged
is compatible with the sewer system, will not affect any requirements
imposed upon the Township (including sludge disposal requirements)
and will not otherwise adversely affect the POTW.
(b)
The Township may, on receipt of such a report:
[1]
Continue an existing wastewater discharge permit in effect;
[2]
Require application for a new wastewater discharge permit;
[3]
Modify an existing wastewater discharge permit to reflect the
changed nature of the waste;
[4]
Rescind and reissue an existing wastewater discharge permit
in order to make substantial changes in wastewater discharge permit
conditions;
[5]
Revoke an existing wastewater discharge permit or require the
industrial user to cease or prevent the discharge; or
[6]
Take such other action as it deems appropriate.
(22)
Confidentiality.
(a)
Information and data on an industrial user obtained from reports,
questionnaires, wastewater discharge permit applications and monitoring
programs and from inspections shall be available to the public or
any governmental agency without restriction unless the industrial
user specifically requests at the time of submission and is able to
demonstrate to the satisfaction of the Township that the release of
such information, processes or methods of production are entitled
to protection as trade secrets of the industrial user. Wastewater
constituents and characteristics shall not be recognized as confidential
information.
(b)
When requested by the person furnishing a report, and supported
by evidence acceptable to the Township as to need for protection as
confidential material, the portion 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 to the Township
and, upon request, to governmental agencies for uses related to this
article, the Authority's NPDES permit, any state permit and/or
the Industrial Pretreatment Program; in addition, such portions of
a report shall be available for use by the EPA, the state or any state
agency in judicial review or enforcement proceedings involving the
person furnishing the report.
(c)
When information accepted by the Township as confidential is
transmitted to any government agency, a notification to the industrial
user may be provided listing the confidential information transmitted
and the governmental entity requesting it. The person seeking confidentiality
protection of the information shall bear the burden of demonstrating
to the other governmental agency that such information is entitled
to confidential protection.
(23)
Records.
(a)
All industrial users shall keep and maintain records of monitoring
activities and results, wastewater discharge permits, waivers, reports,
and records of BMP compliance to the Township, in accordance with
40 CFR. 403.12(o)(1) and (2), for a minimum of three years. This period
shall be automatically extended for the duration of any litigation
concerning compliance with this article or where the industrial user
has been notified of a longer retention period by the Township.
(b)
The industrial user shall furnish the Township, within a reasonable
time, any information which the Township may request to determine
whether cause exists for modifying, reissuing, suspending or revoking
a wastewater discharge permit or to determine industrial user compliance.
The industrial user shall also furnish to the Township, upon request,
copies of records required to be kept. Where the industrial user becomes
aware that it failed to submit any relevant facts in an application
for a wastewater discharge permit or submitted incorrect information
in an application for a wastewater discharge permit, report to the
Township, or in any other correspondence or communication pertaining
to its industrial wastewater discharge, it shall promptly submit such
facts or information.
D.
Enforcement.
(1)
Right to refuse.
(a)
The Township reserves the right to refuse to accept wastewater,
or combinations of wastewater, which are discharged in violation of
the terms or conditions of the Industrial Pretreatment Program, or
any permit or written directions issued by the Township pursuant to
the conditions of the Industrial Pretreatment Program. The Township
may take such steps as it deems necessary, as outlined in this article,
to compel discontinuance of use of the sewer system or to require
pretreatment of industrial wastes in order to comply with the provisions
of this article. The Township may exercise its right of refusal by
denial of issuance of a wastewater discharge permit; in such a case
the discharge of industrial waste by the industrial user in question
is prohibited.
(b)
Discharge of any industrial waste to the sewer system by a significant industrial user, or by any other user required to have a permit under Subsection C(4), without a wastewater discharge permit is an unauthorized discharge, as provided in Subsection C(1) of this section, and may be subject to the penalties provided herein.
(2)
Show-cause hearing.
(a)
The Township may direct any industrial user who causes or allows
an unauthorized discharge to enter the sewer system, or who violates
any condition or requirement of the Industrial Pretreatment Program
or its wastewater discharge permit, to show cause before the Township
why the proposed enforcement action should not be taken. A written
notice may be served on the industrial user specifying the time and
place of a hearing to be held by the Township regarding the violation,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the industrial user to show cause before the
Township why the proposed enforcement action should not be taken.
The notice of the hearing may be served personally or by registered
or certified mail (return receipt requested) at least 10 days before
the hearing. Service may be made on any agent or officer of a corporation
if the industrial user is a corporation.
(b)
The Township may itself conduct the hearing and take the evidence,
or may designate any of its members or any representative to:
[1]
Issue in the name of the Township notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
[2]
Take the evidence;
[3]
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Township
for action thereon.
(c)
At any hearing held pursuant to this article, testimony taken
may be under oath and recorded stenographically. The transcript, so
recorded, will be made available to any member of the public or any
party to the hearing upon payment of the usual charges thereof.
(d)
After the Township has reviewed the evidence, it may, in writing,
direct the industrial user to take certain actions to correct the
unauthorized discharge or to achieve compliance. The actions which
may be directed include, but are not limited to:
[1]
Installation of pretreatment facilities or equipment;
[2]
Modification or additions to existing pretreatment facilities
or equipment;
[3]
Initiation of management practices which are required to alter
the nature of the industrial waste being discharged;
[4]
Development or implementation of SPCC plans or other measures;
[5]
Other measures found to be necessary to correct the unauthorized
discharge or other noncompliance.
[6]
The direction may be in the form of a schedule for compliance,
setting dates by which certain actions shall be taken.
(e)
Failure of an industrial user to comply with written directions
issued pursuant to a hearing constitutes a violation of this article.
(3)
Revocation of permit.
(a)
Any industrial user who violates the following conditions of
this article, or applicable state and federal regulations, is subject
to having its wastewater discharge permit revoked.
[2]
Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics as required in Subsection C(21) of this section;
[3]
Refusal of reasonable access to the industrial user's premises
for the purpose of inspection or monitoring; or
[4]
Violation of conditions of the wastewater discharge permit.
(b)
Any industrial user notified of a revocation of its wastewater
discharge permit may be required to immediately stop or eliminate
the discharge (even if an appeal of the revocation notice is pending).
In the event of a failure of the industrial user to comply voluntarily
with the notice of revocation, the discharge shall be considered an
unauthorized discharge and the Township may take such steps as deemed
necessary, which may include immediate severance of the connection
between the building sewer and the sewage collection system or discontinuance
of water service, to prevent or minimize damage to the sewer system
or endangerment to the environment or any property or person.
(4)
Suspension of permit.
(a)
The Township may suspend the wastewater discharge permit when
such suspension is necessary, in the opinion of the Township, in order
to stop an actual or threatened discharge which presents or may present
an imminent or substantial endangerment to the health or welfare of
persons or the environment; causes or may cause interference or pass-through;
or causes or may cause the Authority to violate any condition of an
NPDES permit or any other federal or state law, rule, regulation or
permit condition.
(b)
Any industrial user notified of a suspension of its wastewater
discharge permit may be required to immediately stop or eliminate
the discharge (even if an appeal of the suspension notice is pending).
In the event of a failure of the industrial user to comply voluntarily
with the notice of suspension, the discharge shall be considered an
unauthorized discharge and the Township may take such steps as deemed
necessary, including immediate severance of the connection between
the building sewer and the sewage collection system or discontinuance
of water service, to prevent or minimize damage to the sewer system
or endangerment to the environment or any property or person.
(c)
If a wastewater discharge permit has been suspended as a result
of an unauthorized discharge, which discharge resulted in or contributed
to damages to the sewer system or to any person or property, the wastewater
discharge permit shall not be reinstated until such time as all such
damage claims have been satisfied.
(d)
The Township may reinstate the wastewater discharge permit upon
submission of proof by the industrial user of the elimination of the
unauthorized discharge or correction of the noncompliance for which
the suspension was imposed.
(5)
Notice of violation. Whenever the Township finds that any industrial
user has violated or is violating this article, its wastewater discharge
permit, or any prohibition, limitation or requirements contained herein,
the Township may serve upon such industrial user a written notice
stating the nature of the violation and requiring a response within
a specified time. Responses required of industrial users may include,
but are not restricted to, actions, plans, compliance schedules, or
written explanation.
(6)
Administrative orders. The Township may issue written directions as described in Subsection D(2)(d) without a show-cause hearing if the Township determines that such directions are necessary to correct conditions or remedy continuing violations of this article or any wastewater discharge permit or other requirements of the Industrial Pretreatment Program or the Township, or federal or state regulations. Failure of an industrial user to comply with written directions requiring compliance with provisions under this article, national categorical pretreatment standards, or a duly authorized wastewater discharge permit constitutes a violation of this article.
(7)
Right of appeal.
(a)
An industrial user may appeal the enforcement actions enumerated above in Subsection D(3) and (4), the denial of a wastewater discharge permit, or conditions contained in a wastewater discharge permit. An appeal is subject to the following requirements:
[1]
The appeal must be made in writing to the Township Secretary.
[2]
The appeal must be made within 30 calendar days from the date
of receipt of the wastewater discharge permit, or notice of denial,
suspension, modification or revocation of a wastewater discharge permit
being appealed by the industrial user.
[3]
The appeal must state the specific provision(s) of a wastewater
discharge permit or the specific directions or actions of the Township
which are being contested.
[4]
The appeal must state the reasons for the appeal of each provision.
[5]
The appeal may suggest alternate or revised provisions to replace
those appealed.
[6]
An appeal of a wastewater discharge permit may include a request to stay specific permit conditions pending the outcome of the appeal. Any such request shall include all factual and legal justification for such a request. Filing of a request does not stay any condition of a wastewater discharge permit. Such a stay must be approved by the Township Secretary, as provided in Subsection D(7)(d) below.
(b)
Provisions specifically mandated by federal or state regulations
(e.g., compliance with categorical standards) shall not be appealed.
Conditions which, in the opinion of the Township, would constitute
a hazard or pose a potential threat of pollution if stayed, shall
not be stayed during an appeal.
(c)
An appeal shall be made to the Township Supervisors, and may
be reviewed by the Supervisors or, at their sole discretion, may be
reviewed by any designated representative(s) of the Township Supervisors,
provided:
[1]
The reviewer shall not be the Pretreatment Coordinator; and
[2]
The reviewer shall not be the Township Manager.
[3]
The reviewer(s) reviewing the appeal shall report in writing
to the Township Supervisors the results of the review. The report
should contain, at a minimum:
[a]
A summary of each item appealed, the appellant's
reasons for appeal, and the appellant's proposed remedies, if
any.
[b]
The finding of merit for each point, and the reason(s)
for finding.
[c]
For each point found to be with merit, a proposed
remedy, and a finding that the proposed remedy is allowable under
this article and all applicable federal, state and local rules, regulations
and laws.
(d)
The Township Supervisors, or a board appointed by the Township Supervisors for the purpose, shall review the appeal and any report prepared as provided by Subsection D(7)(c) of this section, and at one or more regular or special public meetings, take any additional testimony offered by the appellant, the reviewer, the Pretreatment Program Coordinator, or other interested party. The Township may, within a reasonable time, decide to:
(e)
If the Township, or any hearing board appointed by the Township,
shall have as a member any person who has a financial, legal or other
proprietary interest in the industrial user bringing the appeal, such
person shall recuse himself from any vote which shall determine the
decision of the body in regard to the appeal.
(8)
Civil actions. If any person violates the provisions of the Industrial
Pretreatment Program, including local, national, or state pretreatment
requirements, categorical standards, or any wastewater discharge permit
or written directions issued by the Township, the Township may commence
an action for appropriate legal and/or equitable relief in the Court
of Common Pleas of Blair County, or any other appropriate forum.
(9)
Injunctive relief. If any person causes or permits an unauthorized
discharge to occur; otherwise violates the conditions imposed by this
article or any wastewater discharge permit, schedule, or written directions
issued by the Township, or any national or state pretreatment requirement;
or discharges wastewater or industrial waste which otherwise presents
or may present an endangerment to the environment or which threatens
to interfere with the operations of the POTW, the Township may commence
an action in the Court of Common Pleas of Blair County, or any other
appropriate forum, for injunctive relief to stop the discharge or
violation, or to require compliance with the applicable condition.
(10)
Enforcement Response Plan. The Township Manager and the Pretreatment
Coordinator may be guided by the Enforcement Response Plan when reviewing
industrial user reports, inspection results and other compliance information,
and when taking enforcement action or recommending to the Township
enforcement action in response to noncompliance.
(11)
Significant violators. The Township shall publish annually,
in any local daily newspaper of general circulation within the Township
of Blair that provides meaningful public notice, a list of significant
industrial users that were found to be in significant noncompliance
during the previous calendar year and any industrial user that caused
pass-through, interference, imminent endangerment, or adversely affected
the pretreatment program. Significant noncompliance shall be determined
using measures of rate, magnitude, and type of noncompliance, as delineated
below:
(a)
Chronic violations of numeric local limits (40 CFR 403.8(f)(2)(viii)(A),
(B) and (C)), prohibitive discharge standards, categorical standards
and requirements, or other numerical limitations on discharges of
industrial waste. A chronic violation occurs if the violation occurs
in 66% or more of all measurements taken during a six-month period
(by any magnitude) of a numeric pretreatment standard or requirement,
including instantaneous limits, as defined in 40 CFR 403.3(l).
(b)
Technical review criteria (TRC) violations of numeric local
limits, prohibitive discharge standards, categorical standards and
requirements, or other numerical limitations on discharges of industrial
waste. A TRC violation occurs if 33% or more of all of the measurements
for the same pollutant parameter in a six-month period equal or exceed
the product of the numeric pretreatment standard or requirement, including
instantaneous limits, and the applicable TRC. For conventional pollutants
(BOD, total suspended solids and fats, oil and grease), the TRC equals
1.4; for all other pollutants, except pH, the TRC equals 1.2.[4]
(c)
Any other violation of pretreatment local limits, prohibitive
discharge standards or requirements as defined by 40 CFR 403.3(l)
(daily maximum, long term average, instantaneous limit, or narrative
standard), discharges of industrial waste which the Township determines
has caused, alone or in combination with other discharges, pass-through
or interference, or has endangered the health or safety of Township
or POTW personnel or the public.
(e)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a wastewater discharge permit, or
submitted in response to written directions of the Township, for starting
construction, completing construction, or attaining final compliance.
(f)
Failure to provide, within 45 days after the due date, any required
reports, including but not limited to baseline monitoring reports,
periodic compliance reports, reports on compliance with compliance
schedules, or reports on a change in operations.
(g)
Failure to accurately report any noncompliance.
(h)
Any other violation, noncompliance, which may include a violation
of best management practices, or group of violations or noncompliances
which the Township determines will adversely affect the operation
or implementation of the Industrial Pretreatment Program.
The Township, subject to its discretion, may, as an enforcement
response, publish notification of industrial user noncompliance on
a more frequent basis than annually or if the level of industrial
user noncompliance does not meet the significant noncompliance standard.
(12)
Responsible officials. Except as may be otherwise provide herein,
the Township Manager shall administer and enforce the provisions of
this article. The Township Manager may delegate any or all powers
granted by this article to the Pretreatment Coordinator, or to others
as he deems appropriate.
A.
Any person who violates any provisions of this article, or the rules,
regulations and permits issued hereunder, may be subject to a civil
monetary penalty pursuant to applicable law. Each day on which a violation
shall occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the Township may recover
reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this article or the orders, rules,
regulations, and permits issued hereunder. Except for a violation
which has been subject to a civil or criminal penalty by the Township,
nothing shall be deemed to preclude the Township from commencing an
action for a penalty of $25,000 per day for each violation pursuant
to 35 P.S. § 752.1 et seq. (the Publicly Owned Treatment
Works Penalty Law, Act of March 26, 1992, P.L. 23, No. 9), subject
to the appeal procedures as specified in Title 2 of the Pennsylvania
Consolidated Statutes.
B.
In addition to any applicable civil or criminal penalty, the user
is liable for:
(1)
All damage which its discharge causes to the sewer system or POTW
if that damage is caused, in whole or in part, by the industrial user's
noncompliance with its wastewater discharge permit or with any applicable
law, ordinance, regulation, rule or pretreatment requirement; and
(2)
Any penalty imposed upon the Township (whether by judicial or administrative
order or the settlement of a judicial or administrative penalty action)
where the violation of the Township was caused or increased in severity
by the industrial user, either alone or in conjunction with discharge(s)
from other source(s).
The enumeration of remedies in §§ 325-36 and 325-37 of this article does not restrict their application and shall not be deemed to preclude any other Township remedies, enforcement responses or other causes of action, including those available under common law. Nothing in this article, the Enforcement Response Plan or any other provision of the Borough's approved Pretreatment Program shall be intended to limit the enforcement discretion of the Township to enforce pretreatment requirements as otherwise provided for by law.
Nothing contained in this article shall be construed as prohibiting
special agreements between the Township and a person discharging industrial
wastes or wastewaters to the sewer system, or for the Township to
otherwise waive requirements hereunder, when conditions and circumstances
making such special agreements or waiver advisable and/or necessary,
in the opinion of the Township, are present; provided, however, that:
A.
National categorical pretreatment standards and prohibitive discharge
standards [including the general and specific prohibitions set forth
at 40 CFR 403.5(a) and (b)] shall not be waived unless such waiver
is granted by mechanisms established under the federal pretreatment
regulations (40 CFR 403.1 et seq.); and
B.
In no case shall a special agreement or waiver of local limits allow
for an industrial user to discharge any pollutant which, alone or
in combination with other regulated industrial user discharges, would
reasonably be expected to exceed the mass loadings determined by the
Township as acceptable to the sewage treatment plant based upon considerations
of, among other things, interference, pass-through and sludge contamination.
The Township may consider other factors (e.g., effect of the discharge
on the POTW, future expansion, etc.), as it deems appropriate. In
no event shall special agreement or waiver allow the sum of the loadings
allocated to industrial loadings to exceed the values set forth in
any local limits analysis submitted by the Township to EPA and approved
by EPA as part of the Industrial Pretreatment Program.
C.
The Township may require an industrial user requesting a special
agreement or waiver adjusting effluent limitations to submit supporting
documentation indicating why the industrial user cannot reasonably
expect to meet the effluent limitation contained in its wastewater
discharge permit, setting forth an expeditious schedule for achieving
compliance with such limitations, and including such other information
as the Township may require. In granting any special agreement or
waiver, the Township may impose time limitations upon any reduced
requirements and provide a compliance schedule for achieving compliance.
In granting any special agreement or waiver, the Township may impose
any other conditions deemed necessary to implement the purposes of
this article.
D.
If granting a special agreement or waiver would result in increased
costs to the Township (e.g., treatment, monitoring, sludge disposal
costs), the Township may condition the special agreement or waiver
upon the agreement of the industrial user to pay those costs and to
provide security adequate in the judgment of the Township to assure
payment of said costs.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of this article, it being the intent of the Township that
such remainder shall be and shall remain in force and effect. Provision
of headings in this resolution are solely for convenience and shall
have no effect on the legal or technical interpretation of any provision
or requirement.
This article may be cited as the "Township of Blair Industrial
Pretreatment Ordinance of 2014."
