[Adopted 7-7-2015 by Ord.
No. 379]
This article sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system operated by the Borough of Adamstown and enables the Borough
to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations (40
CFR Part 403). The Borough has adequate authority under § 2001(c)
of the Borough Code[2] and the Publicly Owned Treatment Works Penalty Law, 35
P.S. § 752.1 et seq., to enact and implement this article.
A.
The objectives of this article are:
(1)
To prevent the introduction of pollutants to the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
(2)
To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with
the system;
(3)
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system; and
(4)
To provide for equitable distribution of the cost of the municipal
wastewater system.
B.
This article provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users; authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customers' capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
C.
This article shall apply to persons within the Borough and to persons
outside the Borough who are, by contract or agreement with the Borough,
users of the Borough's POTW. Except as otherwise provided herein,
the Superintendent of the Borough POTW shall administer, implement
and enforce the provisions of this article.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA.
An authorized representative of an industrial user may be:
(1) A responsible corporate officer of the level of president,
vice president, secretary or treasurer of the corporation in charge
of a principal business function, or any other person who performs
similar policy- or decision-making functions for the corporation;
or (2) the manager of one or more manufacturing, production or operating
facilities, provided the manager is authorized to make management
decisions that 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 individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above, if:
The authorization is made in writing by the individual described
in A(1); or
The authorization specifies either an individual or position
having responsibility for the overall operation of the facilities
from which the indirect discharge originates, such as the position
of plant manager, operator of a well or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
The written authorization is submitted to the control authority.
A measurement of wastewater flow calculated by dividing the
total wastewater flow under consideration for the 30 days immediately
preceding the date of calculation by the number 30.
A specific informational report which may be required under
sections of this article or ordered by the Borough for particular
informational needs. The report may relate to industrial processes,
flows, sampling information or other data, and may be used as a reference
point against which comparisons may be made to measure data or sampling
changes. BMR information requirements arise under discharge permit
applications, reporting requirements for categorical users, industrial
users subject to equivalent mass limits (baseline production rate
information) and other areas.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 237-52 of this article. BMPs 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 conditions, five days
at 20° C., expressed in terms of weight and concentration, milligrams
per liter (mg/L). The standard laboratory procedure shall be that
found in the Standard Methods.
Nutrient rich organic material resulting from the reclamation
of wastewater.
The Borough of Adamstown or the Borough Council of Adamstown,
Lancaster and Berks Counties, Pennsylvania.
A sewer conveying wastewater from the premises of a user
to the POTW.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
See "Federal Categorical Pretreatment Standards or Pretreatment
Standards."
A combination of individual samples of water or wastewater
collected at selected intervals, generally hourly for some specific
period, to minimize the effect of the variability of the individual
sample. Individual samples may have equal volume or may be roughly
proportioned to the flow at the time of sampling.
The DEP, EPA and any and all governmental agencies which
have a right to control treatment, transportation and disposal of
wastewater.
The Borough.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, to which the only pollutant added is heat.
The Department of Environmental Protection of the state,
or any successor thereto.
The discharge of treated or untreated wastewater directly
to the waters of the state.
The anhydrous residues of the dissolved constituents in water
or wastewater as determined by the standard laboratory procedure set
forth in the Standard Methods.
The person or entity appointed by Adamstown Borough Council
to administer and enforce the provisions of this article, including
the issuance of permits, collection of fees, imposition of administrative
penalties, and institution and prosecution of enforcement actions.
The Enforcement Officer may be an individual person, a firm or corporation,
or a municipal corporation.
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 regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1347) which applies to a specific category of industrial
users and which appears in 40 CFR Chapter I, Subchapter N, §§ 405
to 471.
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 over a period
of time not to exceed 15 minutes.
Any waste from vacuum-pump tank trucks delivering wastes
of a sanitary and/or domestic origin.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary wastewater and/or industrial
wastewater shall be or may be discharged.
The discharge or the introduction of pollutants from any
nondomestic source regulated under Section 307(b), (c) or (d) of the
Act (33 U.S.C. § 1317) into the POTW, including holding
tank waste discharged into the system.
A program administered by a POTW that meets the criteria
established in 40 CFR 403.8 and 403.9, and which has been approved
by a regional administrator or state director in accordance with 40
CFR 403.11.
The term "industrial user" shall include any nondomestic
discharger.
Solids, liquids or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade or business process or in the course of development,
recovering or processing of natural resources, but not sanitary wastewater.
The term "industrial waste" or "industrial wastewater" shall additionally
include any and all wastes, discharged from industrial establishments,
certain commercial establishments, including but not limited to hospitals
and restaurants, and other similar business or institutional activities,
and additionally shall include all discharges in any other respects
as such term is defined in the Pennsylvania Clean Streams Law, Act
of June 22, 1937, as amended, 35 P.S. § 691.1 et seq. (the
"Clean Streams Law").
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW, its treatment processes or operations, or its sludge
processes, use or disposal, which contributes to a violation of any
requirement of the Borough's NPDES Permit (including an increase in
the magnitude or duration of a violation). The term includes prevention
of sewage sludge use or disposal by the POTW in accordance with Section
405 of the Act (33 U.S.C. § 1345), or any criteria, guidelines
or regulations developed pursuant to the Solids Waste Disposal Act
(SWDA) including Title 11, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), the Clean Air Act, the Toxic
Substances Control Act, the Marine Protection, Research and Sanctuaries
Act, or more stringent state criteria, including those contained in
any state sludge management plan prepared pursuant to Title IV (Subtitle
D) of SWDA applicable to the method of disposal or use employed by
the POTW.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5, and local limits established pursuant to § 237-55 of this article.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which is commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act which will be applicable
to such source, if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is engaged in the same general type of activity as
the existing source should be considered.
Construction on a site at which an existing source is located
results in modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of A(2) or (3) above but otherwise alters, replaces
or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for placement, assembly or installation of new source
facilities or equipment.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this paragraph.
Any user which first becomes a user of the POTW after the
effective date of this article, February 1, 1994.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations, which alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Borough's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine, the neuter
shall include the masculine and the feminine, and the singular shall
include the plural where indicated by context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
See "publicly owned treatment works."
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutants, or the
alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, or
process changes by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
which may include BMPs, other than a pretreatment standard imposed
on an industrial user.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned and operated in this instance
by the Borough. This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes pipes,
sewers and other conveyances only if they convey wastewater to a POTW
treatment plant. For the purposes of this article, "POTW" shall also
include any sewers that convey wastewaters to the POTW from persons
outside the Borough who are, by contract or agreement with the Borough,
users of the Borough's POTW. The term also means the municipality,
as defined in Section 502(4) of the Act, which has jurisdiction over
the indirect discharges to and the discharges from such a treatment
works.
Any and all local, state and federal laws, case law, statutes,
regulations (including but not limited to these regulations), rules,
guidelines, policies, permits, approvals and other standards or requirements
of control agencies, as amended and/or changed.
A sewer which carries sanitary wastewater and/or authorized
industrial wastes and to which stormwater, surface waters and groundwaters
are not intentionally admitted.
All normal water-carried household and toilet waste from
kitchens, water closets, lavatories, laundries and bathrooms, especially,
but not limited to, wastes typical to households, from sanitary conveniences
wherever located or existing.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. "Severe property damage" does
not mean economic loss caused by delays in production.
All water-carried wastes defined as "sewage" in Act 537;
including sanitary wastewater and industrial wastewater.
A pipe or conduit for carrying sanitary wastewater or authorized
industrial wastewater.
Is mandatory; "may" is permissive.
Any nonresidential user of the Borough's POTW, who:
Is subject to federal categorical pretreatment standards; or
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); or
Contributes a process waste stream which makes up 5% or more
of the average dry weather or organic capacity of the Borough's POTW
treatment plant; or
Has in his wastes toxic pollutants as defined pursuant to Section
307 of the Act or Pennsylvania statutes and rules; or
Is designated as such by the Borough, DEP or the EPA on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating a pretreatment standard or requirement.
A user is in SNC if any of the following criteria apply:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken for
the same pollutant parameter during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1);
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same pollutant parameter during a six-month period equal or exceed
the product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1), multiplied by
the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease,
and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges., interference or pass-through
(including endangering the health of POTW personnel or the general
public);
Any discharge of a pollutant that has caused an imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(VI)(B)
to halt or prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or separate enforcement order for starting construction, completing
construction, or attaining final compliance;
Failure to provide, within 45 days after the due date, required
reports, such as baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, semiannual and annual
compliance reports, monthly monitoring reports, and reports on compliance
with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation or group of violations, which may include
a violation of best management practices, which the Borough determines
will adversely affect the operation or implementation of the Borough's
pretreatment program.
Any discharge of a nonroutine, episodic nature or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 237-52 of this article, including but not limited to an accidental spill or noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1987.
The publication of the American Public Health Association
et al., entitled "Standard Methods for the Examination of Waste and
Wastewater," in the latest edition approved by the EPA.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Borough to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this article, 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 dissolved and undissolved constituents in water
or wastewater as determined by laboratory analysis in accordance with
Standard Methods.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provision of Section 307(a) of the Act or other acts.
Any waste which is not in compliance with the provisions
of these regulations or which is discharged into the POTW by a person
in violation of any provision contained in this article.
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's POTW.
The liquid and water-carried industrial 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 is contributed into
or permitted to enter the Borough's POTW.
The permit required as set forth in § 237-64 of this article.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
The following abbreviations shall have the designated meanings:
best management practices.
baseline monitoring report.
biochemical oxygen demand.
Code of Federal Regulations.
chemical oxygen demand.
Department of Environmental Protection. All references to
DER shall include DEP.
liter.
milligram.
milligram per liter.
ammonia nitrogen.
National Pollutant Discharge Elimination System.
publicly owned treatment works.
standard industrial classification.
Solid Waste Disposal Act, 42 U.S.C. § 6091 et seq.
total suspended solids.
United States Code.
A.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will pass through or
interfere with the operations or performance of the POTW. These general
prohibitions apply to all such users of a POTW, whether or not the
user is subject to federal categorical pretreatment standards or any
other federal, state or local pretreatment standards or requirements.
A user may not contribute the following substances to the POTW:
(1)
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 POTW or to the operation of the POTW, including, but not
limited to, waste streams with a closed-cup flashpoint of less than
140° F. or 60° C. using the test methods specified in 40 CFR
261.21. 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. Prohibited materials include,
but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides,
and any other substance which the Borough, the state or the EPA has
notified the user is a fire hazard or a hazard to the system.
(2)
Solids or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities, 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,
glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 6.0 or greater than 9.0 or wastewater
having other corrosive property capable of causing damage or hazard
to structures, equipment and/or personnel of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient quantity
which, either singly or by interaction with other pollutants, may
injure or interfere with any wastewater treatment process may constitute
a hazard to humans and animals, may create a toxic effect in the receiving
waters of the POTW, or exceeds the limitations set forth in a categorical
pretreatment standard. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to Section 307(a) of
the Act.
(5)
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient in a quantity
that may cause acute worker health and safety problems.
(6)
Any substance which may cause the POTW's effluent or any other product
of the POTW, 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 POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act; any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the SWDA, the Clean Air Act, the Toxic Substance Control
Act, or state criteria applicable to the sludge management method
being used.
(7)
Any substance which will pass through and as a result cause the POTW
to violate its NPDES permit or the receiving water quality standards.
(8)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently impart color to the POTW treatment plant's
effluent, thereby violating the Authority's NPDES permit. Color (in
combination with turbidity) shall not cause the POTW treatment plants
effluent to reduce the depth of the compensation point for photosynthetic
activity by more than 10% from the seasonably established norm for
aquatic life.
(9)
Any wastewater having a temperature which will inhibit biological
activity of the POTW treatment plant resulting in interference, but
in no case wastewater which causes the temperature at the introduction
into the POTW to exceed 40° C. or 104° F.
(10)
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which
causes interference to the POTW. In no case shall a waste load have
a flow rate or contain concentrations or qualities of pollutants that
exceed for any period longer than 15 minutes more than five times
the average twenty-four-hour concentration, quantities or flow during
normal operation, unless otherwise authorized in writing by the Borough.
(11)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Borough in compliance with applicable state or federal regulations.
(12)
Grease, oil or sand interceptors shall be provided when, in
the opinion of the Borough, they are necessary for the proper handling
of liquid wastes containing floatable grease in such amounts as to
cause obstruction to the flow in a sewer or other interference with
the operation of the wastewater treatment facilities, or any flammable
wastes, sand or other harmful ingredients, except such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Borough
and shall be located as to be readily and easily accessible for cleaning
and inspection. In the maintaining of these interceptors, the user
and the owner(s) (if different persons) shall be responsible for the
proper removal and disposal by appropriate means of the captured material
and shall maintain records of the dates and means of disposal, which
are subject to review by the Borough. Any removal and hauling of the
collected materials not performed by user's and/or owner's personnel
must be performed by currently licensed waste disposal firms.
(13)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(14)
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water, unpolluted industrial or nondomestic process water. The discharge
of cooling water from air-conditioning units with cooling towers or
recirculating systems or from air-conditioning units using flow-through
or recirculating systems is prohibited. The sanitary sewers are not
designed to handle the cooling water volumes produced by air-conditioning
units. Cooling water free from bacteria and harmful chemicals should
be drained into storm sewers as approved by the state.
(15)
Any trucked or hauled pollutants, except at discharge points
designated by the POTW.
(16)
Any wastewater of such characteristics and quality that unusual
attention or expense is required to handle such materials in the POTW,
as determined by the Enforcement Officer. Such wastewaters shall include,
but not be limited to, foaming detergents, lint and grease.
B.
When the Borough determines that a user is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Borough shall advise the user of the impact of the contribution on the POTW and shall take necessary action to eliminate the interference. Sections 237-70 and 237-71 of this article provide the appropriate enforcement responses.
Upon promulgation of the federal categorical pretreatment standard under Section 307 of the Clean Water Act for a particular industrial subcategory, the federal categorical pretreatment standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall supersede the limitations imposed under this article. The federal categorical pretreatment standard found at 40 CFR Chapter 1, Subchapter N, §§ 405 to 471 are hereby incorporated into this article. The Borough shall notify all affected users of the applicable reporting requirements. Reports must be submitted by users even if the Borough does not provide notification for reporting requirements.
Where the Borough's wastewater treatment system achieves consistent
removal of pollutants limited by federal categorical pretreatment
standards, the Borough may apply to the approval authority for modification
of specific limits in the federal categorical pretreatment standards.
The Borough may then modify pollutant discharge limits in the federal
categorical pretreatment standards if the requirements contained in
40 CFR 403.7 are fulfilled and prior approval from the approval authority
is obtained.
The EPA has accepted the Borough's technical evaluation for the development of the POTW's maximum allowable head-works loadings. Local limits are allocated to the industrial users and defined through a wastewater discharge permit issued pursuant to § 237-64 of this article. No user shall discharge wastewater containing in excess of the limitation of any of the parameters allocated on its wastewater discharge permit.
State requirements and limitations on discharges apply in any
case where they are more stringent than federal requirements and limitations
or those in this article.
The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater treatment system if deemed necessary and appropriate to comply with the objectives presented in § 237-49 of this article. The Borough may develop BMPs by ordinance or in individual wastewater discharge permits.
No user shall ever increase the use of process water or, in
any way, attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the federal categorical pretreatment standards or in
any other pollutant-specific limitation developed by the Borough or
state or federal agencies.
Each user shall provide protection from accidental and slug
discharges of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental or slug discharge of
prohibited materials shall be provided and maintained at the owner's
or user's own cost and expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the Borough for review and shall be approved by the Borough before
construction of the facility. An accidental discharge/slug control
plan shall address, at a minimum, the following:
A.
Description of discharge practices, including nonroutine batch discharges;
B.
Description of stored chemicals;
C.
Procedures for immediately notifying the Borough of any accidental or slug discharge, as required by Subsection E below; and
D.
Procedures to prevent adverse impact from any accidental or slug
discharge; such procedures include but are not limited to: inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
E.
Each significant industrial user shall notify the Borough immediately
of any changes in its facilities or operating procedures affecting
the potential for a slug discharge.
All existing users shall complete such a plan when designated
by the Borough. No user who commences contribution to the POTW after
the effective date of this article shall be permitted to introduce
pollutants into the system until the accidental discharge procedures
have been approved by the Borough. Review and approval of such plans
and operating procedures shall not relieve the industrial user from
the responsibility to modify its facility, as necessary, to meet the
requirements of this article. It is the responsibility of the user
to immediately telephone and notify the POTW of any accidental or
slug discharge. The notification shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
F.
Written notice. Within five days following an accidental or slug
discharge, or any discharge that may cause potential problems for
the POTW, the user shall submit to the Borough a detailed written
report describing the cause of the discharge and the measures to be
taken by the user to mitigate and prevent any expense, loss, damage
or other liability which may be incurred as a result of damage to
the POTW, aquatic life or any other damage to persons or property.
Such report shall not relieve the user of any expense, loss, damage
or other liability which may be incurred as a result of damage to
the POTW, aquatic life or any other damage to person or property;
nor shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed by this article or other applicable
law. This written report shall be signed by an authorized representative
of the user.
G.
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of a dangerous discharge. Employers shall
ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
A.
Any tank truck or any equipment used or intended to be used for the
removal, transportation and disposal of holding tank wastes shall
conform to the following requirements:
(1)
The container shall be watertight.
(2)
Tanks, containers or other equipment shall be so constructed that
every portion of the interior and exterior can be easily cleaned and
shall be kept in a clean and sanitary condition.
(3)
Piping, valves and permanent or flexible connections shall be accessible
and easily disconnected for cleaning purposes.
(4)
The inlet opening, or opening to every container, shall be so constructed
that the material will not spill outside during filling, transfer
or transport.
(5)
The outlet connections shall be so constructed that no material will
leak out, run out to other than the point of discharge, and shall
be of a design and type suitable for the material handled and capable
of controlling the flow or discharge without spillage, undue spray,
or hooding immediate surroundings while in use.
(6)
No connection shall be made at any time between a tap or outlet furnishing
potable water on any premises and any container or equipment holding
material by any means other than an open connection.
B.
Any holding tank waste to be discharged from tank trucks within the
Borough shall be disposed of at the location designated by the Borough
at the time or times fixed by the Borough. No load may be discharged
without prior consent of the POTW.
C.
The holding tank wastes discharged by the tank trucks into the sewer system shall not contain industrial waste, chemicals, or other matter, with or without pretreatment that do not conform to the requirements of §§ 237-53 and 237-55 of this article. The POTW may collect samples of each hauled load to ensure compliance with applicable standards.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from users of the Borough's wastewater collection and treatment
system for the implementation of the pretreatment program established
herein.
B.
Charges and fees.
(1)
The Borough may adopt charges and fees, which may include:
(a)
Fees for reimbursement of costs for setting up and operating
the Borough's pretreatment program, including but not limited to legal
and engineering costs;
(b)
Fees for monitoring, inspections, and surveillance procedures;
(c)
Fees for reviewing accidental discharge procedures and construction;
(d)
Fees for permit applications;
(e)
Fees for filing appeals;
(f)
Fees for consistent removal by the Borough of pollutants otherwise
subject to federal categorical pretreatment standards; and
(g)
Other fees as the Borough may deem necessary to carry out the
requirements contained herein.
(2)
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the Borough. Such other
fees and user charges are specifically saved from repeal by this article.
C.
Imposition of surcharges. Certain portions of the POTW have been
designed to accommodate treatment of wastewater, BOD, suspended solids,
ammonia nitrogen and phosphorus. Certain costs of operations of the
POTW are incurred by the Borough for the removal of BOD, SS, ammonia
nitrogen and phosphorus from the wastewater flows. If all users discharged
wastewater with similar concentration of BOD, SS, ammonia nitrogen
and phosphorus then the imposition of user charges on the basis of
flows would be fair and equitable. Certain users of the POTW, however,
discharge wastewater with concentrations of BOD, SS, ammonia nitrogen
and/or phosphorus that are significantly greater than average concentrations
of these pollution parameters. Since the Borough has provided certain
equipment and depends on certain operating costs that are provided
to accommodate the treatment of BOD, SS, ammonia nitrogen and phosphorus,
it has been determined that those costs of equipment and operation
should be allocated onto the users on a prorated basis for those users
that discharge their wastes with concentrations of BOD, SS, ammonia
nitrogen and phosphorus that exceed the average waste load concentrations.
This allocation is hereby imposed by surcharge as described by this
article. Because of the high cost of analyzing BOD, SS, ammonia nitrogen
and phosphorus concentrations, these surcharges will only be imposed
upon major industrial users and minor industrial users. Discharges
generated by major industrial users and minor industrial users containing
concentrations of BOD and/or SS in excess of 300 mg/L, ammonia nitrogen
in excess of 40 mg/L and phosphorus in excess of 10 mg/L shall be
subject to a surcharge.[1]
D.
Surcharges separate from other fees. The surcharges imposed by this
article are separate charges from the user fee imposed elsewhere in
this chapter that will be charged to each major industrial user and
minor industrial user.
E.
Computation of surcharge. Surcharges shall be computed on the basis
of the measured or estimated concentration of pollutants for data
as may be available to the Enforcement Officer. The basis for the
calculation of these factors shall be average daily loading concentrations
based upon thirty-day averages. If the data is available based upon
an analysis of daily testing of twenty-four-hour composite wastewater
samples, that data will be used to compute the surcharge factor. If
less detailed data is available, the Enforcement Officer shall use
his discretion to select the loading concentration based upon the
best analysis of periodic grab or composite samples. If the industrial
user objects to the loading concentration used for the calculation
of the surcharge the industrial user can provide the Enforcement Officer
with more complete test data for the time period in which the surcharge
is calculated. The user shall comply with all requirements of Standard
Methods in obtaining samples and conducting testing. The user shall
provide the Enforcement Officer with all information necessary for
the Enforcement Officer to ascertain the time period in which the
samples were obtained and to confirm that the samples were obtained
and tests conducted in accordance with Standard Methods.
F.
Determination of surcharges for industrial wastes.
(1)
There shall be additional charges for industrial wastes having BOD,
TSS, ammonia nitrogen and/or phosphorus in excess of the average concentrations
as expressed below for normal domestic sewage.
(2)
In order to determine the additional charge for industrial wastes
with strengths greater than that of domestic sewage, the following
formula shall be used:
|
Quarterly surcharge = 0.00834 Q1 [(BOD1 - 300)A + (TSS1 - 300)8 + (NH3-N1 - 40) C + (P1-10)D]
|
|
Where:
| ||||||
|
0.00834
|
=
|
constant to convert waste strength expressed in mg/L to thousand
pounds of waste
| ||||
|
Q1
|
=
|
quarterly industrial waste flow expressed in million gallons
| ||||
|
BOD1
|
=
|
5-day BOD of the industrial waste in mg/L
| ||||
|
NH3-N1
|
=
|
total ammonia nitrogen of industrial waste in mg/L
| ||||
|
P1
|
=
|
total phosphorus of industrial waste in mg/L
| ||||
|
TSS1
|
=
|
total suspended solids of the industrial waste in mg/L
| ||||
|
300, 40 and 10
|
=
|
constants expressing waste load strengths in m g/L for the respective
pollutant parameters
| ||||
|
A, B, C and D
|
=
|
costs of treating 1,000 pounds of waste for the respective pollutant
parameters
| ||||
|
These costs will change as operating costs increase or as flow
changes. These costs are calculated by:
| ||||||
|
(1)
|
Prorating the annual operating costs of the wastewater treatment
plant to categories of BOD, TSS, NH3 - N and
P removal.
| |||||
|
(2)
|
Determining the total waste load treated at the plant in thousand
pounds per year.
| |||||
|
(3)
|
Dividing prorated operating costs by respective waste loads
for each parameter will give the calculated values for A, B, C and
D.
| |||||
(3)
When a value for BOD and/or TSS and/or NH3 - N and/or P is less than the maximum allowable concentration set
forth in the Industrial Waste Surcharge Formula, the maximum allowable
concentration shall be used in the calculation of the industrial waste
surcharge.
A.
Industrial wastes being discharged into the sewer system shall be
subject to periodic sampling and inspection to be used as a basis
for determining additional charges due to excessive concentrations
of BOD and/or TSS and/or ammonia nitrogen and/or phosphorus. Such
sampling and inspection shall be made by the Borough as frequently
as may be deemed necessary by the Borough.
B.
Under the terms and conditions of the wastewater discharge permit,
the Borough may establish a schedule under which the industrial user
may self-monitor its wastewater discharge and report the results of
such self-monitoring programs at regular intervals specified by the
Borough. The cost of self-monitoring and reporting shall be paid by
the industrial user.
C.
All sampling and analysis shall be performed in accordance to those
methods specified in 40 CFR Part 136, Guidelines Establishing Test
Procedures for the Analysis of Pollutants Under the Clean Water Act,
and amendments thereto, or with any other test procedures approved
by the EPA, unless otherwise specified in the applicable categorical
pretreatment standard.
D.
Sampling facilities shall be accessible to the Borough at all reasonable
times.
It shall be unlawful to discharge wastewater to the POTW without
a wastewater discharge permit, except as authorized by the Borough
in accordance with the provisions of this article.
A.
General. All industrial users connected to and using the POTW or
proposing to connect to and use the POTW including new users and new
sources (as defined herein) shall apply to the Enforcement Officer
for an industrial waste discharge permit. Certain industrial users
will be required to obtain industrial waste discharge permits. Certain
small industrial users will be eligible for permit exemptions, as
specifically set forth herein.
B.
Permit application. All industrial users or proposed industrial users
shall complete and file with the Enforcement Officer an application
in the form prescribed by the Borough by resolution. Existing industrial
users shall apply for a wastewater discharge permit prior to instituting
any change in industrial process (including, but not limited to, a
change in methods of production or pretreatment or addition or deletion
of chemicals used in production or pretreatment) from that set forth
in such user's application for its existing wastewater discharge permit.
New users shall apply at least 90 days prior to the anticipated date
for discharge of industrial wastewater. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
information, including, but not limited to, the following:
(1)
Name and address of industrial user and location of discharge, and
(if different) the name and address of the owner of the improved property
being served.
(2)
Standard industrial classification (SIC) codes of wastewater characteristics.
(3)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
(4)
Water usage and disposal.
(5)
Time and duration of industrial waste discharge.
(6)
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations if appropriate.
(7)
Description of each product produced by type, amount, process or
processes and approximate rate of production.
(8)
Description of type and amount of raw materials processed.
(9)
Number and type of employees, hours of operation, and projected hours
of operation of pretreatment system (if applicable).
(10)
Wastewater characteristics and their relationship to National Categorical Pretreatment Standards and the local limits established by regulations. Sampling and analysis for this information shall be performed in accordance with techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or applicable techniques for the pollutant in question, sampling and analysis shall be performed in accordance with procedures approved by the EPA. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 237-64P(5) of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Borough or the applicable standards to determine compliance with the standard.
(11)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections and appurtenances by
size, location and elevation.
(12)
Where known, the nature and concentration of any pollutants in the discharge which are limited by any Borough, state or federal pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards. This statement shall be signed and certified in accordance with § 237-64B(15) of this article.
(13)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedules by which the
user will provide such additional pretreatment. The completion date
in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. 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 user to meet the applicable pretreatment standards (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.).
(c)
No later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Borough, including, at 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 the delay, and the steps being taken by the user to
return the construction to the schedule established. In no event shall
more than nine months elapse between such progress reports to the
Borough.
(14)
Additional information required by the Enforcement Officer as
necessary to evaluate the permit application.
(15)
Application signatories and certification. All industrial waste
discharge permit applications and industrial user reports shall be
signed by an authorized representative of the industrial user and
shall contain the following certification statement.
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
C.
Procedures. The procedure to be followed by the Enforcement Officer
in acting on industrial waste discharge permit applications shall
be as follows. Within 60 days of receipt of the application, the Enforcement
Officer shall notify the applicant in writing by first class mail
to the address appearing on the application:
(1)
That the wastewater proposed to be discharged is acceptable and a
permit will be issued by the Enforcement Officer upon receipt of a
permit issuance fee as may be established by the Borough by resolution;
or
(2)
That, based upon the current facts as set forth in the application
and accompanying data, the applicant is currently exempt from permit
and reporting requirements; or
(3)
That the wastewater proposed to be discharged is unacceptable; or
(4)
That the wastewater proposed to be discharged will be acceptable
and a permit will be issued by the Enforcement Officer, provided certain
action is taken and maintained by the applicant, specifying the terms
and conditions thereof, and upon receipt of a permit issuance fee
as may be established by the Borough by resolution; or
(5)
That the Enforcement Officer requires further information, studies
or tests, specifying the requirements thereof, before it can be determined
whether the proposed discharge is or is not acceptable.
D.
Permit classification and permit waivers.
(1)
Industrial users shall be classified for the purposes of this article
into one of three categories as follows: major industrial user; minor
industrial user and permit-exempt industrial user.
(2)
Major industrial users are those industrial users that meet any of
the following conditions:
(3)
Minor industrial users are those industrial users that do not meet
the criteria to be classified as either a "major industrial user"
or a "permit-exempt industrial user."
(4)
Permit-exempt industrial users are those industrial users that meet
all of the following criteria and are not a significant industrial
user:
(5)
The Enforcement Officer will determine the classification of the
industrial user based upon the information provided by the industrial
waste discharge permit application and any other information available
to the Enforcement Officer.
(6)
If the industrial user is determined by the Enforcement Officer to be a permit-exempt industrial user, the industrial user shall be exempt only from the permit and annual or quarterly reporting requirements (§ 237-64O), inspection manhole requirements (§ 237-64C) of this article. Permit-exempt industrial users shall not be exempt from any other requirements.
(7)
If the industrial user is determined by the Enforcement Officer to be a minor industrial user, the industrial user shall be allowed to utilize the reduced reporting requirements specified in § 237-64O of this article.
(8)
If, upon information received from the industrial users and/or available
to the Enforcement Officer based upon on-site inspection flow tests
or wastewater sampling and testing, and/or available to the Enforcement
Officer from other reliable sources, the Enforcement Officer determines
that an industrial user's classification should change, then (in that
event) the Enforcement Officer shall serve notice upon the industrial
user of the proposed change(s), at least 30 days prior to the effective
date of that change(s), and the industrial user, thereafter, shall
be required to comply with all requirements imposed upon that revised
classification of industrial user.
(9)
The flow and loading criteria set forth in this section shall be
based on peak day conditions as estimated or measured.
E.
Permit conditions. Industrial waste discharge permits shall be issued
subject to all provisions of this article and all other applicable
requirements, user charges and surcharges (if applicable) and fees
established by the Borough. Permits shall include any or all of the
following:
(1)
A statement that indicates industrial waste discharge permit duration,
which in no event shall exceed five years;
(2)
A statement that the waste discharge permit is nontransferable without prior notification to the Enforcement Officer in accordance with Subsection G of this section, and provisions for furnishing the new owner or operator with a copy of the existing waste discharge permit;
(3)
The unit charge or schedule of user charges and/or surcharges for
the wastewater to be discharged to the POTW;
(4)
Limits on the average and maximum wastewater characteristics and/or
effluent limits, including best management practices, based on applicable
pretreatment standards;
(5)
Limits on average and maximum rates and time of discharge or requirements
for flow regulation and equalization;
(6)
Requirements for installation and maintenance of inspection and sampling
facilities;
(7)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests, and reporting schedule;
(8)
Compliance schedules;
(9)
Requirements for self-monitoring, sampling, submission of technical
reports, submission of discharge reports, notifications, and recordkeeping,
which shall include an identification of pollutants or best management
practices to be monitored, sampling location, sampling frequency,
and sample type based on federal, state and local law;
(10)
Requirements for maintaining operating records relating to wastewater
discharge and affording the Enforcement Officer access thereto;
(11)
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate or prevent the introduction of pollutants
into the POTW;
(12)
Requirements for the development and implementation of spill-control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(13)
Requirements for the development and implementation of waste-minimization
plans to reduce the amount of pollutants discharged to the POTW;
(14)
A statement that compliance with the waste discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the waste discharge
permit; and
(15)
Other conditions as deemed appropriate by the Enforcement Officer
for individual permittees to ensure compliance with requirements.
(16)
A statement that the conditions of the permit incorporate this
article, as amended from time to time; and a copy of this article,
as of the date of the permit issuance, shall be delivered with the
permit, but the lack of delivery or receipt of this article shall
not be considered a defect in the permit.
F.
Permit duration. An industrial waste discharge permit shall be issued
for a specified time period, not to exceed five years, or it may be
issued to expire on a specific date. The industrial user shall apply
in writing for permit reissuance a minimum of 180 days prior to the
expiration of an existing permit. The terms and conditions of the
permit shall be subject to modification by the Enforcement Officer
during the term of the permit as limitations or requirements are modified
or other just cause exists. The Enforcement Officer shall serve notice
on the industrial user of that proposed change(s) at least 30 days
prior to the effective date of that change(s). Any changes or new
conditions in the permit shall include a reasonable time schedule
for compliance.
G.
Permit transfer. Industrial waste discharge permits are issued to
a specific user for a specific operation. A permit may not be reassigned,
transferred or sold to a new owner, new user, different premises or
a new or changed operation, such as a new user, without the previous
written approval of the Enforcement Officer. Any application for a
permit transfer must be submitted at least 30 days in advance and
must include a written certification that the new user (or new owner,
as applicable):
H.
Waste characteristic change.
Any user or owner who is discharging industrial waste into the POTW
and who contemplates a change in the method of operation or in the
pretreatment facilities which will alter the type of industrial waste
then being discharged into the POTW shall apply for a new industrial
waste discharge permit at least 30 days prior to such change. The
revised industrial waste discharge permit will be subject to a permit
modification issuance fee as may be established by the Borough by
resolution. Approval or disapproval of a modified permit shall be
regulated by the procedures established hereunder for the issuance
of an original permit.
I.
Separation of wastes. Where the user can prove to the satisfaction of the Enforcement Officer that there is a complete separation of sanitary wastewaters from industrial wastes within an industrial establishment, with only the sanitary wastewater discharged to the POTW, and submits a written certification thereof pursuant to § 237-64B(15) herein, no industrial waste discharge permit will be required.
J.
Public notification. The Enforcement Officer, at the expense of the
applicant for an industrial waste discharge permit, shall publish
a notice of intent to issue any initial or major modifications to
an industrial waste discharge permit in a newspaper of general circulation
at least 14 days prior to issuance. The notice shall indicate a location
where the application for the permit may be reviewed and an address
where written comments may be submitted.
K.
Permit appeals. Upon receipt by the Enforcement Officer of written
request from an interested party, the Enforcement Officer will provide
the interested party with written notice of a final permit decision
by first class mail to the address provided by that party. Any person
so notified, including the permittee, may appeal the terms of the
industrial waste discharge permit, in writing, to the Enforcement
Officer within 30 days of the date of notice of its issuance, subject
to the following:
(1)
No appeal shall be considered complete unless accompanied by the
appeal fee established by ordinance or resolution of the Borough.
(2)
Failure to submit a timely appeal shall be deemed to be a complete
waiver of all rights which could have been included in the appeal.
(3)
The effectiveness of the industrial waste discharge permit shall
not be stayed pending final decision on the appeal.
(4)
The appeal must be in writing, and the person so appealing must state
the grounds for his appeal. If the appellant is the permittee, the
permittee shall indicate the provisions of the permit to which objection
is made, the reasons for the objection, and the alternative conditions,
if any, the permittee seeks to be placed in the permit.
(5)
If the appellant desires a hearing on the appeal, the appellant must
request a hearing in his appeal notice. Any hearing will be conducted
in accordance with the provisions of Local Agency Law, 2 Pa.C.S.A.
§ 551 et seq.
(6)
The Enforcement Officer shall issue a written decision granting or
denying the appeal, as appropriate. If after reviewing the appeal
and any evidence which may be presented the Enforcement Officer determines
that the appeal should be granted, the Enforcement Officer shall reissue
the permit, as modified, or revoke the permit if the appeal requested
revocation. Appeals from all final determinations of the Enforcement
Officer shall be made to Lancaster County Court of Common Pleas in
accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A.
§ 751 et seq.
L.
Industrial waste discharge permit modifications by the Enforcement
Officer. The Enforcement Officer may modify an industrial waste discharge
permit for good cause, including, but not limited to, the following
reasons:
(1)
To incorporate any new or revised federal, state or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the industrial
user's operation, processes, or wastewater volume or character since
the time of waste discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to POTW, personnel or the receiving waters;
(5)
Violation of any terms or conditions of the industrial waste discharge
permit or these regulations;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the industrial waste discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the industrial waste
discharge permit;
(9)
To reflect a transfer of the facility ownership or operation to a new owner or operator, pursuant to § 237-64G hereof; or
(10)
Upon request of the permittee, provided that such request does
not constitute violation of applicable requirements, standards, laws,
rules or regulations.
M.
Industrial waste discharge permit revocation. The Enforcement Officer
may revoke an industrial waste discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
Failure to notify the Enforcement Officer of significant changes
to the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the Enforcement Officer of changed conditions pursuant to § 237-65D hereof;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the industrial waste discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Enforcement Officer timely access to the facility
premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges and costs;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the industrial waste
discharge permit application;
(13)
Violation of any pretreatment standard or requirement or any
terms of the industrial waste discharge permit or this article.
N.
Industrial waste discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All industrial waste
discharge permits issued to a particular user are void upon the issuance
of a new industrial waste discharge permit to that industrial user.
O.
General reporting requirements for permittee:
(1)
Each major industrial user permittee shall submit an industrial waste
contribution report to the Enforcement Officer 10 days prior to the
first day of March, June, September and December.
(2)
Each minor industrial user permittee shall submit an industrial waste
contribution report only once per year, prior to the anniversary date
of its permit. The Enforcement Officer may require more than one report
per year as a permit condition.
(3)
The industrial waste contribution report shall be on a form provided
by the Enforcement Officer and shall indicate the nature and concentration
of pollutants in the industrial waste effluent. The waste characteristics
shall be based on the results of analysis of the waste performed by
a qualified laboratory acceptable to the Enforcement Officer. Upon
specific approval of the Enforcement Officer, the permittee may elect
to employ laboratories owned by the industrial user or owner for the
analysis of certain parameters being monitored. At least once per
year, a split sample shall be analyzed for all parameters being monitored
in-house by both the in-house laboratory and a qualified independent
laboratory. The results of both laboratories shall then be submitted
to the Enforcement Officer for review. The Enforcement Officer may
deny and/or withdraw the approval for the use of laboratories owned
by the industrial user or owner at any time. This report shall also
include the average daily flow for the reporting period.
(4)
At the discretion of the Enforcement Officer and in consideration
of such factors as production schedules, budget cycles, etc., the
Enforcement Officer may agree to alter the months during which the
above reports are to be submitted.
P.
Sampling, flow measurement, testing and inspection.
(1)
All major industrial users and minor industrial users shall install
at their expense a suitable control manhole (together with meters
if required by the Enforcement Officer as a condition of the permit)
and other appurtenances in the private connecting sewer lateral to
provide for inspection, sampling and measurements of the waste. The
control manhole should normally be situated on the user's premises,
but the Enforcement Officer may, when such a location would be impractical
or cause undue hardship on the user, allow the control manhole to
be constructed in the public street or sidewalk area and located so
that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near the control manhole to allow
accurate sampling and preparation of samples for analysis. The control
manhole, sampling and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the
user. Construction of the control manhole shall be completed within
90 days following the date of written notice by the Enforcement Officer.
(2)
In the event that no control manhole has been constructed, the control
manhole shall be considered to be the nearest downstream manhole in
the POTW to the point at which the building sewer is connected.
(3)
Each user discharging industrial waste to the POTW shall provide
the Enforcement Officer the opportunity of access at any time, upon
reasonable notice, to any improved property served by the POTW as
shall be required for purposes of inspection, measurement, sampling,
testing and records examination to ascertain whether the purpose of
this article is being met and all requirements are being complied
with, and for performance of other functions relating to service rendered
by the Enforcement Officer. The Enforcement Officer shall have the
right to set up on the industrial user's property such devices as
are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations.
(4)
The reports required by § 237-65C of this article shall contain the results of sampling and analysis of the waste and wastewater, including the flow and the nature and concentration, or production and mass where requested by the Borough, of pollutants contained therein which are limited by the applicable pretreatment standards.
(5)
Samples collected to satisfy reporting requirements must be obtained
through appropriate sampling and analysis performed during the period
covered by the report and shall be representative of conditions occurring
during the reporting period.
(a)
The Borough shall require that frequency of monitoring necessary
to assess and assure compliance by industrial users with applicable
pretreatment standards and requirements. Grab samples must be used
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds. For all other pollutants, twenty-four-hour composite
samples must be obtained through flow-proportional composite sampling
techniques, unless time-proportional composite sampling or grab sampling
is authorized by the Borough. Where time-proportional composite sampling
or grab sampling is authorized by the Borough, the samples must be
representative of the waste and wastewater, and the decision to allow
the alternative sampling must be documented in the industrial user
file for the facility or facilities. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance,
multiple grab samples collected during a twenty-four-hour period may
be composited prior to the analysis as follows: for cyanide, total
phenols, and sulfides the samples may be composited in the laboratory
or in the field; for volatile organics and oil and grease, the samples
may be composited in the laboratory. Composite samples for other parameters
unaffected by the compositing procedures as documented in the approved
EPA methodologies may be authorized by the Borough, as appropriate.
In addition, grab samples may be required to show compliance with
instantaneous limits.
(b)
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 237-65A and B, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data is available, the Borough may authorize a lower minimum. For periodic compliance reports required by § 237-65C of this article, the Borough shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(c)
All analyses shall be performed in accordance with procedures
established by the EPA as contained in 40 CFR Part 136 and amendments
thereto or with any other test procedures approved by the EPA. Sampling
shall be performed in accordance with the techniques approved by the
EPA. Where 40 CFR Part 136 does not include sampling or analytical
techniques for the pollutants in question, or where the EPA determines
that the Part 136 sampling and analytical techniques are inappropriate
for the pollutants in question, sampling and analyses shall be performed
using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the POTW, approved by
the EPA.
(6)
The costs of all measurement, sampling, testing, inspection and other monitoring activities incurred by the Enforcement Officer while enforcing the provisions of this article shall be the sole responsibility of and paid by the applicable industrial user. Such costs shall be additional user charges and shall be charged directly to the industrial user using the same procedures for billing and collection as used for the billing and collection of surcharges, as described in § 237-61 hereof.
A.
Baseline monitoring report (BMR). Within either 180 days after the
effective date of a National Categorical Pretreatment Standard or
the final administrative decision of a category determination under
40 CFR 403.6(a)(4), whichever is later, existing categorical significant
industrial users currently discharging to or scheduled to discharge
to the POTW shall be required to submit to the Borough a BMR. In cases
where a pretreatment standard requires compliance with a best management
practice (BMP) or pollution prevention alternative, the user must
submit documentation required by the Borough or the pretreatment standard
necessary to determine the compliance status of the user. At least
90 days prior to commencement of their discharge, new sources and
sources that become categorical SIUs subsequent to the promulgation
of an applicable categorical standard shall be required to submit
a BMR. A new source shall also report the method of pretreatment it
intends to use to meet applicable categorical standards and provide
estimates of its anticipated flows and quantity of pollutants discharged.
Categorical SIUs shall submit the following information for a BMR:
(1)
The name and address of the facility, including the name of the operator
and owner.
(2)
A list of any environmental control permits held by or for the facility.
(3)
A brief description of the nature, average rate of production, and
standard industrial classifications (SIC) of the operation(s) carried
out by such user. This description shall include a schematic process
diagram which indicates points of discharge to the POTW from the regulated
processes.
(4)
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process waste
streams and other waste streams, as necessary to allow use of the
combined waste stream formula, as established in 40 CFR 403.6(e).
(5)
The categorical standards applicable to each regulated process and
the results of sampling and analysis of the regulated pollutants for
each regulated waste stream. Instantaneous, daily maximum and long-term
average concentrations shall be reported. The sample shall be representative
of daily operations and shall be analyzed in accordance with procedures
established in 40 CFR Part 136. Sampling shall be performed in accordance
with techniques approved by the EPA.
(6)
A certification statement, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional
operation and maintenance (O&M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7)
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule shall meet the requirements of § 237-64B(13) of this article.
(8)
All BMRs shall be signed and certified in accordance with § 237-64B(15) of this article.
B.
Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified in accordance with § 237-64B(15) of this article. In cases where a pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Borough or the pretreatment standard necessary to determine the compliance status of the user.
C.
Periodic compliance reports.
(1)
Any user or significant industrial user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Borough during the months of June and December, unless required more frequently in the pretreatment standard or by the Borough, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. Both daily maximum and average concentrations shall be reported. Samples shall be representative of daily operations and shall be collected and analyzed in accordance with 40 CFR Part 136. In addition, this report shall include a record of the measured average daily and maximum daily flows. If sampling by the user indicates a violation, the user shall notify the POTW within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation, except if the POTW performs sampling at the user's facility between the time when the user performs its initial sampling and the time the user receives the result of this sampling. If the user monitors any pollutant more frequently than required by the Borough, using the procedures prescribed in § 237-64P(5) of this article, the results of this monitoring shall be included in the report. At the discretion of the Borough and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the Borough may agree to alter the months during which the above reports are to be submitted. This report shall be signed and certified in accordance with § 237-64B(15) of this article. In cases where a pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Borough or the pretreatment standard necessary to determine the compliance status of the user.
(2)
The Borough may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection C(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Borough, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the Borough. All analyses shall be performed in accordance with procedures established by 40 CFR Part 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of industrial Effluent for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the EPA.
D.
Report of changed conditions. Each user, whether permitted or not, must notify the Borough of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change occurs. The user may be required to submit information to the Borough as may be deemed necessary to evaluate the changed condition. The Borough may issue a new wastewater discharge permit or modify an existing wastewater discharge permit as directed under § 237-64 of this article, as applicable.
E.
Notification of hazardous waste discharge.
(1)
Any user who commences a discharge that, if otherwise disposed of,
would be considered hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and the DEP waste management
authorities in writing of any discharge into the POTW of a substance
which, if otherwise disposed of, would be a hazardous waste under
40 CFR Part 261. Such notification shall include:
(a)
The name of the hazardous waste as set forth in 40 CFR Part 261;
(b)
The EPA hazardous waste number; and
(c)
The type of discharge (continuous, batch, or other).
If the user discharges more than 100 kilograms of such waste
per calendar month to the POTW, the notification shall also contain
the following information to the extent such information is known
and readily available to the user:
(d)
An identification of the hazardous constituents contained in
the waste;
(e)
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month; and
(f)
An estimation of the mass of constituents in the waste stream
expected to be discharged during the following 12 months.
All notifications shall take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However notifications of changed discharges shall be submitted in accordance with § 237-65D of this article. This notification requirement does not apply to pollutants already reported by users subject to categorical standards under the monitoring requirements of this section.
(2)
Users are exempt from the requirements of Subsection E(1) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste, the user shall notify
the Borough, the EPA Regional Waste Management Division Director and
the DEP waste management authorities of the discharge of such substances
within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this subsection, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a wastewater
discharge permit issued hereunder, or any applicable federal or state
law.
F.
Recordkeeping. Any user subject to the reporting requirements of
this article shall retain, and make available for inspection and copying,
all records required by this article and any additional records of
information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements, including documentation
associated with best management practices. Records shall include the
date, exact place, method, time of sampling, and name of the person(s)
taking the samples; the dates analyses were performed; who performed
the analyses; the analytical techniques or methods used; and the results
of the analyses. These records shall remain available for five years
or longer as specified by the Borough, and affording the Borough access
hereto, which period shall be automatically extended for the duration
of any litigation concerning the user or the Borough.
The Borough shall require each user to provide and operate at
the user's own expense monitoring facilities to allow inspection,
sampling and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility should normally be situated
on the user's premises;, but the Borough may, when such a location
would be impractical or cause undue hardship on the 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.
A.
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 user.
B.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Borough's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Borough.
The Borough shall inspect the facilities of any user to ascertain whether the purposes of this article are being met and all requirements are being complied with. Persons or occupants of premises connected to the POTW shall allow the Borough or its representatives ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination, or in the performance of any of their duties. The Borough, state and EPA 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 into their premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Borough, state or EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities. The analysis of samples shall be the basis for computing additional charges in accordance with § 237-61. The cost of said sampling shall be borne by the Borough.
Users shall provide necessary wastewater treatment as required
to comply with this article and shall achieve compliance with all
National Categorical Pretreatment Standards within the time limitations
as specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the Borough
shall be provided, operated and maintained at the users' expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Borough for review and shall be acceptable
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Borough under the provisions
of this article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be accepted by the
Borough prior to the user's initiation of the changes.
A.
The Borough shall annually publish in a newspaper of general circulation
a list of the users which were in significant noncompliance (SNC)
with applicable pretreatment standards or requirements at least once
during the previous 12 months. The notification shall also summarize
any enforcement actions taken by the Borough against the users during
the same 12 months.
B.
All records relating to compliance with pretreatment standards shall
be made available to officials of the state or EPA upon request.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs, and from inspections
shall be available to the public or other governmental agencies without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Borough that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
A.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection to the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the NPDES permit, state disposal system permit, and/or
the pretreatment programs; provided, however, that such portions of
a report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the person
furnishing the report. Effluent data as defined by 40 CFR 2.302 will
not be recognized as confidential information.
B.
Information accepted by the Borough as confidential shall be transmitted
to any governmental agency immediately when requested. The Borough
shall follow the procedures in Sections 707 and 708 of the Pennsylvania
Right to Know Law, 65 P.S. §§ 67.707 and 67.708, when
the Borough receives a request from the public for information accepted
as confidential.
A.
Notification of violation (NOV).
(1)
Whenever the Borough finds that any user has violated or continues
to violate any provisions of this article, the wastewater discharge
permit, or any order issued hereunder, or any federal pretreatment
standard or requirement, the Borough may serve upon said user a written
notice, stating the nature of the violation. Within 10 days of the
receipt date of this notice, an explanation of the violation and a
plan for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted to the Borough by the
user. If the user fails to submit a plan within this ten-day period,
the Borough shall develop and enforce a plan to correct the violation
in question at the user's expense.
(2)
The provisions of this section shall not relieve the user of any
responsibility under this article or under any statute, law, rule
or regulation.
B.
Cease and desist orders. When the Borough finds that a user has violated
or continues to violate this article, the wastewater discharge permit
or any order issued hereunder, or any federal pretreatment standard
or requirement, the Borough may issue an order to cease and desist
all such violations and direct the user in noncompliance to:
C.
Compliance order. When the Borough finds that a user has violated
or continues to violate any provisions of this article, the wastewater
discharge permit, any order issued hereunder, or any violation of
a federal pretreatment standard of requirement, the Borough may issue
a Compliance Order to the user responsible for the discharge directing
that, following a specific time period, sewer service shall be discontinued
unless adequate treatment facilities, devices or other related appurtenances
have been installed and are properly operated. Compliance orders may
also contain other requirements as might be reasonably necessary and
appropriate to address the noncompliance, including the installation
of pretreatment technology, additional self-monitoring and management
practices.
D.
Consent orders. The Borough is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to § 237-70C.
E.
Show cause order.
(1)
Notwithstanding the aforesaid enforcement provisions, the Borough
may order any user who causes or allows an unauthorized discharge
to enter the POTW to show cause before the Borough why the proposed
enforcement action should not be taken. A notice shall be served on
the user specifying the time and place of a hearing to be held by
the Borough regarding the violation, the reasons why the action is
to be taken, the proposed enforcement action, and directing the user
to show cause before the Borough why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by certified or registered mail (return receipt requested) at least
10 days before the hearing. Service may be made on any authorized
representative of the user. The Borough or other person designated
by the Borough shall conduct the hearing and be authorized as follows:
(a)
To issue notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter
involved in such hearings;
(b)
To take the evidence; and
(c)
To transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations, to
the Borough for action thereon.
(2)
At any hearing held pursuant to this article, testimony shall 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 therefor.
(3)
After the Borough has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer service shall be discontinued unless
adequate treatment facilities, devices or other related appurtenances
have been installed and existing treatment facilities, devices or
other related appurtenances are properly operated. Further orders
and directives deemed necessary and appropriate may be issued by the
Borough.
F.
Administrative fines. Notwithstanding any other section of this article,
any user which has violated or continues to violate any provision
of this article, the wastewater discharge permit, any order issued
hereunder, or any federal pretreatment standard or requirement shall
be assessed an amount not to exceed $2,500 for each violation. 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 Borough 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. Unpaid
charges, fines and penalties shall constitute a lien against an individual
user's property. Users desiring to appeal such fines must file a written
appeal within 10 days of being notified of the fine. The Borough shall
convene a hearing on the matter within 15 days of receiving the appeal
from the user.
G.
Emergency suspensions.
(1)
The Borough may suspend the wastewater treatment service and/or the
wastewater discharge permit when such suspension is necessary, in
the opinion of the Borough, in order to stop an actual or threatened
discharge which presents, or may present, an imminent endangerment
to the health or welfare of persons or to the environment; may interfere
with the POTW; or may cause the POTW to violate any condition of its
NPDES permit.
(2)
Any user notified of a suspension of the wastewater treatment service
and/or the wastewater discharge permit shall immediately stop or eliminate
the wastewater discharge to the POTW. In the event of a failure of
the user to comply voluntarily with the suspension order, the Borough
shall take steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW,
its receiving stream, or endangerment to any individuals. The Borough
shall reinstate the wastewater discharge permit upon proof of the
elimination of the noncomplying discharge by the user and payment
of any damages, fines, penalties or costs associated with the discharge.
(3)
A user which is responsible, in whole or in part, for imminent endangerment
shall submit a detailed written statement, describing the causes of
the harmful contribution and the measures taken to prevent any future
occurrence to the Borough, within 15 days of the date of occurrence.
H.
Revocation of permit.
(1)
Any user who has violated or continues to violate any provisions
of this article, the wastewater discharge permit, any order issued
hereunder, or any federal pretreatment standard or requirement, is
subject to having his wastewater discharge permit revoked. Grounds
for revocation include, but are not limited to:
(a)
Failure of the user to factually report the wastewater constituents
and characteristics of discharge;
(b)
Failure of the user to report significant changes in operations
or wastewater constituents and characteristics prior to the changed
discharge;
(c)
Refusal to permit reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling;
(d)
Violation of the conditions of the wastewater discharge permit;
or
(e)
Failure to terminate new or increased discharges.
If any user or other person has violated or continues to violate
any provisions of this article, the wastewater discharge permit, any
order issued hereunder, or any federal pretreatment standard or requirement,
the Borough Solicitor may commence an action for appropriate legal
and/or equitable relief in a court of competent jurisdiction. Some
of these actions may include the following:
A.
Injunctive relief. Whenever a user has violated or continues to violate
the provisions of this article, the wastewater discharge permit, any
order issued hereunder, or any federal pretreatment standard or requirement,
the Borough Solicitor may petition the Court for the issuance of a
preliminary or permanent injunction, or both (as may be appropriate),
which restrains or compels the activities on the part of the user.
B.
Civil penalties.
(1)
Any user who has violated or continues to violate any provisions
of this article, the wastewater discharge permit, any order issued
hereunder, or any federal pretreatment standard or requirement, shall
be liable to the Borough for a civil penalty not to exceed $25,000
plus actual damages incurred by the POTW per violation per day as
the violation continues. In addition to the above-described penalty
and damages, the Borough my recover reasonable attorneys' fees, court
costs, and other expenses associated with the enforcement activities,
including sampling and monitoring expenses.
(2)
The Borough shall petition the Court to impose, assess and recover
such sums. In determining the amount of liability, the Court shall
take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the user's violation,
collective actions by the user, the compliance history of the user,
and any other factor as justice requires.
C.
Criminal prosecution – violations in general. Any user who
willfully or negligently violates any provision of this article, the
wastewater discharge permit, any order issued hereunder or any federal
pretreatment standard or requirement shall, upon conviction thereof,
be punished by a fine not to exceed $1,000 per violation per day or
imprisonment for not more than one year, or both.
D.
Falsifying information. Any user who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or wastewater discharge permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this article, shall, upon conviction, be
punished by a fine not to exceed $1,000 per violation per day or imprisonment
for not more than one year, or both.
A.
Treatment upsets.
(1)
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
or local pretreatment standards because of factors beyond the reasonable
control of the user. An upset does not include noncompliance to the
extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
(2)
An upset shall constitute an affinitive defense to an action brought for noncompliance with categorical pretreatment standards if the requirements in Subsection A(3) are met.
(3)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(a)
An upset occurred and the user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures;
(c)
The user has submitted the following information to the POTW
within 24 hours of becoming aware of the upset (if this information
is provided orally, a written submission must be provided within five
days):
[1]
A description of the indirect discharge and cause of noncompliance;
[2]
The period of noncompliance, including exact dates and times,
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
[3]
Steps being taken and/or planned to reduce, eliminate and prevent
reoccurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(5)
A user will have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
The user shall control production of all discharges to the extent
necessary to maintain compliance with categorical pretreatment standards
upon reduction, loss or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
B.
Treatment bypasses.
(1)
A bypass of the treatment system is prohibited unless all of the
following conditions are met:
(2)
A user shall submit oral notice to the Borough of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours
from the time it becomes aware of the bypass. A written submission
shall also be provided within five days of the time the user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate and prevent reoccurrence of the bypass.
The Borough may waive the written report on a case-by-case basis if
the oral report has been received within 24 hours.
(3)
A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Users anticipating a bypass must submit notice to the Borough at least 10 days in advance. The Borough may only approve the-anticipated bypass if the circumstances satisfy those set forth in Subsection B(1) above.
A.
Whenever the terms of this article provide for any action to be taken,
including notice and the service of documentation with respect to
enforcement of the terms of this article, including termination of
discharge, said notices and opportunities to respond shall be provided,
in addition to the user, to the owner of the improved property served
by the POTW, if the owner is different than the user.
B.
Every "notice," "request," "requisition," "order," "demand," "application," "statement," "report," "certification," "consent" or similar action hereunder shall, unless the form thereof is specifically provided, be in writing signed by the user or the authorized representative of the user making, sending, issuing or publishing the item pursuant to § 237-64B(15) hereof, signed by the Manager or his duly authorized representative, and served by personal service or registered or certified mail (return receipt required), unless otherwise specifically indicated. Service upon any authorized representative of a user as defined herein shall constitute service upon the user.
The owner of each improved property connected to the wastewater
system shall be responsible for all acts of tenants or other occupants
of such improved property insofar as such acts shall be governed by
provisions of this article and requirements.
The failure of the Borough to insist upon strict performance
of these regulations or any of the terms or conditions thereof shall
not be construed as a waiver of any of its rights hereunder.
Except as otherwise required by law, this article is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this article restates regulations
contained in ordinances which Borough Council previously enacted,
this article shall be considered a restatement of and not a repeal
of such regulations. It is the specific intent of Borough Council
that all provisions of this article shall be considered in full force
and effect as of the date such regulations were initially enacted.
All ordinances or parts of ordinances inconsistent with the provisions
of this article are hereby repealed. It is further the intent of Borough
Council that the provisions of this article shall not affect any act
done, contract executed or liability incurred prior to its effective
date, or affect any suit or prosecution pending or to be instituted
to enforce any rights, rules, regulations or ordinances, or part thereof,
or to punish any violation which occurred under any prior industrial
waste pretreatment regulations or ordinances or previously issued
permits. In the event any violation has occurred under any prior industrial
waste pretreatment regulation or ordinance, prosecution or other enforcement
actions may be initiated against the alleged offender pursuant to
the provisions of said prior industrial waste pretreatment regulations
or ordinances, and the provisions and penalties provided in said prior
industrial waste pretreatment ordinances or regulations shall remain
effective as to said violation.
