[Ord. 1-1995, 2/14/1995, § 1]
1.
Purpose and Policy. This Part sets forth uniform requirements for
users of the publicly owned treatment works owned by the Washington-East
Washington Joint Authority (hereinafter the "Authority") and enables
the Authority in cooperation with the Township of Canton to comply
with all applicable state and federal laws, including the Clean Water
Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment
Regulations (40 CFR, Part 403). This ordinance is intended to replace
the existing pretreatment ordinance, Ordinance No. __________, adopted
on March 12, 1985. The objectives of this Part are:
A.
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation.
B.
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works.
C.
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public.
D.
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works.
E.
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the publicly owned treatment
works.
F.
To enable the Authority to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
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The Part shall apply to all user of the publicly owned treatment
works. The Part authorizes the issuance of wastewater discharge permits;
provides for monitoring, compliance and enforcement activities; established
administrative review procedures; requires user reporting; and provides
for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
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2.
Administration. Except as otherwise provided herein, the Manager
of the Authority shall administer, implement and enforce the provisions
of this Part. Any powers granted to or duties imposed upon the Manager
may be delegated by the Manager to other Township or Authority personnel.
3.
BOD
CFR
COD
EPA
gpd
mg/l
NPDES
POTW
RCRA
SIC
TSS
U.S.C.
Abbreviations. The following abbreviations, when used in this Part,
shall have the designated meanings:
Biochemical oxygen demand.
CFR.
Chemical oxygen demand.
U.S. Environmental Protection Agency.
Gallons per day.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Publicly owned treatment works.
Resource Conservation and Recovery Act.
Standard Industrial Classification.
Total suspended solids.
United States Code.
4.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
BIOCHEMICAL OXYGEN DEMAND or BOD
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MANAGER
MEDICAL WASTE
NEW SOURCE
NONCONTACT COOLING WATER
PASS THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS or POTW
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
SLUG LOAD or SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUSPENDED SOLIDS
TOWNSHIP
USER
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Part, 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 Environmental Protection Agency
(EPA).
Washington-East Washington Joint Authority, an authority
created under the Municipal Authorities Act of 1945 which has authority
over indirect discharges to and discharges from its publicly owned
treatment works.
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(1)
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If the user is a corporation:
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(a)
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The president, secretary, treasurer or a vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for
the corporation.
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(b)
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The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
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(2)
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If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
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(3)
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If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
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(4)
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The individuals described in Subsections (1) through (3), above,
may designate another authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted
to the Authority.
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The quantity of oxygen utilized in the biochemical oxidation
or organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405-471.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with § 307
of the Act.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act.
An establishment which discharges or introduces industrial
waste into a publicly owned treatment works.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the Authority's
NPDES permit, including an increase in the magnitude or duration of
a violation, or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II commonly referred to as the Resource Conservation
and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act.
The person designated by the Authority to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this Part, or a duly authorized representative.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
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(1)
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Any building, structure, facility or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under § 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:
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(a)
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The building, structure, facility or installation is constructed
at a site at which no other source is located.
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(b)
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The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
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(c)
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The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
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(2)
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Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of Subsection (1)(b) or (c) above but otherwise
alters, replaces or adds to existing process or production equipment.
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(3)
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Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
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(a)
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Begun, or caused to begin, as part of a continuous on-site construction
program:
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1)
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Any placement, assembly or installation of facilities or equipment.
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2)
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Significant site preparation work including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment.
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(b)
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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.
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Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into the 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 Authority'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 or any other legal entity; or their legal representatives,
agents or assigns. This definition includes all federal, state and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged soil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes and certain characteristics of wastewater (e.g.,
pH, temperature, TSS turbidity, color, BOD, COD, toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards and local limits.
A publicly owned treatment works as defined by § 212
of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C.
§ 1251 et seq.) which is owned by a state, municipality
or authority, as defined by § 502(4) of the Federal Water
Pollution Control Act. The term includes devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes all
sewers, pipes and other conveyances that convey wastewater to the
POTW plant. The term also means:
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(1)
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A municipality, as defined in § 502(4) of the Federal
Water Pollution Control Act, which has jurisdiction over indirect
discharges to and discharges from this type of treatment works.
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(2)
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An authority created under the act of May 2, 1945 (P.L. 3282,
No. 164), known as the Municipality Authorities Act of 1945, which
has jurisdiction over indirect discharges to and discharges from this
type of treatment works.
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Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.)
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(1)
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A user subject to categorical pretreatment standards.
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(2)
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A user that:
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(a)
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Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater).
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(b)
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Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant.
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(c)
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Is designated as such by Authority on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
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(3)
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Upon a finding that a user meeting the criteria in Subsection
(2) has no reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement,
the Authority may at any time, on its own initiative or in response
to a petition received from a user, and in accordance with procedures
in 40 CFR 403.8(f)(6), determine that such user should not be considered
a significant industrial user.
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A classification pursuant to the "Standard Industrial Classification
Manual" issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquid, and which is
removable by laboratory filtering.
Township of Canton, Pennsylvania or the Board of Supervisors
of the Township of Canton, Pennsylvania.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designated to provide treatment
of municipal sewage and industrial waste.
[Ord. 1-1995, 2/14/1995, § 2]
1.
Prohibited Discharge Standards.
A.
General Prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass through
or interference. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state or local pretreatment standards
or requirements.
B.
Specific Prohibitions. No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances or wastewater:
(1)
Pollutants which crate a fire or explosive hazard in the POTW,
including, but not limited to, waste streams with a closed-up flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21.
(2)
Wastewater having a pH less than 5.0, or otherwise causing corrosive
structural damage to the POTW or equipment.
(3)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference; but in no case
solids greater than 1/2 inch in any dimension.
(4)
Pollutants, including oxygen-demanding pollutants (BOD, etc.)
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW.
(5)
Wastewater having a temperature greater than 104° F. (40°
C.), or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.).
(6)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin, in amounts that will cause interference or pass through.
(7)
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(9)
Noxious or malodorous liquids, gases, solids or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair.
(10)
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the Authority's NPDES
permit.
(11)
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations.
(12)
Storm water, surface water, ground water, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water and unpolluted wastewater,
unless specifically authorized by the Manager.
(13)
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 non-compliance 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 Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act or state criteria applicable
to the sludge management method being used.
(14)
Medical wastes, except as specifically authorized by the Manager
in a wastewater discharge permit.
(15)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test.
(16)
Detergents, surface-active agents or other substances which
may cause excessive foaming in the POTW.
(17)
Fats, oils or greases of animal or vegetable origin in concentrations
greater than 150 mg/l.
(18)
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW, or at any point in the POTW,
of more than 10% or any single reading over 10% of the Lower Explosive
Limit of the meter.
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Pollutants, substances or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
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2.
National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR, Chapter 1, Subchapter N, Parts 405-471, are hereby incorporated by reference as if fully set forth herein.
A.
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Manager may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Manager
shall impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
C.
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
3.
Local Limits. The following pollutant limits are established to protect
against pass through and interference. No person shall discharge wastewater
containing in excess of the following instantaneous maximum allowable
discharge limits:
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General Concentration Limits
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Total Headworks Loading for Industrial Discharges
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0.0005 mg/l arsenic
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0.9269 # / day arsenic
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250 mg/l BOD5
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0.0030 mg/l cadmium
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0.0544 # / day cadmium
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0.0500 mg/l total chromium
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8.0570 # / day total chromium
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0.0100 mg/l hex chromium
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1.0871 # / day hex chromium
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0.0683 mg/l copper
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3.8779 # / day copper
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0.0410 mg/l cyanide
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1.4180 # / cyanide
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0.0500 mg/l lead
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9.9437 # / day lead
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0.00023 mg/l mercury
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0.0094 # / day mercury
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0.0210 mg/l nickel
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0.8634 # / day nickel
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150 mg/l oil and grease
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0.0003 mg/l silver
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0.0112 # / day silver
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300 mg/l total suspended solids
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0.01750 mg/l zinc
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3.1785 # / day zinc
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The above limits apply at the point where the wastewater is
discharged to the POTW. All concentrations for metallic substances
are for "total" metal unless indicated otherwise.
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4.
City's and Authority's Right of Revision. The Authority
reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to
the POTW.
5.
Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Manager may impose mass limitations on
users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases when the imposition of mass limitations
is appropriate.
[Ord. 1-1995, 2/14/1995, § 3]
1.
Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Part and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 18-502, Subsection 1, of this Part within the time limitations specified by EPA, the state or the Manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Manager for review, and shall be acceptable to the Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the use from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Authority under the provisions of this Part.
2.
Additional Pretreatment Measures.
A.
Whenever deemed necessary, the Manager may require users to restrict
their discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage waste streams from industrial
waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of this Part.
B.
The Manager may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage
and flow-control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
C.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Manager, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of type and capacity approved
by the Manager and shall be so located to be easily accessible for
cleaning and inspection. Such interceptors shall be inspected, cleaned
and repaired regularly, as needed, by the user at their expense.
D.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
3.
Accidental Discharge/Slug Control Plans. Each significant industrial
user shall submit to the Authority for approval an accidental discharge/slug
control plan. Each significant industrial user shall provide and maintain
facilities and operating procedures to prevent accidental discharge
of prohibited materials which shall be provided and maintained at
user's cost and expense; such 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.
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.
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No significant industrial user who commences contribution to
the POTW after the effective date of this Part shall be permitted
to introduce pollutants into the system until accidental discharge
procedures and slug control plan have been approved by the Authority.
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4.
Hauled Wastewater.
A.
Septic tank waste may be introduced into the POTW only at locations designated by the Manager, and at such times as are established by the Manager. Such waste shall not violate § 18-502 of this Part or any other requirements established by the Authority. The Authority may require septic tank waste haulers to obtain wastewater discharge permits.
B.
The Manager shall require haulers of industrial waste to obtain wastewater
discharge permits. The Manager may require generators of hauled industrial
waste to obtain wastewater discharge permits. The Manager also may
prohibit the disposal of hauled industrial waste. The discharge of
hauled industrial waste is subject to all other requirements of this
Part.
C.
Industrial waste haulers may discharge loads only at locations designated
by the Manager. No load may be discharged without prior consent of
the Manager. The Manager may collect samples of each hauled load to
ensure compliance with applicable standards. The Manager may require
the industrial waste hauler to provide a waste analysis of any load
prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
[Ord. 1-1995, 2/14/1995, § 4]
1.
Wastewater Analysis. When requested by the Manager, a user must submit
information on the nature and characteristics of its wastewater within
30 days of the request. The Manager is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
2.
Wastewater Discharge Permit Requirement.
A.
No significant industrial user shall discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from the
Manager.
B.
The Manager may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this Part.
C.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in §§ 18-510 through 18-512 of this Part. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
3.
Wastewater Discharge Permitting: Existing Permit Holders. All significant industrial users, presently holding valid wastewater discharge permits issued by the Authority shall be permitted to continue to discharge wastewater into the POTW in accord with existing permit requirements for up to 150 days. However, all such users shall, within 30 days of the effective date of this Part, apply for reissuance of their current permit by submitting an application in accord with § 18-504, Subsection 5, of this Part. Said application shall be approved or denied by the Authority within 90 days of said application date. Provided, however, that should the Manager fail to take any action during said ninety-day period, the user shall be permitted to discharge wastewater in accord with existing permit requirements. The terms and conditions of any existing permit are subject to modification at the time of reissuance, as long as the user is informed of any proposed changes in permit requirements at least 30 days prior to the effective date of the change. Any changes or new conditions may include a reasonable time schedule for compliance.
4.
Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the continuance or recommencing of such discharge. An application for such wastewater discharge permit, in accordance with § 18-504, Subsection 5, of this Part, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
5.
Wastewater Discharge Permit Application Contents. All users required
to obtain a wastewater discharge permit must submit a permit application.
The Manager may require all users to submit as part of an application
the following information:
B.
Description of activities, facilities and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW.
C.
Number and type of employees, hours of operation and proposed or
actual hours of operation.
D.
Each product produced by type, amount, process or processes and rate
of production.
E.
Type and amount of raw materials processed (average and maximum per
day).
F.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge.
G.
Time and duration of discharges.
H.
Any other information as may be deemed necessary by the Manager to
evaluate the wastewater discharge permit application.
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Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision.
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6.
Application Signatories and Certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
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"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
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7.
Wastewater Discharge Permit Decisions. The Manager will evaluate
the data furnished by the user and may require additional information.
Within 90 days of receipt of complete wastewater discharge permit
application, the Manager will determine whether or not to issue a
wastewater discharge permit. The Manager may deny any application
for a wastewater discharge permit.
[Ord. 1-1995, 2/14/1995, § 5]
1.
Wastewater Discharge Permit Duration. A wastewater discharge permit
shall be issued for a specified time period, not to exceed five years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period less than five years, at the discretion
of the Manager. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
2.
Wastewater Discharge Permit Contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the Manager to prevent pass through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal
and protect against damage to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
(3)
Effluent limits based on applicable pretreatment standards.
(4)
Self monitoring, sampling, reporting, notification and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law.
(5)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.
B.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time
of discharge and/or requirements for flow regulation and equalization.
(2)
Requirements for the installation of pretreatment technology,
pollution control or construction of appropriate containment devices,
designed to reduce, eliminate or prevent the introduction of pollutants
into the treatment works.
(3)
Requirements for the development and implementation of spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
(4)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
(5)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(7)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
(8)
Other conditions as deemed appropriate by the Manager to ensure
compliance with this Part, and state and federal laws, rules and regulations.
3.
Wastewater Discharge Permit Appeals. The Manager shall provide notice
of the issuance of a wastewater discharge permit. Any significant
industrial user aggrieved by the issuance of its wastewater discharge
permit may seek judicial review of any term or condition by filing
a complaint with the Court of Common Please of Washington County within
30 days in accordance with the provisions and procedures of the Local
Agency Law, 2 Pa.C.S.A. §§ 551 – 555, 751 –
754.
4.
Wastewater Discharge Permit Modification. The Manager may modify
a wastewater discharge permit for good cause including, but not limited
to, the following reasons:
A.
To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
B.
To address significant alterations or additions to the user's
operation, processes or wastewater volume or character since the time
of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge poses a threat
to the Authority's POTW, Authority personnel or the receiving
waters.
E.
Violation of any terms or conditions of the wastewater discharge
permit.
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
H.
To correct typographical or other errors in the wastewater discharge
permit.
5.
Wastewater Discharge Permit Transfer. Wastewater discharge permits
may be transferred to a new owner or operator only if the permittee
gives at least 30 days' advance notice to the Manager and the
Manager approves the wastewater discharge permit transfer. The notice
to the Manager must include a written certification by the new owner
or operator which:
A.
States that the new owner and/or operator has no immediate intent
to change the facility's operations and processes.
B.
Identifies the specific date on which the transfer is to occur.
C.
Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
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Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
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6.
Wastewater Discharge Permit Revocation. The Manager may revoke a
wastewater discharge permit for good cause including, but not limited
to, the following reasons:
A.
Failure to notify the Manager of significant changed conditions to
the changed discharge.
C.
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application.
D.
Falsifying self-monitoring reports or tampering with monitoring equipment.
E.
Refusing to allow the Manager timely access to the facility premises
and records.
F.
Failure to meet effluent limitations or compliance schedules.
G.
Failure to pay fines or sewer charges.
H.
Failure to complete a wastewater survey or the wastewater discharge
permit application.
I.
Failure to provide advance notice of the transfer of business ownership
of a permitted facility.
J.
Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this Part.
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Wastewater discharge permits shall be voidable upon cessation
of operation so transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
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[Ord. 1-1995, 2/14/1995, § 6]
1.
Baseline Monitoring Reports.
A.
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Manager a report which contains the information listed in Subsection 1B below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an application standard, shall submit to the Manager a report which contains the information listed in Subsection 1B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information as set forth below.
(1)
Identifying Information. The name and address of the facility,
including the name of the operator and owner.
(2)
Environmental Permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of Operations. A brief description of the nature,
average rate of production and standard industrial classifications
of the operation(s) carried out by each user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4)
Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(5)
Measurement of Pollutants.
(a)
The categorical pretreatment standards applicable to each regulated
process.
(b)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Manager of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 18-506, Subsection 10, of this Part.
(6)
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 18-506, Subsection 2, of this Part.
2.
Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by § 18-506, Subsection 1B(7), of this Part.
A.
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction and beginning and conducting routine operation).
B.
No increment referred to above shall exceed nine months.
C.
The user shall submit a progress report to the Manager no later than
14 days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with
the increment of progress, the reason for any delay and, if appropriate,
the steps being taken by the user to return to the established schedule.
D.
In no event shall more than nine months elapse between such progress
reports to the Manager.
3.
Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencements of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Manager a report containing the information described in § 18-506, Subsection 1B(4) through (6), of this Part. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 18-504, Subsection 6, of this Part.
4.
Periodic Compliance Reports.
A.
All significant industrial users shall, at a frequency determined by the Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 18-504, Subsection 6, of this Part.
B.
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
5.
Reports of Changed Conditions. Each user must notify the Manager
of any planned significant changes to the user's operations or
system which might alter the nature, quality or volume of its wastewater
at least 90 days before the change.
6.
Reports of Potential Problems.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
Manager of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the Manager, submit a detailed written report describing
the cause(s) of the discharge and the measures taken by the user to
prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage or other liability which may
be incurred as a result of damage to the POTW, natural resources or
any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties or other liability which
may be imposed pursuant to this Part.
C.
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 discharge described in Subsection 6A above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
7.
Reports from Unpermitted Users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Manager as the Manager may require.
8.
Notice of Violation/Repeat Sampling and Reporting. If sampling performed
by a user indicates a violation, the user must notify the Manager
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 Manager within 30 days after becoming aware
of the violation.
9.
Notification of the Discharge of Hazardous Waste.
A.
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user, an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 18-506, Subsection 5, of this Part. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 18-506, Subsections 1, 3 and 4, of this Part.
B.
Dischargers are exempt from the requirements of Subsection 9A, above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under § 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user must notify
the Manager, the EPA Regional Waste Management Waste Division Director
and state hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
D.
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
E.
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this Part, a permit issued
thereunder, or any applicable federal or state law.
10.
Analytical Requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
11.
Sample Collection.
A.
Except as indicated in Subsection 11B, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Manager may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides
and volatile organic compounds must be obtained using grab collection
techniques.
12.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
13.
Record Keeping. Users subject to the reporting requirements of this
Part shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this Part and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include the date, exact place,
method and time of sampling and the name of the person(s) taking the
samples; the date analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at
least three years. This period shall be automatically extended for
the duration of any litigation concerning the user or the Authority
or where the user has been specifically notified of a longer retention
period by the Manager.
[Ord. 1-1995, 2/14/1995, § 7]
1.
Right of Entry; Inspection and Sampling. The Manager shall have the
right to enter the premises of any user to determine whether the user
is complying with all requirements of this Part and any wastewater
discharge permit or order issued hereunder. Users shall allow the
Manager ready access to all parts of the premises for the purposes
of inspection, sampling, records examination and copying and the performance
of any additional duties.
A.
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Manager will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
B.
The Manager shall have the right to set up on the user's property,
or require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
C.
The Manager may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated to ensure their accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Manager and shall
not be replaced. The costs of clearing such access shall be born by
the user.
E.
Unreasonable delays in allowing the Manager access to the user's
premises shall be a violation of this Part.
2.
Search Warrants. If the Manager has been refused access to a building,
structure or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this Part,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Authority to verify compliance
with this Part or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Authority may seek issuance of a search warrant from the Court
of Common Pleas of Washington County.
[Ord. 1-1995, 2/14/1995, § 8]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits
and monitoring programs, and from the manager's inspection and
sampling activities, shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Manager that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
[Ord. 1-1995, 2/14/1995, § 9]
1.
The Manager shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements,
and shall summarize any enforcement actions taken against such users.
The term "significant noncompliance" shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceeded the daily maximum limit or average limit
for the same pollutant parameter by any amount.
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants except pH).
C.
Any other discharge violation that the Manager believes has caused,
alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the
general public.
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Manager's
exercise of its emergency authority to halt or prevent such a discharge.
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance.
F.
Failure to provide within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violation(s) which the Manager determines will adversely
affect the operation or implementation of the local pretreatment program.
[Ord. 1-1995, 2/14/1995, § 10]
1.
Notification of Violation. When the Manager finds that a user has
violated, or continues to violate, any provision of this Part, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Manager shall serve upon that user a
written notice of violation. Within 15 days of the receipt of this
notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the Manager. Submission of this
plan in no way relieves the user of liability for any violations occurring
before or after receipt of the notice of violation. Nothing in this
section shall limit the authority of the Manager to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
2.
Consent Orders. The Manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 18-510, Subsections 4 and 5, of this Part and shall be judicially enforceable.
3.
Show Cause Hearing.
A.
The Manager may order a user which has violated, or continues to
violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
to appear before the Manager and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
user.
B.
The Authority may itself conduct the hearing and take the evidence,
or may designate any of its members or any officer or employee of
the Authority to:
(1)
Issue in the name of the Authority notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Take evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Authority
Board for action thereon.
(4)
At any hearing held pursuant to this Part, the testimony taken
may be under oath and recorded stenographically. The transcript, so
recorded, will be made available to any members of the public or any
party to the hearing upon payment of the usual charges thereof.
C.
After the Authority has reviewed the evidence, it may issue all necessary
and appropriate orders, including but not limited to consent orders,
cease and desist orders, compliance orders and discharge suspension
or termination orders.
D.
A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
4.
Compliance Orders. When the Manager finds that a user has violated,
or continues to violate, any provision of this Part, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Manager may issue an order to the user
responsible for the discharge directing that the user come into compliance
within a specified time. If the user does not come into compliance
within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices or other related appurtenances
are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
5.
Cease and Desist Orders. When the Manager finds that a user has violated,
or continues to violate, any provision of this Part, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are
likely to recur, the Manager may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
A.
Immediately comply with all requirements.
B.
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
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Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
|
6.
Emergency Suspensions. The Manager may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The Manager may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
A.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Manager that the period of endangerment has passed, unless the termination proceedings in § 18-510, Subsection 8, of this Part are initiated against the user.
B.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Manager prior to the date of any show cause or termination hearing under § 18-510, Subsection 3 or 8, of this Part.
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Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
|
7.
Termination of Discharge. In addition to the provisions in § 18-505, Subsection 6, of this Part, any user who violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions.
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge.
C.
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge.
D.
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling.
E.
Violation of the pretreatment standards in § 18-502 of this Part.
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Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-510, Subsection 3, of this Part why the proposed action should not be taken. Exercise of this option by the Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
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[Ord. 1-1995, 2/14/1995, § 11; as amended by Ord.
2-2002, 5/15/2002]
1.
Injunctive Relief.
A.
When the Manager finds that a user has violated, or continues to
violate, any provision of this Part, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
the Manager may petition the Court of Common Pleas of Washington County
through the Authority's solicitor for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order
or other requirement imposed by this Part on activities of the user.
The Manager may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user
to conduct environmental remediation.
B.
A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user.
C.
Injunctive relief shall be granted against an industrial user, pursuant
to the publicly owned treatment works Civil Penalty law, set forth
at 35 P.S. § 752.1 et seq., upon the showing of one or more
of the following:
(1)
A discharge from an industrial user presents an imminent danger
or substantial harm to the POTW or the public.
(2)
A discharge from an industrial user presents an imminent or
substantial endangerment to the environment.
(3)
A discharge from an industrial user causes the POTW to violate
any condition of its discharge permit.
(4)
An industrial user has shown a lack of ability or intention
to comply with a pretreatment standard.
D.
An injunction affecting an industrial operation not directly related to the condition or violation in question may be issued if the court determines that other enforcement procedures would not be adequate to affect prompt correction of the condition or violation. In addition to an injunction, the court in any such proceedings may levy civil penalties in accordance with § 18-511, Subsection 2.
E.
The Authority's power to seek injunctive relief shall apply
to all industrial users regardless of jurisdictional boundaries. Injunctive
proceedings may be prosecuted in the Court of Common Pleas of Washington
County or where the activity has taken place, the condition exists
or the public is affected.
2.
Civil Penalties.
A.
Any industrial user who has violated, or continues to violate, any
provision of this Part shall be liable to the Authority for a maximum
civil penalty in an amount not to exceed $25,000 per violation, per
day in accord with the publicly owned treatment works Civil Penalty
law set forth at 35 P.S. § 752.1 et seq. In the case of
a monthly or other long-term average discharge limit, penalties shall
accrue for each day during the period of violation.
B.
In the event a single operational upset occurs which leads to simultaneous
violations of more than one pretreatment standard or requirement,
such event shall be treated as one violation as required by the Federal
Water Pollution Control Act.
C.
Any such penalties shall be assessed in accord with the Authority's
formal, written civil penalty assessment policy, a copy of which has
been supplied to all significant industrial users. In determining
the amount of civil liability, the Authority shall take into account
all relevant circumstances, including, but not limited to, the extent
of harm caused by the violation, the magnitude and duration of the
violation, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user,
deterrence of future violations and any other factor as justice requires.
A penalty may be assessed whether or not the violation was wilful
or negligent.
D.
The Authority shall serve on the industrial user a Notice of Assessment
which shall include a description of the applicable appeals process
to be followed, including the name, address and telephone number of
the person responsible for accepting such appeal. Any industrial user
aggrieved by the imposition of a civil penalty may request a hearing
in accord with the Local Agency Law, 2 Pa.C.S.A. §§ 551
– 555, at which the industrial user shall have an opportunity
to rebut the finding of a violation and present evidence of circumstances
beyond the industrial user's control which resulted in the violation.
The Authority shall keep a record of the evidence presented and shall
provide the user with a written notice of the Authority's final
decision or action.
E.
Any industrial user assessed with a penalty pursuant to this section
shall have 30 days to pay the proposed penalty in full, or, if the
industrial user wishes to contest either the amount or imposition
of the penalty, the industrial user must file an appeal with the Court
of Common Pleas of Washington County in accord with the provisions
and procedures of the Local Agency Law, 2 Pa.C.S.A. §§ 751
– 754.
F.
The Manager may recover reasonable attorney's fees, court costs
and other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages
incurred by the Authority. In the event of an operational upset, the
Authority may recover its cost for re-establishing the operation of
the POTW, in addition to any civil penalty.
G.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
H.
Civil penalties collected pursuant to this section shall be placed
in a restricted account and shall only be used by the Authority for
the repair of damage and any additional maintenance needed or any
additional costs imposed as a result of the violation for which the
penalty was imposed, to pay any penalties imposed on the Authority
by the state or federal government for violation of standards, for
the costs incurred by the publicly owned treatment works to investigate
and take the enforcement action that resulted in a penalty being imposed,
for the monitoring of discharges in the pretreatment program and for
capital improvements to the treatment works, including sewage collection
lines, which may be required by the pretreatment program. Any remaining
funds may be used for capital improvements to the treatment works,
including collection lines.
3.
Criminal Prosecution.
A.
A user who willingly or negligently violates any provision of this
Part, or fails to carry out duties and responsibilities imposed by
this Part or any person who impedes or interferes with any action
undertaken to enforce this Part, upon conviction thereof in an action
brought before a Magisterial District Justice in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this Part continues or each section of this Part which
shall be found to have been violated shall constitute a separate offense.
[Amended at time of adoption of Code]
B.
A user who violates this Part by willfully or negligently introducing
any substance into the POTW which causes personal injury or property
damage, upon conviction thereof in an action brought before a Magisterial
District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense. This penalty shall be in addition
to any cause of action for personal injury or property damage available
under state law.
[Amended at time of adoption of Code]
C.
A user who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
Part, wastewater discharge permit, or order issued hereunder, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this Part, upon conviction thereof
in an action brought before a Magisterial District Justice in the
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
[Amended at time of adoption of Code]
D.
Any person aggrieved by any decision of the Township may file an
appeal with the Court of Common Pleas of Washington County in accordance
with the rules of criminal procedure.
4.
Remedies Nonexclusive. The remedies provided for in this Part are
not exclusive. The Manager may take any, all or any combination of
these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the Authority's
enforcement response plan. However, the Authority may take other action
against any user when the circumstances warrant. Further, the Manager
is empowered to take more than one enforcement action against any
noncompliant user.
[Ord. 1-1995, 2/14/1995, § 12]
1.
Performance Bonds. The Manager may decline to issue or reissue wastewater
discharge permit to any user who has failed to comply with any provision
of this Part, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the Authority,
in a sum not to exceed a value determined by the Manager to be necessary
to achieve consistent compliance.
2.
Liability Insurance. The Manager may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this Part, a previous wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair damage to the POTW caused
by its discharge.
3.
Public Nuisances. A violation of any provision of this Part, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement is hereby declared a public nuisance and shall
be corrected or abated as directed by the Manager. Any person(s) creating
a public nuisance shall be subject to the provisions of the Township
Code governing such nuisances, including reimbursing the City for
any costs incurred in removing, abating or remedying said nuisance.
4.
Contractor Listing. Users which have not achieved compliance with
applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale or goods or services to
the Township or the Authority.
[Ord. 1-1995, 2/14/1995, § 13]
1.
Pretreatment Charges and Fees. The Authority may adopt reasonable
fees for reimbursement of costs of setting up and operating the Authority's
pretreatment program which may include:
A.
Fees for reimbursement of costs of operating the Authority's
pretreatment program.
B.
Fees for wastewater discharge permit applications including the cost
of processing such applications.
C.
Fees for monitoring, inspection and surveillance procedures including
the cost of collection and analyzing a user's discharge, and
reviewing monitoring reports submitted by users.
D.
Fees for reviewing and responding to accidental discharge procedures
and construction.
E.
Fees for filing appeals and instituting legal action, including attorney's
fees.
F.
Fees for consistent removal by the Authority of pollutants otherwise
subject to federal pretreatment standards.
G.
Other fees as the Authority may deem necessary to carry out the requirements
contained herein.
H.
These fees relate solely to the matters covered by this Part and
are separate from all other fees, fines and penalties chargeable by
the Authority.
2.
Severability. If any provision of this Part is invalidated by any
court of competent jurisdiction, the remaining provisions shall not
be affected and shall continue in full force and effect.
