[Ord. 683, 7/11/2016]
Except as otherwise provided herein, the Superintendent shall
administer, implement, and enforce the provisions of this Part. Any
powers granted to or duties imposed upon the Superintendent may be
delegated by the Superintendent to a duly authorized Borough employee.
[Ord. 683, 7/11/2016]
The following abbreviations, when used in this Part, shall have
the designated meanings:
BOD: Biochemical oxygen demand
|
BMP: Best management practice
|
CFR: Code of Federal Regulations
|
CIU: Categorical industrial user
|
COD: Chemical oxygen demand
|
EPA: U.S. Environmental Protection Agency
|
gpd: gallons per day
|
mg/l: milligrams per liter
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NPDES: National Pollutant Discharge Elimination System
|
NSCIU: Non-significant categorical industrial user
|
POTW: Publicly owned treatment works
|
RCRA: Resource Conservation and Recovery Act
|
SIU: Significant industrial user
|
TSS: Total suspended solids
|
U.S.C.: United States Code
|
[Ord. 683, 7/11/2016]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Part, shall have the meanings hereinafter
designated.
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
A.
If the user is a corporation:
(1)
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decisionmaking functions
for the corporation; or
(2)
The manager of one or more manufacturing, production, or 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.
B.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
C.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility or their designee.
D.
The individuals described in Subsections
A through
C, above, may designate a duly 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 Borough.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. 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.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
BOROUGH
The Borough of Wellsboro, Tioga County, Pennsylvania.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1317) that apply to a specific category of users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405–471.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, the Regional Administrator,
or other duly authorized official of said agency.
GRAB SAMPLE
A sample that 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.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge that, 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 Borough's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II, commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
LOCAL LIMIT
Specific discharge limits developed and enforced by the Borough upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). These limits are identified Part
1 of this chapter.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
MIDDLE TIER CIU
A CIU may be designated by the Control Authority as a Middle
Tier CIU if its discharge of categorical wastewater does not exceed
the following:
A.
One hundredths percent of the design dry weather hydraulic capacity
of the POTW, or 5,000 gpd, whichever is smaller;
B.
One hundredths percent of the design dry weather organic treatment
capacity; and
C.
One hundredths percent of the maximum allowable headworks loading
for any pollutant for which approved local limits were developed by
a POTW.
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
MONTHLY AVERAGE LIMIT
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
NEW SOURCE
A.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
(1)
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
(2)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(3)
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
B.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of Subsection A(2) or (3) above but otherwise
alters, replaces, or adds to existing process or production equipment.
C.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
(1)
Begun, or caused to begin, as part of a continuous on-site construction
program;
(1)
Any placement, assembly, or installation of facilities or equipment;
(2)
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(2)
Entered into a binding contractual obligation for the purchase
of facilities or equipment which 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 subsection.
NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER
A categorical industrial user designated by the Control Authority
as "non-significant." To qualify as an NSCIU, the CIU must never discharge
more than 100 gallons per day of total categorical wastewater (excluding
sanitary, noncontact cooling, and boiler blowdown wastewater, unless
specifically included in the categorical pretreatment standard). The
CIU must also:
A.
Have consistently complied with all applicable pretreatment
standards;
B.
Annually submit a certification statement [40 CFR 304.12(q)];
and
C.
Never discharge any untreated concentrated wastewater.
NONCONTACT COOLING WATER
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
PASS-THROUGH
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Borough's NPDES permit, including
an increase in the magnitude or duration of a violation.
PERSON
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.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned or operated by the Borough.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances, which convey wastewater
to a treatment plant.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
SIGNIFICANT INDUSTRIAL USER (SIU)
A.
An industrial user subject to categorical pretreatment standards;
or
B.
An industrial user that:
(1)
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
(2)
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
(3)
Is designated as such by the Borough on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in §
18-705 of this Part. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
STORMWATER
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
SUPERINTENDENT
The person designated by the Borough to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this Part. The term also means a duly authorized representative
of the Superintendent.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
[Ord. 683, 7/11/2016]
Users must comply with the categorical pretreatment standards
found at 40 CFR Chapter I, Subchapter N, Parts 405–471.
1. When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Superintendent
may convert the limits to equivalent limitations expressed either
as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
2. When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Superintendent
shall impose an alternate limit in accordance with 40 CFR 403.6(e).
3. Once included in its permit, the industrial user must comply with
the equivalent limitations developed in this section in lieu of the
promulgated categorical standards from which the equivalent limitations
were derived.
4. Many categorical pretreatment standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average, or four-day average, limitations. Where such
standards are being applied, the same production or flow figure shall
be used in calculating both the average and the maximum equivalent
limitation.
5. Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the Superintendent within two business days after the
user has a reasonable basis to know that the production level will
significantly change within the next calendar month. Any user not
notifying the Superintendent of such anticipated change will be required
to meet the mass or concentration limits in its permit that were based
on the original estimate of the long term average production rate.
6. Non-Significant Categorical Industrial Users (NSCIU): see definition
of "non-significant categorical industrial user." An indirect discharger
that has been designated a NSCIU by its Control Authority is no longer
an SIU, so there is no requirement to control it through a permit
or other control mechanism. But, if the Control Authority determines
that an existing NSCIU no longer meets a required criterion for being
categorized as non-significant (see definition), the user becomes
an SIU and must be issued a control mechanism.
A. The Control Authority may reduce sampling and reporting requirements
for an NSCIU as it deems appropriate, but the user must annually report
and certify that it still meets the definition of an NSCIU, including
that it complied with the applicable categorical pretreatment standards
during the reporting period.
B. The Control Authority must evaluate, at least once per year, whether
each NSCIU still meets the non-significant criteria in 40 CFR 403.312(i).
C. NSCIUs are still categorical dischargers and, as such, are still
required to comply with applicable categorical pretreatment standards.
7. Middle Tier Categorical Industrial Users: see definition of "Middle
Tier Categorical Industrial User." A Middle Tier CIU is still an SIU.
The Control Authority must issue control mechanisms to CIUs in the
Middle Tier Category. In order to classify a CIU as a Middle Tier
CIU, the Control Authority must also demonstrate that the CIU has
not been in significant noncompliance for any time in the past two
years and that the reduced reporting requirements would still result
in data that is representative of conditions occurring at the facility
and in the discharge during the reporting period.
A. The Control Authority may reduce the submission frequency of the
required periodic monitoring report for Middle Tier CIUs from a minimum
of twice per year to a minimum of once per year.
B. Reports submitted at this reduced frequency must still be based upon
data that are representative of the conditions occurring during the
entire reporting period, consistent with 40 CFR 403.12(g)(3).
C. The Control Authority may also reduce its own obligation to inspect
and sample Middle Tier CIUs from once per year to once every two years.
[Ord. 683, 7/11/2016]
The Borough reserves the right to establish, by ordinance or
in individual wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW consistent with the purpose
of this Part.
[Ord. 683, 7/11/2016]
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 Superintendent 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. 683, 7/11/2016]
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 §
18-705 of this Part within the time limitations specified by EPA, the state, or the Superintendent, 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 Superintendent for review, and shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Borough under the provisions of this Part.
[Ord. 683, 7/11/2016]
When requested by the Superintendent, a user must submit information
on the nature and characteristics of its wastewater within 90 days
of the request. The Superintendent is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
[Ord. 683, 7/11/2016]
Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part and who wishes to continue such discharges in the future, shall, within 60 days after said date, apply to the Superintendent for an individual wastewater discharge permit in accordance with §
18-719 of this Part, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this Part except in accordance with an individual wastewater discharge permit issued by the Superintendent.
[Ord. 683, 7/11/2016]
Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with §
18-719 of this Part, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
[Ord. 683, 7/11/2016]
The Superintendent will evaluate the data furnished by the user
and may require additional information. Within 90 days of receipt
of a complete permit application, including any additional information
requested by the Superintendent, the Superintendent will determine
whether to issue an individual wastewater discharge permit. The Superintendent
may deny any application for an individual wastewater discharge permit.
[Ord. 683, 7/11/2016]
An individual wastewater discharge permit shall be issued for
a specified time period, not to exceed five years from the effective
date of the permit. An individual wastewater discharge permit may
be issued for a period less than five years, at the discretion of
the Superintendent. Each individual wastewater discharge permit will
indicate a specific date upon which it will expire.
[Ord. 683, 7/11/2016]
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with §
18-719 of this Part, a minimum of 180 days prior to the expiration of the user's existing individual wastewater discharge permit.
[Ord. 683, 7/11/2016]
The following conditions shall apply to the compliance schedule required by §
18-730, Subsection 2D,of this Part:
1. The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
2. No increment referred to above shall exceed nine months;
3. The user shall submit a progress report to the Superintendent no
later than 14 days following each date in the schedule and the final
date of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
4. In no event shall more than nine months elapse between such progress
reports to the Superintendent.
[Ord. 683, 7/11/2016]
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in §
18-719, Subsection 1F and G, and §
18-730, Subsection 2B, of this Part. For users subject to equivalent mass or concentration limits established in accordance with the procedures in §
18-706, 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 §
18-741, Subsection
1,of this Part. All sampling will be done in conformance with §
18-738.
[Ord. 683, 7/11/2016]
If sampling performed by a User indicates a violation, the user
must notify the Superintendent 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 Superintendent
within 30 days after becoming aware of the violation. Resampling by
the industrial user is not required if the Borough performs sampling
at the user's facility at least once a month, or if the Borough
performs sampling at the user between the time when the initial sampling
was conducted and the time when the user or the Borough receives the
results of this sampling, or if the Borough has performed the sampling
and analysis in lieu of the industrial user.
[Ord. 683, 7/11/2016]
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 and amendments thereto, 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, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Superintendent or other parties
approved by EPA.
[Ord. 683, 7/11/2016]
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.
[Ord. 683, 7/11/2016]
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 dates 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 Borough, or where the
user has been specifically notified of a longer retention period by
the Superintendent.
[Ord. 683, 7/11/2016]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from the Superintendent'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 Superintendent, 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 at 40 CFR 2.302 shall not be recognized
as confidential information and shall be available to the public without
restriction.
[Ord. 683, 7/11/2016]
The Superintendent shall publish annually a list of the users
which, at any time during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term "significant noncompliance" shall be applicable to all significant
industrial users (or any other industrial user that violates Subsection
3, 4 or 8 of this section) and shall mean:
1. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §
18-704;
2. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by §
18-704 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment standard or requirement as defined by §
18-704 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent 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;
4. Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge;
5. Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
6. Failure to provide within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance; or
8. Any other violation(s), which the Superintendent determines will
adversely affect the operation or implementation of the local pretreatment
program.
[Ord. 683, 7/11/2016]
When the Superintendent finds that a user has violated, or continues
to violate, any provision of this Part, an individual wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the Superintendent may serve upon that user a written
notice of violation. Within 30 days of the receipt of such 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 Superintendent. Submission of such
a 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 Superintendent to
take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
[Ord. 683, 7/11/2016]
The Superintendent may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall 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 §§
18-748 and
18-749 of this Part and shall be judicially enforceable.
[Ord. 683, 7/11/2016]
The Superintendent may order a user which has violated, or continues to violate, any provision of this Part, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent 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). The Superintendent shall endeavor to provide notice at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in §
18-704. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
[Ord. 683, 7/11/2016]
When the Superintendent finds that a user has violated, or continues
to violate, any provision of this Part, an individual wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the Superintendent 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.
[Ord. 683, 7/11/2016]
When the Superintendent finds that a user has violated, or continues
to violate, any provision of this Part, an individual wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the Superintendent may petition the local court with
jurisdiction through the Borough's attorney for the issuance
of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the individual wastewater discharge
permit, order, or other requirement imposed by this Part on activities
of the user. The Superintendent may also seek such other action as
is appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
[Ord. 683, 7/11/2016]
The remedies provided for in this Part are not exclusive. The
Superintendent 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 Borough's enforcement
response plan. However, the Superintendent may take other action against
any user when the circumstances warrant. Further, the Superintendent
is empowered to take more than one enforcement action against any
noncompliant user.
[Ord. 683, 7/11/2016]
A penalty of $100 shall be assessed to any user for each day
that a report required by this Part, a permit or order issued hereunder
is late, beginning five days after the date the report is due. Actions
taken by the Superintendent to collect late reporting penalties shall
not limit the Superintendent's authority to initiate other enforcement
actions that may include penalties for late reporting violations.
[Ord. 683, 7/11/2016]
The Superintendent may decline to issue or reissue an individual
wastewater discharge permit to any user who has failed to comply with
any provision of this Part, a previous individual 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 Borough, in a sum not to exceed a value determined
by the Superintendent to be necessary to achieve consistent compliance.
[Ord. 683, 7/11/2016]
The Superintendent may decline to issue or reissue an individual
wastewater discharge to any user who has failed to comply with any
provision of this Part, a previous individual 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.
[Ord. 683, 7/11/2016]
The Superintendent may decline to issue or reissue an individual
wastewater discharge permit to any user who has failed to pay any
outstanding fees, fines or penalties incurred as a result of any provision
of this Part, a previous individual wastewater discharge permit, or
order issued hereunder.
[Ord. 683, 7/11/2016]
Whenever a user has violated or continues to violate any provision
of this Part, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will recommence,
at the user's expense, only after the user has satisfactorily
demonstrated its ability to comply.
[Ord. 683, 7/11/2016]
The Borough may adopt reasonable fees for reimbursement of costs
of setting up and operating the Borough's pretreatment program,
which may include:
1. Fees for wastewater discharge permit applications, including the
cost of processing such applications;
2. Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a user's discharge, and
reviewing monitoring reports and certification statements submitted
by users;
3. Fees for reviewing and responding to accidental discharge procedures
and construction;
5. Fees to recover administrative and legal costs (not included in Subsection
2) associated with the enforcement activity taken by the Superintendent to address noncompliance; and
6. Other fees as the Borough may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this Part and are separate from all other fees, fines, and penalties
chargeable by the Borough.
[Ord. 683, 7/11/2016]
This Part shall be effective on July 11, 2016, and shall remain
in force until modified, amended or rescinded by the Borough of Wellsboro,
Tioga County, Pennsylvania.