[Ord. 683, 7/11/2016]
1.
This Part, which follows the EPA Model Pretreatment Ordinance dated
January 2007, sets forth uniform requirements for Users of the publicly
owned treatment works for the Borough of Wellsboro and enables the
Borough 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 (Title 40 of the Code of Federal Regulations
Part 403). Any reference hereinafter to laws or regulations shall
include any amendments, which are made to these laws or regulations
in the future.
2.
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 provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
E.
To enable the Borough 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.
3.
This Part shall apply to all users of the publicly owned treatment
works. This Part authorizes the issuance of individual wastewater
discharge permits; provides for monitoring, compliance, and enforcement
activities; establishes 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.
[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:
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BOD: Biochemical oxygen demand
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BMP: Best management practice
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CFR: Code of Federal Regulations
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CIU: Categorical industrial user
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COD: Chemical oxygen demand
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EPA: U.S. Environmental Protection Agency
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gpd: gallons per day
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mg/l: milligrams per liter
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NPDES: National Pollutant Discharge Elimination System
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NSCIU: Non-significant categorical industrial user
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POTW: Publicly owned treatment works
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RCRA: Resource Conservation and Recovery Act
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SIU: Significant industrial user
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TSS: Total suspended solids
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U.S.C.: United States Code
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[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.
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 for Region III of the EPA.
If the user is a corporation:
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
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.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
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.
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.
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.
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).
The Borough of Wellsboro, Tioga County, Pennsylvania.
An industrial user subject to a 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.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The Borough.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
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.
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.
Any source of discharge that is not a "new source."
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.
Household showers, dish-washing operations, etc.
The introduction of pollutants into the POTW from any nondomestic
source.
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 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.
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.
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.
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:
One hundredths percent of the design dry weather hydraulic capacity
of the POTW, or 5,000 gpd, whichever is smaller;
One hundredths percent of the design dry weather organic treatment
capacity; and
One hundredths percent of the maximum allowable headworks loading
for any pollutant for which approved local limits were developed by
a POTW.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
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.
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:
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is 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.
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.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program;
Any placement, assembly, or installation of facilities or equipment;
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
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.
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:
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Borough's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, 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 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).
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.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 18-705 of this Part.
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.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
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
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.
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.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
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.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
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 designed to provide treatment
of municipal sewage and industrial waste.
[Ord. 683, 7/11/2016]
1.
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.
[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]
Refer to Part 1 of this chapter.
[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]
1.
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 that 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 paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 18-734 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 §§ 18-730, 18-732, and 18-733 of this Part.
2.
Dischargers are exempt from the requirements of Subsection 1, 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 non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
3.
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Superintendent,
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.
4.
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.
5.
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this Part, a permit issued
hereunder, or any applicable federal or state law.
[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]
1.
Whenever deemed necessary, the Superintendent 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.
2.
The Superintendent 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. An individual wastewater discharge permit may be issued solely
for flow equalization.
3.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Superintendent, 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 a type and capacity approved
by the Superintendent, and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired in accordance with the interceptor manufacturer's
and Superintendent's direction by the user at their expense.
4.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
[Ord. 683, 7/11/2016]
1.
The Superintendent shall evaluate whether each SIU needs an accidental
discharge/slug discharge control plan or other action to control slug
discharges. The Superintendent may require any user to develop, submit
for approval, and implement such a plan or take such other action
that may be necessary to control slug discharges. Alternatively, the
Superintendent may develop such a plan for any user. An accidental
discharge/slug discharge control plan shall address, at a minimum,
the following:
A.
Description of discharge practices, including nonroutine batch discharges;
B.
Description of stored chemicals;
C.
Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by § 18-735 of this Part; and
D.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
[Ord. 683, 7/11/2016]
1.
Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste shall not violate §§ 18-705 through 18-710 of this Part or any other requirements established by the Borough. The Superintendent may require septic tank waste haulers to obtain individual wastewater discharge permits.
2.
The Superintendent may require haulers of industrial waste to obtain
individual wastewater discharge permit. The Superintendent may require
generators of hauled industrial waste to obtain individual wastewater
discharge permits. The Superintendent also may prohibit the disposal
of hauled industrial waste. The discharge of hauled industrial waste
is subject to all other requirements of this Part.
3.
Industrial waste haulers may discharge loads only at locations designated
by the Superintendent. No load may be discharged without prior consent
of the Superintendent. The Superintendent may collect samples of each
hauled load to ensure compliance with applicable standards. The Superintendent
may require the industrial waste hauler to provide a waste analysis
of any load prior to discharge.
4.
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. 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]
1.
No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to § 18-717 of this Part may continue to discharge for the time period specified therein.
2.
The Superintendent may require other users to obtain individual wastewater
discharge permits as necessary to carry out the purposes of this Part.
4.
Obtaining
an individual 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.
[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]
1.
All users required to obtain an individual wastewater discharge permit
must submit a permit application. The Superintendent may require users
to submit all or some of the following information as part of a permit
application:
B.
Environmental Permits. A list of any environmental control permits
held by or for the facility.
C.
Description of Operations.
(1)
A brief description of the nature, average rate of production
(including each product produced by type, amount, processes, and rate
of production), and standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram, which indicates points of discharge to the POTW from
the regulated processes;
(2)
Types of wastes generated, and 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;
(3)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(4)
Type and amount of raw materials processed (average and maximum
per day);
(5)
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.
D.
Time and duration of discharges;
E.
The location for monitoring all wastes covered by the permit;
F.
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 Section 2.2B [40 CFR 403.6(e)].
G.
Measurement of Pollutants.
(1)
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
(2)
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the standard or
by the Superintendent, of regulated pollutants in the discharge from
each regulated process.
(3)
Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported.
(4)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 18-738 of this Part. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Superintendent or the applicable Standards to determine compliance with the Standard.
H.
Any other information as may be deemed necessary by the Superintendent
to evaluate the permit application.
2.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
[Ord. 683, 7/11/2016]
2.
If the designation of an authorized representative is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility or overall responsibility for
environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
Superintendent prior to or together with any reports to be signed
by an authorized representative.
[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]
1.
An individual wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Superintendent 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.
Individual wastewater discharge permits contain:
(1)
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date;
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Borough in accordance with § 18-726 of this Part, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3)
Effluent limits, including best management practices, based
on applicable pretreatment standards;
(4)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) 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;
(6)
Requirements to control slug discharge, if determined by the
Superintendent to be necessary.
B.
Individual wastewater discharge permits may contain 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, including flow measurement
devices;
(7)
A statement that compliance with the individual 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 individual wastewater
discharge permit; and
(8)
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this Part, and state and federal laws, rules,
and regulations.
[Ord. 683, 7/11/2016]
1.
Public Notification. The Superintendent will publish, in an official
government publication and/or newspaper(s) of general circulation
that provides meaningful public notice within the jurisdiction(s)
served by the POTW, a notice to issue a pretreatment permit, at least
30 days prior to issuance. The notice will indicate a location where
the draft permit may be reviewed and an address where written comments
may be submitted.
2.
Permit Appeals. The Superintendent shall provide public notice of
the issuance of an individual wastewater discharge permit. Any person,
including the user, may petition the Superintendent to reconsider
the terms of an individual wastewater discharge permit within 30 days
of notice of its issuance.
A.
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate the individual
wastewater discharge permit provisions objected to, the reasons for
this objection, and the alternative condition, if any, it seeks to
place in the individual wastewater discharge permit.
C.
The effectiveness of the individual wastewater discharge permit shall
not be stayed pending the appeal.
D.
If the Superintendent fails to act within 30 days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider
an individual wastewater discharge permit, not to issue an individual
wastewater discharge permit, or not to modify an individual wastewater
discharge permit or to revoke an individual wastewater discharge permit
shall be considered final administrative actions for purposes of judicial
review.
E.
Aggrieved parties seeking judicial review of the final administrative
individual wastewater discharge
permit decision must do so by filing a complaint with the local court
with jurisdiction within the Pennsylvania statute of limitations.
[Ord. 683, 7/11/2016]
1.
The Superintendent may modify an individual 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 the individual 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 Borough's POTW, Borough personnel, or the receiving waters;
E.
Violation of any terms or conditions of the individual 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 individual wastewater
discharge permit; or
[Ord. 683, 7/11/2016]
1.
Individual wastewater discharge permits may be transferred to a new
owner or operator only if the permittee gives at least 90 days'
advance notice to the Superintendent and the Superintendent approves
the individual wastewater discharge permit transfer. The notice to
the Superintendent must include a written certification by the new
owner or operator which:
2.
Failure to provide advance notice of a transfer renders the individual
wastewater discharge permit void as of the date of facility transfer.
[Ord. 683, 7/11/2016]
1.
The Superintendent may revoke an individual wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
A.
Failure to notify the Superintendent of significant changes to the
wastewater prior to the changed discharge;
B.
Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 18-734 of this Part;
C.
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
D.
Falsifying self-monitoring reports and certification statements;
E.
Tampering with monitoring equipment;
F.
Refusing to allow the Superintendent timely access to the facility
premises and records;
G.
Failure to meet effluent limitations;
H.
Failure to pay fines;
I.
Failure to pay sewer charges;
J.
Failure to meet compliance schedules;
K.
Failure to complete a wastewater survey or the wastewater discharge
permit application;
L.
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
M.
Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this Part.
2.
Individual wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All individual wastewater
discharge permits issued to a user are void upon the issuance of a
new individual wastewater discharge permit to that user.
[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]
1.
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the Borough and Wellsboro Municipal
Authority shall enter into an intermunicipal agreement with the contributing
municipality.
2.
Prior to entering into an agreement required by Subsection 1, above, the Superintendent shall request the following information from the contributing municipality:
3.
An intermunicipal agreement, as required by Subsection 1, above, shall contain the following conditions:
A.
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part and Part 1 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Borough's ordinance or local limits;
B.
A requirement for the contributing municipality to submit a revised
user inventory;
C.
A provision specifying which pretreatment implementation activities,
including individual wastewater discharge permit issuance, inspection
and sampling, and enforcement, will be conducted by the contributing
municipality; which of these activities will be conducted by the Superintendent;
and which of these activities will be conducted jointly by the contributing
municipality and the Superintendent;
D.
A requirement for the contributing municipality to provide the Superintendent
with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
E.
Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
F.
Requirements for monitoring the contributing municipality's
discharge;
G.
A provision ensuring the Superintendent access to the facilities
of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the Superintendent; and
H.
A provision specifying remedies available for breach of the terms
of the intermunicipal agreement including the right to take action
to enforce the terms of the contributing municipality's ordinance
or to impose and enforce pretreatment standards and requirements directly
against dischargers.
[Ord. 683, 7/11/2016]
1.
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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection 2, below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection 2, 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.
2.
Users described above shall submit the information set forth below.
B.
Measurement of Pollutants.
(2)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection;
(3)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other waste waters are mixed
with the regulated waste water prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit along with supporting data shall be submitted
to the Control Authority;
(5)
The Superintendent may allow the submission of a baseline report
which utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures;
(6)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
C.
Compliance Certification. A statement, reviewed by the user's authorized representative as defined in § 18-704, 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.
D.
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 must be provided. 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 § 18-731 of this Part.
[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]
1.
All significant industrial users must, at a frequency determined
by the Superintendent, submit no less than twice per year reports
indicating the nature, 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. In cases
where the pretreatment standard requires compliance with a best management
practice (BMP) or pollution prevention alternative, the user must
submit documentation required by the Superintendent or the pretreatment
standard necessary to determine the compliance status of the user.
3.
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.
4.
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent, using the procedures prescribed in § 18-738 of this Part, the results of this monitoring shall be included in the report.
5.
If allowed by the Commonwealth of Pennsylvania and authorized by
the Superintendent, users may send electronic (digital) documents
to the Borough to satisfy the requirements of this section following
submission requirements provided by the Superintendent.
[Ord. 683, 7/11/2016]
1.
Each user must notify the Superintendent of any 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.
A.
The Superintendent may require the user to submit such information
as may be deemed necessary to evaluate the changed condition, including
the submission of a wastewater discharge permit application under
§ 18-719of this Part.
B.
The Superintendent may issue an individual wastewater discharge permit
under § 18-728of this Part or modify an existing wastewater
discharge permit under § 18-725of this Part in response
to changed conditions or anticipated changed conditions.
[Ord. 683, 7/11/2016]
1.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the Superintendent 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.
2.
Within five days following such discharge, the user shall, unless
waived by the Superintendent, submit a detailed written report describing
the cause(s) of the discharge and the measures to be 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 might 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.
3.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection 1, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
4.
Significant industrial users are required to notify the Superintendent
immediately of any changes at its facility affecting the potential
for a slug discharge.
[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]
1.
Samples collected to satisfy reporting requirements must be based
on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
A.
Except as indicated in Subsection 1B and C below, the user must collect
wastewater samples using twenty-four-hour flow-proportional composite
sampling techniques, unless time-proportional composite sampling or
grab sampling is authorized by the Superintendent. Where time-proportional
composite sampling or grab sampling is authorized by the Borough,
the samples must be representative of the discharge. Using protocols
(including appropriate preservation) specified in 40 CFR Part 136
and appropriate EPA guidance, multiple grab samples collected during
a twenty-four-hour period may be composited prior to the analysis
as follows: for cyanide, total phenols, and sulfides the samples may
be composited in the laboratory or in the field; for volatile organics
and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the Borough, as appropriate. In addition, grab samples may be required
to show compliance with instantaneous limits.
B.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 18-730 and 18-732 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by § 18-733 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
[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]
1.
Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 18-720; users submitting baseline monitoring reports under § 18-730, Subsection 2E; users submitting reports on compliance with the categorical pretreatment standard deadlines under ; and users submitting periodic compliance reports required by § 18-733, Subsections 1 through 4. The following certification statement must be signed by an authorized representative as defined in § 18-704:
|
"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."
|
[Ord. 683, 7/11/2016]
1.
The Superintendent 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 individual wastewater discharge permit or order
issued hereunder. Users shall allow the Superintendent 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 Superintendent shall
be permitted to enter without delay for the purposes of performing
specific responsibilities.
B.
The Superintendent 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 Superintendent 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 at intervals as recommended by
the equipment manufacturer, or once per year, or at intervals stipulated
by the Superintendent, whichever interval frequency is shortest 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 Superintendent
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
E.
Unreasonable delays in allowing the Superintendent access to the
user's premises shall be a violation of this Part.
[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]
1.
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, or that the user's past violations are likely
to recur, the Superintendent 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; and
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. Issuance of a
cease-and-desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
[Ord. 683, 7/11/2016]
1.
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 fine such user in an amount
not to exceed the maximum allowed under state law. Such fines shall
be assessed on a per-violation, per-day basis. In the case of monthly
or other long-term average discharge limits, fines shall be assessed
for each day during the period of violation.
2.
Unpaid charges, fines, and penalties shall, after 30 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 1% per month. A lien
against the user's property shall be sought for unpaid charges,
fines, and penalties.
3.
Users desiring to dispute such fines must file a written request
for the Superintendent to reconsider the fine along with full payment
of the fine amount within 30 days of being notified of the fine. Where
a request has merit, the Superintendent may convene a hearing on the
matter. In the event, the user's appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to
the user. The Superintendent may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
4.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
[Ord. 683, 7/11/2016]
1.
The Superintendent 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 Superintendent 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 Superintendent 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 Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 18-752 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 Superintendent prior to the date of any show cause or termination hearing under § 18-747 or 18-752 of this Part.
2.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. 683, 7/11/2016]
1.
In addition to the provisions in § 18-727 of this Part, any user who violates the following conditions is subject to discharge termination:
A.
Violation of individual 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; or
2.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-747 of this Part why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, 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]
1.
A user who 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 shall
be liable to the Borough for a maximum civil penalty allowed under
state law. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation.
2.
The Superintendent may recover reasonable attorneys' 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 Borough.
3.
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
4.
Filing a suit for civil penalties 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]
1.
Upset.
A.
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An "upset" does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought
for noncompliance with categorical pretreatment standards if the requirements
of Subsection 1C, below, are met.
C.
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1)
An upset occurred and the user can identify the cause(s) of
the upset;
(2)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(3)
The user has submitted the following information to the Superintendent
within 24 hours of becoming aware of the upset: (If this information
is provided orally, a written submission must be provided within five
days.)
(a)
A description of the indirect discharge and cause of noncompliance;
(b)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
(c)
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
D.
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
E.
Users shall have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
F.
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost,
or fails.
2.
Bypass.
A.
For the purposes of this section:
(1)
"Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
(2)
Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
B.
A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses
are not subject to the provision of Subsection 2C and D of this section.
C.
Bypass Notifications.
(1)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Superintendent, at least 10 days before
the date of the bypass, if possible.
(2)
A user shall submit oral notice to the Superintendent of an
unanticipated bypass that exceeds applicable pretreatment standards
within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five days of the time the
user becomes aware of the bypass. The written submission shall contain
a description of the bypass and its cause; the duration of the bypass,
including exact dates and times, and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The Superintendent may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
D.
Bypass.
(1)
Bypass is prohibited, and the Superintendent may take an enforcement
action against a user for a bypass, unless:
(a)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(b)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
(c)
The user submitted notices as required under Subsection 2C of
this section.
[Ord. 683, 7/11/2016]
(Reserved)
[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;
4.
Fees for filing appeals;
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.
