Township of Robinson, PA Pretreatment Standards for Riverview Sanitary Authority Sewage Collection and Treatment System

This article sets forth uniform requirement for users of the publicly owned treatment works and enables the Riverview Sanitary Authority to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the prevailing General Pretreatment Regulations (40 CFR Part 403). In the event language herein is in conflict with the aforementioned laws and regulations, the prevailing applicable laws and regulations shall apply. The objectives of this article are:

(a)

To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(b)

To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(c)

To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(d)

To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(e)

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(f)

To enable the Riverview Sanitary Authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

(2)

This article shall apply to all users of the publicly owned treatment works. The article authorizes the issuance and maintenance of 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.

Administration.

(1)

Except as otherwise provided herein, the Riverview Sanitary Authority shall establish, administer, implement, and enforce legal authority requirements in accordance with the prevailing 40 CFR 403.8(f)(1) and the provisions of this article. Any powers granted to or duties imposed upon the Riverview Sanitary Authority may be delegated by the Authority to other Authority personnel.

(2)

The Riverview Sanitary Authority shall retain the authority to revise this document such that it is consistent with any and all regulatory mandated revisions. In the event language herein is in conflict with the aforementioned laws and regulations, the prevailing applicable laws and regulations shall apply.

(3)

The Riverview Sanitary Authority shall retain the authority to establish, implement, revise and enforce local limits as required by the local, state, and federal government entities as applicable.

Abbreviations.

(1)

The following abbreviations, when used in this article, shall have the designated meanings:

	BOD	Biochemical oxygen demand
	BMP	Best management practices
	BMR	Baseline monitoring report
	CFR	Code of Federal Regulations
	EPA	U.S. Environmental Protection Agency
	gpd	Gallons per day
	IU	Industrial user
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	POTW	Publicly owned treatment works
	RCRA	Resource Conservation and Recovery Act
	RSA	Riverview Sanitary Authority
	SIC	Standard Industrial Classification
	SIU	Significant Industrial User
	TDS	Total Dissolved Solids
	TSS	Total Suspended Solids
	U.S.C	United States Code

Definitions.

(1)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, 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.

AUTHORITY

The Riverview Sanitary Authority formed under and abiding by all terms of the Pennsylvania Municipal Authorities Act of 1945 as amended and prevailing.

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 decision making functions for the corporation; or

[2]

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for 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 another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Riverview Sanitary Authority.

BEST MANAGEMENT PRACTICES or BMPs

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

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).

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commence prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

GRAB SAMPLE

A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source, such as an industrial or commercial facility, regulated under Section 307(b), (c), or (d) of the Act.

INDUSTRIAL USER

A source of indirect discharge.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE 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 which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore is a cause of a violation the RSA 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; and the Marine Protection, Research, and Sanctuaries Act.

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.

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 which 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; or

[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 of wastewater generating processes of the building, structure, facility, or installation is 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 subsection has commenced if the owner or operator has:

[1]

Begun, or caused to begin, as part of a continuous on-site construction program;

[a]

Any placement, assembly, or installation of facilities or equipment; or

[b]

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 is 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.

NONCONTACT COOLING WATER

Water used for cooling which 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 violation of any requirements of RSA NPDES permit, including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, 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 government entities.

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.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 218-51A of this article.

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 by RSA. 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.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SIGNIFICANT INDUSTRIAL USER

(a)

A user subject to categorical pretreatment standards; or

(b)

A 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 waste stream 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 RSA on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(c)

Upon finding that a user meeting the criteria in Subsection (b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, RSA may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

SLUG LOAD or SLUG

Any discharge of a nonroutine episodic nature or a flow-rate or concentration which has reasonable potential to cause interference, pass through, or other violation of the POTW's ordinances, local limits or permit conditions.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STORMWATER

Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

USER

Any individual, group, company or corporation authorized to discharge wastewater into the RSA POTW.

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.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

§ 218-51 General sewer use requirements.

Prohibited discharge standards. General prohibitions: No person, user, customer shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference with the RSA treatment process. This applies to all users of the RSA POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standard, limitation or requirement. Furthermore, no person, user or customer may contribute any of the following substances or wastewaters into the POTW:

(1)

Any pollutant which is classified as a hazardous waste as listed in 40 CFR Part 261.

(2)

Any pollutant which either by itself or when mixed with any other substance creates a fire or explosive hazard to the RSA collection system or the RSA POTW including, but not limited to, wastewater with a closed-cup flashpoint of less than 140° F. (60° C.) using test methods specified in 40 CFR 261.21.

(3)

Any wastewater having a pH less than 5.0 or greater than 12.5 or otherwise causing corrosive structural damage to the RSA collection system or RSA POTW, or damaging equipment, or endangering RSA personnel.

(4)

Any solids or viscous substance in amounts which will cause an obstruction to the flow either into the POTW or within the POTW resulting in process interference.

(5)

Any pollutant, including oxygen demanding pollutants (BOD₅) discharged into the POTW at a flow rate and/or pollutants concentration which will cause pass-through or interference at the POTW or endanger RSA personnel.

(6)

Any wastewater having a temperature greater than 150° F. (65.5° C.) or which will inhibit biological activity in the POTW treatment process resulting in interference, but in no case wastewater which causes the temperature of the influent wastewater at the point of introduction into the POTW process to exceed 104° F. (40° C.).

(7)

Any petroleum oil, nonbiodegradable cutting oil or products of mineral oil in amounts that will cause pass through or interference.

(8)

Any pollutant which either by itself or as a result of mixing with other pollutants results in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems or endanger RSA personnel in any manner.

(9)

Any trucked or hauled-in pollutants which may be introduced into the POTW, except those specifically authorized and permitted for discharge at specific discharge points designated by the POTW.

(10)

Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance, a hazard to life or are sufficient to prevent the entry of personnel into the sanitary sewer system for maintenance and repair.

(11)

Any wastewater which imparts color which cannot be removed by the POTW treatment process including, but not limited to, dye wastes or vegetable tanning solutions.

(12)

Any pollutant which causes the POTW to violate any condition or limitation in the NPDES permit, water quality management Part 1 or Part 2 permit, solids disposal permit or which causes a failure of the POTW whole effluent toxicity test.

(13)

Any pollutant at a concentration that would cause the POTW effluent or any other product of the POTW such as residues, sludges or scums to be unsuitable for reclamation and reuse. In no case shall any substance or wastewater discharged to the POTW cause the POTW to be in noncompliance with the sludge use or sludge disposal requirements or cause the sludge to be classified as a hazardous waste.

(14)

Any wastewater containing any radioactive wastes or isotopes that exceed limits established by RSA, PADEP or USEPA.

(15)

Any wastewater which causes a hazard to human life, including any pathogenic or infectious substance which would be harmful to RSA personnel as a result of exposure.

(16)

Any sludges, screenings or residues from any industrial pretreatment activities or any chemical, medical or therapeutic wastes unless specifically authorized by RSA.

(17)

Any wastewater containing detergents, surfactants or other substances that would cause excessive foaming when introduced into the POTW.

(18)

Any wastewater classified as a high TDS wastewater from oil-natural gas drilling, exploration or hydraulic fracturing activity.

(19)

Any wastewater which has total dissolved solids greater than 500 mg/L, total chlorides greater than 150 mg/L, total sulfates greater than 150 mg/L.

National categorical pretreatment standards.

(1)

As applicable, the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated.

(a)

Where a categorical pretreatment standard is expressed only in terms of mass of pollutant per unit of production, RSA may impose equivalent concentration or mass limits.

(b)

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, RSA shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

(c)

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(d)

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

State pretreatment standards. (Reserved)

Local limits.

(1)

RSA may establish local limits regulating the discharge of specific pollutants by industrial users.

(2)

Discharging any pollutant in excess of a local limit or an industrial user's permit shall constitute a violation of this article.

RSA's right of revision.

(1)

RSA reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

Dilution.

(1)

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. RSA 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 limitation is appropriate.

§ 218-52 Pretreatment of wastewater.

Pretreatment facilities.

(1)

Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 218-51A of this article within the time limitations specified by EPA, the state, or RSA, 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 RSA for review, and shall be acceptable to RSA 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 RSA under the provision of this article.

Additional pretreatment measures.

(1)

Whenever deemed necessary, RSA may require users to restrict their discharge 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 article.

(2)

RSA may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable flow-measurement and monitoring equipment.

(3)

RSA may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(4)

Grease, oil and sand interceptors shall be provided when, in the opinion of RSA, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by RSA and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

(5)

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(6)

Whenever deemed necessary, RSA may require any industrial user to install, maintain and perform any and all best management practices as applicable in accordance with best management practices as specified by the EPA, the state, or RSA, whichever is most stringent.

Accidental discharge/slug control plans.

(1)

At least once every two years, RSA may evaluate whether each significant industrial user needs an accidental discharge/slug control plan, RSA may require any user to develop, submit for approval and implement such a plan. Alternatively, RSA may develop such a plan for any user. The RSA shall have the authority to conduct on-site inspections of significant industrial user facilities to ensure measures taken by the significant industrial user are consistent with the submitted slug control plan. Such inspections shall be performed, at a minimum, within one year of the user being identified as significant. An accidental discharge/slug control plan shall address, at a minimum, the following:

(a)

Description of discharge practices, including nonroutine batch discharges;

(b)

Description of stored chemicals;

(c)

Procedures for immediately notifying RSA of any accidental or slug discharge, as required by § 218-55F of this article; 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.

Hauled wastewater.

(1)

Septic tank waste or municipal digested sewage sludge may be introduced into the POTW only at locations designated by RSA, and at such times as are established by RSA. Such waste shall not violate § 218-51 of this article or any other requirements established by RSA. RSA may require waste haulers to obtain wastewater discharge permits.

(2)

RSA may require haulers of industrial waste to obtain wastewater discharge permits. RSA may require generators of hauled industrial waste to obtain wastewater discharge permits. RSA also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article.

(3)

Industrial waste haulers may discharge loads only at locations designated by RSA. No load shall be discharged without prior consent of RSA. RSA may collect samples of each hauled load to ensure compliance with applicable standards. RSA may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(4)

Industrial waste haulers shall 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.

§ 218-53 Wastewater discharge permit application.

Wastewater analysis.

(1)

When requested by RSA, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. RSA is authorized to prepare a form for this purpose and may periodically require users to update this information.

Wastewater discharge permit requirement.

(1)

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from RSA, except that a significant industrial user that has filed a timely application pursuant to § 218-53C of this article may continue to discharge for the time period specified therein.

(2)

RSA may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

(3)

Any violation of the terms and conditions of a wastewater discharge permit may be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 218-59 through 218-61 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

Wastewater discharge permitting: existing connections.

(1)

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 60 days after said date, apply to RSA for a wastewater discharge permit in accordance with § 218-53E of this article, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this article except in accordance with a wastewater discharge permit issued by RSA.

Wastewater discharge permitting: new connections.

(1)

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 218-53E of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

Wastewater discharge permit application contents.

(1)

All users required to obtain a wastewater discharge permit must submit a permit application. RSA may require all users to submit as part of an application the following information:

(a)

All information required by § 218-55A(2) of this article;

(b)

Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(c)

Number and type of employees, hours of operation, and proposed or actual hours of operation;

(d)

Each product produced by type, amount, process or processes, and rate of production;

(e)

Type and amount of raw materials processed (average and maximum per day);

(f)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(g)

Time and duration of discharges; and

(h)

Any other information as may be deemed necessary by RSA to evaluate the wastewater discharge permits application.

(2)

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application signatories and certification.

(1)

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Wastewater discharge permit decisions.

(1)

Upon evaluation of the data furnished by the user, RSA may require additional information. RSA shall approve or deny a wastewater discharge permit within 90 days of receipt of a completed wastewater discharge application. Failure to approve or deny a wastewater discharge application within 90 days shall be deemed an approval.

(2)

In the event RSA denies a wastewater discharge application, RSA shall notify the applicant, in writing, identifying the reasons for the denial.

(3)

Applicant shall have the right to appeal; see § 218-54C.

§ 218-54 Wastewater discharge permit issuance process.

Wastewater discharge permit duration.

(1)

A wastewater discharge permit shall be issued for a specified time period, not to exceed five years, at the discretion of RSA. Each wastewater discharge permit will indicate a specific date upon which it will expire.

Wastewater discharge permit contents.

(1)

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by RSA 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.

(2)

Wastewater discharge permits must contain:

(a)

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

(b)

A statement that the wastewater discharge permit is nontransferable without prior notification to RSA in accordance with § 218-54E of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(c)

Effluent limits based on applicable pretreatment standards;

(d)

Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and

(e)

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.

(f)

Provisions to re-open the permit as applicable to revise any and all terms, requirements or provisions of the permit as necessary when deemed mandated by changes of the applicant's discharge activity or local, state or federal regulations.

(3)

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

(a)

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for slow regulation and equalization;

(b)

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;

(c)

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;

(d)

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(e)

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(f)

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(g)

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

(h)

Notification of facility changes that impact the potential for a slug discharge and other conditions as deemed appropriate by RSA to ensure compliance with this article and state and federal laws, rules, and regulations.

Wastewater discharge permit appeals.

(1)

Any person denied a wastewater discharge permit shall have the right to an appeal to the full RSA Board by requesting an appeal, in writing, to the Manager of the RSA within 30 days of the denial. Any request for reconsideration will not toll the thirty-day appeal time limit in § 218-54C(1).

(2)

RSA shall issue industrial wastewater discharge permits. Any person, including the user, may petition RSA to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.

(3)

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(4)

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(5)

The effectiveness of the wastewater discharge permit may be challenged pending the appeal by approval of the RSA Board.

(6)

If RSA fails to act upon a request for reconsideration or appeal within 90 days, the request shall be deemed to be denied.

(7)

The decision of the RSA Board shall be final for the purpose of judicial review.

Wastewater discharge permit modification.

(1)

RSA may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a)

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(b)

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

(c)

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(d)

Information indicating that the permitted discharge poses a threat to RSA's POTW, RSA personnel, or the receiving waters;

(e)

Violation of any terms or conditions of the wastewater discharge permit;

(f)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or any required reporting;

(g)

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(h)

To correct typographical or other errors in the wastewater discharge permit; or

(i)

To reflect a transfer of the facility ownership or operation to a new owner or operator.

Wastewater discharge permit transfer.

(1)

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to RSA and RSA approves the wastewater discharge permit transfer. The notice to RSA must include a written certification by the new owner or operator which:

(a)

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(b)

Identifies the specific date on which the transfer is to occur; and

(c)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(2)

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer unless transferred in accordance with § 218-54E(1).

Wastewater discharge permit revocation.

(1)

RSA may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a)

Failure to notify RSA of significant changes to the wastewater prior to the changed discharge;

(b)

Failure to provide prior notification to RSA of changed conditions pursuant to § 218-55E of this article;

(c)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(d)

Falsifying self-monitoring reports;

(e)

Tampering with monitoring equipment;

(f)

Refusing to allow RSA 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 article.

(2)

Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user unless transferred in accordance with § 218-54E(1).

Wastewater discharge permit reissuance.

(1)

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 218-53E of this article, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.

§ 218-55 Reporting requirements.

Baseline monitoring reports.

(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 users currently discharging to or scheduled to discharge to the POTW shall submit to RSA a report which contains the information listed in Subsection A(2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical user subsequent to the promulgation of an applicable categorical standard, shall submit to RSA a report which contains the information listed in Subsection A(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.

(a)

Identifying information: The name and address of the facility, including the name of the operator and owner.

(b)

Environmental permits: A list of any environmental control permits held by or for the facility.

(c)

Description of operations: A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(d)

Flow measurement: Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

(e)

Measurement of pollutants:

[1]

The categorical pretreatment standards applicable to each regulated process as well as documentation required by the standard or the Authority demonstrating compliance with best management practices for any pretreatment practices.

[2]

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by RSA, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 6.10 of this article.

[3]

Sampling must be performed in accordance with procedures set out in Section 6.11 of this article.

(f)

Certification: A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(g)

Compliance schedule: If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 218-55B of this article.

(h)

Signature and certification: All baseline monitoring reports must be signed and certified in accordance with § 218-53F of this article.

Reports of changed conditions.

(1)

Each user must notify RSA of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change. This also includes any existing controls that can impact the potential for a slug discharge.

(a)

RSA 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 § 218-53E of this article.

(b)

RSA may issue a wastewater discharge permit under § 218-53G of this article or modify an existing wastewater discharge permit under § 218-53E of this article in response to changed conditions or anticipated changed conditions.

(c)

For purposes of this requirement, significant changes include, but are not limited to, slow increases of 20% or greater, and the discharge of any previously unreported pollutants.

Reports of potential problems.

(1)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of nonroutine, episodic nature, a noncustomary batch discharge, slug load, or any facility changes that may cause potential problems for the POTW, the user shall immediately telephone and notify RSA 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 RSA, 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 may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.

(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 C(1), above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

Notice of violation/repeat sampling and reporting.

(1)

If sampling performed by an industrial user indicates a violation, the user must notify RSA 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 RSA within 30 days after becoming aware of the violation. The user is not required to resample if RSA monitors at the user's facility at least once a month, or if RSA samples between user's initial sampling and when the user receives the results of this sampling.

Notification of the discharge of hazardous waste.

(1)

Any user who commences the discharge of hazardous waste shall notify the POTW 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 notifications under this subsection need to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 218-55E of this article. 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 § 218-55A, C and D of this article.

(2)

Discharges are exempt from the requirements of Subsection E(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 nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(3)

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics hazardous waste or listing any additional substance as a hazardous waste, the user must notify RSA 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 article, a permit issued thereunder, or any applicable federal or state law.

Analytical requirements.

(1)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

Timing.

(1)

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.

§ 218-56 Compliance monitoring.

Right of entry: inspection and sampling.

(1)

RSA shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. User shall allow RSA 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, RSA will be permitted to enter without delay for the purposes of performing specific responsibilities.

(b)

RSA shall have the right to set up on the user's property, or require installations of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(c)

RSA may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.

(d)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of RSA and shall not be replaced. The costs of clearing such access shall be borne by the user.

(e)

Unreasonable delays in allowing RSA access to the user's premises shall be a violation of this article.

§ 218-57 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from RSA's inspection and sampling activities, shall be available to the public without restriction.

§ 218-58 Publication of users in significant noncompliance.

(Reserved)

§ 218-59 Administrative enforcement remedies.

Notification of violation.

(1)

When RSA finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, RSA may serve upon that user a written notice of violation. Within five days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to RSA. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of RSA to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent order.

(1)

RSA may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 218-59D and E of this article and shall be judicially enforceable.

Show cause hearing.

(1)

RSA may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before RSA and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show-cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance orders.

(1)

When RSA finds that user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, RSA may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the industrial user does not come into compliance within the time provided, sewer service could 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.

Cease-and-desist orders.

(1)

When RSA finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, RSA 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 preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(2)

Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative fines.

(1)

(2)

Users desiring to dispute such fines must file a written appeal before the full RSA Board along with full payment of the fine amount within 30 days of being notified of the fine. The Board shall 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. RSA may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(3)

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency suspensions.

(1)

RSA 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 danger to the health or welfare of persons. RSA 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, a danger 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 with the suspension order, RSA 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. RSA may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of RSA that the period of endangerment has passed, unless the termination proceedings in § 218-59H of this article are initiated against the user.

(b)

A user that is responsible, in whole or in part, for any discharge presenting an imminent danger shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to RSA prior to the date of any show cause or termination hearing under § 218-59C or H of this article.

(2)

In the event of an emergency suspension, the permittee shall have the right to a hearing before the whole RSA Board within seven days.

Termination of discharge.

(1)

In addition to the provisions in § 218-54F of this article, any user who violated the following conditions is subject to discharge terminations:

(a)

Violation of wastewater discharge permits 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

(e)

Violation of the pretreatment standards in § 218-51 of this article.

(2)

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 218-59C of this article why the proposed action should not be taken. Exercise of this option by RSA shall not be a bar to, or a prerequisite for, taking any other action against the user.

§ 218-60 Judicial enforcement remedies.

Injunctive relief.

(1)

When RSA finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, RSA may petition the Court of Common Pleas of Allegheny County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. RSA 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 the user.

Criminal penalties.

(1)

Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or pretreatment permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall upon conviction be punished by a fine of not more than $1,000 or by imprisonment for not more than 30 days, or both.

(2)

Each occurrence shall be a separate offense. This section shall not preclude prosecution under the Pennsylvania Crimes Code.

Remedies nonexclusive.

(1)

The remedies provided for in this article are not exclusive. RSA may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with RSA's enforcement response plan. However, RSA may take other action against any user when the circumstances warrant. Further, RSA is empowered to take more than one enforcement action against any noncompliant user.

§ 218-61 Supplemental enforcement action.

(Reserved)

§ 218-62 Affirmative defenses to discharge violations.

Bypass.

(1)

For the purpose of this section:

BYPASS

The intentional diversion of waste streams from any portion of a user's treatment facility.

SEVERE PROPERTY DAMAGE

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.

(2)

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 A(2) and (3) of this section.

(3)

Prior notice.

(a)

If a user knows in advance of the need for a bypass, it shall submit prior notice to RSA, at least 10 days before the date of the bypass, if possible.

(b)

A user shall submit oral notice to RSA 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. RSA may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(4)

Conditions for bypass.

(a)

Bypass is prohibited, and RSA may take enforcement action against the user for a bypass unless:

[1]

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

[2]

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 back-up 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 preventative maintenance; and

[3]

The user submitted notices as required under Subsection A(3) of this section.

(b)

RSA may approve an anticipated bypass, after considering its adverse effects, if RSA determines that it will meet the three conditions listed in Subsection A(4)(a) of this section.

§ 218-63 Wastewater treatment rates.

(Reserved)

§ 218-64 Miscellaneous provisions.

Pretreatment charges and fees.

(1)

RSA may adopt reasonable fees for reimbursement of costs of setting up and operating RSA's pretreatment program which may include:

(a)

Fees for wastewater discharge permit application including the cost of processing such applications;

(b)

Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

(c)

Costs for reviewing and responding to accidental discharge procedures and construction;

(d)

Costs for filing appeals; and

(e)

Other fees and costs as RSA may deem necessary to carry out the requirements contained herein. These relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the federal or state governmental agencies.

Severability.

(1)

If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect.

Repealer.

(1)

Any section found to be in conflict with the provisions of this article are hereby repealed to the extent that they are inconsistent with this article.