[Added 3-26-1985 by Ord.
No. 1074[1]]
[1]
Editor's Note: This ordinance also repealed original
Arts. XI, Definitions, and XII, Admission of Industrial Wastes to
Public Sanitary Sewerage System.
For the purpose of this Part 2, the following terms shall have
the meanings hereinafter designated:
Any inhibition or disruption of the AVJSA facilities, its treatment processes or operations,
its sludge processes, use or disposal, or of any sewer, pipe or other
conveyance located in the municipality and transmitting substances
into the AVJSA facilities, which is a cause of and significantly contributes
to either a violation of any requirement of AVJSA's National
Pollution Discharge Elimination System permit (hereinafter called
"NPDES permit"), including an increase in the magnitude or duration
of a violation or to the prevention of sewage sludge use or disposal
by AVJSA in accordance with the following statutory provisions and
rules, regulations or permits issued thereunder: Pennsylvania Sewage
Facilities Act (35 P.S. § 750.1 et seq.), Pennsylvania Clean
Streams Act (35 P.S. § 691.1 et seq.), Pennsylvania Solid
Waste Management Act (35 P.S. § 6018.101 et seq.), Federal
Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.),
including Title 11, more commonly referred to as the "Resource Conservation
and Recovery Act," and including all Commonwealth of Pennsylvania
statutes and Pennsylvania Department of Environmental Protection regulations
prepared pursuant to Subtitle D of the Solid Waste Disposal Act, the
Clean Air Act (42 U.S.C. § 7401 et seq.), and the Toxic
Substances Control Act (15 U.S.C. § 2601 et seq.), County
of Allegheny Health Code and the Pollution Control Standards of the
Ohio River Valley Water Sanitation Commission. (All such statutory
provisions, rules, regulations or permits are hereinafter collectively
called "laws".) A user significantly contributes to such a permit
violation or prevention or sludge use or disposal in accordance with
the above-cited laws whenever such user:
Discharges daily pollutant loading in excess of that allowed
by permit or by contract with AVJSA or by federal, Commonwealth of
Pennsylvania, County of Allegheny, AVJSA or the municipality laws,
ordinances, rules or regulations;
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge; or
Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in violation
of AVJSA's NPDES permit or prevent sewage sludge use or disposal
in accordance with the above-cited laws as they apply to AVJSA's
selected method of sludge management.
Any discharge of pollutant through the facilities of AVJSA
into navigable waters or any stream in the Commonwealth of Pennsylvania
in quantities or concentrations which are a cause of and significantly
contribute to a violation of any requirement of AVJSA's NPDES
permit (including an increase in the magnitude or duration of a violation).
A user significantly contributes to such a permit violation where
it:
Discharges a daily pollutant loading in excess of that allowed
by permit or by contract with AVJSA or by federal, Commonwealth of
Pennsylvania, County of Allegheny, AVJSA or the municipality laws,
ordinances, rules or regulations;
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge;
Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in a
permit violation; or
Knows or has reason to know that AVJSA is, for any reason, violating
its final effluent limitations in its permit and that such user's
discharge, either alone or in conjunction with discharges from other
sources, increases the magnitude or duration of AVJSA's violations.
No person, firm, association or corporation shall introduce
or cause to be introduced, directly or indirectly into the facilities
of AVJSA or into any sewer, pipe or other conveyance located in the
municipality and transmitting substances into the facilities of AVJSA,
any toxic substance, pollutant or other wastewater which will cause
interference with the operation or performance of AVJSA's treatment
plant or other facilities or pass through AVJSA's treatment plant
or other facilities.
No person, firm, association or corporation shall introduce,
permit or cause to be introduced, directly or indirectly, into the
facilities of AVJSA or into any sewer, pipe or other conveyance located
in the municipality and transmitting substances into the facilities
of AVJSA any of the following:
A.
Any pollutant or wastewater which will interfere with or substantially
adversely affect the operation or performance of the AVJSA treatment
plant, or pass through said plant into navigable waters or streams
of the Commonwealth of Pennsylvania in quantities or concentrations
which are a cause of and significantly contribute to a violation of
any requirement of the above-cited laws or the AVJSA NPDES permit,
or adversely affect the use or disposal of AVJSA sludge or other residues.
B.
Any substance which will endanger the life, health or safety of the
treatment plant, sewer maintenance and plant operations personnel
or which would preclude safe entry into the sewer system or any portion
of the treatment plant.
C.
Any ignitable, reactive, explosive or corrosive waste.
D.
All wastes that are defined or listed as "hazardous" under the regulations
enacted by agencies of the federal government or the Commonwealth
of Pennsylvania.
E.
Any wastewater with a temperature great enough to inhibit biological
activity in the AVJSA treatment plant.
F.
Any waste which exceeds the naturally occurring background levels
for either alpha, beta or gamma radiation and/or any wastewater containing
any radioactive wastes or isotopes of such half-life or concentration
not in compliance with applicable state or federal regulations.
G.
Any solids or viscous substances capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of AVJSA's facilities or facilities discharging into the AVJSA
system.
H.
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, may create a public nuisance
or adversely affect public health or safety.
I.
Pathological wastes from a hospital or other medical establishment.
J.
Garbage, whether ground or not, except properly shredded food waste
garbage resulting from the proper use of a garbage grinder or disposer
of a type approved by AVJSA and maintained in good operating condition.
K.
Sludges or other materials from septic tanks or similar facilities
or from sewage or industrial waste treatment plants or from water
treatment plants, unless the discharge of such sludges and other materials
is specifically approved by AVJSA.
L.
Any substance which violates discharge regulations as established
by authorized agencies of the federal government, the Commonwealth
of Pennsylvania, the Ohio River Valley Water Sanitation Commission,
Allegheny County or AVJSA.
M.
Wastewater containing in excess of:
|
Parameter
|
Limit
|
|---|---|
|
pH
|
6.0 to 9.0
|
|
Temperature
|
40° F. to 150° F.
|
|
BODs
|
500 mg/l
|
|
Suspended solids
|
500 mg/l
|
|
Fats, wax, grease or oils
|
100 mg/l
|
|
Phenolics
|
0.1 mg/l
|
|
Sodium chloride
|
10,000 mg/l
|
|
Sodium sulfate
|
500 mg/l
|
|
Chromium (total)
|
5.0 mg/l
|
|
Chromium (trivalent)
|
1.0 mg/l
|
|
Chromium (hexavalent)
|
2.0 mg/l
|
|
Copper
|
0.8 mg/l
|
|
Zinc
|
0.5 mg/l
|
|
Nickel
|
1.0 mg/l
|
|
Cadmium
|
1.0 mg/l
|
|
Arsenic
|
0.1 mg/l
|
|
Iron
|
500 mg/l
|
|
Cyanide
|
2.0 mg/l
|
|
Barium
|
1.0 mg/l
|
|
Lead
|
1.0 mg/l
|
|
Manganese
|
1.0 mg/l
|
|
Silver
|
0.03 mg/l
|
|
Boron
|
1.0 mg/l
|
|
Mercury
|
0.10 mg/l
|
|
Selenium
|
0.05 mg/l
|
|
Vanadium
|
10.0 mg/l
|
|
Total identifiable chlorinated hydrocarbons
|
0.1 mg/l
|
|
Color shall not exceed 15 color units
| |
|
Turbidity shall not exceed 5 turbidity units
| |
No person, firm, association or corporation shall introduce
or cause to be introduced, directly or indirectly, into the facilities
of AVJSA or into any sewer, pipe, or other conveyance located in the
municipality and transmitting substances into the facilities of the
AVJSA any toxic substance, pollutant or other wastewater, in violation
of a National Categorical or General Pretreatment Standard promulgated
by the United States Environmental Protection Agency pursuant to Sections
307(b) and (c) of the Federal Water Pollution Control Act [33 U.S.C. § 1317(b)
and (c)].
No person, firm, association or corporation shall take any action
or do or cause to be done any thing in violation of any provision
of the Federal Water Pollution Control Act[1] or of any regulation promulgated by the United States
Environmental Protection Agency pursuant thereto.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
No person, firm, association or corporation shall take any action
or do or cause to be done anything in violation of any rule or regulation
of AVJSA or of laws, ordinances, rules or regulations of the Commonwealth
of Pennsylvania, the County of Allegheny, the Ohio River Valley Water
Sanitation Commission or the municipality pertaining to sewage discharge,
introduction or treatment.
A significant industrial user (hereinafter "SIU") is defined
as:
A.
Any industrial user of the AVJSA wastewater disposal system who has
a discharge flow of 10,000 gallons or more per average work day, or
has a flow greater than 1% of the flow in the AVJSA's wastewater
treatment system, or has in its wastes toxic pollutants as defined
pursuant to statutes and rules or is found by the Commonwealth of
Pennsylvania Department of Environmental Protection or the United
States Environmental Protection Agency (EPA) to have significant impact,
either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the system's
effluent quality, or air emissions generated by the system.
B.
Any user bearing a code number set forth on pages D-9 through D-13
(inclusive) of the Guidance Manual for POTW Pretreatment Program Development
as published by the United States Environmental Protection Agency,
Office of Water Enforcement and Permits, October 1983. A copy of pages
D-9 through D-13 is attached to this Part 2 as Appendix I and made
a part of this Part 2.[1]
[1]
Editor's Note: Appendix I is on file in the Borough offices.
The municipality hereby appoints the AVJSA and its duly appointed
officers, employees and agents as enforcement officers empowered to
act on behalf of the municipality in the administration and enforcement
of this Part 2, including the authority to conduct investigations
concerning wastewater disposal, issue citations against any person,
firm, association or corporation violating the provisions of this
Part 2 and to enter into agreements with any SIU to effectuate the
intent and purposes of this Part 2.
All SIU proposing to connect to or contribute to the AVJSA plant
shall enter into a wastewater discharge service agreement with AVJSA
before connecting to or contributing to the plant. All existing SIU
connected or contributing to the plant shall obtain a wastewater discharge
service agreement within 180 days after the effective date of this
Part 2.
A.
Significant industrial users required to obtain a wastewater discharge
service agreement shall complete and file with AVJSA an application
in the form prescribed by AVJSA and accompanied by a filing fee to
AVJSA not to exceed $250. In addition, the SIU filing for a permit
will be required to reimburse AVJSA a predetermined, lump-sum payment
to cover the anticipated costs for all engineering, legal, and other
expenses relative to the review of the permit and, provided the permit
is approved, the development of a formal service agreement. Existing
SIU shall apply for a wastewater discharge service agreement within
30 days after written notice from AVJSA to do so, and proposed new
users shall apply at least 90 days prior to connecting to or contributing
to the plant. In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the address);
(2)
SIC number according to the Standard Industrial Classification Manual,
Office of Management and Budget, 1972, as amended;
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in § 371-45 of this Part 2, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended;
(4)
Time and duration of contribution;
(5)
Average daily and three-minute-peak wastewater flow rates, including
daily, monthly and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation;
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged;
(8)
Each product produced by type, amount, process or processes and rate
of production;
(9)
Type and amount of raw materials processed (average and maximum per
day);
(10)
Number and type of employees, and hours of operation of plant
and proposed or actual hours of operation of pretreatment system;
(11)
Any other information as may be deemed by AVJSA to be necessary
to evaluate the permit application;
(12)
Construction documents and/or operational procedures for any
collection, conveyance, treatment, monitoring, or other appurtenance,
either existing or proposed, for which the permit application is being
filed.
B.
Allegheny Valley Joint Sewage Authority will evaluate the data furnished
by the SIU and may require additional information. After evaluation
and acceptance of the data furnished, AVJSA may issue a wastewater
discharge service agreement for execution, subject to terms and conditions
provided herein.
Wastewater discharge service agreements shall be expressly subject
to all provisions of this Part 2 and all other applicable regulations,
user charges and fees established by the municipality or AVJSA. Service
agreements may contain the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
B.
Limits on the average and maximum wastewater constituents and characteristics;
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
D.
Requirements for installation and maintenance of inspection and sampling
facilities;
E.
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types, and standards for
tests and reporting schedules;
F.
Compliance schedules;
G.
Requirements for submission of technical reports or discharge reports;
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the AVJSA, and affording AVJSA
access thereto;
I.
Requirements for notification of the AVJSA of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system;
J.
Requirements for notification of sludge discharges;
K.
Pretreatment of proposed discharges to AVJSA plant;
L.
Other conditions as deemed appropriate by the AVJSA to ensure compliance
with this Part 2.
A service agreement shall be issued for a specified time period, not to exceed five years. A service agreement may be issued for a period less than a year or may be stated to expire on a specific date. Significant industrial users shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the AVJSA during the term of the permit as limitations or requirements as identified in § 371-45 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Wastewater discharge service agreements are issued to a specific
user for a specific operation. A wastewater discharge service agreement
shall not be reassigned or transferred or sold to a new owner, new
SIU, different premises, or a new or changed operation without the
approval of AVJSA. Any succeeding owner or user shall also comply
with the terms and conditions of the existing service agreement.
A.
When found appropriate by the engineer for AVJSA, AVJSA may require
to be provided and operated at the SIU's expense monitoring facilities
to allow inspection, sampling, and flow measurement of the building
sewer and/or internal drainage systems. The monitoring facility should
normally be situated on the user's premises, but the AVJSA may,
when such a location would be impractical or cause undue hardship
on the user, allow the facility to be constructed in the public street
or sidewalk area and located so that it will not be obstructed by
landscaping or parked vehicles.
B.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with AVJSA's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by AVJSA.
C.
Allegheny Valley Joint Sewage Authority may inspect the facilities
of any user to ascertain whether the purpose of this Part 2 is being
met and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
AVJSA or its representative ready access at all reasonable times to
all parts of the premises for the purposes of inspection, sampling,
records examination or in the performance of any of their duties.
Allegheny Valley Joint Sewage Authority shall have the right to set
up on the user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or metering operations.
Where an SIU has security measures in force which would require proper
identification and clearance before entry into his or her premises,
the user shall make necessary arrangements with his or her security
guards so that, upon presentation of suitable identification, personnel
from AVJSA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
A.
Allegheny Valley Joint Sewage Authority and/or the municipality may
suspend the wastewater treatment service and/or a wastewater discharge
service agreement when such suspension is necessary, in the opinion
of AVJSA, in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons, to the environment, causes interference
to the plant or causes AVJSA to violate any condition of its NPDES
permit.
B.
Any person, firm, association or corporation notified of a suspension
of the wastewater treatment service and/or the wastewater contribution
shall immediately stop or eliminate the contribution. In the event
of a failure of the person to comply voluntarily with the suspension
order, the AVJSA and/or the municipality may take such steps as deemed
necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the plant system or endangerment
to any individuals. Allegheny Valley Joint Sewage Authority and/or
the municipality shall reinstate the wastewater discharge service
agreement and/or the wastewater treatment service upon proof of the
elimination of the noncomplying discharge. A detailed written statement
submitted by the SIU describing the causes of the harmful contribution
and the measures taken to prevent any future occurrence shall be submitted
to the AVJSA within 15 days of the date of occurrence.
Any SIU who violates the following conditions of this Part 2,
or applicable state and federal regulations, is subject to having
his service agreement revoked.
A.
Failure of the user to factually report the wastewater constituents
and characteristics of his discharge;
B.
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
D.
Violation of conditions of the permit.
Any person, firm, association or corporation violating any provision
of this Part 2 shall, upon conviction, be punished by a fine not to
exceed the sum of $300 for each offense, recoverable with costs, and,
in default of payment of the fine and costs, shall be subject to imprisonment
in the Allegheny County Jail for a period not exceeding 30 days. Each
day that a violation is continued shall constitute a separate offense.
In the case of firms or associations, the penalty may be imposed upon
the partners or members thereof, and in the case of corporations,
upon the officers thereof.
