[Ord. 00042, 6/9/2008, § 301]
1.
Purpose and Policy.
A.
These regulations set forth uniform requirements for direct and indirect
contributors into the wastewater collection system, and the wastewater
treatment facilities known as Plant No. 1 operated respectively by
the Borough of Akron and the Borough of Ephrata (collectively the
"facilities") and these provisions assist both Boroughs in complying
with all applicable state and federal laws including but not limited
to the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.,)
and the Federal General Pretreatment Regulation (40 CFR 403). The
objectives of these provision are:
(1)
To prevent the introduction of pollutants into the facilities
which will interfere with the operation of the facilities or contaminate
the resulting biosolids.
(2)
To prevent the introduction of pollutants into the facilities
that will pass through the facilities, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with
the facilities.
(3)
To help protect personnel who work at the facilities and to
help protect the public from unnecessary biological or chemical hazards.
(4)
To improve the opportunity to recycle and reclaim wastewater
and biosolids from the facilities.
(5)
To provide for fees for equitable distribution of the cost of
operation of the facilities.
(6)
To enable the Borough of Ephrata to comply with its National
Pollution Discharge Elimination System Permit condition, biosolids
use and disposal requirements, and for the Borough of Ephrata and
the Borough of Akron to comply with any other federal or state laws
to which the facilities are subject.
(7)
To provide a database for future facilities designs and operation
work.
B.
These regulations define certain terms and provide for the regulation
of direct and indirect contributors to the facilities through the
issuance of permits to certain nondomestic users.
(1)
Through enforcement of general requirements for the other users.
(2)
Authorizes monitoring, inspection, and enforcement activities.
(3)
Requires user testing and reporting.
(4)
Provides for the setting of fees for the equitable distribution
of costs resulting from the treatment of nondomestic wastewater and
of the costs resulting from the program established herein.
C.
These regulations and fees shall apply to the users located in the
Borough of Akron or serviced by the Borough of Akron and to all users
who are, by contract or agreement, users of the facilities, whether
or not they are located in the Borough of Akron.
D.
These regulations establish fines and penalties for noncompliance
with the regulations and further establish additional provisions for
corrective action in cases of such noncompliance.
[Ord. 00042, 6/9/2008, § 302]
1.
ACT 537
ACT or THE ACT
ADMINISTRATOR
APPROVAL AUTHORITY
AUTHORITY
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL/COMMERCIAL USER
(1)
(2)
(3)
(4)
(5)
AVERAGE DAILY FLOW
BEST MANAGEMENT PRACTICES (BMPs)
BIOSOLIDS
BOD (BIOCHEMICAL OXYGEN DEMAND)
BOROUGH OF AKRON
BOROUGH OF EPHRATA
BOROUGHS OF AKRON OR EPHRATA
BYPASS
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COLLECTION SYSTEM
COMPOSITE WASTEWATER SAMPLE
CONTROL AGENCIES
COOLING WATER
DEP
DIRECT DISCHARGE
DISSOLVED SOLIDS
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
FACILITIES
GARBAGE
GRAB SAMPLE
GROUND WATER
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL PRETREATMENT PROGRAM
INDUSTRIAL USERS AND INDUSTRIAL/COMMERCIAL USERS
INDUSTRIAL WASTE/INDUSTRIAL WASTEWATER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
(1)
(2)
MANHOLE
mg/l
MGD
MUNICIPAL OWNER
MUNICIPALLY
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES
PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
a)
b)
c)
(2)
(3)
a)
b)
NEW USER
(1)
(2)
(3)
NONCONTACT COOLING WATER
OWNER
PASS THROUGH
PEAK FLOW
PERSON
pH
PLANT
PLANT NO. 1
POLLUTANT
POLLUTION
POTW
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS OR STANDARDS
PUBLICLY OWNED TREATMENT WORKS or POTW
REQUIREMENT(S)
SANITARY SEWER
SANITARY WASTEWATER
SEPTIC TANK WASTE
SEWAGE
SEWAGE SERVICE AGREEMENT (or the "AGREEMENT")
SEWER
SHALL
SIGNIFICANT INDUSTRIAL USER (S.I.U)
(1)
(2)
a)
b)
c)
d)
(3)
SIGNIFICANT NONCOMPLIANCE (SNC) FOR SIGNIFICANT INDUSTRIAL USERS
(SIUS)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUDGE
SLUG or SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STORMWATER
SUPERINTENDENT
TOTAL SOLIDS
TOTAL SUSPENDED SOLIDS (TSS)
TOXIC SUBSTANCES
(1)
(2)
UNAUTHORIZED WASTE
USER
WASTEWATER
WASTEWATER SYSTEM
WATERS OF THE COMMONWEALTH
(1)
(2)
(3)
Scope.
The following words, terms and phrases when used in these regulations
shall have the meaning described in this section, except where the
context specifically indicates otherwise:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, 35 P.S. § 750.1 et seq., as amended from time to time.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA.
The Akron Borough Authority, Lancaster County, Pennsylvania,
as well as the duly qualified and acting members of the Board thereof
or its authorized deputy, agent, delegates or representative.
An authorized representative of an industrial/commercial
user may be:
FOR A CORPORATIONA responsible corporate officer of the level of President, vice President, secretary or treasurer 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 ALTERNATIVELY, FOR A CORPORATIONThe manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
A general partner or proprietor of the industrial/commercial
user is a partnership or proprietorship, respectively.
FOR A FEDERAL, STATE, OR LOCAL GOVERNMENTA director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
A duly authorized representative of the individual designated
above if (a) the authorization is made in writing by the individual
or, (b) the authorization specifies either an individual or position
having responsibility for the overall operation of the facilities
from which the indirect discharge originates, such as the position
of plant manager, operator of a well, or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and (c) the written authorization
is submitted to the Borough of Akron and the Administrator.
A measurement of wastewater flow calculated by dividing the
total wastewater flow under consideration for the 30 days immediately
preceding the date of calculation by the number 30.
The schedules of activities, prohibitions of practice, maintenance
procedures and other management practices to implement the prohibitions
listed in this Part. 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 material storage.
Nutrient-rich organic material resulting from the reclamation
of wastewater.
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 in milligrams per
liter (m/l). The standard laboratory procedure shall be that found
in the latest E.P.A. approved edition of Standard Methods, published
by the American Public Health Association, et al.
The Borough of Akron, Lancaster County, Pennsylvania or its
authorized deputy, agent or representative.
The Borough of Ephrata, Lancaster County, Pennsylvania or
its authorized deputy, agent or representative.
Either or both of the Borough of Akron and/or the Borough
of Ephrata, as the case may be, as the provisions of these regulations
may be applicable under the circumstances.
The intentional diversion of waste streams from any portion
of an industrial/commercial user's treatment facility.
Any regulation containing pollutant discharge limits promulgated
by E.P.A. in accordance with §§ 307(b) and (c) of the
Act (33 U.S.C. § 1317) which apply to a specific category
of users and which appear in 40 CFR, Chapter I, Subchapter N, Parts
405-471.
All of the wastewater collection facilities constructed or
to be constructed which are owned or operated by the Borough of Akron,
which conveys wastewater toward the facilities including, but not
limited to, sewers, interceptors, force mains, metering devices, pumping
stations and other appurtenances.
A combination of individual samples of water or wastewater
collected at selected intervals, generally hourly for some specific
period, to minimize the effect of the variability of the individual
sample. Individual samples may have equal volume or may be roughly
proportioned to the flow at the time of sampling.
The DEP, EPA and any and all governmental agencies, including
the Boroughs of Akron and Ephrata and the Administrator, which have
a right to control treatment, transportation and disposal of wastewater.
The water discharged from any use such as air-conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat and/or antiscaling or fungicidal chemicals.
The Department of Environmental Protection of the Commonwealth
or any successor thereto.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth.
The anhydrous residues of the dissolved constituents in water
or wastewater as determined by the standard laboratory procedure set
forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
et al.
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commences prior to the publication by E.P.A. of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with § 307
of the Act.
Plant No. 1, and the collection system, collectively, together
with all capital additions.
The animal and vegetable solid waste resulting from the domestic
and commercial preparation, cooking and dispensing of food and from
handling, storage, and sale of produce.
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.
Water which is contained in or passing through the ground.
Any waste from tank trucks, pump trucks, holding tanks, septic
tanks, chemical toilets, campers, trailers or similar devices delivering
waste of a sanitary and/or domestic origin.
The introduction of pollutants into the POTW from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act.
A program administered by the owner of the POTW that meets
the criteria established in 40 CFR 403.8 and 403.9, and which has
been approved by a regional administrator or state director in accordance
with 40 CFR 403.11 and which has been approved by the Borough of Akron,
which approval shall not be unreasonably withheld by the Borough of
Akron.
A source engaged in commercial or industrial activities of
indirect discharge which does not constitute a "discharge of pollutants"
under regulations issued pursuant to § 402 of the Act, 33
U.S.C. § 1342.
Solid, liquid or gaseous substances, water borne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade, or business process or in the course of development,
recovering or processing of natural resources, but not sanitary wastewater.
Including any and all wastes, other than sanitary wastewater, discharged
from industrial establishments, certain commercial establishments,
including but not limited to hospitals and restaurants, and other
similar business or institutional activities, and additionally in
any other respects as such term is defined in the Pennsylvania Clean
Streams Law, Act of June 22, 1937, as amended, 35 P.S. § 691.1
et seq. (the "Clean Streams Law").
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the facilities,
including the POTW's, their treatment processes or operations, or
its biosolids processes, use or disposal; and therefore, is a cause
of:
A violation of any requirement of the NPDES permit (including
an increase in the magnitude or duration of a violation).
The prevention of biosolids use or disposal by the POTW in accordance
with § 405 of the Act, or any criteria, guidelines, or regulations
developed pursuant to the Solids Waste Disposal Act (SWDA) including
Title II, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), the Clean Air Act, the Toxic Substances Control
Act, the Marine Protection, Research and Sanctuaries Act, or more
stringent state criteria, including those contained in any state sludge
management plan prepared pursuant to Title IV (Subtitle D) of SWDA
applicable to the method of disposal or use employed by the POTW.
A structure leading from the surface of the ground to a sewer,
permitting access to the sewer.
Milligrams per liter.
A million gallons per day, based on average daily flow.
The municipality and/or municipal authority that owns any
portion of any collection system that may be used for the conveyance
of sanitary wastewater and/or industrial wastewater form a user.
Any County, county authority, municipal authority, city,
Borough, township, or school district. A general purpose unit of local
government.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act,
33 U.S.C. § 1317, which applies to a specific category of
industrial users and which appears in 40 CFR, Chapter I, Subchapter
N, 405-471. (Same as "categorical pretreatment standard" or "categorical
standard.")
A permit used pursuant to § 402 of the Act, 33
U.S.C. § 1342.
Any federal regulation developed under the authority of § 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under § 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section provided that:
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.
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 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 modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of subparagraphs (1) (b) or (1)(c) above but
otherwise alters, replaces or adds to existing process or production
equipment.
Construction of a new source as defined under this subparagraph
has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous on-site construction
program:
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
of feasibility, engineering and design studies do not constitute a
contractual obligation under this subparagraph.
A new connection generating a new sewage flow and/or an existing
customer and point of connection that is either:
Applying for an increase in building size or sewer usage by
way of land development approval or planning module approval or application
for reserved sewer capacity.
An existing customer at an existing point of connection or a
new point of connection who is or is not expanding or modifying their
building but who is expanding, changing or intensifying the use of
their property in such a way as to add residential dwelling units
or commercial or industrial establishments or portions thereof or
change or intensify the use of the property served by the facilities.
An existing customer at an existing point of connection who
is not expanding their building or changing their usage but is generating
a substantial increase in flow, with their existing facilities.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
A discharge which exits the POTW into the waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of any applicable NPDES permit (including
an increase in the magnitude and duration of violation).
Any flow which exceeds 1.7 times the average daily flow.
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. The masculine gender shall include the feminine and/or
neuter, and the singular shall include the plural where indicated
by the context.
The reciprocal of the logarithm, Base 10, of the hydrogen
ion concentration, and is used as an indicator of the acidity or alkalinity
of a solution, expressed in standard units.
Plant No. 1.
The sewage treatment plant and facilities, located in Ephrata
Borough, owned by Ephrata Borough Authority and operated by Ephrata,
together with any capital additions thereto.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, biosolids, munitions, filter backwash, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste and certain characteristics
of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity, or odor).
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
See "publicly owned treatment works."
That portion of the POTW designed to provide treatment of
wastewater.
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, discharging or otherwise introducing
such pollutants into the facilities and/or a POTW. The 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 national pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
A "treatment works" as defined by § 212 of the
Act, 33 U.S.C. § 1292, and relating solely to Plant No.
1, which is owned by Ephrata Borough, Borough Sewer Authority, Ephrata
Borough Authority or a municipal owner. This definition includes any
devices and systems used in the collection, storage, treatment recycling
and reclamation of sewage or industrial wastes of a liquid nature
It also includes pipes, sewers, and other conveyances only if they
convey wastewater to a POTW treatment plant.
Case law, statutes, regulations, rules, guidelines, policies,
permits, approvals and other standards or requirements of control
agencies.
A sewer which carries sanitary wastewater and/or authorized
industrial/commercial wastes and to which storm, surface, and ground
waters are not intentionally admitted.
All normal water-carried household and toilet waste from
kitchens, water closets, lavatories, laundries and bathrooms, especially,
but not limited to, wastes typical to households, from sanitary conveniences
wherever located or existing.
Waste from a settling tank in which settled sludge is in
immediate contact with the wastewater flowing through the tank and
the organic solids are decomposed by anaerobic bacterial action.
All water-carried waste defined as sewage in Act 537, including
sanitary wastewater and industrial wastewater.
The wastewater treatment services agreement dated January
1, 1981 by and among the Borough of Ephrata, the Borough of Denver,
the Borough of Akron, the Township of East Cocalico, the Township
of Ephrata, the Ephrata Borough Authority and the East Cocalico Township
Authority, as it may have been amended by a First Supplemental Waste
Water Treatment Services Agreement dated the fifth day of May, 1983
and any subsequent amendments thereto executed in writing by all the
parties thereto, setting forth the provisions for providing conveyance
and treatment of sanitary sewage and industrial waste by the Borough
of Ephrata as to Plant No. 1 and providing for the sharing of costs
and responsibilities of the Municipalities and their Authorities,
including the Borough of Ephrata and its Authority for this conveyance
and treatment.
A pipe or conduit for carrying wastewater, or unauthorized
industrial/commercial waste.
Is mandatory; "may" is permissive.
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater to the facilities and/or POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater).
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of Plant
No. 1.
Has in its wastes toxic pollutants as defined pursuant to § 307
of the Act or Pennsylvania statutes and rules.
Is designated as such by the Borough of Ephrata, Borough of
Akron, DEP, the Administrator, or the EPA on the basis that it has
a reasonable potential for adversely affecting the facilities operation
and/or the POTW's operation or for violating any pretreatment standard
or requirement.
Upon a finding that a user meeting the criteria in clause (b)
has reasonable potential for adversely affecting the facilities; and/or
the POTW's operation or for violating any pretreatment standard or
requirement, the Borough of Ephrata or the Borough of Akron 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.
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the wastewater measurements,
including laboratory analyses taken during a six-month period, exceed
a numeric pretreatment standard or requirement or instantaneous limits
by any amount.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the wastewater measurements,
including laboratory analyses for each pollutant parameter taken during
a six-month period, equals or exceeds the product of the numeric pretreatment
standard or requirement including instantaneous limits multiplied
by the applicable factors listed herein. The TRC factors are listed
as follows: 1.4 for BOD, SS and fats, oils and grease and 1.2 for
all other pollutants except pH.
Any other discharge violation of a pretreatment standard or
requirement that the Borough determines has caused, alone or in combination
with other discharges, interference or pass-through or has endangered
the health of POTW personnel or the general public.
Any discharge of a pollutant that has caused an imminent endangerment
to the public or to the environment or has resulted in the Borough's
exercise of its emergency authority to halt or prevent such a discharge.
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in an industrial waste discharge
permit or enforcement order for starting construction, completing
construction or attaining final compliance.
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, compliance reports,
periodic self-monitoring reports and reports on compliance with compliance
schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which may include
a violation of best management practices which the Borough determines
will adversely affect the operation of the facilities or the implementation
of the Borough's pretreatment program.
The accumulated solids separated from liquids, such as wastewater,
during processing, and/or the precipitate resulting from coagulation
or sedimentation of wastewater.
A discharge at a flow rate or concentration which could cause
a violation of the prohibited discharge standards including, but not
limited to, an accidental spill or noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States, Office of Management and Budget.
An abbreviated expression used to denote Standard Methods
for the Examination of Water and Waste Water, a manual published by
the American Public Health Association specifying official analytical
procedures for the measurement of wastewater parameters.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snow
melt.
The person(s) designated by the Borough of Akron or Borough
of Ephrata to supervise the operation of the respective Boroughs'
facilities and who is charged with certain duties and responsibilities
by this Part, the Administrator, or their duly authorized representative.
The sum of dissolved and undissolved constituents in water
or wastewater as determined by laboratory analysis in accordance with
Standard Methods.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
Any substance or combination of substances that:
Is listed as toxic in regulations promulgated by the Administrator
of the Environmental Protection Agency under the provisions of § 307(a)
of the Act, or other Acts.
Is present in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with the operation of the
facilities, including any wastewater treatment process, to constitute
a hazard to humans or animals, to create a public nuisance, or to
create any hazard in the wastewater system or in the receiving waters
of the POTW.
Any waste which is not in compliance with the provisions
of these regulations, or which is discharged into the wastewater system
by a person in violation of any provision contained in these regulations.
A source of indirect discharge or wastewater into the facilities
and/or any person who contributes, causes or permits contribution
of discharge or wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any ground water, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the facilities.
The wastewater collection systems, interceptor systems and
treatment plants, operated by the municipalities and/or their authorities
and which directs flow to the Ephrata Wastewater Treatment Plant.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the Commonwealth or any portion
thereof.
Any other term used herein shall be defined by the definitions
established in the following documents:
The wastewater treatment services agreement dated January 1,
1981, by and among the Borough of Ephrata, the Borough of Denver,
the Borough of Akron, the Township of East Cocalico, the Township
of Ephrata, the Ephrata Borough Authority and the East Cocalico Township
Authority, as it may have been amended by a first supplemental wastewater
treatment services agreement dated the first day of May, 1983, and
any subsequent amendments thereto executed in writing by all the parties
thereto.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania regulations and, if none appear there.
The U.S. Environmental Protection Agency regulations.
2.
Interpretations.
A.
The words "hereof," "herein," "hereto," "hereby," and "hereunder"
refer to this Part.
B.
Every "request," "requisition," "order," "demand," "application,"
"notice," "statement," "certification," "consent" or similar action
hereunder shall, unless the form thereof is specifically provided,
be in writing signed by a duly authorized officer of the person making,
sending, issuing or publishing the item.
C.
Words imparting persons include firms, associations, corporations,
and all parties hereto and all words imparting the singular number
include the plural number and vice-versa.
3.
BMP
BOD
CFR
COD
DEP
EPA
GPD
l
mg
MGD
mg/l
NPDES
POTW
SIC
SWDA
TSS
USC
Abbreviations. The following abbreviations shall have the designated
meanings:
Best management practice
Biochemical oxygen demand
United States Code of Federal Regulations
Chemical oxygen demand
Department of Environmental Protection
United States Environmental Protection Agency
Gallons per day
Liter
Milligrams
Million gallons per day
Milligrams per Liter
National pollutant discharge elimination system
Publicly owned treatment works
Standard industrial classification
Solid Waste Disposal Act, 42 U.S.C. § 6091 et seq.
Total suspended solids
United States Code
[Ord. 00042, 6/9/2008, § 303; as amended by Ord.
00080, 6/9/2014, § 1]
1.
General Prohibitions.
A.
No user shall introduce or cause to be introduced, directly or indirectly,
into the POTW any pollutant or wastewater which will pass through
or interfere with the operation or performance of the POTW. These
general prohibitions apply to all users of the POTW, whether or not
the user is subject to National Categorical Pretreatment Standards
or any other national, state, or local pretreatment standards or requirements.
B.
No user shall introduce or cause to be introduced, directly or indirectly,
any stormwater, surface water, spring water, ground water, roof runoff,
subsurface drainage, building foundation drainage, cellar drainage,
or noncontaminated cooling or process water into the POTW.
C.
No user shall introduce or cause to be introduced, directly or indirectly,
into the POTW any of the following pollutants, substances, or wastewater:
(1)
Any liquids, solids, or gases which by reason of their nature
or quantity are, or may be, sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious
in any other way to the POTW or their operating personnel, or to the
operation of the POTW, including, but not limited to, waste streams
with a closed cup flashpoint of less than 140° F. or 60° C.
using the test methods specified in 40 CFR 261.21. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge into the system (or at any point in the system) be more
than 5% nor any single reading be over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not
limited to: gasoline, fuel oil, kerosene, naphtha, benzene, toluene,
xylene, paint products, ethers, alcohols, ketones, aldehydes, peroxides,
acids or bases, chlorates, perchlorates, bromates, carbides, hydrides
and sulfides, and any other substances which the Borough of Akron,
the Borough of Ephrata, the Administrator, the state, or EPA has notified
the user is a fire hazard or a hazard to the POTW.
(2)
Wastewater having a stabilized pH, less than 6.0 or greater
than 9.0, or wastewater having any other corrosive or scale forming
property capable of causing damage or hazard to structures, equipment,
biological and/or bacterial action or, damages to processes, and/or
injury to personnel of the POTW.
(3)
Any solids or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the POTW such as, but not limited to, fats, oils and grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, cotton, wool, plastics,
gas, tar, asphalt residues, residues from refining or processing of
fuel or lubricating oil, mud, glass grinding or polishing wastes,
bentonite, lye, building materials, rubber, leather, porcelain, china,
ceramic wastes, polishing wastes, or other solid or viscous substances
capable of causing obstruction or other interference with the operation
of the POTW.
(4)
Pollutants, including oxygen-demanding pollutants (BOD, etc.)
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW.
(5)
Wastewater having a temperature at the point of user discharge
higher than 150° F., or any wastewater which will inhibit biological
activity at the POTW(s) but in no case may wastewater which causes
the temperature at the influent of the POTW to exceed 104° F.
(40° C.), or is less than 32° F. (0° C.).
(6)
Containing any petroleum oil, nonbiodegradable cutting oil or
products of mineral oil origin in amounts that will cause interference
or pass through.
(7)
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(8)
Trucked or hauled pollutants, except at discharge points and
except using procedures as approved by the Borough of Ephrata and
Borough of Akron or the Administrator, in accordance with this Part.
(9)
Noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance, or to prevent entry into the POTW for maintenance
and repair, or that may cause acute worker health and safety problems.
(10)
Liquids, gases or solids which impart color which cannot be
removed by normal methods or the treatment process such as, but not
limited to, dye wastes and vegetable tanning solutions, which consequently
impart color to the POTW's effluent, thereby violating the NPDES permit.
Color (in combination with turbidity) shall not cause the POTW effluent
to reduce the depth of the compensation point for photosynthetic activity
by more than 10% from the seasonably established norm for aquatic
life.
(11)
Any radioactive materials or isotopes of such half-life or concentration
as may exceed applicable local, state or federal regulations.
(12)
Stormwater, surface water, spring water, contaminated or uncontaminated
ground water, artesian well water, remediated contaminated groundwater,
roof runoff, subsurface drainage, building foundation drainage, cellar
drainage, condensate, noncontaminated cooling or process water, unpolluted
industrial or nondomestic process water.
(13)
Any toxic substances in sufficient quantity which, either singly
or by interaction with other wastewater or pollutants, may injure
or interfere with any wastewater treatment process, may constitute
a hazard to humans or animals, or may create a toxic effect in the
receiving waters of the POTW.
(14)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludge, biosolids, or scums,
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process. In no case shall a substance discharged to the
POTW cause the POTW to be in noncompliance with sludge and/or biosolids
recycling or disposal criteria 40 CFR 503, guidelines or regulations
developed under § 405 of the Act; any criteria, guidelines
or regulations affecting sludge and/or biosolids use or disposal developed
pursuant to the SWDA, the Clean Air Act, the Toxic Substance Control
Act or state criteria applicable to the sludge and/or biosolids management
method being used.
(15)
Any substance which will pass through and as a result cause
the POTW(s) to violate its NPDES permit or its DEP permit or the receiving
stream's water quality standards.
(16)
Any lagoon wastes.
(17)
Wastewater of such character and quantity that unusual attention
or expense is required to handle such materials in the POTW, as is
reasonably determined by the Borough of Akron (or the Administrator)
and Borough of Ephrata.
(18)
Any wastewater of such character and quantity that unusual attention
or expense is required to handle it at the POTWs, except as may be
subject to a "surcharge treatment fee" and approved by the Boroughs
of Akron ad Ephrata and/or the Administrator.
(19)
Any waste listed as hazardous or having the characteristics
of hazardous waste as listed in 40 CFR 261.
(20)
No user shall introduce or cause to be introduced whole blood,
directly or indirectly, into the POTW unless specifically authorized
by the Borough.
(a)
Such authorization shall be limited to a maximum of 12 gallons
per day allowable flow from any user.
(b)
Such authorization shall be by way of a permit condition for
those users that require industrial waste discharge permits (i.e.,
major or minor industrial users) or by way of written letter of authorization
for permit exempt industrial users.
(21)
No user shall introduce or cause to be introduced boiler blow-down,
directly or indirectly, into the POTW unless specifically authorized
by the Borough. Such authorization shall be limited to only those
users that can demonstrate to the Borough that their boiler blow-down
will not cause a violation of any discharge criteria listed in this
section including, but not limited to, temperature and pH criteria.
Such authorization shall be by way of permit conditions for those
users that require industrial waste discharge permits (i.e., major
or minor industrial users) or by way of written letter of authorization
for permit exempt industrial users.
(22)
No user shall introduce or cause to be introduced noncontaminated
and/or noncontact cooling or process water and/or condensate into
the POTW unless specifically authorized by the Borough. Such authorization
shall be limited to a maximum of 1/4 gallon per minute or 360 gallons
per day allowable flow from any user. Such authorization shall be
by way of a permit conditions for those users that require industrial
waste discharge permits (i.e., major or minor industrial users) or
by way or written letter of authorization for permit exempt industrial
users.
2.
National Categorical Pretreatment Standards. The categorical pretreatment
standards found at 40 CFR, Chapter I, Subchapter N, Parts 405-471,
are hereby incorporated.
A.
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Borough of Ephrata and or the Borough of Akron (or the Administrator)
may impose equivalent concentration or mass limits in accordance with
40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment standards is
mixed with wastewater not regulated by the same standard, the Borough
of Ephrata or the Borough of Akron (or the Administrator) shall impose
an alternate limit using the combined waste stream formula in 40 CFR
403.6(e).
C.
A user may obtain an EPA variance from a categorical pretreatment
standard if the industrial user can prove, pursuant to the procedural
and substantive provisions in 40 CFR 403.13, that factors relating
to its discharge are fundamentally different from the factors considered
by EPA when developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
3.
Local Limits.
A.
Local limits on the concentration of special pollutants are hereby
established on all industrial users as listed in Table 1 in this section.
These limits are established in accordance with 40 CFR 403.5(C).
B.
The Borough of Akron (or the Administrator) and the Borough of Ephrata
reserve the right to establish alternate special pollutant discharge
limitations in individual industrial waste discharge permits, but
only in accordance with regulatory requirements. At no time will the
summation of the industrial users' discharges be greater than the
allowable industrial headworks loading as defined in 40 CFR, Part
403. The specific pollutant discharge limitations, if more stringent
than the National Categorical Pretreatment Standard shall immediately
supersede that National Categorical Pretreatment Standard. To the
extent that any federal or state requirements and limitations on discharges
are more stringent than the local limits, the most stringent requirement
and limitations shall apply.
C.
The pollutant concentrations shall be measured in a representative sample collected at the point of discharge of the industrial user to a public wastewater collection system. The concentrations shall be based on a twenty-four-hour composite sample, except however, for certain pollutants the industrial user may request and the Borough of Akron (or the Administrator) and the Borough of Ephrata may allow that this concentration be determined by analyses of grab sample. Certain pollutants such as temperature and grease must be determined on the basis of a grab sample (see § 18-306, Subsection 10). Any sampling criteria shall be described in the industrial waste discharge permit.
D.
|
Maximum Allowable Concentration
| ||
|---|---|---|
|
[Local Limit (mg/l)]
| ||
|
Revised Local Limits for Industrial Users**
| ||
|
Pollutant (Total)
|
WWTP #1 mg/l
|
WWTP #2 mg/l
|
|
Arsenic
|
1.29
|
0.17
|
|
Cadmium
|
0.18
|
0.13
|
|
Chromium (hex)
|
0.23
|
—
|
|
Chromium (total)
|
—
|
—
|
|
Copper
|
0.31
|
0.29
|
|
Lead
|
—
|
1.00
|
|
Mercury
|
0.051
|
0.041
|
|
Molybdenum
|
—
|
0.58
|
|
Nickel
|
—
|
1.45
|
|
Selenium
|
1.13
|
0.59
|
|
Silver
|
—
|
—
|
|
Zinc
|
0.73
|
—
|
|
Oil and grease
|
100
|
100
|
|
pH*
|
5.0-12.5
|
5.0-12.5
|
|
NOTES:
| |
|---|---|
|
*
|
pH is expressed as an upper and lower limit, not a maximum allowable
concentration.
|
|
**
|
Daily maximum limit is two times the monthly average limit.
|
E.
If the pollutant concentrations or loads in excess of those specified
in this Part are discharged, or are proposed to be discharged to the
collection system or the POTW, or which in the judgment of the Borough
of Ephrata, pollutant concentrations and/or loads may have a deleterious
effect upon the POTW, the Borough of Ephrata and Borough of Akron
(or the Administrator) may do any or all of the following and/or take
additional actions as may be provided in this Part upon giving notice
to the industrial user and/or discharger:
(1)
Require, by way of informal notice, by telephone, to the user,
immediate discontinuance of the waste discharge until such time as
it meets the requirements of this Part.
(2)
Reject the waste.
(3)
Require pretreatment to reduce characteristics to maximum limits
permitted by this Part.
(4)
Require control over the quantities and rates of discharge.
F.
In no circumstance shall a person discharge or cause to be discharged into the POTW, any of the substances listed in paragraph .D above, without first filing an industrial waste discharge permit application and receiving written approval by the Borough of Akron (or the Administrator) and the Borough of Ephrata, as described in § 18-304 of this Part.
G.
Whenever a person has received written authorization from the Borough of Akron (or the Administrator) and Borough of Ephrata to discharge any polluted water, wastewater or industrial waste containing any of the substances or possessing any of the characteristics referred to in § 18-303, Subsection 2 and/or 3, of this Part, such discharge shall be subject to the continuing approval, inspection and review of the applicable governmental body. If, in the opinion of either Borough, (or the Administrator) such discharges are causing or will cause damage to the collection system or POTW, either Borough (or the Administrator) shall order the person causing such discharge to cease doing so forthwith, or take other appropriate action, as may be required by that Borough, to eliminate the harmful discharge.
H.
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. Either Borough (or the Administrator) 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.
4.
Pretreatment Requirements.
A.
Users shall design, construct, operate and maintain wastewater pretreatment
facilities whenever necessary to reduce pollutant concentrations and/or
amounts or users shall modify their wastewater to achieve compliance
with this Part. The review or approval of pretreatment facility plans,
specifications and operating procedures by either Borough (or the
Administrator) and its respective consulting engineer shall not excuse,
mitigate or provide any defense to any violations by the user, of
this Part or any federal, state or local requirements.
B.
The construction of required pretreatment facilities shall be accomplished
in accordance with a responsible completion schedule prepared by the
user and approved by the respective Borough (or the Administrator).
If, in the opinion of such Borough (or the Administrator), the schedule
prepared by the user is not reasonable, a completion schedule shall
be established by such Borough (or the Administrator).
C.
Any user required by either Borough (or the Administrator) to provide
pretreatment facilities, or desiring to, or required to modify existing
pretreatment facilities shall not commence construction or modifications
of such pretreatment facilities until:
(1)
Construction drawings, specifications, completion schedule and
other pertinent information relating to the proposed facilities have
been submitted to such Borough and the Administrator.
(2)
Such Borough and the Administrator provides written approval
for the construction of the proposed facilities.
D.
When approved in writing by a Borough (or the Administrator) and
placed in operation, pretreatment facilities shall be continuously
maintained in satisfactory and effective operation by the user, at
his sole expense. Each Borough (or the Administrator) shall have the
right to inspect said pretreatment facilities at any reasonable time
to insure such are being properly maintained and operated.
E.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
5.
Accidental Discharge/Slug Control Plans. The Borough shall evaluate
at least once which industrial waste discharge permit holders need
an accidental discharge/slug control plan with reevaluations as necessary.
The operator may require any user to develop, submit for approval,
and implement such a plan. Alternatively, such Borough (or the Administrator)
may develop such a plan for any user. 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 the Borough of any accidental
spill or slug discharge.
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.
6.
Miscellaneous Regulations.
A.
Drainage of Swimming Pools. Filter backwash lines shall be discharged
to the facilities as follows:
(1)
Sand filter backwash may be discharged directly to the facilities.
B.
Grease, Oil or Sand Interceptors.
(1)
Grease, oil, or sand interceptors shall be installed by the
user when, in the opinion of the Borough of Akron or the Borough of
Ephrata or the Administrator, they are necessary for the proper handling
of liquid wastes containing floatable grease in such amounts as are
likely to cause obstruction to the flow in a sewer or other interference
with the operation of the collection facilities or POTW, or are necessary
for the proper handling of any flammable waste, sand, or other harmful
ingredients. Such interceptors shall not be required for private living
quarters or dwelling units.
(2)
All interceptors shall be of a type and capacity acceptable
to both the Borough of Akron and the Borough of Ephrata and the appropriate
municipal owner and shall be located as to be readily and easily accessible
for cleaning and inspection.
(3)
In maintaining the grease, oil or sand interceptors, the user
and the owner(s) (if different persons) shall be responsible for the
proper removal and disposal by appropriate means of the captured material
and shall maintain records of the dates and means of disposal which
are subject to review by the respective Borough (and/or the Administrator).
Any removal and hauling of the collected materials not performed by
user's and/or owner's personnel must be performed by currently licensed
waste disposal firms.
C.
Garbage Grinders. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water shall be discouraged but may be permitted. However, no such mechanical garbage grinder to serve premises used for nonresidential purposes shall be installed until permission for such installation is obtained from the Borough of Akron (or the Administrator) and the Borough of Ephrata. No garbage grinder shall be connected so as to discharge through a grease interceptor. Use of mechanical garbage grinders to serve commercial purposes may result in surcharges as described in § 18-305.
D.
Flow Equalization. The Borough of Akron (or the Administrator) and
the Borough of Ephrata shall have the right to require users having
large variations in the rate or strength of waste discharge to install
suitable regulating devices for equalizing flows and/or loads to the
collection facilities POTW.
E.
Hauled Wastewater.
(1)
Septic tank waste may be introduced into a POTW only at locations
designated by the Ephrata Borough, and at such times as are established
by Ephrata Borough. Such waste shall not violate any sections of this
Part or any other requirements established by Ephrata Borough. Ephrata
Borough shall require septic tank waste haulers to obtain wastewater
discharge permits.
(2)
Ephrata Borough shall require haulers of industrial waste to
obtain industrial waste discharge permits and Ephrata Borough may
require generators of hauled industrial waste to obtain industrial
waste discharge permits. Ephrata Borough 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)
No load may be discharged without prior consent of Ephrata Borough.
Industrial waste haulers may discharge loads only at locations designated
by Ephrata Borough. Ephrata Borough may collect samples of each hauled
load to ensure compliance with applicable standards. Ephrata Borough
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. 00042, 6/9/2008, § 304]
1.
Administrative Entity.
A.
General Applicable. The provisions of these regulations governing
admission of industrial waste into the Ephrata area wastewater treatment
facilities shall be administered by the Borough of Akron or by such
other entity (hereinafter the Borough of Akron and any such other
entity shall be referred to collectively as "the Administrator") as
the Borough of Akron shall determine, from time to time, by an administrative
agreement entered into with such entity.
2.
Industrial Waste Discharge Permit.
A.
General. All industrial users connected to and using the POTW or
proposing to connect to and use the POTW including new users and new
sources (as defined herein) shall apply for industrial waste discharge
permit. Certain industrial users will be required to obtain industrial
waste discharge permits. Certain small industrial users will be eligible
for permit exemptions.
B.
Permit Application. All industrial users or proposed industrial users
shall complete and file with the Administrator, an application in
the form prescribed, and accompanied by a fee of $25 or other fee
as may be established by the Borough of Akron by resolution. Existing
users shall apply for an industrial waste discharge permit within
60 days after the effective date of this Part. New users shall apply
at least 90 days prior to the anticipated date for connection to and/or
using a collection systems served by the POTW. In support of the application,
the user shall submit the following information:
(1)
Name and address of user and location of discharge, and (if
different) the name and address of the owner.
(2)
The name and address of the municipal or municipal authority
collection system proposed for the initial receipt of the proposed
discharge of wastes.
(3)
Wastewater characteristics and their relationship to National
categorical pretreatment standards, and the local limits established
by ordinance. Sampling and analysis for this information shall be
performed in accordance with 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 applicable
techniques for the pollutant in question, sampling and analysis shall
be performed in accordance with procedures approved by E.P.A.
(4)
Standard industrial classification (SIC) codes of wastewater
characteristics.
(5)
Time and duration of industrial waste discharge.
(6)
Average daily and peak flow rates (including daily, monthly
and seasonal variations if appropriate).
(7)
Site plans, floor plans mechanical and plumbing plans, and details
to show all sewers, sewer connections and appurtenances by size, location
and elevation.
(8)
Description of process producing industrial waste.
(9)
Description of product and approximate rate of production.
(10)
Description of raw materials processed.
(11)
Number of employees, hours of operation, and projected hours
of operation of pretreatment system (if applicable).
(12)
Additional information required by the Administrator as necessary
to evaluate the permit application.
C.
Application Signatories and Certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
|
"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."
|
D.
Procedures.
(1)
The procedures to be followed by the Administrator in acting
on industrial waste discharge permit applications shall be as follows:
(a)
Within 30 days of receipt of the application, the Administrator
shall notify the applicant in writing:
1)
That the wastewater proposed to be discharged is acceptable
and a permit will be issued by the Administrator upon receipt of a
$150 permit fee or other fee as may be established by the Borough
of Akron by resolution.
2)
That based upon the current facts as set forth in the application
and accompanying data the applicant is currently exempt from permit
and reporting requirements.
3)
That the wastewater proposed to be discharged is unacceptable.
4)
That the wastewater proposed to be discharged will be acceptable
and a permit will be issued by the Administrator, provided certain
action is taken and maintained by the applicant, specifying the terms
and conditions thereof and upon receipt of a $150 permit fee or other
fee as may be established by the Borough of Akron by resolution.
5)
That the Administrator requires further information, studies
or tests, specifying the requirements thereof, before it can determine
whether the proposed discharge is or is not acceptable.
E.
Permit Classification and Permit Waivers.
(2)
Major industrial users are those industrial users that meet
any of the following conditions:
(a)
Are significant industrial users (see definition).
(b)
Discharges more than 25,000 gpd of industrial wastewater.
(c)
Discharges more than 50 pounds per day of BOD.
(d)
Discharges more than 50 pounds per day of total suspended solids.
(e)
Discharges more than 20 pounds per day of fats, oil, or grease.
(f)
Discharges more than three pounds per day of total phosphorous
(P).
(g)
Discharges more than 10 pounds per day of ammonia nitrogen.
(3)
Minor industrial users are those industrial users that do not
meet the criteria too be classified as either a "major industrial
user" or a "permit exempt industrial user."
(4)
Permit exempt industrial users are those industrial users that
meet all of the following criteria:
(a)
Discharges less than 2,500 gpd.
(b)
Discharges less than five pounds per day of BOD.
(c)
Discharges less than five pounds per day of TSS.
(d)
Discharges less than two pounds per day of fats, oils and/or
grease.
(e)
Discharges of more than three pounds per day of total Phosphorous
(P).
(f)
Discharges of more than 10 pounds per day of ammonia nitrogen.
(5)
The Administrator will determine the classification of the industrial
user based upon the information provided by the industrial waste discharge
Permit application and any other information available to the Administrator.
(6)
If the industrial user is determined by the Administrator to be a permit exempt industrial user, the user shall be exempt only from the permit and annual or quarterly reporting requirements (Subsection 3), inspection manhole requirements (Subsection 4) and the surcharge payment requirements (§ 18-305) of this Part. Permit exempt industrial users shall not be exempt from any other requirements of this Part.
(7)
If the industrial user is determined by the Administrator to be a minor industrial user, the user shall be allowed to utilize the reduced reporting requirements specified in Subsection 3 of this Part.
(8)
If upon information received from the industrial users and/or
available to the Administrator based upon on-site inspection, flow
tests or wastewater sampling and testing, and/or available to the
Administrator from other reliable sources including, but not limited
to, the Borough of Akron, the Administrator determines that an industrial
user's classification should change then (in that event) the Administrator
shall serve notice to the industrial user of that proposed change(s),
at least 30 days prior to the effective date of that change(s) and
the industrial user, thereafter, shall be required to comply with
all requirements imposed upon that revised classification of industrial
user.
(9)
The flow and loading criteria set forth in this section shall
be based on peak day conditions as estimated or measured.
F.
Permit Conditions. Industrial waste discharge permits shall be issued
subject to all provisions of this Part and all other applicable requirements,
user charges and surcharges (if applicable) and fees established by
the Borough of Akron. Permits shall include any or all of the following:
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable
without prior notification to the Administrator and the Borough of
Akron in accordance with paragraph .H of this section, and provisions
for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit.
(3)
The unit charge or schedule of user charges and/or surcharges
for the wastewater to be discharged to the POTW.
(4)
Limits on the average and maximum wastewater characteristics.
(5)
Limits on average and maximum rates and time of discharge or
requirements for flow regulation and equalization.
(6)
Requirements for installation and maintenance of inspection
and sampling facilities.
(7)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(8)
Compliance schedules.
(9)
Requirements for submission of discharge reports.
(10)
Requirements for maintaining operating records relating to waste-water
discharge and affording the Administrator and the Borough of Akron
access thereto.
(11)
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 POTW.
(12)
Requirements for the development and implementation of spill/slug
control plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
(13)
Requirements for the development and implementation of waste
minimization plans to reduce the amount of pollutants discharged to
the POTW.
(14)
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.
(15)
Other conditions as deemed appropriate by the Administrator
for individual permittees to ensure compliance with this Part, and
state and federal laws, rules and regulations.
(16)
A statement that the conditions of the permit incorporate this
Part, as amended from time to time, and a copy of this Part, as of
the date of the permit issuance shall be delivered with the permit,
but the lack of delivery or receipt of this Part shall not be considered
a defect in the permit. The users and permittees have the availability
of this Part and amendments thereto at the Borough of Akron.
(17)
Requirements for the development and implementation of best
management practices necessary to ensure compliance with applicable
Requirements.
G.
Permit Duration. An industrial waste discharge permit shall be issued
for a specified time period, not to exceed five years or it may be
issued to expire on a specific date. The user shall apply in writing
for permit reissuance a minimum of 180 days prior to the expiration
of an existing permit. The terms and conditions of the permit shall
be subject to modification by the Administrator during the term of
the permit as limitations or requirements are modified or other just
cause exists. The Administrator shall serve notice on the industrial
user of that proposed change(s) at least 30 days prior to the effective
date of that change(s). Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
H.
Permit Transfer. Industrial waste discharge permits are issued to
a specific user for a specific operation. A permit may not be reassigned,
transferred or sold to a new owner, new user, different premises or
a new or changed operation without the previous written approval of
the Administrator.
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Any application for a permit transfer must include a written
certification that the new user (or new owner, as applicable):
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I.
Waste Characteristic Change. Any user or owner who is discharging
industrial waste into the POTW and who contemplates a change in the
method of operation or in the pretreatment facilities which will alter
the type of industrial waste then being discharged into the POTW shall
apply for a new industrial waste discharge permit at least 30 days
prior to such change. The revised industrial waste discharge permit
will be subject to a fee of $150 or other fee as may be established
by the Borough of Akron by resolution. Approval or disapproval of
a modified permit shall be regulated by the procedures established
hereunder for the issuance of an original permit.
J.
Separation of Wastes. Where the user can prove to the satisfaction
of the Administrator that there is a complete separation of sanitary
wastewaters from industrial wastes within an industrial establishment,
with only the sanitary wastewater discharged to the POTW and submits
a written certification thereto pursuant to Subsection 2C, herein,
no industrial waste discharge permit will be required.
K.
Public Notification. The Administrator, at the expense of the applicant
for an industrial waste discharge permit, shall publish a notice of
intent to issue any initial or major modifications to an industrial
waste discharge permit in a newspaper of general circulation, at least
14 days prior to issuance. The notice shall indicate a location where
the application for the permit may be reviewed and an address where
written comments may be submitted.
L.
Permit Appeals. Upon receipt by the Administrator of written requests
from a party, the Administrator will provide the interested party
with written notice of a final permit decision by first-class mail
to the address provided by that party. Any person so notified, including
the permittee, may appeal the terms of the industrial waste discharge
permit, in writing, to the Borough of Akron within 30 days of the
date of notice of its issuance, subject to the following:
(1)
No appeal shall be considered complete unless accompanied by
the appeal fee of $500 or such fee as may be subsequently established,
from time to time, by ordinance or resolution of the Borough of Akron.
(2)
Failure to submit a timely appeal shall be deemed to be a complete
waiver of all rights which could have been included in the appeal.
(3)
The effectiveness of the industrial waste discharge permit shall
not be stayed pending final decision on the appeal.
(4)
The appeal must be in writing and the person so appealing must
state the grounds for their appeal. If the appellant is the permittee,
the permittee shall indicate the provisions of the permit to which
objection is made, the reasons for the objection, and the alternative
conditions, if any, permittee seeks to be placed in the permit.
(5)
If the appellant desires a hearing on the appeal, the appellant
must request a hearing in their appeal notice. Any hearing will be
conducted in accordance with the provisions of Local Agency Law, 2
Pa.C.S.A. § 551 et seq.
(6)
The Borough of Akron shall issue a written decision granting
or denying the appeal, as appropriate. If, after reviewing the appeal
and any evidence which may be presented, Borough of Akron determines
that the appeal should be granted, the Administrator shall reissue
the permit, as modified, or revoke the permit if the appeal requested
revocation.
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Appeals from all final determinations of the Borough of Akron
shall be made to Lancaster County Court of Common Pleas in accordance
with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 751
et seq.
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M.
Industrial Waste Discharge Permit Modifications by the Administrator.
The Administrator may modify an industrial waste discharge permit
for good cause including, but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
(2)
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.
(3)
A change in the POTW that requires either a temporary or permanent
reduction of elimination of the authorized discharge.
(4)
Information indicating that the permitted discharge poses a
threat to POTW, personnel, or the receiving waters.
(5)
Violation of any terms or conditions of the industrial waste
discharge permit or these regulations.
(6)
Misrepresentations or failure to fully disclose all relevant
facts in the industrial waste discharge permit application or in any
required reporting.
(7)
Revision of, or a grant of, variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
(8)
To correct typographical or other errors in the industrial waste
discharge permit.
(9)
To reflect a transfer of the facility ownership or operation
to a new owner or operator, pursuant to Subsection 2H hereof.
N.
Industrial Waste Discharge Permit Revocation. The Administrator may
revoke an industrial waste discharge permit for good cause including,
but not limited to, the following reasons:
(1)
Failure to notify the Administrator of significant changes to
the wastewater prior to the changed discharge.
(3)
Misrepresentation or failure to fully disclose all relevant
facts in the industrial waste discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the Administrator or any Municipal owner timely
access to the facility premises and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines.
(9)
Failure to pay sewer charges and costs.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the industrial waste
discharge permit application.
(12)
Failure to provide a completed application for a permit transfer
in accordance with Subsection 2H, herein, for a new user or owner.
(13)
Violation of any pretreatment standard or requirement, or any
terms of the industrial waste discharge permit or this Part.
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Industrial waste discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All industrial waste
discharge permits issued to a particular user are void upon the issuance
of a new industrial waste discharge permit to that user.
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3.
General Reporting Requirements for Permittee.
A.
Each major industrial user permittee shall submit to the Administrator,
10 days prior to the first day of March, June, September and December,
an industrial waste contribution report.
B.
Each minor industrial user permittee shall submit such a report only
once per year, prior to the anniversary date of its permit. The Administrator
may require more than one report per year, however, as a permit condition.
C.
The waste contribution report shall be on a form provided by the
Administrator and shall indicate the nature and concentration of pollutants
in the industrial waste effluent. The waste characteristics shall
be based on the results of analysis of the waste performed by a qualified
laboratory acceptable to the Administrator. Upon specific approval
of the Administrator the permittee may elect to employ in-house facilities
for the analysis of certain parameters being monitored. However, at
least once per year, a split sample shall be analyzed for all parameters
being monitored in-house by both the in-house laboratory and a qualified
independent laboratory. The results of both laboratories shall then
be submitted to the Administrator for review. The Administrator reserves
the right to deny and/or withdraw the approval for the use of in-house
facilities at any time.
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This report shall also include the average daily flow for the
reporting period.
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D.
At the discretion of the Administrator and in consideration of such
factors as production schedules, budget cycles, etc., the Administrator
may agree to alter the months during which the above reports are to
be submitted.
4.
Sampling, Flow Measurement, Testing and Inspection.
A.
All major industrial users and minor industrial users shall install
at their expense a suitable control manhole, (together with meters
if required by the Boroughs as a condition of the permit) and other
appurtenances in the sewer to provide for inspection, sampling and
measurement of the waste.
(1)
The control manhole should normally be situated on the user's
premises, but the Administrator 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.
(2)
There shall be ample room in or near the control manhole to
allow accurate sampling and preparation of samples for analysis.
(3)
The control manhole, sampling and measuring equipment shall
be maintained at all times in a safe and proper operating condition
at the expense of the user. Construction of the control manhole shall
be completed within 90 days following the date of written notice by
the Administrator.
B.
In the event that no control manhole has been constructed, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
C.
Users discharging industrial waste to the POTW shall provide the
Administrator and its representatives the opportunity of access at
any time, upon reasonable notice, to any improved property served
by the wastewater system as shall be required for purposes of inspection,
measurement, sampling, testing and records examination to ascertain
whether the purpose of this Part is being met and all requirements
are being complied with, and for performance of other functions relating
to service rendered by the Administrator. The Administrator 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.
D.
All measurements, samplings, tests, and analysis of the characteristics
of waters and wastes to which reference is made in this Part 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
analysis must be performed in accordance with procedures approved
by E.P.A.
E.
Twenty-four hour composite samples shall be considered the standard for all sampling performed in accordance with the Part, except where grab samples are required in § 18-306, Subsection 10, hereof. However, other appropriate sampling procedures may be acceptable at the discretion of the Administrator, if previously approved and included as part of the permit conditions.
F.
The costs of all measurement, sampling, testing, inspection and other monitoring activities incurred by the Administrator while enforcing the provisions of this Part shall be the sole responsibility of and paid by the applicable industrial user. Such costs shall be additional sewer user charges and shall be charged directly to the user using the same procedures for billing and collection as used for the billing and collection of surcharges, as described in § 18-305.
[Ord. 00042, 6/9/2008, § 305]
1.
Pretreatment Charges and Fees. The Administrator may adopt from time
to time, subject to review and approval by Akron Borough Council,
reasonable charges and fees which may include, but are not limited
to, the following:
A.
Fees for reimbursement of costs of setting up and operating the Administrator's
pretreatment program including, but not limited to, legal and engineering
costs.
B.
Fees for industrial waste discharge permit application.
C.
Fees for monitoring, inspections and surveillance procedures; including
the cost of collecting and analyzing a user's discharge and reviewing
monitoring reports submitted by users.
D.
Fees for filing appeals.
E.
Fees for consistent removal by the Administrator of pollutants otherwise
subject to Federal Categorical Pretreatment Standards.
F.
Other fees as the Administrator may deem necessary to carry out the
requirements of this Part.
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These fees relate solely to matters covered by this Part and
are separate from other fees, fines and penalties chargeable by the
Administrator, the Borough of Akron or the Borough of Ephrata.
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2.
Surcharges.
A.
Certain portions of the facilities have been designed to accommodate
treatment of wastewater BOD, suspended solids, Phosphorus and ammonia
nitrogen. Certain costs of operations of the facilities are incurred
by Ephrata and/or Akron for the removal of BOD, suspended solids,
phosphorus and ammonia nitrogen from the wastewater flows. If all
users discharged wastewater with similar concentration of BOD, suspended
solids, phosphorus and ammonia nitrogen, then the imposition of user
rates on the flow basis would be fair and equitable. Certain users
of the facilities, however, discharge wastewater with concentrations
of BOD, suspended solids, phosphorus and ammonia nitrogen that are
significantly greater than average concentrations of these pollution
parameters. Since Ephrata has provided certain equipment and expends
certain operating costs that are provided to accommodate the treatment
of BOD, suspended solids, phosphorus and ammonia nitrogen, it has
determined that those costs of equipment and operation should be allocated
onto the users on a pro rata basis for those users that discharge
their waste with concentrations of BOD, suspended solids, phosphorus
and ammonia nitrogen that exceed the average wasteload concentrations.
This allocation is imposed by surcharges established by Ephrata. Because
of the high cost of analyzing BOD, suspended solids, phosphorus and
ammonia nitrogen concentrations. These surcharges will only be imposed
upon users that generate large wastewater flows. These Surcharges
are imposed only on major and minor industrial users. (Discharges
generated by major industrial users and minor industrial users containing
concentrations of BOD and/or suspended solids in excess of 250 mg/l
shall be subject to a surcharge factor. Discharges generated by major
industrial users and minor industrial users containing concentrations
of phosphorus in excess of 15 mg/l and/or ammonia nitrogen concentrations
in excess of 50 mg/l shall be subject to a surcharge factor.) Surcharge
factor shall be applied to the standard user fee.
B.
For the purposes of this section, the term "standard user fee" shall
be that fee that municipalities and/or municipal authorities pay to
the Borough of Ephrata for the pro rata cost of operation for Plant
No. 1 and the pro rata payment of total annual capital cost as established
in accordance with the procedures described in the sewage service
agreement.
C.
The major industrial user and minor industrial user shall be charged
their regular customer charge for normal strength wastewater directly
by the Borough of Akron. This charge must be paid to the Borough of
Akron in accordance with the Borough of Akron's ordinances. The surcharges
imposed by this Part are separate charges that will be charged directly
by the owner of the facilities, i.e., the Administrator, the Borough
of Ephrata, or the Borough of Akron, as the case may be, on the major
industrial user and minor industrial user and this separate charge
will be payable directly to the Borough of Ephrata, the Administrator
and/or Borough of Akron as that use may be.
D.
The surcharge factors shall be imposed on the user fees as described
above in paragraph .B herein, and not on the user fees charged by
the collection system owner.
E.
The surcharge factors shall be imposed on the user fees as described
above in paragraph .B herein, and not on any base minimum quarterly
charge.
F.
The surcharge factors shall be imposed on the user fees calculated
on existing customer or user flows and not projected on future flows
and, therefore, no surcharge shall be imposed upon any user reservation
fee or tapping fee.
G.
Surcharge factors shall be computed on the basis of the measured
or estimated concentration of pollutants for data as may be available
to the Administrator. The basis for calculation of these factors shall
be average daily loading concentrations based upon thirty-day averages.
If the data is available based upon an analysis of daily testing of
twenty-four-hour composite samples, that data will be used to compute
the surcharge factor. If less detailed data is available, the Administrator
shall use its discretion to select the loading concentration based
upon the best available information. This concentration data may,
therefore, only be based upon an analysis of periodic grab samples.
If the industrial user objects to the loading concentration used for
the calculation of these factors the industrial user can provide the
Administrator with more complete test data.
H.
The establishment of concentration loads for billing purposes shall
be made no more frequently than annually, unless otherwise established
for major industrial users; as quarterly as a condition of the Industrial
Waste Discharge Permit. That is, the Borough of Ephrata, Borough of
Akron or the Administrator, as the case may be, shall establish the
surcharge factor annually (except as noted) and bill for the following
year using that factor.
I.
Surcharge Factor. For the major industrial user and/or minor industrial
user whose discharge has a total BOD concentration in excess of 250
mg/l and/or suspended solids concentration in excess of 250 mg/l and/or
phosphorus concentrations in excess of 15 mg/l and/or ammonia nitrogen
concentrations in excess of 50 mg/l, a surcharge factor will be applied
to the standard user fee to arrive at the industrial surcharge bill.
This surcharge is imposed upon major industrial users and minor industrial
users to allow the pro rata normal costs incurred by the Borough to
provide the facilities and facility operation and maintenance for
removal of BOD, suspended solids, phosphorus and ammonia nitrogen
when discharged into the POTW in a concentration higher than the concentration
of those components in sanitary wastewater. The surcharge factor will
be established by resolution of Ephrata.
3.
Collection. Any and all charges, costs, fees, surcharges, expenses,
etc shall be due and collectible by the Borough of Akron or Administrator
in the same manner as sewer charges are due and collectible by the
Borough of Akron.
[Ord. 00042, 6/9/2008, § 306]
1.
Baseline Monitoring Reports.
A.
Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge
to the POTW shall submit to the Administrator a report which contains
the information listed in paragraph .B, below. At least 90 days prior
to commencement of their discharge, new sources, and sources that
become categorical users subsequent to the promulgation of an applicable
categorical standard, shall submit to the Administrator a report which
contains the information listed in paragraph .B, below. A new source
shall report the method of pretreatment it intends to use to meet
applicable categorical standards. A new source also shall give estimates
of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set forth below.
(1)
Identifying Information. The name and address of the facility,
including the name of the operator and owner.
(2)
Environmental Permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of Operations. A brief description of the nature,
average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4)
Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(5)
Measurement of Pollutants.
(a)
The categorical pretreatment standards applicable to each regulated
process.
(b)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Administrator, 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 Subsection 10 of this Part.
(d)
In cases where the standard requires compliance with a best
management practice or pollution prevention alternative, the user
shall submit documentation as required by the Borough or the applicable
standards to determine compliance with the standard.
(6)
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection 2 of this Part.
(8)
Signature and Certification. All baseline monitoring reports
must be signed and certified in accordance with Subsection 2C of this
Part.
2.
Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Subsection 1B(7) of this Part:
A.
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation).
B.
No increment referred to above shall exceed nine months.
C.
The user shall submit a progress report to the Administrator no later
than 14 days following each date in the schedule and the final date
of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule.
D.
In no event shall more than nine months elapse between such progress
reports to the Administrator.
3.
Reports on Compliance with Categorical Pretreatment Standard Deadline.
Within 90 days following the date for final compliance with applicable
categorical pretreatment standards, or in the case of a new source
following commencement of the introduction of wastewater into the
POTW, any user subject to such pretreatment standards and requirements
shall submit to the Administrator a report containing the information
described in Subsection 1B(4)-(6) of this Part. For users subject
to equivalent mass or concentration limits established in accordance
with the procedures in 40 CFR 403.6(c), this report shall contain
a reasonable measure of the user's long-term production rate. For
all other users subject to categorical pretreatment standards expressed
in terms of allowable pollutant discharge per unit of production (or
other measure of operation), this report shall include the user's
actual production during the appropriate sampling period. All compliance
reports must be signed and certified in accordance with Subsection
2C of this Part.
4.
Periodic Compliance Reports.
A.
All major industrial users shall cause to be submitted to the Borough original monitoring results from an independent laboratory at a frequency determined by the Borough but in no case less than four times per year (by March, June, September and December). The monitoring results shall indicate the nature and concentration of pollutants in the discharge which are limited by pretreatment standards. The independent laboratory shall be of the user's choice and approved by the Borough, and will conduct sampling without prior notice to the user. Measured or estimated average and if required maximum daily flows for the reporting period shall be obtained from the municipality and cause to be submitted to the Borough quarterly. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Borough or the applicable standards to determine compliance with the standard at least quarterly. All periodic compliance reports must be signed and certified in accordance with § 18-306, Subsection 4, hereof.
B.
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. Wastewater meters shall be calibrated at least annually, water
meters shall be calibrated at least once every 10 years. The failure
of a user to keep its monitoring facility(ies) in good working order
shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
5.
Reports of Changed Conditions. Each user must notify the Borough
of any planned changes to the user's operations or system which might
affect the potential for a slug discharge or has the potential to
alter the nature, quality or volume of its wastewater at least 30
days before the change.
A.
The Administrator may require the user to submit such information
as may be deemed necessary to evaluate the changed condition, including
the submission of an industrial waste discharge Permit application
under Subsection 2B of this Part.
C.
For purposes of this requirement, the term "changes" include, but
are not limited to, flow increases of 20% or greater and the discharge
of any previously unreported pollutants.
6.
Reports of Potential Problems.
A.
In the case of any discharge including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, a user shall immediately telephone and notify the Administrator
of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the Administrator, 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 Part.
C.
A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the event
of a discharge described in paragraph .A, above. Employers shall ensure
that all employees, who may cause such a discharge to occur, are advised
of the emergency notification procedure.
7.
Reports from Unpermitted Users. All users not required to obtain
an industrial waste discharge permit shall provide appropriate reports
to the Administrator as the Administrator may require.
8.
Notice of Violation/Repeat Sampling and Reporting. If sampling performed
by a user indicates a violation, the user must notify by telephone
the Administrator within 24 hours of becoming aware of the violation
and shall provide written notice within five days. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Administrator within 30 days after becoming
aware of the violation. The user is not required to resample if the
Administrator monitors at the user's facility at least once a month,
or if the Administrator samples between the user's initial sampling,
and when the user receives the results of this sampling.
9.
Analytical Requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of an Industrial waste 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.
10.
Sample Collection.
A.
Except as indicated in paragraph .B, below, the industrial user must
collect wastewater samples using flow-proportional twenty-four-hour
composite wastewater sample collection techniques. The Borough may
authorize the use of time proportional sampling or a grab sample where
the industrial user demonstrates that this will provide a representative
sample of the effluent being discharged. In addition, grab samples
may be required to show compliance with instantaneous discharge limits.
B.
Samples for fats, oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
11.
Timing. Unless otherwise indicated, written reports shall 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 actual receipt of the report
shall govern.
12.
Record Keeping. Industrial users subject to the reporting requirements
of this section shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
activities or BMPs required by this article and any additional records
of information obtained pursuant to monitoring activities or BMPs
undertaken by the industrial user independent of such requirements.
Records shall include the date, exact place, method and time of sampling
and the same 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. Also records necessary
to demonstrate compliance with applicable BMPs must be kept. This
may include records of pH or flow meter calibration. 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 applicable municipal owner
of a collection system used by the industrial user, or where the user
has been specifically notified of a longer retention period by the
Borough.
[Ord. 00042, 6/9/2008, § 307]
1.
Right of Entry; Inspection and Sampling. The Administrator and Borough
of Akron 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 industrial waste discharge permit or order issued hereunder.
Users shall allow the Administrator and the Borough of Akron 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 Administrator or
the Borough of Akron will be permitted to enter without delay for
the purposes of performing specific responsibilities.
B.
The Administrator and the Borough of Akron 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 Administrator 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.
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 Boroughs and shall
not be replaced. The costs of clearing such access shall be born by
the user.
E.
Unreasonable delays in allowing the Administrator or Borough of Akron
access to the user's premises shall be a violation of this Part.
2.
Search Warrants. If the Administrator or Borough of Akron has been
refused access to a building, structure, or property, or any part
thereof, and is able to demonstrate probably cause to believe that
there may be a violation of this Part, or that there is a need to
inspect and/or sample as part of a routine inspection and sampling
program of the Administrator designed to verify compliance with this
Part or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, then the Administrator
or Borough of Akron may seek issuance of a search warrant.
[Ord. 00042, 6/9/2008, § 308]
Information and data on a user obtained from reports, surveys,
industrial waste discharge permit applications, industrial waste discharge
permits, and monitoring programs, and from the Administrator'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 Administrator, 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 in writing at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR 2.302 will not be recognized
as confidential information and will be available to the public without
restriction.
[Ord. 00042, 6/9/2008, § 309]
The Borough shall publish annually, in a newspaper of general
circulation published in Lancaster County, a list of the users which,
during the previous 12 months, were in significant noncompliance (SNC)
with applicable industrial waste pretreatment standards and/or requirements.
[Ord. 00042, 6/9/2008, § 310]
1.
Notification of Violation. When the Administrator or the Borough of Akron finds that a user has violated, or continues to violate, any provision of this Part, an Industrial Waste Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, the Administrator or the Borough of Akron may serve upon that user a written notice of violation pursuant to § 18-313. Within 30 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 in writing by the user to the Administrator or the Borough of Akron.
A.
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.
B.
Nothing in this section shall limit the authority of the Administrator
or the Borough of Akron to take any other action, including emergency
actions or any other enforcement action, without first issuing notice
of violation.
2.
Consent Orders. The Administrator and the Borough of Akron may enter into consent orders, assurances or 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 Subsections 4 and 5 of this Part and shall be judicially enforceable. Issuance of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the user.
3.
Show Cause Hearing.
A.
The Administrator may order a user which has violated, or continues
to violate, any provision of this Part, an industrial waste discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, to appear before the hearing board as set forth in
paragraph .B of this section 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 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.
B.
At any hearing pursuant to this section, testimony shall be under
oath and recorded stenographically. The transcript so recorded will
be made available to any member of the public or any party to the
hearing upon payment of the usual charges thereof.
(1)
To issue notices of hearings requesting the attendance and testimony
of witnesses and production of evidence relevant to any matter involved
in such hearings.
(2)
To take evidence.
(3)
To transmit a report of the evidence and hearing, including
transcripts and other evidence together with recommendations to the
Administrator for action thereon.
(a)
At any hearing pursuant to this section, testimony shall be
under oath and recorded stenographically.
(b)
The transcript so recorded will be made available to any member
of the public or any party to the hearing upon payment of the usual
charges therefore.
(c)
After the hearing board has reviewed the evidence, it may issue
an order to the user responsible for the violation, directing that
following a specific time period, the sewer service shall be discontinued
unless adequate treatment facilities, devices or other related appurtenances
have been installed and existing treatment facilities, devices or
other related appurtenances are properly operated. Further orders
and directives deemed necessary and appropriate may be issued by the
hearing board, including the assessment of costs associated with the
hearing.
C.
The hearing board shall be appointed by the Administrator and the
Borough of Akron. One member of the Board shall be a member of the
Administrator's staff; one member shall be a professional engineer
skilled in practice of sanitary engineering; one member shall be a
representative of industry or manufacturing enterprise; one member
shall be a lawyer; and one member shall be selected by the Borough
of Akron.
D.
Terms on the Board shall be for a period of five years. The Borough
of Akron shall appoint representatives to fill vacancies on the Board
to complete unexpired terms. Interim appointments may be permitted
to serve an additional full term on the Board.
4.
Compliance Orders. When the Administrator finds that a user has violated,
or continues to violate, any provision of this Part, an industrial
waste discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Administrator 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 by installing and properly operating
adequate treatment facilities, devices, or other related appurtenances,
sewer service may be discontinued. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
5.
Cease and Desist Orders. When the Administrator finds that a user
has violated, or continues to violate, any provision of this Part,
an industrial waste 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 Administrator may issue an
order to the user directing it to cease and desist all such violations
and directing the user to:
A.
Immediately comply with all requirements.
B.
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
|
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
|
6.
Administrative Fines.
A.
Notwithstanding any other provision in these regulations, when any
user has violated or continues to violate any provision of this Part,
the industrial waste discharge permit, any order issued hereunder
or any other pretreatment standard or requirement, said user shall
be assessed an administrative fine in an amount not to exceed $2,500
for each violation. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense.
B.
In addition to the penalties provided herein, the Administrator or
the Borough as the case may be recover reasonable attorney's fees,
court costs, court reporter's fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
these regulations or the orders, rules, regulations and permits issued
hereunder.
C.
Users desiring to appeal such fines must file a written appeal along
with payment in full of the fine assessed within 10 days of being
notified of the fine. The Borough of Akron shall convene a hearing
on the matter within 15 days of receiving the appeal and payment,
in full, of the fine assessed from the user. Appeals under this provision
shall be conducted in the same manner as set forth in Subsection 3B
hereof.
D.
The Borough of Akron and Administrator may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
E.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
7.
Emergency Suspensions. The Administrator or Borough of Akron may
immediately suspend a user's discharge, after attempted telephone
call 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 Administrator or the Borough of Akron may
also immediately suspend a user's discharge, after notice by telephone
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, and/or cause or may cause a violation of the NPDES
Permit of the POTW.
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 Borough of Akron and/or Administrator 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 Akron Borough and/or the Administrator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough that the period of endangerment has passed, unless the termination proceedings in Subsection 8 of this Part are initiated against the user.
B.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Borough of Akron and the Administrator prior to the date of any show cause or termination hearing under Subsection 3 or 8 of this Part.
|
Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
|
8.
Termination of Discharge. In addition to other provisions of this
Part, any user who violates the following conditions is subject to
discharge termination:
A.
Violation of the industrial waste discharge permit conditions.
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge.
C.
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge.
D.
Refusal of reasonable access to the user's premises for the purpose
of inspection, monitoring, or sampling.
E.
Violation of the required pretreatment standards.
F.
Failure to pay surcharges, or user charges, or applicable costs,
penalties or fines.
|
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection 3 of this Part why the proposed action should not be taken. Exercise of this option by the Borough of Akron or the Administrator shall not be a bar to, or a prerequisite for, taking any other action against the user.
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[Ord. 00042, 6/9/2008, § 311]
1.
Injunctive Relief. When a user has violated, or continues to violate,
any provision of this Part, an industrial waste discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
the Borough of Akron and/or Administrator may petition the Court of
Common Pleas of Lancaster County for the issuance of a preliminary
or permanent injunction, or both, as appropriate, which restrains
or compels the specific performance of the industrial waste discharge
permit, order, or other requirement imposed by this Part on activities
of the user. The Borough of Akron and/or the Administrator 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. In the event that the Administrator or Borough of Akron
is successful in such petition, the user shall pay the reasonable
attorney fees, costs and expert witness fees of the Borough and/or
Administrator as the case may be. A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other
action against the user.
2.
Civil Penalties.
A.
In addition to proceeding under any other remedy available at law,
or equity for violation of this Part, the Industrial Waste Discharge
Permit, any order issued hereunder or any other pretreatment standard
or requirement, the Borough of Akron and/or the Administrator may
assess civil penalties against any user who has violated or continues
to violate any of the provisions of this Part, the industrial waste
discharge permit, any order issued hereunder or any other pretreatment
standard or requirement. Civil penalties may be assessed whether or
not the violation was willful or negligent.
B.
Any user who has violated or continues to violate any of the provisions
of this Part, the industrial waste discharge permit, or order issued
hereunder, or any other pretreatment standard or requisite shall be
liable to the Borough of Akron for a civil penalty not to exceed $25,000,
plus actual damages incurred by the POTW per violation, per day as
the violation continues Each violation for each separate day shall
constitute a separate and distinct offense under this section.
C.
In addition to the above-described penalty and damages, the Borough
of Akron and/or Administrator may recover reasonable attorneys fees,
court costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses.
D.
The Borough of Akron shall petition the court to impose, assess and
recover all such sums.
E.
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.
F.
Filing a suit for civil penalties shall not be a bar against nor
a prerequisite for taking any other action against the user.
3.
Criminal Prosecution.
A.
A user who willfully or negligently violates any provision of this
Part, an industrial waste discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall have committed
a summary offense and upon conviction therefore, shall be punished
by a fine of not more than $1,000 per violation, per day, and/or imprisonment
for a term of not more than one year, or both.
B.
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed or required to be maintained, pursuant to this
Part, an industrial waste discharge permit, or order issued hereunder,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under these regulations shall
have committed a summary offense and upon conviction therefore, be
punished by a fine of not more than $1,000 per violation, per day,
and/or imprisonment for a term of not more than one year, or both.
4.
Remedies Nonexclusive. The remedies provided for in this Part are
not exclusive. The Borough of Akron and/or Administrator 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 Administrator's enforcement response plan. However, the Borough
of Akron or Administrator may take other action against any user when
the circumstances warrant. Further, the Borough of Akron and Administrator
are empowered to take more than one enforcement action against any
noncompliant user.
5.
Notices. Whenever the terms of this Part provide for any action to
be taken including notice and the service of documentation with respect
to enforcement of the terms of this Part including termination of
discharge, said notices and opportunities to respond shall be provided
in addition to the user, to the owner of the improved property served
by the POTW, if the owner is different than the user.
[Ord. 00042, 6/9/2008, § 312]
1.
All industrial users shall make application to the Borough of Akron
simultaneous with the application for an industrial waste discharge
permit to the Administrator. If allowed by the Borough of Akron, the
applicant may utilize the same forms and supporting material as submitted
to the Administrator.
2.
The Administrator will not issue an industrial waste discharge permit
or permit exemption unless and until the Borough of Akron has approved
the permit or a permit exemption. If, however, the Borough of Akron
has not issued their respective permit or permit exemption notice
to the applicant within the time limits that the Administrator must
provide permit approval, then in that event, the Administrator will
proceed to provide permit approval, rejection, or exemption in accordance
with this Part. If approval of a permit is granted or permit exemption
is granted, such approval or exemption shall be conditioned upon the
applicant also obtaining approval or exemption of the Borough of Akron.
3.
All industrial users shall provide one copy of all notices, reports,
test information and data required by this Part to the Borough of
Akron.
4.
Verification of the transmittal of information shall be provided
to the Administrator as part of the similar transmittal of information
required by the Administrator in this Part.
5.
The Administrator will administer the industrial waste penalties
pursuant to this Part and/or pursuant to the Publicly Owned Treatment
Works Penalty Law (POTW Penalty Law), 35 P.S. § 752.1 et
seq.
[Ord. 00042, 6/9/2008, § 313]
1.
Every "notice," "request," "requisition," "order," "demand," "application," "statement," "report," "certification," "consent," or similar action hereunder shall, unless the form thereof is specifically provided, be in writing signed by the user or the authorized representative of an industrial/commercial user making, sending, issuing or publishing the item pursuant to § 18-304, Subsection 2C, hereof, or in the case of the Administrator signed by the Superintendent or his duly authorized representative, and served by personal service or registered or certified mail (return receipt required), unless otherwise specifically indicated.
2.
Service upon any authorized representatives of an industrial/commercial
user as defined herein shall constitute service upon the user.
