[Amended 6-7-1982 by Ord.
No. 368; 2-6-1989 by Ord. No. 406; 3-7-2011 by Ord. No. 518]
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
Federal Water Pollution Control Act, also know as the "Clean
Water Act," as amended 33 U.S.C. § 1251 et seq.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in § 364-28 and 40 CFR 403.5(a)(1) and (b). 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.
Any regulation containing pollutant discharge limits set
forth by the EPA that apply to a specific category of industrial users
and that appear 40 CFR Chapter I, Subchapter N.
Code of Federal Regulations.
The wastes generated from a commercial operation as distinct
from domestic and industrial sewage.
A combination of individual samples obtained at regular intervals
over the period of discharge. Whenever practical, composite samples
shall be proportionate to flow rate so as to be representative of
the discharge during the period of sampling. When an industrial waste
discharge is collected over a period of time and discharged as a daily
basis or less frequent batch, a single sample from the batch shall
be considered a composite sample for purposed of this article.
The discharge of a pollutant measured during a calendar day
or any twenty-four-hour period that reasonably represents the calendar
day for purposes of sampling. For pollutants with limitations expressed
in units of mass, the "daily discharge" is calculated as the total
mass of the pollutant discharged over the day. For pollutants expressed
in other units of measurement (i.e., mg/l), except for pH, the "daily
discharge" is calculated as the arithmetic average measurement of
the pollutant derived from all measurements taken that day or by the
measurement of a composite sample taken that day.
Indirect discharge.
The water-borne waste derived from ordinary living processes.
Any source of discharge that is not a new source.
Solid waste from the preparation, cooking and dispensing
of food, and from the handling, storage and sale of produce.
A mechanical device that shreds or grinds food into small
particles for the purpose of sewage disposal.
The General Manager of the City of York Wastewater Treatment
Plant or his duly authorized representatives or designees.
An individual sample that is taken from a wastestream without
regard to the flow in the wastestream and over a period of time not
to exceed 15 minutes.
The residue from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particles shall
be carried freely in suspension under the normal flow conditions prevailing
in the sewer conduit to which they are contributory and those prevailing
in public sewers with no particle greater than 1/2 inch in any dimension.
The introduction of pollutants into the POTW from any nondomestic
source.
Any user that discharges industrial wastes.
The wastes from industrial processes as distinct from domestic
and commercial sewage.
The concentration not to be exceeded at any time in any grab
sample.
A device designed and installed so as to separate and retain
deleterious, hazardous, or undesirable matter from normal wastes,
while allowing normal sewage or wastes to discharge into the drainage
system by gravity.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA), and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA), the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research and Sanctuaries Act [40 CFR 403.3(k)].
Specific discharge limits developed and enforced by the City
of York upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b). Local limits are found at Section 931.02(b)(2), Section 931.02(b)(6),
and Section 931.02(b)(13).
The highest allowable daily discharge of a pollutant.
Milligrams per liter.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Clean Water Act if such standards are
thereafter promulgated in accordance with that section (provided that
certain conditions dealing with the construction and sitting of that
source vis-a-vis other sources are met) [40 CFR 403.3(m)(1)].
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation) [40 CFR 403.3(p)].
Any individual, partnership, 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, the singular
shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions in grams per liter of solution. It is a measure of the
acidity or alkalinity of a solution expressed in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
by other means, except as prohibited by 40 CFR 403.6(d). Appropriate
pretreatment technology includes control equipment, such as equalization
tanks or facilities, for protection against surges or slug loadings
that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater
from another regulated process, the effluent from the equalization
facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
Categorical standards, standards established by 40 CFR 403.5(b),
and local limits.
A treatment works as defined by Section 212 of the Act, which
is owned by a state or municipality (as defined by Section 502(4)
of the Act);this definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers,
pipes and other conveyances only if they convey wastewater to a POTW
treatment plant. The term also means the municipality as defined in
Section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment work [40 CFR
403.3(q)].
A sewer that carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
All facilities for collection, pumping, treating and disposing
of sewage (see publicly owned treatment works-POTW).
Except as provided in Subsections C and D of this definition:
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of 25,000 gallons per day (gpd) or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the City of York on the basis that
it has a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
The General Manager may determine that an industrial user subject
to categorical pretreatment standards is a nonsignificant categorical
industrial user rather than a significant industrial user on a finding
that the industrial user never discharges more than 100 gallons per
day (gpd) of total categorical wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewater, unless specifically included
in the pretreatment standard) and the following conditions are met:
The industrial user, prior to the General Manager's finding,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the certification statement
required in 40 CFR 403.12(q), together with any additional information
necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Upon a finding that a user meeting the criteria in Subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the General Manager may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in federal pretreatment requirements of 40 CFR Chapter I, Subchapter N, determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 364-28 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
A sewer that carries storm and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
The total nonfilterable residue retained on a glass fiber
filter, 0.45 micron, and dried at a temperature of 103° C. -105°
C. to a constant weight.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of the Clean Water Act 307(a)
or other Acts.
The City of York Wastewater Treatment Plant, 1701 Black Bridge
Road, York, PA 17402.
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards because
of factors beyond the reasonable control of the industrial user. An
upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper
operation [40 CFR 403.16(a)].
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, ground water, roof run-off or substance drainage into
any sanitary sewer. Swimming pool drainage shall be allowed provided
the Pennsylvania Department of Environmental Protection swimming pool
water discharge guidelines are followed, including dechlorination
and neutralization of water prior to discharge to an on-site sanitary
sewer cleanout. The addition of cooling water or unpolluted water
or an increase in the use of process water for the purpose of reducing
the concentrations of substances that are limited or prohibited by
this article or federal pretreatment standard or requirement shall
be prohibited. No user shall ever increase the use of process water,
or in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The General Manager 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.
B.
Except as hereinafter provided, no person shall discharge or cause
to be discharged at any time any of the following described wastes
or waters into any sanitary sewer or drain connected therewith. Pollutants,
substances or wastewaters prohibited by this section shall not be
processed or stored in such a manner that they could be discharged
to the POTW.
(1)
Any liquid or vapor having temperature which shall inhibit biological
activity in the treatment plant resulting in an inhibition or disruption
of the treatment plant process, but in no case wastewater with a temperature
upon reaching the treatment plant which exceeds 40° C. (104°
F.) or upon reaching the public sewer of 49° C. (120° F.).
(2)
Any water or waste containing more than 100 mg/l by weight of total
hexane-extractible materials, commonly referred to as oil and grease,
as per EPA Method 1664.
(3)
Any garbage that is not ground garbage.
(4)
Any ashes, cinders, sand, mud, straw, hay scraps, rags, shavings,
metal, glass, bones, feathers, rubber, tires, plastic, wood, paunch
manure, butchers' offal, grease or solid fat, floating oil or any
other solids or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of the sewage works.
(5)
Any water or waste having at any time a pH lower than 5.5 or higher
than 11.0 or having any corrosive property capable of causing damage
or hazards to structures, equipment or personnel or the sewage works
or affecting the biological treatment of the waste.
(6)
Any water or waste containing any substances in excess of the following
concentrations, provided that the General Manager may waive this requirement
on a case-by-case basis to impose an equivalent mass discharge limit
when an industrial user implements water conservation measures:
[Amended 12-5-2011 by Ord. No. 524]
|
Substances
|
Daily Discharge Limit
(mg/l)
|
|---|---|
|
Arsenic, total
|
0.2
|
|
Cadmium, total
|
0.16
|
|
Chromium, total
|
0.9
|
|
Copper, total
|
1.3
|
|
Cyanide, total
|
0.6
|
|
Lead, total
|
0.34
|
|
Mercury, total
|
0.05
|
|
Molybdenum, total
|
3.0
|
|
Nickel, total
|
1.5
|
|
Selenium, total
|
0.5
|
|
Silver, total
|
1.3
|
|
Zinc, total
|
3.7
|
(7)
Any water or waste containing pollutants of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant, unless a permit is obtained in accordance with § 364-29.
(8)
Any water or waste containing any pollutant, including oxygen demanding
pollutants (BOD, etc), released at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, causes
interference or pass-through.
(9)
Any toxic radioactive isotopes, without special permit. Biomedical
waste disposal in accordance with 10 CFR Part 20 "Standards for Protection
Against Radiation" is permitted.
(10)
Any substance which may form a deposit tending to cause a stoppage
or injure, in any way, the sewage works.
(11)
Any tar or by-products from any gas works or similar establishment.
(12)
Any infectious waste, which is defined as any substance which
consists of or is contaminated by pathogens or other etiologic agents,
and which has not been sterilized, neutralized, or otherwise rendered
harmless. Infectious waste includes, but is not limited to: contaminated
blood, blood products or other bodily fluids (excepting excreta discharged
by normal bodily functions); wastes, including excrete, from patient
isolation areas; laboratory samples or test materials; animal wastes
and bedding; body parts; pathology and autopsy wastes; and glassware,
hypodermic needles, surgical instruments and other sharps.
(13)
Any water or waste by any person having any average daily discharge
to the sewage works of more than 5,000 gallons per day with a daily
average concentration of more than 3,000 mg/l of BOD.
(14)
Pollutants which create a fire or explosion hazard in the POTW,
including, but not limited to, wastestreams with a closed cup flashpoint
of less than 140° F. or 60° C. using the test methods specified
in 40 CFR 261.21.
(15)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(16)
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.
(17)
Any trucked or hauled pollutants, except at discharge points
designated in writing by the General Manager of the POTW.
(18)
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or prevent entry
into the sewers for maintenance or repair.
(19)
Wastewater that imparts color that cannot be removed by the
POTW treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions, which consequently imparts color to the
treatment plant's effluent.
(20)
Sludges, screenings, or other residues from the pretreatment
of industrial wastes.
(21)
Detergents, surface-active agents, or other substances that
might cause excessive foaming in the POTW or its effluent.
C.
The federal pretreatment regulations do not allow a waiver of pretreatment
standards, or local limits, for categorical industrial users. The
City of York hereby incorporates by reference all federal categorical
pretreatment standards at 40 CFR Chapter I, Subchapter N, as if they
were fully set forth herein, and such standards shall be the standards
applied under this chapter to the appropriate classes of industrial
user.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the General Manager may impose equivalent concentration or mass limits
as allowed by federal pretreatment regulation.
(2)
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the General
Manager may convert the limits to equivalent limitations expressed
either as a mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
(3)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the General
Manager shall impose an alternate limit in accordance with 40 CFR
403.6(e).
(4)
A categorical industrial user may obtain a net/gross adjustment to
a categorical pretreatment standard in accordance with the requirements
of 40 CFR 403.15.
(5)
When a categorical pretreatment standard is expressed only in terms
of pollutant concentrations, an industrial user may request that the
General Manager convert the limits to equivalent mass limits. The
determination to convert concentration limits to mass limits is within
the discretion of the General Manager. The General Manager may establish
equivalent mass limits only if the industrial user meets all of the
requirements of 40 CFR 403.6(c)(5)(i)(A) through 40 CFR 403.6(c)(5)(i)(E).
(6)
The General Manager may, at his discretion, convert the mass limits
of the categorical pretreatment standards of 40 CFR Part 414, 419
and 455, and other parts as EPA may amend from time to time, to concentration
limits for the purposes of calculating limitations applicable to individual
industrial users. The industrial user shall meet the requirements
of 40 CFR 403.6(d) regarding dilution and 40 CFR 403.17 regarding
by-pass, and, for those industrial users that mix process effluent
prior to treatment with wastewater other than those generated by the
regulated process, shall provide information regarding the pollutant
concentrations and wastestream flows at the sample point.
(7)
Once included in its permit, the industrial user must comply with
the equivalent limitations developed in this section in lieu of the
promulgated categorical standards from which the equivalent limitations
were derived.
(8)
Many categorical pretreatment standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average, or four-day average, limitations. Where such
standards are being applied, the same production or flow figure shall
be used in calculating both the average and the maximum equivalent
limitations.
(9)
Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the General Manager within two business days after the
user has a reasonable basis to know that the production level will
significantly change within the next calendar month. Any user not
notifying the General Manager of such anticipated change will be required
to meet the mass or concentration limits in its permit that were based
on the original estimate of the long-term average production rate.
(10)
The General Manager may impose mass limitations in addition
to concentration limitations. The General Manager may approve accepting
discharges from a permitted industrial user that are of unusual strength
or character based on water conservation or other resource conservation
measures employed by the industrial user. Mass limitations may be
determined where allowed by Federal and local regulations, such as
converting concentrations to mass, allocating maximum allowable headworks
loadings or any other method deemed appropriate.
D.
The General Manager may develop best management practices (BMPs)
in individual wastewater discharge permits to implement local limits,
the requirements of 931.02(b) and 40 CFR 403.5(a)(1) and (b), and
certain established categorical pretreatment standards and effluent
limits.
A.
Treatment of industrial wastes. This article sets forth uniform requirements
for users of the publicly owned treatment works and enables the POTW
to comply with all applicable state and federal laws, including the
Clean Water Act (33 U.S.C. § 1251 et seq.) and federal pretreatment
standards and requirements [Title 40 of the Code of Federal Regulations(CFR)
Chapter I, Subchapter N). The economy and desirability of the combined
treatment of industrial wastes and sanitary sewage is recognized.
However, not all types and quantities of industrial wastes can be
so treated. Hence it shall be the established policy of the City of
York and West York Borough to admit those types and quantities of
industrial wastes that are not harmful or damaging to the structures,
processes or operation of the sewage works or are not specifically
prohibited by this article. It is also recognized that to provide
this service, additional facilities are required, the cost of which
shall be borne by those persons receiving benefits. Additionally,
the City of York, West York Borough, and industry shall comply with
federal pretreatment regulations. To correctly evaluate such users
or potential users, all facilities that would otherwise be subject
to categorical pretreatment regulations must submit a complete wastewater
permit application at least 90 days before the commencement of operations,
regardless if the facility intends to discharge wastewater or not.
Each user must notify the General Manager of any significant changes
to the user's operations or system that might alter the nature, quality
or volume of its wastewater at least 30 days before the anticipated
change.
B.
Approval required for industrial wastes.
(1)
In order to control the admission of industrial waste, the discharge
into any sanitary sewer of any industrial waste having the following
characteristics shall be prohibited unless an industrial wastewater
discharge permit is obtained:
(a)
A daily average BOO concentration greater than 300 mg/l; or
(b)
A daily average suspended solids concentration greater than
350 mg/l; or
(c)
An average daily flow greater than 25,000 gallons per day of
process wastewater; or
(d)
Any toxic pollutant that is found in concentrations greater
than found in domestic sewage; or
(e)
Any wastes which are considered by the General Manager to offer
possibilities of harm to structures, processes, or operation of the
sewage works or to have significant impact, either singly or in combination
with other contributing industries, on the treatment process, the
quality of sludge, the system's effluent quality or air emissions
generated by the system.
(2)
Industries defined as significant industrial users shall be permitted
and/or regulated in accordance with the federal pretreatment requirements
of 40 CFR Chapter I, Subchapter N. Permits shall be granted by the
City of York upon the review and approval of the General Manager.
The City of York reserves the right to deny new or existing contributions
to the system if, because of the volume or characteristics, such wastes
are determined by the City of York to be detrimental to the operation
of the sewage works or have the potential to cause or contribute to
the violation of any laws, regulations, orders or permit conditions
applicable to the City of York or the York City Sewer Authority.
C.
Survey data required. All persons who are now discharging, or are planning to discharge, industrial wastes into any sanitary sewer shall upon the request of the General Manager or his designee, complete and file with the General Manager, a permit application which furnishes pertinent data, inclusive of quantity of flow and analysis of the industrial wastes discharged, as set forth in Subsection L hereof. Any person desiring to make a new connection, a new discharge, or a significant change in the volume, nature, or rate of a discharge, shall complete and file with the General Manager a permit application which furnishes pertinent or predicted data inclusive of quantity of flow and an analysis of the industrial waste to be discharged into the sewage works as set forth in Subsection L hereof. Such permit application shall be submitted at least 120 days before the expected or change in discharge is to occur.
D.
Industrial wastewater discharge permit application.
(1)
In order to receive a permit to discharge wastes requiring approval under Subsection B, a completed permit application shall be filed with the General Manager. Information required for industrial users includes, but is not limited to:
(a)
Identifying and contact information, including the facility
name, address, and name of operator and owner.
(b)
Operation information including a description of activities,
facilities and plant production processes, production rates for the
types of products and or processes, number of employees, and hours
of operation. A schematic process diagram, facility site plans, floor
plans, mechanical plans and plumbing plans may be required.
(c)
A list of any state, federal or local environmental control
permits held by or for the facility.
(d)
The type and amount of raw materials and chemicals used or stored
at the facility and the types and quantities of wastes generated.
(e)
The time and duration of discharges from all processes, and
the location(s) for monitoring all wastes, including, process flow
measurements and wastewater flow measurement, and incoming water flow
measurement and records.
(f)
Results of wastewater sampling and analysis that identifies
the nature and concentration (or mass) of pollutants.
(g)
A baseline monitoring report if the industrial user is subject
to categorical standards and a description of any best management
practices that will be utilized.
(2)
Any person discharging industrial wastes into any sanitary sewer
at the time of passage of this article and requiring a permit shall
apply within 90 days after the effective date of this article. All
such persons are considered to have a valid permit until such time
as the City of York shall act upon the permit application. It shall
be the duty of the industrial and commercial user to maintain operations
in compliance with federal, state and local regulations.
(3)
The applicant shall submit to the General Manager with the permit
application a nonrefundable permit application fee made payable to
the City of York. Such fee shall be assessed in accordance with a
schedule established by resolution of the Council of the City of York.
(4)
No permit shall be granted to any person unless he agrees to indemnify
and to save the City of York, its officers, employees and agents harmless
from any and all claims, costs, damages and liabilities which may
accrue or be claimed to accrue by reason of the permitted waste disposal
activity. An indemnification and release shall be part of the permit
application.
E.
Permit conditions and contents. Industrial wastewater discharge permits
shall be expressly subject to all provisions of this article and all
other applicable state, federal and local regulations, and user charges
and fees established by the City of York. Where federal pretreatment
regulations impose additional requirements or more stringent limits
than those stated in the permit, these requirements and limits become
part of the permit whether or not they are stated in the permit. The
City of York reserves the right to establish by ordinance or wastewater
discharge permit, more stringent standards or requirements on discharges
to the POTW consistent with the purpose of this chapter. Permits may
contain, but are not limited to, the following:
(1)
Limits on the average and maximum wastewater constituents and characteristics,
including best management practices;
(2)
Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization;
(3)
Requirements for the installation and maintenance of inspection and
sampling facilities and equipment, including flow measurement and
other devices, and the calibration of such devices;
(4)
Specifications for self-monitoring programs that may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
(5)
Compliance schedules;
(6)
Requirements for submission of compliance reports, self-monitoring
reports and technical reports or discharge reports;
(7)
Requirements for maintaining and retaining records relating to wastewater
discharge for a period of not less than three years, including records
documenting best management practices compliance, and affording the
City of York access thereto;
(8)
Requirements for notification to the City of York of any new introduction
of industrial wastes, potential problems or slug discharges, or substantial
change in the volume or character of the industrial wastes being introduced
into any sanitary sewer;
(9)
Requirements for submission of spill prevention plans, slug discharge
control plans and/or requirements to control slug discharges, and
implementation of best management practices (BMPs) necessary to adequately
prevent accidental, unanticipated or nonroutine discharges.
(10)
Requirements for installation of means to prevent spills of
hazardous materials, untreated waste, raw materials, intermediates
or product into the sewage works;
(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 treatment works;
(12)
Requirements for the development and implementation of waste
minimization plans to reduce the amount of pollutants discharged to
the POTW;
(13)
Other conditions as deemed appropriate by the City of York to
ensure compliance with this article, and state and federal laws, rules
and regulations;
(14)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, permit and ordinance requirements
and any applicable compliance schedule.
F.
Compliance with permits.
(1)
Permit holders shall comply with the conditions of the permit and
failure to do so constitutes a violation of this article.
(2)
Should a permit holder significantly change the volume of its discharge
or change its character for any reason, he shall immediately notify
the General Manager of such changes and the General Manager may require
an application for a new permit.
(3)
A permit may be suspended or revoked in whole or in part, or modified,
by the General Manager for cause, including, but not limited to the
following:
(a)
Violation of any terms or conditions of the permit;
(b)
Obtaining the permit by misrepresentation or failure to disclose
fully all relevant facts;
(c)
A change in any condition, including, but not limited to, changes
in state or federal regulations or changes in the treatment process
that require either a temporary or permanent reduction or elimination
of the permitted discharge.
(4)
All categorical industrial users are required to be regulated in
accordance with federal pretreatment regulations.
G.
Permit duration and evaluation. An industrial wastewater discharge
permit shall be issued for a specified time period not to exceed three
years from the effective date of the permit. A wastewater discharge
permit may be issued for a period less than three years at the discretion
of the General Manager. A permit holder shall apply for permit reissuance
by submitting a complete permit application a minimum of 120 days
prior to the expiration of the existing permit. The General Manager
will evaluate the data furnished by the user and may require additional
information. The terms and conditions of the permit may be subject
to modification by the City of York during the term of the permit
should changes in federal pretreatment regulations occur, changes
at the facility occur, or other just cause exists. Any changes or
new conditions in the permit shall include a reasonable time schedule
for compliance. The General Manager may deny any application for a
wastewater discharge permit. All wastewater discharge permits issued
to a user are void upon the issuance of a new wastewater discharge
permit to that user. Wastewater discharge permits shall be void upon
cessation of operations.
H.
Permit issuance procedures. A permit shall be issued with a minimum thirty-day comment period between the issuance date and effective date. The permit holder may submit written comments on the permit conditions during the comment period for review and response by the General Manager. The permit may be modified by the General Manager in response to comments. Upon the expiration of the comment period, on the effective date of the permit, the permit shall become effective, subject to the right of appeal as set forth in § 364-43.
I.
Permit transfer. Industrial wastewater discharge permits are issued
to a specific person for a specific operation. A wastewater discharge
permit shall not be reassigned, transferred, sold, applied to different
premises or a new or changed operation without the written approval
of the General Manager.
J.
Pretreatment. All persons using the sewage works shall provide wastewater
treatment as required to comply with this article and with all federal
pretreatment standards, requirements and prohibitions within the time
limitations specified by federal regulation or other limits that may
from time to time be set by regulatory agencies.
(1)
Any facilities necessary for compliance shall be provided, operated,
and maintained at the user's expense. Detailed plans describing such
facilities and operating procedures shall be submitted to the General
Manager before such facilities are constructed. The submission of
such plans and operating procedures shall in no way relieve the user
from the responsibility of modifying such facilities as necessary
to produce a discharge acceptable to the POTW under the provisions
of this article.
(2)
Whenever deemed necessary, the General Manager may require users
to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams, and such other conditions as may be
necessary to protect the POTW and determine the user's compliance
with the requirements of this article.
(3)
The General Manager may require any person discharging into the POTW
to install and maintain, on their property and at their expense, a
suitable storage and flow-control facility to ensure equalization
of flow. An individual wastewater discharge permit may be issued solely
for flow equalization.
(4)
Users with the potential to discharge substances harmful to the POTW,
which includes the sewer system, (i.e., flammable substances, corrosive
substances) may be required to install and maintain detection meters
or monitoring devices.
K.
Certification of reports.
(1)
Any person signing a permit application, baseline monitoring report, periodic self-monitoring report, questionnaire, compliance schedule, BMP submission or documentation, final compliance report, periodic compliance report, and any other required report shall make the following certification and be signed in accordance with the signatory requirements of § 364-29R:
"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."
L.
Sampling and analysis. The holder of an industrial wastewater discharge
permit shall furnish the General Manager with written and signed reports
of sample analysis at a frequency specified in the industrial wastewater
discharge permit. Data used to satisfy reporting requirements must
be based on samples collected during the reporting period and must
be representative of conditions during the reporting period.
(1)
If a user monitors any regulated pollutant at the appropriate sampling
location more frequently than required by the General Manager, the
results of the monitoring shall be submitted to the City of York.
(2)
Samples to be used for surcharge purposes shall be composite samples
and be representative of the discharge from the facility. Grab samples
may be used for surcharge purposes where the physical setup of the
facility so dictates or wastewater is collected over a period of time
and is discharged as a daily basis or less frequent batch basis. Grab
samples that may represent an unusual discharge from the facility
may be used for surcharge purposes for the period of time and volume
such discharges occurred.
(3)
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
(4)
Samples shall be collected, preserved and analyzed promptly, in accordance
with 40 CFR Part 136 to insure accurate results. If 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods approved by the EPA. Pennsylvania laboratories or facilities
that test or analyze environmental samples to demonstrate compliance
with an industrial wastewater discharge permit, this chapter or pretreatment
standard shall be in compliance with the laboratory accreditation
requirements of Act 90 of 2002 (27 Pa.C.S.A. §§ 4101-4113)
or the National Environmental Laboratory Accreditation Program (NELAP),
relating to environmental laboratory accreditation. Laboratories or
testing facilities outside of Pennsylvania that test or analyze environmental
samples to demonstrate compliance with an industrial wastewater discharge
permit, this article or pretreatment standard shall be in compliance
with the laboratory accreditation requirements of the National Environmental
Laboratory Accreditation Program (NELAP), relating to environmental
laboratory accreditation.
(5)
City of York representatives may sample and inspect the waste by
composite sample or by grab sample in order to verify the analysis
being submitted by the industry. If the results obtained by the City
of York differ from those obtained by the industrial user, the City
of York will notify the industrial user and conduct confirmatory sampling
and/or investigate the sampling, preservation, and testing methods
employed.
(6)
No person shall maliciously, willfully, or negligently break, damage,
destroy, uncover, deface, tamper with or prevent access to any structure,
appurtenance or equipment, or other part of the POTW.
(7)
If sampling performed by a user indicates a violation, the user must
notify the General Manager within 24 hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the General Manager within
30 days after becoming aware of the violation. Where the City of York
has performed the sampling and analysis in lieu of the user, the City
of York must perform the repeat sampling and analysis unless it notifies
the user of the violation and requires the user to perform the repeat
analysis. Resampling is not required if the City of York performs
sampling of the user between the time when the initial sampling was
conducted and the time when the user or the City of York receives
the results of this sampling.
M.
Control manhole. Any significant industrial user, and any other industrial
user that the General Manager deems, discharging industrial wastes
into any sanitary sewer shall construct and maintain at their expense
a suitable control manhole, or manholes, downstream from any treatment
storage, or other approved works, to facilitate observation, measurement
and sampling of all wastes, including domestic sewage, from the establishment.
The control manhole or manholes shall be placed at suitable locations
to provide safe access and representative sampling. The control manhole
shall comply with applicable construction standards and specifications
in accordance with the General Manager's requirements and shall be
constructed and maintained in such a manner to enable the placement
of sampling equipment and to enable the General Manager to perform
monitoring activities. The control manhole shall be accessible to
the General Manager or his representatives at all times for sampling,
and shall not be obstructed or located within secure areas such that
the General Manager cannot gain unrestricted access.
N.
Slug discharge.
(1)
The
person in charge of a facility shall notify the General Manager or
his designated representative immediately in the case of any upset,
slug discharge or other discharge of unusual strength, volume, or
other characteristics, whether or not such discharges are in violation
of the wastewater discharge permit. In such a case, in addition to
the immediate report, the user shall submit a written report within
five days of the incident specifying:
(a)
Description of the upset, the cause thereof and the upset's impact
on a user's compliance status.
(b)
Duration of noncompliance, including exact dates and times of noncompliance,
and if the noncompliance continues, the time by which compliance is
reasonably expected to occur.
(c)
All steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset or other conditions of noncompliance.
(2)
Whenever changes are made at a facility that may affect the
potential for a slug discharge to occur, the user shall notify the
General Manager in advance, if possible, or within 24 hours of making
such changes.
O.
Slug discharge control plans. The General Manager shall evaluate
whether each significant industrial user needs a slug discharge control
plan or other action to control slug discharges. Such evaluation shall
occur within one year of an industrial user being identified as significant.
The General Manager may require any user to develop, submit for approval,
and implement such a plan or take such other action that may be necessary
to control slug discharges. Alternatively, the General Manager may
develop such a plan for any user. The POTW may choose to require a
significant industrial user to take specific, preventative physical
or procedural actions instead of requiring the development of a slug
control plan. Such preventative actions and any slug control plan
development requirements shall be included in the SIU's control mechanism.
Any changes at a user's facility can cause the General Manager to
reevaluate the need for a slug control plan. An accidental discharge/slug
discharge control plan shall address, at a minimum, the following,
in addition to any other items the General Manager may determine:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the General Manager of any accidental or slug discharges, as required by § 364-29N; and
(4)
Procedures to prevent adverse impact from any accidental spills 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.
P.
Fees for sampling, analyses and inspections. The City of York or
its designated agent shall inspect properties discharging waste other
than domestic wastewater into the sewage works and obtain and analyze
samples therefrom to enforce provisions of this article, to comply
with local, state, and federal requirements, and to determine applicable
surcharges. Fees for such services shall be assessed in accordance
with a schedule established by administrative order based on costs.
Fees for such services provided by independent laboratories shall
be invoiced at cost.
Q.
Spill prevention plans. Any person storing any material in excess
of the threshold planning quantity established by SARA Ill, the Emergency
Planning and Community Right to Know Act, shall submit a spill prevention,
control and countermeasure plan addressing the potential of an accidental
discharge to the sewer system to the General Manager for review and
approval. Any industrial user storing flowable solids in bulk in excess
of 500 pounds, or any liquids in excess of 100 gallons (except for
water and heating oil stored for use on the premises), shall report
this to the General Manager annually, including the quantity and nature
of each such material, and shall develop and submit a spill prevention,
control and countermeasure plan if so directed by the General Manager.
R.
Signatory requirements. Industrial user reports and submissions requiring
signature and certification, which include, but are not limited to,
permit applications, industrial questionnaires, baseline monitoring
reports, compliance schedules, BMPs, final compliance reports and
periodic compliance reports, shall be signed by an authorized or duly
authorized representative as follows:
(1)
By a responsible corporate officer, if the industrial user submitting
the reports is a corporation. For the purpose of this subsection a
"responsible corporate officer" means:
(a)
A president, secretary, treasurer, or vice president of the
corporation in charge of a principle business function, or any other
person who performs similar policy or decision-making functions for
the corporation; or
(b)
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(2)
By a general partner or proprietor if the industrial user submitting
the reports is a partnership or sole proprietorship respectively.
(3)
By a duly authorized representative of the individual designated in Subsection R(1) or (2) of this section if:
(b)
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial 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 General Manager
of the POTW.
(4)
If an authorization under Subsection R(3) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection R(3) of this section must be submitted to the General Manager of the POTW prior to or together with any reports to be signed by an authorized representative.
S.
Hauled wastewater. The General Manager may prohibit or accept the
disposal of hauled industrial or nonindustrial wastewater to the POTW.
In no case shall any hazardous waste as that term is defined by the
Resource Conservation and Recovery Act be discharged as hauled waste.
(1)
Hauled or trucked wastewater may be introduced into the POTW only
at locations designated by the General Manager, and at such times
as are established by the General Manager. The General Manager may
refuse a hauler or generator the ability to discharge a particular
hauled wastewater load if it cannot be determined that the load will
not violate the requirements of this chapter or any federal or state
pretreatment or waste requirements, or cause interference, pass-through
or biosolids contamination. The discharge of hauled wastewater is
subject to all other requirements of this chapter and applicable State
and Federal laws. The General Manager may develop procedures to ensure
compliance with this chapter and state and federal requirements.
(2)
The General Manager may require the haulers and/or generators of
hauled or trucked industrial or nonindustrial wastewater to obtain
wastewater discharge permits.
(3)
No individual load may be discharged into the POTW without the prior
consent of the General Manager. The issuance of a permit to a hauler
or generator does not constitute consent to discharge nor guarantee
the ability to discharge any particular load. The General Manager
may collect samples of each hauled load to ensure compliance with
this article, any federal pretreatment standards and state and federal
law. The General Manager may require the industrial wastewater hauler
to provide a waste analysis of any load prior to discharge.
(4)
Industrial wastewater 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.
T.
Additional measures. Whenever deemed necessary, the General Manager
may require users to restrict their discharges during peak flow periods,
designate that certain wastewater be discharged only into specified
sewers, relocate and/or consolidate points of discharge, separate
sewage wastestreams from industrial wastestreams, and such other conditions
as may be necessary to protect the POTW and/or determine the user's
compliance with the requirements of this article or the user's permit.
U.
Reports from unpermitted users. All industrial or commercial users
not required to obtain a wastewater discharge permit shall provide
appropriate reports to the General Manager as the General Manager
may require.
V.
Compliance schedules. The following conditions shall apply to a compliance
schedule for meeting categorical pretreatment standards under 40 CFR
403.12:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable Pretreatment Standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred above shall exceed nine months;
(3)
The user shall submit a progress report to the General Manager 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 to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for any delay, and the steps being taken by the user to
return construction to the established schedule. In no event shall
more than nine months elapse between such progress reports to the
General Manager.
W.
Reports on compliance with categorical pretreatment standard deadline.
The following conditions shall apply to a compliance schedule for
meeting categorical pretreatment standards under 40 CFR 403.12:
(1)
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 industrial user subject to pretreatment standards and requirements
shall submit to the General Manager a report containing the information
required for a baseline report required under 40 CFR 403.12 (b)(4)-(6).
For industrial users subject to equivalent mass or concentration limits
established by the City of York in accordance with the requirements
of 40 CFR 403.6(c), this report shall contain a reasonable measure
of the user's long-term production rate. For all other industrial
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.
The General Manager and other duly authorized employees of the
City of York bearing proper credentials and identification shall be
permitted to enter upon all properties at reasonable times to carry
out all inspection, surveillance, observation, measurement, monitoring
procedures, sampling and testing necessary to determine, independent
of information supplied by industrial users, compliance or noncompliance
with applicable pretreatment standards and requirements and ordinance
requirements by industrial users. The General Manager shall have the
right to enter any premises of any industrial user in which a discharge
source or treatment system is located, or in which records are required
to be kept under 40 CFR 403.12(o), to ensure compliance with pretreatment
standards or requirements, any wastewater discharge permit, the requirements
of this chapter, or an order issued hereunder. Users shall allow the
General Manager ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying,
and the performance of any additional duties. The Authority of the
General Manager shall be at least as extensive as the authority provided
under Section 308 of the Clean Water Act.
A.
Where a user has security measures in force that require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security personnel so that, upon presentation
of suitable identification, the General Manager shall be permitted
to enter without delay for the purposes of performing specific responsibilities.
B.
The General Manager 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.
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 General Manager
and shall not be replaced. The costs of clearing such access shall
be the responsibility of the user.
D.
If the General Manager has been refused access to a building, structure,
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this article, or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the City of York designed to verify
compliance with this article or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, the General Manager may seek issuance of a search warrant
from the appropriate court.
A.
All owners or users of private sewers shall not, either directly
or through an intervening public or private storm sewer, drain domestic
sewage into any natural or man-made watercourse within the West York
Borough limits. Any such discharge shall be discontinued immediately
upon notice from the City of York or West York Borough, with the notice
served upon such owner or user, or, if nonresident in West York Borough,
upon the agent thereof or upon the party in possession, and if there
is no agent or party in possession, then by notice posted upon the
most public part of the property. Such owner shall cease discharge
and at his own expense, connect his house drain with the sanitary
sewer system. Nothing herein shall forbid the continuation of the
drainage through such private or public stormwater sewers of roof,
surface or ground water.
B.
The discharge or spilling of industrial waste or wastewater or of
any hazardous, toxic, colored or oil-bearing matter into a natural
watercourse either directly or indirectly via public or private storm
sewer, ditch or culvert is prohibited unless such discharge is in
accordance with the permit issued by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection or consists of unpolluted cooling, boiler or distilled
water.
A.
Every garage or other structure for the housing, sale or repair of
vehicles in which vehicles are washed, cleaned or repaired shall,
before being connected with the sewage works, be provided with proper
means for draining the floors and repair pits, as hereinafter provided.
B.
Any drain in the floor or repair pit of any garage or other structure
for the housing, sale or repair of vehicles, shall have a special
connection discharging through an interceptor, which shall be located
under the direction of the City of York, before being connected to
the house drain. The interceptor shall be so arranged as to intercept
all oils, gasoline or other flammable fluids, as well as sand, silt
and other solids, for the purpose of excluding the same from the sewage
works. It shall be water-tight, so located as to be provided a suitable
approved manhole frame and cover, and shall be of design and capacity
approved by the City of York. The oils and other flammable fluids
that accumulate in such interceptors shall be pumped or otherwise
removed, and the interceptors shall be so maintained as to insure
the exclusion of the same from the sewage works. They shall be kept
free from sand, silt or other solids and shall be subject to regular
inspection by the City of York. The contents of the same shall be
promptly disposed of after removal to the satisfaction of the City
of York.
C.
Every garage or other structure used for the housing, sale or repair
of vehicles connected with any public or private sewer shall be provided
with a floor drain and interceptor in accordance with this section
within 60 days after notice from the City of York.
All persons storing or using flammable or hazardous materials
or discharging matter likely to obstruct any part of the sewage works
or injure same or cause a nuisance, shall not connect to any sanitary
sewer except through interceptors, catch basins or screens as may
be prescribed by the City of York. Nothing in this section shall be
interpreted as superseding the limitations and prohibitions on the
discharge of particular wastes or waste characteristics as set forth
elsewhere in this article.
A.
All hotels, restaurants, boarding houses and public eating places,
before draining into the sewage system, shall install grease interceptors
on fixtures as required by the City of York.
B.
The greases, oils and solid materials that accumulate in such interceptors
shall be pumped or otherwise removed, and the interceptors shall be
so maintained as to insure the exclusion of the same from the sewage
works. They shall be subject to regular inspection by the City of
York. The contents of same shall be promptly disposed of after removal
to the satisfaction of the City of York. On the notice by the General
Manager, any such establishment may be required to maintain for a
period of three years all records related to maintenance of such interceptors
and the removal of grease therefrom, and to make such records available
to the General Manager on request.
A.
Any owner or other person who violates or refuses to comply with any provision of this article or any notice given under the authority of the same, or who obstructs or interferes with any person in the execution of any of the provisions hereof, shall be subject to the penalty provided in § 364-45.
B.
In addition, the violation of the provisions of this article, or
of any permit issued to an industrial user hereunder, may be declared
to be a public nuisance, subject to the authority of the City Board
of Health, as provided by the Third Class City Code, or West York
Borough. The Board or the Borough may issue orders requiring the abatement,
prevention, or alteration of such a nuisance or take such other action
as shall be deemed necessary to prevent, abate, correct, or avoid
such nuisance.
A.
Sewer rental surcharges for nondomestic wastes.
(1)
In addition to sewer rent for collection and treatment of sewage
discharged into the sewage works by commercial and industrial users,
further charges shall be made for all sewage discharged into the sewage
works having values for certain parameters in excess of certain concentration
thresholds as listed below:
|
Parameters
|
Concentration Thresholds in mg/l
|
|---|---|
|
Ammonia (as nitrogen)
|
15
|
|
Arsenic
|
0.004
|
|
BOD
|
300
|
|
Cadmium, total
|
0.004
|
|
Chromium, total
|
0.06
|
|
Copper, total
|
0.1
|
|
Cyanide, total
|
0.05
|
|
Lead, total
|
0.06
|
|
Nickel, total
|
0.03
|
|
Phosphate (as phosphorus)
|
9.0
|
|
Mercury, total
|
0.0004
|
|
Silver, total
|
0.006
|
|
Suspended solids
|
350
|
|
Zinc, total
|
0.3
|
(2)
The total surcharge shall equal the sum of each of the surcharges
applicable to the waste in accordance with the formula below:
|
SC = 8.34 x Q x (Value of Parameter - Concentration Threshold)
x K/1,000,000
|
|
SC
|
=
|
Surcharge for parameter
|
|
Q
|
=
|
Volume in gallons
|
|
K
|
=
|
Cost factor for parameter
|
(3)
Cost factors shall be established by administrative order based on
toxicity, impact on sludge disposal, pretreatment program goals, and
on costs for treatment. The strength of any sewage subject to surcharge
shall be determined quarterly, or more frequently as the City of York
shall determine, based upon sampling and analysis by the City of York
or its designees. However, the City of York may if it so elects, determine
the strength of the sewage based upon the results of routine sampling
and analysis by the producer of such sewage or the results of analysis
and flow from previous quarters or from the results of analysis and
flow of sewage from similar customers.
B.
Methods of measuring volume for surcharge purposes.
(1)
Whenever a person purchasing all water used from a public water provider
discharges all sewage to the POTW at one point, the volume of water
purchased shall be used as a measure of the quantity of sewage discharged.
(2)
Whenever a person obtains water from other sources or claims that
alternate means of disposal reduces the volume of sewage discharged,
or whenever sewage is discharged at more than one point to the POTW,
the City of York shall require the person to install, at his expense,
a meter or meters, as may be required to measure the volume or volumes
of sewage discharged to the POTW at the point or points of entry.
All meters or other measuring devices installed or required to be
used under any provision of this article may be tested or inspected
by the City of York or by its designee whenever deemed necessary by
the City of York. The owner of the property upon which such measuring
device is installed shall be responsible for its testing, maintenance
and safekeeping, and all repairs thereto shall be made at the property
owner's expense, whether such repairs are made necessary by ordinary
wear and tear or other causes. Owners shall test and or calibrate
meters in a manner and at a frequency satisfactory to the City of
York.
A.
Emergency suspension of service. The City of York may, for good cause shown, suspend the wastewater treatment service to any person when it appears to the City of York that an actual or threatened discharge presents or may reasonably present an imminent or substantial danger to the health or welfare of persons or to the environment, interferes with the operation of the POTW, or violates any pretreatment standard or requirement imposed by this article. In the event of failure to comply voluntarily with a suspension order within the specified time, the City of York may commence judicial proceedings to compel compliance with such order. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. A user affected by an emergency suspension will be entitled to a hearing afterwards at the user's request pursuant to § 364-43 of this article.
(1)
Any user notified of a suspension of its service shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the General Manager 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 General Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the General Manager that the period of endangerment has passed, unless the termination proceedings in § 364-37B of this article are initiated against the user.
(2)
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 discharge and the measures taken to prevent any future occurrence, to the General Manager prior to the date of any show cause or termination hearing under § 364-37D of this article.
B.
Revocation of treatment services.
(1)
The City of York may seek to terminate the wastewater treatment services
to any person and/or revoke a wastewater discharge permit, for good
cause, for, but not limited to, the following reasons:
(a)
Failure to factually report the wastewater constituents and
characteristics of its discharge;
(c)
Violation of this article or any permit or order issued under
this article following within one year a prior violation of the same
kind;
(d)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(e)
Falsifying self-monitoring reports and certification statements;
(f)
Tampering with monitoring equipment;
(h)
Failure to pay civil penalties assessed under this article;
(i)
Failure to pay sewer charges, surcharges or fees for services;
(j)
Failure to meet compliance schedules;
(l)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility.
(2)
Such person will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 364-37D of this article why the proposed action should not be taken. Exercise of this option by the General Manager shall not be a bar to, or a prerequisite for, taking any other action against the person.
C.
Notification of violation; administrative adjustment. Whenever the
City of York finds that any person has engaged in conduct that constitutes
a violation of any provision of this article or of a permit issued
hereunder, the City of York may serve or cause to be served upon such
person, a written notice either personally or by certified or registered
mail, return receipt requested, stating the nature of the alleged
violation. Within 30 days of the date of receipt of the notice, the
person shall respond in writing to the City of York, advising of its
position with respect to the allegations. Thereafter the parties shall
meet to ascertain the veracity of the allegations and where necessary,
establish a plan for the satisfactory correction thereof.
D.
Show cause hearing. Whenever a violation or series of violations occur that may result in suspension of service, termination of service, summary charges, or other enforcement action, the General Manager may issue an order to such violator to appear and show cause before a hearing board assembled for the purpose, why the proposed enforcement action should not be taken. The procedures for such a hearing shall be set forth in § 364-43 hereof. The notice of the hearing shall be served on the person either personally or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the City of York or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the person to show cause before the City of York, or its designee, why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than seven days before the hearing. Service may be made on any authorized representative of the person or user or on anyone in apparent authority found at the premises of such user. The proceedings at the hearing shall be considered by the hearing board which board shall then instruct the General Manager as to the enforcement action, if any, to be taken, or as to additional actions to be taken by the General Manager. A show cause hearing shall not be a bar against, or a prerequisite for, taking any other action against the person.
E.
Injunctive relief. When the General Manager finds that a user has
violated, or continues to violate, any provision of this chapter,
an individual wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, the General Manager,
acting through the City Solicitor's office, may commence an action
in the Court of Common Pleas for legal and equitable relief and, where
deemed appropriate, may seek a temporary restraining order or preliminary
injunction to restrain violations of or compel compliance with the
article, permit, order, or other requirement. The filing of such an
action shall not be a bar to taking other enforcement actions.
F.
Remedies nonexclusive. The remedies provided for in this chapter
are not exclusive. The General Manager may take any, all, or any combination
of these actions against a noncompliant user. Further, the General
Manager is empowered to take more than one enforcement action against
any noncompliant user. The City of York may take any actions afforded
to it under state law.
G.
Consent orders. The General Manager may enter into consent orders,
assurances of compliance, or other similar documents establishing
an agreement with any user responsible for noncompliance. Such documents
shall include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document. Such
documents shall be judicially enforceable as contracts, and violations
of the terms thereof may be deemed a violation of this article subject
to all of the penalties provided herein.
H.
Compliance orders. When the General Manager finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. Any such order shall inform the person of the opportunity to request a hearing before a hearing board constituted by the Sanitary Sewer Board of Appeals, as set forth in § 364-43 hereof. If the user does not come into compliance within the time provided, sewer service may be discontinued unless the user demonstrates to the satisfaction of the General Manager, a good faith effort to do so, which may include evidence of hiring a consultant, ordering of pretreatment equipment, creation of a pollution prevention plan, or other affirmative acts aimed at achieving compliance in the shortest possible time. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and/or management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order cannot 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.
I.
Payment of outstanding fees and penalties. The General Manager may
decline to issue or reissue an individual wastewater discharge permit
to any user who has failed to pay any outstanding fees, fines or penalties
incurred as a result of any provision of this chapter, a previous
individual wastewater discharge permit or order issued hereunder.
J.
Cease and desist orders.
(1)
When the General Manager finds that a user has violated, or continues
to violate, any provision of this article, an individual wastewater
discharge permit, or order, or any other pretreatment standard or
requirement, or that the user's past violations are likely to recur,
the General Manager may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
(a)
Immediately comply with all requirements; and
(b)
Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
The City of York shall annually provide public notification
in a newspaper of general circulation that provides meaningful public
notice within the jurisdiction(s) served by the POTW of industrial
users which, at any time during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
For the purposes of this provision, a significant industrial user
(or any industrial user that violates Subsection C, D or H of this
section) is in significant noncompliance if its violation meets one
or more of the following criteria:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(I).
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement including
instantaneous limits, as defined by 40 CFR 403 multiplied by the applicable
TRC. There are two groups of TRC:
C.
Any other violation of a pretreatment standard or requirement as
defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of POTW personnel or the general
public).
D.
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTWs exercise of its emergency authority to halt or prevent such
a discharge.
E.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance.
F.
Failure to provide, within 30 days after the due date, required reports
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports, reports on best management practices,
and reports on compliance with compliance schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violation or group of violations, which may include a violation
of best management practices, which the POTW determines will adversely
affect the operation or implementation of the local pretreatment program.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from the General Manager'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 General Manager, that the release
of such information would divulge information, processes, or methods
of production entitled to protection as trade secrets under applicable
state and federal law. Any such request must be asserted at the time
of submission of the information or data if the industrial user stamps
"Confidential Business Information" over all parts for which protection
is sought. When requested and demonstrated by the user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data,
as defined at 40 CFR 2.302 shall not be recognized as confidential
information and shall be available to the public without restriction.
In compliance with the Commonwealth of Pennsylvania's Right-To-Know
Law, requests for City of York records shall be submitted to the City
of York's Open Records Officer.
A.
Users may not discharge to the POTW any hazardous waste which, if
otherwise disposed of, would be a hazardous waste under 40 CFR 261
unless written authorization is obtained from the General Manager.
It is at the General Manager's discretion to accept such waste. Any
request shall include the name of the hazardous waste as set forth
in 40 CFR 261, the EPA hazardous waste number, and the type of discharge
(continuous, batch, or other) and other information that the General
Manager requires to make an informed decision. If the General Manager
grants permission to the user to discharge such waste, the user shall
notify the EPA Regional Waste Management Division and Pennsylvania
Hazardous Waste authorities, in writing, in accordance with applicable
federal and state requirements. Any such notification submitted to
the EPA Regional Waste Management Division and Pennsylvania Hazardous
Waste authorities shall be copied to the General Manager. This notification
requirement does not apply to pollutants already reported under the
self-monitoring requirements of this article.
B.
Users shall permit the General Manager, or duly authorized representatives,
to inspect hazardous waste generation, treatment, storage, and disposal
procedures, and the records generated from the management of hazardous
waste.
A.
Users subject to the reporting requirements of this article shall
retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this article, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements, documentation associated with compliance of best-management-practices
based pretreatment standards or local limits, and documentation associated
with any certification statements (i.e., TTO certification statement
for metal finishers). Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking
the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period
of at least three years. This period shall be automatically extended
for the duration of any litigation concerning the user or the City
of York, or where the user has been specifically notified of a longer
retention period by the General Manager.
B.
Written reports will be determined to have been submitted on the
date postmarked. For reports, which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
Except as otherwise provided herein, the General Manager shall
administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the General Manager may
be delegated to a duly authorized City of York employee.
A.
Whenever the City of York, including the General Manager, takes or
proposes to take any administrative action that will affect the rights
of a user, including, but not limited to, the issuance or denial of
a permit, issuance of an order, temporary or permanent suspension
of a permit, or imposition of a civil penalty, the user shall be notified
of the right to request an administrative hearing by the Sanitary
Sewer Board of Appeals.
B.
A request for a hearing is subject to the following:
(1)
The request must be made in writing to the General Manager.
(2)
The request must be submitted within 30 calendar days from the date
of receipt of the wastewater discharge permit, or notice of the action
being taken or proposed to be taken, which is being challenged by
the user.
(3)
The request must state the specific provision(s) of a wastewater
discharge permit or the specific actions or proposed actions of the
City of York which are being contested.
(4)
The request must state the user's reasons for the appeal of each
provision.
(5)
The request may suggest alternate or revised provisions to replace
those appealed.
(6)
An appeal of an issued wastewater discharge permit may include a
request to stay specific permit conditions pending the outcome of
the appeal. Any such request shall include all factual and legal justification
for such a request.
C.
Provisions specifically mandated by federal or state regulations
(e.g., compliance with categorical standards) shall not be appealed.
Conditions that, in the opinion of the City of York, would constitute
a hazard or pose a potential threat of pollution if stayed, shall
not be stayed during an appeal. The decision of whether to grant a
stay shall be made by the General Manager within three days of the
receipt of the request for a hearing and communicated to the user.
Any provisions of a permit, order, or other action that are not stayed
shall remain in effect and be enforceable until a decision is rendered
by the Board of Appeals.
D.
A hearing shall be scheduled by the Board of Appeals. The date of
the hearing shall be not less than seven days and not more than 30
days from the receipt of the request for a hearing. The date, time,
and place of the hearing shall be promptly communicated to the user.
E.
Board of Appeals.
(1)
The Sanitary Sewer Board of Appeals shall consist of the York City
Sewer Authority, or a board designated by York City Sewer Authority,
which such designated board may include five members, consisting of:
(2)
Provided that, if any such member shall be a person who has a financial,
legal or other proprietary interest in the user bringing the appeal,
such person shall recuse himself from any vote which shall determine
the decision of the body in regard to the appeal.
F.
The Board of Appeals shall conduct a hearing pursuant to the provisions
of the Local Agency Law (2 Pa.C.S.A. Subchapter B). Such hearing may
be on the record if requested by the appellant, subject to the provisions
of 2 Pa.C.S.A. § 553.
G.
The Board of Appeals shall render a decision within 20 days of the
hearing and inform the General Manager and the user of its decision
in writing. The decision by the Board of Appeals constitutes final
administrative action by the City of York.
H.
An adjudication of the City of York or the General Manager for which
administrative review had been available shall not be subject to administrative
or judicial review in any civil or criminal proceeding for enforcement.
Should any section or provision of this article be declared
by the courts to be unconstitutional or invalid such decision shall
not affect the validity of this article as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid.
A.
Any person who violates or fails to comply with any provision of
this article, any requirement of an industrial wastewater discharge
permit issued under this article, or an order issued pursuant to this
article, shall be guilty of a summary offense and upon conviction
thereof be subject to a fine of not more than $1,000 and costs of
prosecution and in default thereof shall be imprisoned for not more
than 30 days. A separate offense shall be deemed committed on each
day during or on which a violation or failure to comply occurs or
continues.
B.
Any person violating any of the provisions of this article shall
become liable to the City of York for any expenses, loss or damage
occasioned by the City of York by reason of such violation.
C.
For the violation of any of the provisions of this article, the City
of York shall have the right and power to disconnect all connecting
pipe lines conveying sewage or industrial wastes from the buildings
of the users of the Borough's sewers to the Borough's sewer system
from such sewer system. The cost of disconnection and any reconnection
shall be paid by the user. The right and power of disconnection shall
be in addition to any fine or penalty imposed for the violation.
D.
Any person who violates or fails to comply with any provision of this article, any requirement of an industrial wastewater discharge permit issued under this article, or an order issued pursuant to this article, may be assessed a civil penalty of up to $25,000 as provided for in Act 9 (35 P.S. § 752.1 et seq). Such penalties shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. A lien against the user's property may be sought for unpaid charges and penalties. Users desiring to dispute such penalty shall follow the procedure as set forth in § 364-43 hereof. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. Issuance of a civil penalty shall not be a bar against, or a prerequisite for, taking any other action against the user.
