[Adopted 6-2-1998; amended
in its entirety 11-2-2009 by Ord. No. 09-14]
This article sets forth uniform requirements for direct contributors
to the Paxton Creek, Spring Creek and Asylum Run Drainage Basins of
the sewer system within or from the Township of Lower Paxton, Dauphin
County, Pennsylvania, and to any municipality or person outside the
Township who is by contract or agreement or otherwise a user of the
sewer system, which has its discharge treated by the treatment plant
of the City of Harrisburg (city) and enables the city and the Lower
Paxton Township Authority (Authority) to comply with all applicable
state and federal laws required by the Clean Water Act of 1977 and
the General Pretreatment Regulations (40 CFR, Part 403).
The objectives of this article are:
A.
To prevent the introduction of pollutants into the sewer system which
will interfere with the operation of the system or contaminate the
resulting sludge.
B.
To prevent the introduction of pollutants into the sewer system which
will pass through the system, inadequately treated, into the receiving
waters or the atmosphere or otherwise be incompatible with the system.
C.
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
This article shall apply to direct contributors to the Paxton
Creek, Spring Creek and Asylum Run drainage basins of the sewer system
within or from the Township and to any municipality or person outside
the Township who is, by contract or agreement or otherwise, a user
of the sewer system.
Except as otherwise provided herein, the Authority and the Director
of the Sewer Department of the Township shall administer, implement
and enforce the provisions of this article with respect to the Paxton
Creek, Spring Creek and Asylum Run Drainage Basins. The city may assist
in the administration, implementation and enforcement of this article
as may be requested by the Authority.
These definitions shall apply throughout this article unless
the context clearly indicates otherwise; other definitions may be
found in the glossary.
A discharge not caused by the fault of any person, and one
that could not have been prevented by any means suggested by common
prudence, which would interfere with the operation of the Advanced
Wastewater Treatment Facility (AWTF).
The publicly owned wastewater collection conveyance and treatment
system (POTW), as defined by Section 212 of the Federal Water Pollution
Control Act, also known as the "Clean Water Act of 1977, as amended."
All persons holding title to facilities or improvements for
which a permit for the connection to or discharge into the sewer system
is required.
The interceptor sewers, pumping stations and force mains
and all related structures which are a part of the wastewater facilities
transporting and conveying wastewater from facilities of the Authority
to the AWTF which is part of the wastewater facilities.
Either:
A principal executive officer of at least the level of Vice
President, if the user is a corporation; or
A general partner or proprietor if the user is a partnership
or proprietorship, respectively; or
A principal executive officer or ranking elected official, if
the user is a municipality, state, federal, or other public agency.
Schedules of activities, prohibition of practices, maintenance
procedures, other management practices including treatment requirements
and operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage and shall be considered local limits and pretreatment
standards for the purposes of 307(d) of the Act.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration (milligrams
per liter).
Biochemical oxygen demand.
The Code of Federal Regulations.
The Act of June 22, 1937, P.L. 1987, as amended and reenacted
by Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1
to 691.702.
A federal statute enacted by Public Law 92-500, October 18,
1972; 33 U.S.C. § 1251 et seq.: as amended by Public Law
95-217, December 28, 1977; Public Law 97-117, December 29, 1981; Public
Law 97-440, January 8, 1983; and Public Law, 100-04, February 4, 1987.
The sanitary sewer collection system of the Authority in
which wastewater is collected, conveyed and discharged, or will be
discharged, into the advanced wastewater treatment facility (AWTF).
The sanitary sewer collection system of the Authority in
which wastewater is collected and discharged, or will be discharged,
into the AWTF.
Any premises or improvements not a dwelling unit or industrial
establishment.
The act of checking specific conditions or requirements of
the industrial user permit.
Pollutants which are usually found in domestic, commercial
or industrial wastes, such as phosphorus, total suspended solids,
biochemical oxygen demand, fecal coliform, adverse pH levels and oil
and grease.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
See "PA DEP."
The Sewer Department of Lower Paxton Township.
The Director of the Sewer Department of Lower Paxton Township
or his designee.
Any person who contributes, causes or permits the contribution
of treated or untreated wastewater into the sewer system.
Ordinary water-carried household wastes from sanitary conveniences
from residential and nonresidential establishments.
An agency or administrative department of the United States
or any other agency or administrative department of the United States
hereafter exercising all or any portion, as appropriate, of the powers
or jurisdiction presently being exercised thereby.
The United States Environmental Protection Agency.
A measure of the volume of flow or expected flow of sanitary
sewage or industrial waste from any property that is equal to the
volume of flow discharged from one dwelling unit as determined by
the Authority in accordance with sound engineering practice.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act of 1977, as amended, 33 U.S.C. § 1251,
et seq."
National Categorical Pretreatment Standards.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks of vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge of the introduction of nondomestic pollutants
from any source regulated under Section 307(b), (c) or (d) of the
Federal Act [33 U.S.C. § 1317(b), (c) or (d)] into the AWTF.
For the purposes of this definition, holding tank wastes shall be
considered indirect discharge.
Any nonresidential establishment discharging sewage and wastes
other than normal waste-carried domestic sewage and wastes and cooling
water, directly or indirectly to the AWTF.
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402 of the Federal Act. (33 U.S.C. § 1342.)
Any solid, liquid or gaseous substance, water-borne wastes
or form of every rejected or escaping from any industrial, manufacturing,
trade or business proceeds or from the development, recovering or
processing of natural resources, as distinct from sanitary sewage.
The inhibition or disruption of the AWTF treatment processes
or operation which contributes to a violation of any requirement of
the Harrisburg Authority's NPDES permit. The term includes pollution
which prevents the use or disposal of sewage sludge by the AWTF in
accordance with Section 405 of the Federal Act (33 U.S.C. § 1345)
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control
Act or more stringent state criteria applicable to the method of disposal
or use employed by the AWTF.
The agreement of lease between the city as lessee and the
Harrisburg Authority as lessor, whereunder the wastewater facilities
are leased to the city for operation and use, and any amendments and
supplements to such lease.
A locally established limit deemed to be a pretreatment standard
for the purpose of Section 307(d) of the Clean Water Act. The limit
is specific to the advanced wastewater treatment facility (AWTF) and
is based on the potential for pass-through, interference, sludge contamination
or capacity to cause damage or hazards to structures, equipment or
personnel of the advanced wastewater treatment facility (AWTF) by
the discharge of any pollutant by an industrial user.
Concentration based on mass of pollutant per unit volume.
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency in accordance
with Section 307(b) and (c) of the Federal Act, 33 U.S.C. § 1317(6)(b)
and (c), which applies to a specific category of industrial users.
A permit issued pursuant to Section 402 of the Federal Act,
33 U.S.C. § 1342.
Any regulation developed under authority of Section 307(b)
of the Federal Act, 33 U.S.C. § 1317(b), and 40 C.F.R. Section
403.5.
Any new building, structure, facility or installation from
which there is or may be a discharge of pollutants which commences
after the date of publication of a proposed pretreatment standard
under Section 307(c) of the Clean Water Act.
Any building, structure, room, group of rooms, establishment
or facility other than a residence which discharges sewage and wastes,
including industrial wastes, directly or indirectly to the AWTF.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sanitary sewage, industrial waste, or both, is or may be
discharged.
The Department of Environmental Protection, an agency or
administrative department of the commonwealth or any other agency
or administrative department of the commonwealth hereafter exercising
all or any portion, as appropriate, of the powers or jurisdiction
presently being exercised thereby.
Indicates a mass ratio meaning milligrams per million milligrams,
and generally will be considered equivalent to milligrams per liter
(mg/l).
A discharge which exits the AWTF into a waterway 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 the Harrisburg Authority's NPDES permit.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical waste, wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand and cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
The sum of Arochlors 1016, 1221, 1232, 1242, 12248, 1254,
or 1260.
[Added 6-7-2011 by Ord.
No. 11-04]
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the AWTF. The reduction
or alteration can be obtained by physical, chemical or biological
process, or process changes by other means, except as prohibited by
40 CFR Section 403.6(d) (dilution).
Any substantive or procedural requirement related to pretreatment
other than a pretreatment standard imposed on an industrial user.
Any National Categorical Pretreatment Standard, local limit
or discharge prohibition regulation identified in this article containing
a list of pollutant discharge limitations.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product. Sanitary, noncontact cooling and boiler blowdown
wastewaters are excluded unless they become process makeup water.
National Prohibited Discharge Standard.
Real estate which adjoins, abuts or is adjacent to or is
within 200 feet of the collection system.
A treatment works as denned by Section 212 of the Clean Water
Act, which is owned by a state or municipality (as defined by Section
502(4) of the Clean Water 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 treatment facility.
Any room, group of rooms, house, housetrailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a single family or by persons living alone, which property shall be
billed and considered a separate entity.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
Sampling and analysis performed by the industrial user to
ensure compliance with permit provisions.
The second supplemental agreement dated September 15, 1976,
among the City of Harrisburg, Harrisburg Sewage Authority and the
suburban municipalities, and any supplements and amendments to such
agreement.
For sewer rental purposes, the length of time for which sewer
rentals are billed as may be determined by the Bureau of Water of
the city to correspond with water service periods.
All the facilities for the collection and conveyance of sewage
and suitable industrial wastes into the AWTF and the treatment plant.
Standard Industrial Classification.
A responsible corporate officer, general partner, proprietor
or duly authorized representative of that individual.
All categorical industrial users or any noncategorical industrial
users that:
Have a discharge flow of 25,000 gallons or more per average
workday of process wastewater; or
Have an average process flow which makes up 5% or more of the
average dry weather hydraulic or organic capacity of the treatment
plant; or
Have a reasonable potential, in the opinion of the Superintendent,
to adversely affect the treatment plant through inhibition, pass-through
of pollutants, sludge contamination or endangerment of AWTF workers
or to violate any pretreatment standard or requirement.
One or more violations of:
Pretreatment standards or requirements, including chronic violations,
technical review criteria violations, any discharge which alone or
in combination causes interference or pass-through or endangers the
health or welfare of AWTF personnel, the public or environment or
results in the AWTF exercising its emergency authority to halt or
prevent such a discharge;
Best management practices;
Compliance schedule milestones;
Reporting requirements;
Accurately reporting noncompliance; or
Any other violation or group of violations the AWTF considers
to be significant.
Any pollutant released in a discharge at a flow or concentration
rate which will cause interference with the operation of the AWTF.
A plan prepared by an industrial user to minimize the likelihood
of a spill and to expedite control and cleanup activities should a
spill occur.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget (1972).
The Commonwealth of Pennsylvania.
The facilities owned or leased by the Borough of Steelton
which transport and convey wastewater from facilities of any of the
suburban municipalities, and not through the Harrisburg conveyance
system, to the wastewater treatment facilities which are part of the
wastewater facilities.
The Borough of Penbrook, Borough of Paxtang, Borough of Steelton,
Township of Swatara, Township of Lower Paxton and the Township of
Susquehanna and, as applicable, Swatara Township Authority, Lower
Paxton Authority, Steelton Borough Authority and Susquehanna Township
Authority, collectively or individually, as appropriate.
The person designated by the city to supervise the operation
of the AWTF and who is charged with certain duties and responsibilities
by this article or any other applicable legislation or one or more
duly authorized representatives.
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 pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA under Section 307(a) of the
Federal Act or the Federal Laws.
Pretreatment.
The plant for the treatment of sewage conveyed thereto by
the collection system, and the equipment and facilities thereof; the
AWTF.
An exceptional incident in which there is unintentional and
temporary noncompliance with the 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.
Any person who contributes, causes or permits the contribution
of wastewater into the AWTF.
The act of not meeting specific conditions or requirements
(i.e., noncompliance).
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any pollutants which may be present, whether treated
or untreated, which are contributed into or permitted to enter the
sewer system.
The wastewater conveyance, treatment, disposal and related
facilities owned by the Harrisburg Authority and leased to the City
of Harrisburg for operation and use, including existing facilities
and all future additions and improvements thereto.
All facilities for the collection and distribution of water
to persons in the city.
No connection or discharge shall be made to or into the sewer
system except in compliance with all federal, state and local laws,
ordinances, rules and regulations now in force and effect as well
as such federal, state and local laws, ordinances, rules and regulations
as may, from time to time, be enacted, adopted, approved or promulgated
by any federal, state or local authority or may be otherwise provided
by law.
A.
The Township reserves the right to refuse permission to connect to
the sewer system, to compel discontinuance of use of the sewer system
or to compel pretreatment of wastewaters by any person in order to
prevent discharges deemed harmful or deemed to have a deleterious
effect upon the operation of or any portion of the sewer system.
B.
No wastewaters shall be discharged to the sewer system:
(1)
Having heat in such quantities that the discharge causes the temperature
at the AWTF to exceed 40° C. or 104° F.
(2)
Containing fats, wax, grease or oils of petroleum origin, whether
emulsified or not, in excess of 100 mg/l, or petroleum oil, nonbiodegradable
cutting oil or petroleum products of mineral origin in amounts that
will cause interference or pass-through at the AWTF.
(3)
Containing any gasoline, benzene, naphtha, fuel oil or other explosive
liquids, solids or gases or any other pollutants which will create
a fire or explosion hazard, including but not limited to waterstreams
with a closed-cup flashpoint of less than 140° F. or 60° C.
using the test methods specified in 40 CFR Part 261.21.
(4)
Containing any garbage that has not been ground by household-type
or other suitable garbage grinders.
(5)
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure or any other
solids or viscous substances capable of causing obstructions or other
interferences with proper operation of the sewer system.
(6)
Having a pH lower than 5.0 or higher than 10.0 standard units, or
having any other corrosive property capable of causing damage or hazards
to structures, equipment or personnel of the sewer system.
(7)
Containing toxic or poisonous substances in sufficient quantity to
injure or interfere with any wastewater treatment process, to constitute
hazards to humans or animals or to create any hazard in waters which
receive treated effluent from the sewer system treatment plant. Toxic
wastes shall include but not be limited to wastes containing cyanide,
chromium, cadmium, mercury, copper or nickel or any characteristic
or listed hazardous waste.
(8)
Containing noxious or malodorous gases or substances capable of creating
a public nuisance.
(9)
Containing solids of such character and quantity that special and
unusual attention is required for their handling.
(10)
Containing any substance which may affect the AWTF's effluent
and cause violation of the NPDES permit requirements.
(11)
Containing any substance which would cause the AWTF to be in
noncompliance with sludge use, recycling or disposal criteria pursuant
to guidelines or regulations developed under Section 405 of the Federal
Act, the Clean Air Act or regulations criteria for sludge management
and disposal as required by the DEP.
(12)
Containing color which is not removed in the treatment processes.
(13)
Containing any radioactive wastes or isotopes.
(14)
Containing any pollutant, including conventional pollutants,
released at a flow rate and/or pollutant concentration which would
cause interference with the AWTF.
(15)
Containing substances which may solidify or become viscous at
temperatures between 0° C. or 32° F. and 60° C. or 140°
F.
(16)
Containing chemical constituents which alone or in combination
result in the release of toxic gases, vapors or fumes in a quantity
that may cause acute worker health and safety problems.
C.
When the Director determines that an industrial user is contributing
any of the above substances in such amounts as to exceed stated limits
or to interfere with the operation of the AWTF, he or she shall:
(1)
Advise the user of the impact of such discharges on the operation
of the AWTF;
(2)
Develop effluent limitations for those discharges to correct the
interference with the operations of the AWTF;
(3)
Direct the user to comply with the effluent limitations as provided
in this article; and
(4)
Utilize the enforcement provisions of this article.
A.
Upon notification by the Authority, pretreatment facilities shall
be installed within 90 days of the date of such notice, at the sole
cost of the significant industrial user, to meet Township requirements.
In no event shall dilution be acceptable as a means of pretreatment
to meet the requirements of this article. Any order to install pretreatment
facilities may be appealed to the Director as provided in this article.
B.
The Township reserves the right to require nonresidential dischargers
having large variations in rates of wastewater discharge to install
suitable regulating devices for equalizing wastewater flows to the
sewer system.
C.
When directed by the Department, industrial users shall install,
within 90 days of the directive, at their sole cost and expense, and
thereafter maintain a manhole and such other devices as may be approved
by the Department to facilitate observation, measurement and sampling
of wastewaters discharged into the sewer system. The duly authorized
representatives of the Department shall, at all times, be permitted
to:
(1)
Enter upon any and all properties of industrial users for the purpose
of inspecting for compliance, observing, measuring and sampling wastewaters
discharged into the sewer system;
(2)
Set up and use monitoring equipment;
(3)
Inspect and copy industrial waste discharge, monitoring and production
records or any other records pertinent to compliance with this article;
and
(4)
Have access to any meters used for establishing or determining water
consumption, water excluded from the sewer system and wastewater discharged
into the sewer system. If an individual user has security measures
in force which physically limit entry to the premises of such user,
the industrial user shall, within 30 days of the effective date of
this section, immediately provide the Department with whatever is
necessary to allow authorized township or Authority representatives
to enter the premises, without delay, for the purpose of performing
their duties and responsibilities.
D.
The Department may require any industrial establishment to provide
information needed to determine compliance with this article.
A.
Any industrial establishment desiring to discharge or currently discharging,
directly or indirectly, wastes into the sewer system or planning to
change operations so as to materially alter the characteristics and/or
volumes of wastewaters discharged into the sewer system shall notify
the Department in writing at least 30 days before making such connection
or changing its operations and shall obtain a permit from the Department
to do so. Applications for such permit shall be on the form supplied
by the Director and shall be accompanied by all information requested
by the Department for the determination of waste volumes, characteristics
and constituents. The cost for obtaining such information shall be
borne by the applicant. Any significant industrial user shall make
application for a new permit within 30 days of the effective date
of this section.
B.
This application shall include but shall not be limited to the following
information in units and terms appropriate for evaluation:
(1)
Name, address and location of applicant.
(2)
SIC number(s) according to the Standard Industrial Classification
Manual, Bureau of Budget, 1972, as amended.
(3)
Volume of wastewaters to be discharged.
(4)
Wastewater constituents and characteristics, as determined by a reliable
analytical laboratory. Sampling and analysis shall be performed in
accordance with the procedures established by the United States EPA
pursuant to Section 304(g) of the Federal Act, 33 U.S.C. § 1314(g),
and the regulations promulgated thereunder, 40 CFR Part 136, as amended.
(5)
Time and duration of discharge.
(6)
Average and maximum wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(7)
A schematic flow representation which shall include floor plans,
mechanical and plumbing plans and details of all sewers, sewer connections
and appurtenances, sizes, locations and elevations.
(8)
Number of employees and hours worked.
(9)
Description of activities, facilities and plan processes on the premises,
including all materials which are or could be discharged; each product
produced, listed by type, amount and rate of production.
(10)
Type and amount of raw materials processed, average and maximum
per day.
(11)
Each substance considered toxic, hazardous, noxious or malodorous,
including a description of the hazards associated with each substance.
(12)
A schematic flow representation which shall include all pretreatment
or treatment plans and details, including appurtenances, sizes, locations,
elevations.
(13)
Pretreatment, treatment and flow meter standard operating procedures
manual.
(14)
Certification of accuracy by the applicant.
(15)
Any other information required by 40 CFR 403.12(b) or any other
information as may be deemed necessary by the Department to evaluate
that permit application.
C.
The Department shall evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the data furnished, the Director shall issue a permit subject to terms and conditions provided therein, as set forth in Subsection D hereof.
D.
Wastewater discharge permits shall be subject to all provisions of
this article and all other applicable federal, state and local laws,
rules, regulations, charges and fees. The conditions of such permits
shall be uniformly enforced by the Township or authority in accordance
with this article and applicable federal, state and local laws, rules
and regulations. Permits may contain but shall not be limited to the
following conditions:
(1)
The unit charge or schedule of special charges and fees or wastewater
surcharges to be paid for the wastewater to be discharged into the
sewer system pursuant to such permit.
(2)
The average and maximum allowable wastewater constituent and characteristics.
(3)
Equalization, neutralization or other requirements to control high
pH or highly variable pH discharge.
(4)
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
(5)
Requirements for installation, maintenance and/or operation of monitoring,
inspection and sampling facilities.
(6)
Pretreatment requirements.
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Signatory requirements for certification of technical reports or
discharge reports.
(9)
Requirements for maintaining and retaining plant records relating
to wastewater discharge for a minimum of three years or longer as
specified by the Department and affording the Department access thereto.
(10)
Compliance schedules.
(11)
Specifications for monitoring programs, including self-monitoring,
sampling location, frequency and method of sampling, number, types
and standards for tests and reporting schedules.
(12)
Requirements for notification of pretreatment standard exceedance
and repeat sampling and testing.
(13)
Requirements for notification of slug or accidental discharge.
(14)
Requirements for a spill or slug discharge prevention and control
plan in accordance with 40 CFR 403.8 (f) (2)(vi) (A)(B)(C) and (D).
(15)
Requirements for best management practices.
(16)
Other conditions as deemed appropriate by the Township to ensure
compliance with these regulations.
E.
Wastewater discharge permits shall be issued for a specified time
period, not to exceed five years, subject to compliance with all of
the provisions of this article and the regulations promulgated thereunder.
Any applicant who does not meet the standards of this article shall
not be entitled to a five-year permit. All holders of a wastewater
discharge permit must also comply with any National Categorical Pretreatment
Standards within 90 days of their promulgation or any revisions thereto.
F.
A wastewater discharge permit is not assignable or transferable to
a new user, owner or new use.
A.
No industrial user shall discharge, directly or indirectly, into
the wastewater collection or conveyance system any wastewater containing
in excess of the following pollutant in milligrams per liter:
[Amended 6-7-2011 by Ord.
No. 11-04]
|
Pollutant
|
Daily Maximum
|
Instantaneous Maximum
|
Ordinance
|
|---|---|---|---|
|
Arsenic (T)
|
2.81
|
5.62
|
98-11
|
|
Cadmium (T)
|
0.75
|
1.50
|
98-11
|
|
Chromium (T)
|
1.31
|
2.62
|
90-03
|
|
Copper (T)
|
2.99
|
5.98
|
90-03
|
|
Cyanide (T)
|
2.15
|
2.15
|
90-03
|
|
Lead (T)
|
0.55
|
1.10
|
98-11
|
|
Mercury (T)
|
0.04
|
0.08
|
98-11
|
|
Molybdenum (T)
|
6.78
|
13.56
|
11-04
|
|
Nickel (T)
|
1.00
|
2.00
|
90-03
|
|
PCBs (T)
|
1.28
|
2.56
|
11-04
|
|
Selenium (T)
|
2.14
|
4.28
|
11-04
|
|
Silver (T)
|
15.46
|
30.92
|
11-04
|
|
Zinc (T)
|
2.20
|
4.40
|
98-11
|
B.
The limits may be changed by regulation of the Director or by the
EPA to whichever limitation is more stringent.
Upon promulgation of federal categorical pretreatment standards
or any federal standard for a particular industry or subcategory,
the standards referenced in 40 CFR Chapter I, Subchapter N, Parts
405-471, if more stringent than the limitations contained in this
article for such discharges, shall immediately supersede the standards
set forth in this article. The Superintendent shall notify all affected
industrial users of the applicable reporting requirements under 40
CFR Section 403.12.
Any state requirements and limitations on discharge which have
been or may be adopted which are more stringent than the federal limitations
or those contained in this article shall supersede both federal and
Township standards. The Director shall notify all affected users of
any such change.
A.
Each significant industrial user shall provide protection from an
upset of pretreatment facilities, slug or accidental discharge of
prohibited materials and any other substances requested by this article.
Facilities to prevent and plans to mitigate an upset, slug or accidental
discharge shall be provided and maintained at such user's expense.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at such user's expense. No significant
industrial user which commences discharge into the sewer system shall
be permitted to introduce pollutants into the sewer system until a
spill, prevention and control plan has been approved by the Department.
Approval of such plans and procedures shall not relieve such user
of the responsibility to modify such user's facility as necessary
to meet the requirements of this article.
B.
In the event of an upset, slug or accidental discharge, it shall
be the responsibility of the significant industrial user to:
(1)
Make immediate notification to the AWTF of a location of discharge,
date and time thereof and type of waste, including concentration and
volume and corrective action taken; and
(2)
Within five days following an upset, slug or accidental discharge,
submit to the Superintendent a written report which shall specify:
(a)
Description of the upset, slug or accidental discharge, the
cause thereof and the impact on the industrial user's compliance
status, including location of discharge, type of concentration and
volume of waste.
(b)
Duration of noncompliance, including exact date 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, slug or accidental discharge or other
conditions of noncompliance.
(3)
The notification required by this section shall not relieve the significant
industrial user of any expense, loss, damage or other liability incurred
to the AWTF, the Township Authority or any state or federal department
or authority or any damage to person, property or environment; nor
will this notification relieve the significant industrial user of
any fines, penalties or any other liability which may be imposed by
this article or any other applicable law.
A.
Within 90 days following the date for final compliance or, if a new
source, the commencement of discharge, any user subject to the treatment
provisions of this article shall submit to the Director a report indicating
the nature and concentration of pollutants and the average and maximum
flows of the discharges which are limited by such pretreatment standards
and requirements. The report shall state whether the applicable pretreatment
standards and requirements are being met and, if not, what additional
pretreatment facilities or additional operations and maintenance tasks
are necessary to bring such user in compliance with the applicable
pretreatment standards and requirements. This statement shall be signed
by an authorized representative of the user and certified by a qualified
individual.
B.
Any significant industrial user subject to the provisions of this
article shall submit to the Director, at least on a semiannual basis,
a report containing the information required by its permit. The reports
required by this subsection shall be certified by an authorized signatory
of the user and submitted within 30 days following the end of the
reporting period unless the Director authorizes, in writing, another
submission date or schedule.
C.
If any sampling and testing required by Subsections A and B hereof indicate a violation of a pretreatment standard, the industrial user shall notify the Department within 24 hours of becoming aware of the violation, repeat sampling and testing within 72 hours or the first day representative of normal operation and submit, in writing, the results of the repeat analysis within 30 days.
D.
In addition to the requirements of Subsections A, B and C hereof, if the Director has reason to believe that a significant industrial user is not meeting the pretreatment standards on a consistent basis, such user may be required to submit interim compliance reports on a regular or irregular schedule.
E.
Any reports required by this section shall be maintained and retained
for a minimum of three years or longer, as specified by the Department,
and access by the Department afforded thereto.
No industrial user shall introduce any untreated process waste
or process wastewater into the sewer system containing any hazardous
waste constituent identified in 40 CFR Part 261 without prior written
notification to the Director. Any notification shall provide the identity
of the waste, the hazardous waste constituent and number and an estimation
of the mass and concentration of hazardous waste to be discharged
and shall be accompanied by a statement certifying that a waste reduction
program is in place. In no case shall the introduction of any hazardous
process waste or nonprocess waste constituent be permitted as a substitute
for the proper treatment and disposal of any such waste.
A.
No user shall discharge any waste or wastewater directly into a manhole
or other opening in the sewer system, other than an approved building
sewer, unless such user has been issued a special permit to do so
by the Director. Such permit shall be of limited duration and the
permittee shall comply with all applicable provisions of this article.
B.
The discharge of any trucked or hauled pollutants is prohibited except
at discharge points designated in a special permit approved by the
Director. Such permit shall be of limited duration and the permittee
shall comply with all applicable provisions of this article.
The Director shall adopt a schedule of charges and fees to cover
the costs of implementation of the pretreatment provisions of this
article. These fees are in addition to and separate from all other
fees charged by the Authority and will be assessed by the Authority
on all permit holders. Such charges and fees may include but are not
limited to the following:
A.
Costs of monitoring inspection and surveillance procedures.
B.
Costs of reviewing permit applications.
C.
Administrative costs and appeals.
D.
Costs of reviewing accident discharge reports.
E.
Costs of reviewing pretreatment facility construction plans.
F.
Costs of consistent removal by the AWTF of pollutants subject to
pretreatment standards.
G.
Any other costs incurred by the Township in implementing the requirements
of this article.
The pretreatment provisions and all other requirements of this
article shall apply to any person currently discharging into, directly
or indirectly, or otherwise using the sewer system or any person who
shall in the future discharge into, directly or indirectly, or otherwise
use the sewer system.
The Director is authorized to promulgate such rules and regulations
as are necessary for the proper administration, implementation and
enforcement of this article. This authority is in addition to that
granted in any section of this article. Such rules and regulations
shall have the same force and effect as the provisions of this article,
and any violation thereof shall be deemed a violation of the applicable
sections for enforcement purposes. The Director shall publish notice
of the promulgation of any such rules and regulations prior to adoption
of the same.
Should any user refuse, neglect or fail to comply with any provision
of this article or any of the rules and regulations promulgated thereunder
or any notice or directive given in conformity with or pursuant to
the provisions of this article, the Township or Authority may pursue
any or all of the remedies set forth in this article.
Any information submitted to the Township or Authority pursuant
to this article or any rules and regulations promulgated thereunder
may be claimed as confidential by the submitter. Any such claim shall
be asserted at the time of submission by the stamping or placing of
the words "Confidential Business Information" on each page containing
such information. If no claim is made at the time of submission, the
Township or Authority may make the information available to the public
without further notice. If a claim is asserted, the information shall
be treated in accordance with the procedures in 40 CFR Part 2 (Public
Information); provided, however, that any information regarding effluent
data shall be available to the public without restriction.
Compliance monitoring and inspection will be performed by the
Township or Authority and may be performed by the city as authorized
by the Township or Authority. This duty will be based on a schedule
determined by the type of facility, type and concentration of pollutants
in the discharge and the past performances of compliance by the industrial
user.
Any person who violates any provision of this article shall
be subject to the penalty and enforcement provisions of this article,
including the right of the Township or Authority to disconnect service.
Pursuant to the applicable notice requirements of this article,
the Township or Authority may suspend wastewater treatment and/or
a discharge permit when such suspension is necessary, in the opinion
of the Township or Authority, in order to stop an actual or threatened
discharge which:
After informal notice to halt or prevent a discharge which reasonably
appears to present an imminent endangerment to the health or welfare
of persons, the AWTF, the sewarage system or the environment, the
person responsible for the discharge shall immediately stop or eliminate
the contribution. In the event of failure of the person to cease or
cause to cease such contribution, the Director shall authorize any
actions as deemed necessary to halt or prevent such contribution,
including immediate severance of the sewer connection, to prevent
or minimize damage to the sewerage system and/or the AWTF, the environment
or to any individuals.
The existence of any one of the following conditions may cause
the Township or Authority to revoke the permit of the significant
industrial user:
A.
Failure to factually report the wastewater constituents and characteristics
of a discharge.
B.
Failure to report significant changes in operations or in wastewater
constituents and characteristics.
C.
Refusal of access to the discharger's premises for the purpose
of inspecting or monitoring or determining the amount of sewer rental
payable.
D.
Failure to comply with any of the terms and conditions of a permit.
E.
Failure to comply with any of the provisions of this article.
The Township or Authority shall reinstate a permit and/or restore
service under the following conditions, as applicable:
A.
Demonstration to the satisfaction of the Township or Authority that
such significant industrial user is now utilizing good management
practices to prevent or reduce the contribution of pollutants to the
sewer system. Good management principles include but are not limited
to preventive operating and maintenance practices to reduce the quantity
and improve the quality of effluent discharged and the control of
plant spillage, leaks and drainage from storage area.
B.
Submission to the Township or Authority of proof of elimination of
any noncomplying discharge.
C.
Submission within 15 days of the occurrence a detailed report describing
the causes of the noncomplying discharge and the measures taken to
prevent any future occurrence.
D.
Access to the premises in question for enforcement purposes is assured.
E.
Submission of a detailed report describing the measures taken to
ensure present and future compliance with the terms and conditions
of a permit.
F.
Evidence of compliance with federal, state and local laws, rules
and regulations is submitted.
Whenever the Director finds that any person has violated or
is violating any provisions of this article to which these enforcement
provisions apply, any permit issued thereunder or any applicable federal,
state or local regulation, the Director or a designee shall serve
or cause to be served upon such person a written notice stating the
nature of the violation and requiring the submission within 30 days
of the date of the notice a plan for the satisfactory correction of
such violation.
Any person affected by a notice, directive or other decision
of the Director may request a hearing before the Township and present
evidence of circumstances justifying reconsideration of the decision
of the Director. Such request must be in writing and served on the
Township within 10 days of the date of the notification or decision.
The Township shall hold a hearing and render a decision within 15
days of the request.
Subject to the applicable notice provisions of this article,
in circumstances where the nature of the violation constitutes a violation
of the Clean Streams Law, the Township or Authority may apply for
a mandatory preliminary injunction or special injunction in the Court
of Common Pleas of Dauphin County or the Commonwealth Court of Pennsylvania
in accordance with the Pennsylvania Rules of Civil Procedure relating
to actions in equity.
A.
Any person who permits or allows a discharge which causes an obstruction
or damage to the AWTF shall be assessed a charge equal to the amount
necessary to repair or replace the damaged facilities.
B.
Should any person refuse, neglect or fail to comply with pretreatment
provisions and discharge limitations of this article, with any of
the rules and regulations promulgated hereunder or with any directive
or notice given pursuant to this article to which these enforcement
provisions apply, then the Director is hereby empowered to authorize
and may authorize the supply of all labor and materials necessary
to effect compliance. Such person shall be assessed a charge equal
to the amount necessary to effect compliance.
C.
Should the city suffer the termination or suspension of its NPDES
permit or be assessed penalties or fines for violations thereof, which
violations were caused by the failure of a discharger to comply with
the provision of this article and any applicable rules and regulations,
such discharger shall be assessed a charge equal to the amount expended
by the city to cause its NPDES permit to be reinstated, plus the amount
of any penalties or fines imposed against it.
A.
All charges assessed in accordance with this article or any other
fees or charges authorized by any provision to which this article
applies shall be a lien on the properties served from the date the
charge therefor first becomes due and payable.
B.
All charges imposed pursuant to this article, together with a 10%
penalty thereon, shall be certified by the Director to the Authority
Solicitor who shall enter the same as a lien in the Court of Common
Pleas of Dauphin County and proceed to collect the same in like manner
as other municipal claims are by law collectible.
C.
In addition to the above method, the Authority may proceed to collect
such assessments by action in assumpsit in the name of the Authority
against the owner of the property charged and/or the person discharging
into the sewer system.
D.
In addition to the above, the Authority may recover reasonable attorneys'
fees, court costs, court reporter fees and all other expenses of litigation
to enforce the claim or claims of the Authority.
Pursuant to the public participation requirements of 40 CFR
Part 25, the Department shall cause to have published at least annually
in the largest daily newspaper of general circulation in Lower Paxton
Township a list of all industrial users who, during the previous twelve-month
period, were in significant noncompliance with applicable pretreatment
standards or other pretreatment requirements. For the purpose of this
provision, a significant noncompliance violation is:
A.
One or more violations of a pretreatment standard or requirement,
including chronic violations and technical review criteria violations;
B.
Any discharge which alone or in combination causes interference or
pass-through or endangers the health or welfare of AWTF personnel,
the public or the environment or results in the AWTF exercising its
emergency authority to halt or prevent such a discharge;
C.
Failure to implement best management practices;
D.
Failure to meet a compliance schedule milestone;
E.
Failure to provide a required report;
F.
Failure to accurately report noncompliance; or
G.
Any other violation or group of violations the AWTF considers to
be significant.
Any person who violates any of the terms, provisions or requirements
of this article or any of the applicable rules and regulations regarding
discharges shall be deemed to be maintaining a nuisance, which nuisance
the Authority is authorized and directed to abate in the manner provided
by law.
Whenever notice is necessary under this article, such notice
shall be properly served upon an owner if a copy thereof is delivered
to the owner personally; or by leaving a notice at the usual place
of abode with someone of suitable age and discretion who shall be
informed of the contents thereof; or by certified or registered mail
addressed to the owner at the last known address with return receipt
showing it has been delivered. If the return receipt shows that it
has not been delivered, then service may be made by posting a copy
thereof ill a conspicuous place in or about the structure affected
by such notice. Such notice shall set forth a reasonable time for
such compliance to be accomplished.
The Director and his designee shall act in the capacity of police
officers for the limited purpose of issuing nontraffic summary citations
to owners of premises or persons who are found in violation of this
article.
A.
Civil penalty. In addition to proceedings under this article or any
other remedy available at law or equity for violation of pretreatment
standards requirements, any person, firm or corporation who or which
fails to comply with any provision of this article or any applicable
rules or regulations or whoever fails to comply with a notice given
pursuant to those chapters and/or this article may be assessed a civil
penalty, whether or not the violation was willful or negligent, in
accordance with Subsection 4(a)(1) of the Publicly Owned Treatment
Works Penalty Law, Act of March 26, 1992, P.L. 23, 53 P.S. § 752.4(a)(1),
of not more than $25,000 per day of violation. Each twenty-four-hour
period during which a violation continues shall be considered a separate
and distinct offense under this provision and punishable as such.
B.
Criminal penalty. Any person, firm or corporation who or which knowingly
or negligently violates any of the terms, provisions or requirements
of this article or any of the applicable rules and regulations or
whoever refuses or neglects to comply with any notice given pursuant
to this article to such person or whoever obstructs or interferes
with any person in the enforcement of these chapters shall, upon conviction
thereof, severally for each and every violation or noncompliance,
respectively, be fined not more than $1,000 or imprisoned for not
more than 90 days, or both. Each twenty-four-hour period during which
a violation continues shall be considered a separate offense and punishable
as such.
C.
Any person, firm or corporation who or which knowingly or negligently
makes a false oral or written statement in any report, record, plan,
application or other document filed with the Authority or who falsifies,
tampers with or renders inaccurate any monitoring device or method
required under this article shall be liable to prosecution under appropriate
criminal statutes, including but not limited to false swearing, 18
Pa.C.S.A. § 4903; unsworn falsification to authorities,
18 Pa.C.S.A. § 4904; tampering with or fabricating physical
evidence, 18 Pa.C.S.A. § 4910; and tampering with public
records or information, 18 Pa.C.S.A. § 4911.
