[Adopted 5-21-1997 by Ord. No. 1997-2]
The short title of this article shall be the "North Whitehall
Township Sewage and Industrial Wastes Ordinance."
It is declared that the enactment of this article is necessary
for the protection, benefit, and preservation of the health, safety,
and welfare of the inhabitants of North Whitehall Township. This article
is also enacted to comply with the agreements entered into by the
Coplay-Whitehall Sewer Authority and North Whitehall Township with,
inter alia, the City of Allentown, which require the Township to conform
to uniform requirements for users of the publicly owned treatment
works for the City of Allentown. Such requirements enable the City
and the Township to comply with all applicable state and federal laws
including the Clean Water Act (33 U.S.C. § 1251 et seq.)
and the General Pretreatment Regulations (40 CFR Part 403). The objectives
of those requirements are:
A.
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
B.
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters or otherwise be
incompatible with the publicly owned treatment works;
C.
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
D.
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
E.
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the publicly owned treatment
works; and
F.
To enable the City to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements
and any other federal and state laws to which the publicly owned treatment
works is subject.
The following abbreviations, when used in this article, shall
have the designated meanings:
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BOD: biochemical oxygen demand
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CFR: Code of Federal Regulations
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COD: chemical oxygen demand
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EPA: U.S. Environmental Protection Agency
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gpd: gallons per day
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mg/l: milligrams per liter
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NPDES: National Pollutant Discharge Elimination System
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POTW: publicly owned treatment works
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RCRA: Resource Conservation and Recovery Act[1]
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SIC: standard industrial classification
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TSS: total suspended solids
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U.S.C.: United States Code
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[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of EPA, Region III.
The Coplay-Whitehall Sewer Authority, a Pennsylvania municipality
authority acting by and through its Board or, in appropriate cases,
acting by and through its authorized representatives, which Authority
owns and operates a sanitary sewage collection system in the Township
of Whitehall which ultimately discharges sewage emanating in North
Whitehall Township for treatment into the regional sanitary sewage
plant operated by the City of Allentown, and which Authority has jurisdiction
over indirect discharges to and discharges from the publicly owned
treatment works and to which Authority the Township, by virtue of
this article, as well as the Agreement for the Bulk Sale of Sanitary
Sewage Allocation and the Agreement for the Conveyance of Sanitary
Sewage, both dated November 2, 1994, has delegated all of its administrative
and enforcement powers described in the industrial waste pretreatment
program.
If the user is a corporation:
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decisionmaking functions
for the corporation; or
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections A through C of § 342-4 above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Township.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 to 471.
The City of Allentown or the City Council of Allentown.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.[1]
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.[2]
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any composite sample
collected, independent of the industrial flow rate and the duration
of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal, and, therefore, is a cause of a violation of the City's
NPDES permit of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act;[3] the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act (RCRA)";[4] any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research and Sanctuaries Act.[5]
The person designated by the City to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by the City's Sewage and Industrial Wastes Ordinance, City Ordinances
Section 941.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act,[6] which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of Subsection A(1) or (2) above but otherwise
alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities of 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 City's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
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 (including
but not limited to 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 introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 342-5A.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by the City or any municipality
or authority which contributes wastewater to the City's system. This
definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant. The term also means:
A municipality, as defined in Section 502(4) of the Federal
Water Pollution Control Act,[7] which has jurisdiction over indirect discharge to and
discharges from this type of treatment works.
An authority created under the Act of May 2, 1945 (P.L. 382,
No. 64) known as the "Municipality Authorities Act of 1945,"[8] which has jurisdiction over indirect discharges to and
discharges from this type of treatment works.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dish-washing
operations, etc.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the City or the Authority on the basis
that it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Authority and/or City may at any time, on their own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could
cause a violation of the prohibited discharge standards in Section
941.2.1 of the ordinance.[9]
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
Township of North Whitehall, County of Lehigh, Pennsylvania.
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.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
[1]
Editor's Note: See 33 U.S.C. § 1317.
[2]
Editor's Note: See 33 U.S.C. § 1317(b), (c) and
(d).
[3]
Editor's Note: See 33 U.S.C. § 1345.
[4]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[5]
Editor's Note: See 42 U.S.C. § 7401 et seq.; 15
U.S.C. § 2601 et seq.; and 33 U.S.C. § 1401 et
seq., respectively.
[6]
Editor's Note: See 33 U.S.C. § 1317(c).
[7]
Editor's Note: See 33 U.S.C. § 1362(4).
[8]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (6-19-2001,
P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
[9]
Editor's Note: Reference is to Title Five, Sewers, Article
941.2.0 of the City of Allentown Code, Section 2.1, Prohibited Discharge
Standards.
A.
Prohibited discharge standards.
(1)
General prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass-through
or interference. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state, or local government standards
or requirements.
(2)
Specific prohibitions.
(a)
No user shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
[1]
Pollutants which create a fire or explosive hazard in the POTW,
including but not limited to waste streams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21;
[2]
Wastewater having a pH of less than 5.0 or more than 12.0, or
otherwise causing corrosive structural damage to the POTW or equipment;
[3]
Solid or viscous substances in amounts which, alone or in combination
with other substances, will cause obstruction of the flow in the POTW
resulting in interference;
[4]
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW;
[5]
Wastewater having a temperature that will inhibit biological
activity in the treatment plant resulting in interference, but in
no case wastewater which causes the temperature at the introduction
into the treatment plant to exceed 104° F. (40° C.);
[6]
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass-through;
[7]
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems;
[8]
Trucked or hauled pollutants, except at discharge points designated by the Manager of Water Resources and the Authority in accordance with § 342-11;
[9]
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 to prevent entry
into the sewers for maintenance or repair;
[10]
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the City's NPDES permit;
[11]
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
[12]
Stormwater, surface water, spring water, groundwater, artesian
well water, roof runoff, subsurface drainage, building foundation
drainage, drainage from roof leader connections and overflow or drainage
from cesspools, drainage from sump pumps, significant quantities of
condensate, deionized water, noncontact cooling water, and unpolluted
water, unless specifically authorized by the Manager of Water Resources
and the Authority;
[13]
Sludges, screenings, or other residues from the pretreatment
of industrials wastes;
[14]
Medical wastes, except as specifically authorized by the Manager
of Water Resources in a wastewater discharge permit and by the Authority,
in writing;
[15]
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
[16]
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW or its discharge;
[17]
Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 200 mg/l;
[18]
Pollutants, substances or wastewater prohibited in the POTW
by any federal or state permit.
(b)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
(3)
Surcharge.
(a)
Nothing contained in this section shall prohibit any special
agreement or arrangement between the City, the Authority and any person
under which waste of unusual strength or character may be admitted
into the POTW. Such waste will be subject to payment of a surcharge
therefor by such persons, or by proper and continuous pretreatment
before discharge into the sewerage system. However, no such special
agreement or arrangement shall allow violation of federal pretreatment
requirements. The surcharge shall be revised annually.
(b)
Waste from any source in any of the following categories shall
not be discharged into the sewerage system:
[1]
Waste having BOD greater than 300 mg/l, unless permitted by a surcharge agreement as provided in § 342-5A(3)(a).
[2]
Waste having a content of suspended solids greater than 360 mg/l unless permitted by a surcharge agreement as provided in § 342-5A(3)(a).
[3]
Waste having a content of total Kjeldahl nitrogen greater than 85 mg/l unless permitted by a surcharge agreement as provided in § 342-5A(3)(a).
(c)
Whenever the approving authority shall deem it necessary for
the protection and safe, economical and efficient management of the
POTW the owner of an improved property shall provide at the owner's
expense such facilities for preliminary treatment and processing of
industrial waste as may be necessary to:
[1]
Reduce BOD to 300 mg/l and suspended solids to 360 mg/l and
total Kjeldahl nitrogen to 85 mg/l.
B.
National categorical pretreatment standards. The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 to 471 are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Authority and the Manager of Water Resources may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Authority
and the Manager of Water Resources shall impose an alternate limit
using the combined waste stream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in the 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
C.
State pretreatment standards. (Reserved)
D.
Local limits established or revised by City POTW.
(1)
Limits for discharging pollutants which are of concern to the POTW
will be made by the City using headworks loading analyses which have
been reviewed and approved by the Allentown Authority. Allocations
for discharging such pollutants will be made to each significant industrial
user. Limits may be in the form of monthly average concentration,
daily maximum concentration, or instantaneous maximum concentration.
Limits will be contained in the wastewater discharge permits issued.
All concentrations for metallic substances for "total" metal unless
indicated otherwise. The Authority and the Manager of Water Resources
may impose mass limitations in addition to, or in place of, the concentration-based
limitations above.
(2)
The City retains the right to establish, by ordinance, intermunicipal
agreement, or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW.
(3)
No person shall discharge pollutants into the sewer system which
would exceed the limits, or violate the restrictions established by
the City or the Manager of Water Recourses as described in this section
and other portions of this article.
(4)
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 Authority and the Manager of Water Resources 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.
A.
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 342-5A within the time limitations specified by EPA, the state, the Authority or the Manager of Water Resources, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedure shall be submitted to the Authority and the Manager of Water Resources for review, and shall be acceptable to the Authority and the Manager of Water Resources before such facilities are constructed. Review and acceptance of plans are not an endorsement of the effectiveness of any facilities set forth therein and neither the Authority, the Township nor the City shall not be held liable in any way for the performance of said facilities. The review of such plans and operating procedures shall in no way relieve the user from the responsibility for modifying such facilities as necessary to produce a discharge acceptable to the Authority under the provisions of this article and to the City under corresponding City ordinances.
B.
Additional pretreatment measure.
(1)
Whenever deemed necessary, the Authority or the Manager of Water
Resources 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 waste streams from industrial waste streams, and such
other conditions as may be necessary to protect the POTW and determine
the user's compliance with the requirements of this article.
(2)
The Authority or the Manager of Water Resources may require any person
discharging into the POTW to install and maintain, on their property
and at their expense, a suitable storage and flow control facility
to ensure equalization of flow. A wastewater discharge permit may
be used solely for flow equalization.
(3)
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Authority or the Manager of Water Resources, they are
necessary for the proper handling of wastewater containing excessive
amounts of grease and oil, or sand; except that such interceptors
shall not be required for residential users. All interception units
shall be of type and capacity approved by the Township and the Manager
of Water Resources and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the user at their expense.
(4)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
C.
Accidental discharge/sludge control plans. At least once every two
years, the Manager of Water Resources and/or the Authority shall evaluate
whether each significant industrial user needs an accidental discharge/sludge
control plan. The Authority or the Manager of Water Resources may
require any user to develop, submit for approval and implement such
a plan. Alternatively, the Authority or the Manager of Water Resources
may develop such a plan for any user. An accidental discharge/sludge
control plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the Manager of Water Resources and of the Authority of any accidental or sludge discharge, as required by § 342-9F; and
(4)
Procedures to prevent adverse impact from any accidental or sludge
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.
D.
Hauled wastewater.
(1)
Any tank truck or any equipment used or intended to be used for the
removal, transportation and disposal of sewage and industrial wastes
shall conform to the following requirements:
(a)
The container shall be watertight.
(b)
Tanks, containers or other equipment shall be so constructed
that every portion of the interior and exterior can be easily cleaned
and shall be kept in a clean and sanitary condition.
(c)
Piping, valves and permanent or flexible connections shall be
accessible and easily disconnected or cleaning purposes.
(d)
The inlet opening, or opening to every container, shall be so
constructed that the material will not spill outside during filling,
transfer or transport.
(e)
The outlet connections shall be so constructed that no material
will leak out, run out to other than the point of discharge and shall
be of a design and type suitable for the material handled and capable
of controlling the flow or discharge without spillage, undue spray
or flooding immediate surroundings while in use.
(f)
No connection shall be made at any time between a tap or outlet
furnishing potable water on any premises and any container or equipment
holding material by any means other than an open connection.
(2)
No hauler, operator or other person cleaning cesspools, septic tanks,
privies, or other equipment for on-lot management and storage of sewage
shall discharge or otherwise dispose of any wastewater into the Authority's
sewer system, whether generated within or without the Township, without
the express written consent of the Authority.
A.
Wastewater analysis. When requested by the Authority or the Manager
of Water Resources, a user must submit information on the nature and
characteristics of its wastewater within 90 days of the request. The
Authority and the Manager of Water Resources are authorized to prepare
a form for this purpose and may periodically require users to update
this information.
B.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Authority and the Manager of Water Resources, except that a significant industrial user that has filed a timely application pursuant to § 342-7C may continue to discharge for the time period specified therein.
(2)
The Authority or the Manager of Water Resources may require other
users to obtain wastewater discharge permits as necessary to carry
out the purposes of this article.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in § 342-13 and § 342-14. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
C.
Wastewater discharge permitting: existing connection. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the Authority and the Manager of Water Resources for a wastewater discharge permit in accordance with § 342-7E, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Authority and the Manager of Water Resources.
D.
Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 342-7E, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
E.
Wastewater discharge permit application contents.
(1)
All users required to obtain a wastewater discharge permit must submit
a permit application. The Authority and the Manager of Water Resources
may require all users to submit as part of an application the following
information:
(b)
Description of activities, facilities, and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(c)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(d)
Each product produced by type, amount, process or processes,
and rate of production;
(e)
Type and amount of raw materials processed (average and maximum
per day);
(f)
Site plans, floor plans, mechanical plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(g)
Time and duration of discharges; and
(h)
Any other information as may be deemed necessary by the Authority
and the Manager of Water Resources to evaluate the wastewater discharge
permit application.
(2)
Incomplete or inaccurate application will not be processed and will
be returned to the user for revision.
F.
Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
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"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."
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G.
Wastewater discharge permit decisions. The Authority and the Manager
of Water Resources will evaluate the data furnished by the user and
may require additional information. Within 60 days of receipt of a
complete wastewater discharge permit application, the Authority and
the Manager of Water Resources will determine whether or not to issue
a wastewater discharge permit. The Authority and the Manager of Water
Resources may deny any application for a wastewater discharge permit.
A.
Wastewater discharge permit duration. A wastewater discharge permit
shall be issued for a specified time period, not to exceed five years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period less than five years, at the discretion
of the Authority and the Manager of Water Resources. Each wastewater
discharge permit will indicate a specific date upon which it will
expire. The user shall apply for permit reissuance at least 180 days
prior to the expiration of the user's existing permit.
B.
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the Authority and the Manager of Water Resources to prevent pass-through
or interference, protect the quality of the water body receiving the
treatment plant's effluent, protect worker health and safety, facilitate
sludge management and disposal, and protect against damage to the
POTW.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(b)
A statement that the wastewater discharge permit is nontransferable
without prior notification to the Authority and the City in accordance
with § 342-15E, and provisions for furnishing the new owner
or operator with a copy of the existing wastewater discharge permit;
(c)
Effluent limits based on applicable pretreatment standards;
(d)
Self monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law; and
(e)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law.
(2)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(a)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(b)
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works;
(c)
Requirements for the development and implementation of spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(d)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(e)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(f)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(g)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
applicable federal and state pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit; and
(h)
Other conditions as deemed appropriate by the Authority or Manager
of Water Resources to ensure compliance with this article, and state
and federal laws, rules, and regulations.
C.
Wastewater discharge permit appeals. The Authority and the Manager
of Water Resources shall provide public notice of the issuance of
a wastewater discharge permit. Any person, including the user, may
petition the Authority and the Manager of Water Resources to reconsider
the terms of a wastewater discharge permit within 30 days of notice
of its issuance.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(3)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(4)
If the Authority and the Manager of Water Resources fail to act within
30 days, a request for reconsideration shall be deemed to be denied.
Decisions not to reconsider a wastewater discharge permit, not to
issue a wastewater discharge permit, or not to modify a wastewater
discharge permit shall be considered final administrative actions
for purposes of judicial review.
(5)
Aggrieved parties seeking review of the final administrative wastewater
discharge permit decision may appeal to the Industrial Waste Hearing
Board.
D.
Wastewater discharge permit modification. The Authority and the Manager
of Water Resources may modify a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or addition to the user's operation,
process, or wastewater volume or character since the time of wastewater
discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to the POTW, personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit; or
E.
Wastewater discharge permit transfer.
(1)
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 90 days' advance notice
to the Authority and the Manager of Water Resources and the Authority
and the Manager of Water Resources approve the wastewater discharge
permit transfer. The notice to the Authority and the Manager of Water
Resources must include a written certification by the new owner or
operator, which:
(2)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
F.
Wastewater discharge permit revocation.
(1)
The Authority or the Manager of Water Resources may revoke a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
(a)
Failure to notify the Authority and the Manager of Water Resources
of significant changes to the wastewater prior to the changed discharge;
(b)
Failure to provide prior notification to the Authority and the Manager of Water Resources of changed conditions pursuant to § 342-9E;
(c)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow the Authority or the Manager of Water Resources
timely access to the facility premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(l)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(m)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this article.
(2)
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
G.
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 342-12E, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Authority and the Manager of Water Resources a report which contains the information listed in Subsection B, below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Authority and to the Manager of Water Resources a report which contains the information listed in Subsection B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below:
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards applicable to each regulated
process.
[2]
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the standard or
by the Authority or the Manager of Water Resources, of regulated pollutants
in the discharge from each regulated process. Instantaneous, daily
maximum, and long-term average concentrations, or mass, where required,
shall be reported. The sample analyzed in accordance with procedures
set out in Section 941.6.10 of the Code of the City of Allentown.
(f)
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(g)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 342-16B.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 342-9A(2)(e) and (g).
(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 to above shall exceed nine months;
(3)
The user shall submit a progress report to the Authority and the
Manager of Water Resources no later than 14 days following each date
in the schedule and the final date of compliance including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps being taken by the user
to return to the established schedule; and
(4)
In no event shall more than nine months elapse between such progress
reports to the Authority and the Manager of Water Resources.
C.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Authority and the Manager of Water Resources a report containing the information described in § 342-16A(2)(d) through (f). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 342-7F.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the Authority and the Manager of Water Resources but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 342-7.
(2)
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. 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.
E.
Reports of changed conditions. Each user must notify the Authority
and the Manager of Water Resources of any planned significant changes
to the user's operations or system which might alter the nature, quality,
or volume of its wastewater at least 90 days before the change.
(1)
The Authority or the Manager of Water Resources may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 342-7E.
(3)
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater and the discharge
of any previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a sludge load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
Authority and the Manager of Water Resources of the incident. This
notification shall include the location of the discharge, type of
waste, concentration and volume, if known, and corrective actions
taken by the user.
(2)
Within five days following such discharge, the user shall, unless
waived by the Authority and the Manager of Water Resources, submit
a detailed written report describing the cause(s) of the discharge
and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense,
loss, damage, or other liability which may be incurred as a result
of damage to the POTW, natural resources, or any other damage to person
or property; nor shall such notification relieve the user of any fines,
penalties, or other liability which may be imposed pursuant to this
article.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Authority and the Manager of Water Resources as the Authority
and the Manager of Water Resources may require.
H.
Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Authority
and the Manager of Water Resources 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 Authority and
the Manager of Water Resources within 30 days after becoming aware
of the violation. The user is not required to resample if the Authority
or the Manager of Water Resources samples between the user's initial
sampling and when the user receives the results of this sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass and concentration of such constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 342-9E. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 342-9A, C and D.
(2)
Discharges are exempt from the requirements of Subsection I(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharges of more than any 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA[1] identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Authority and the Manager of Water Resources, the
EPA Regional Waste Management Waste Division Director, and state hazardous
waste authorities of the discharge of such substance within 90 days
of the effective date of such regulations.
[1]
Editor's Note: See 42 U.S.C. § 6921.
(4)
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
J.
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
K.
Sample collection.
(1)
Except as indicated in § 342-10B, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Authority and the Manager of Water Resources may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenola, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
L.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
M.
Recordkeeping. 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
by this article any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements. 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 analysis.
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, or where the user
has been specifically notified of a longer retention period by the
Manager of Water Resources.
A.
Right of entry; inspection and sampling. The Authority and/or Manager
of Water Resources shall have the right to enter the premises of any
user to determine whether the user is complying with all requirements
of this article and any wastewater discharge permit or order issued
hereunder. Users shall allow the Authority and/or the Manger of Water
Resources 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.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Authority and/or
the Manager of Water Resources will be permitted to enter without
delay for the purposes of performing specific responsibilities.
(2)
The Authority and/or the Manager of Water Resources 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.
(3)
The Authority and/or the Manager of Water Resources may require the
user to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the user at its own expense.
All devices used to measure wastewater flow and quality shall be calibrated
annually to ensure their accuracy.
(4)
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 Authority and/or
the Manager of Water Resources and shall not be replaced. The costs
of clearing such access shall be borne by the user.
(5)
Unreasonable delays in allowing the Authority and/or the Manager
of Water Resources access to the user's premises shall be a violation
of this article.
B.
Search warrants. If the Authority and/or the Manager of Water Resources
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 or Authority designed to verify compliance
with this article or any permit or order issued thereunder, or to
protect the overall public health, safety and welfare of the community,
then the Authority and/or the Manager of Water Resources may seek
issuance of a search warrant from the appropriate issuing authority.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the Authority and/or the Manager
of Water Resources 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 Authority and/or
the Manager of Water Resources, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
The Authority and/or the Manager of Water Resources shall publish
annually, in the largest daily newspaper published in the municipality
where the POTW is located, a list of the users which, during the previous
12 months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term "significant noncompliance" shall
mean:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants except pH);
C.
Any other discharge violation that the Authority or the Manager of
Water Resources believes 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 pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Authority
or the Manager of Water Resources exercise of emergency authority
to halt or prevent such a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide within 30 days after the due date any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which the Authority and/or the Manager of
Water Resources determine will adversely affect the operation or implementation
of the local pretreatment program.
A.
Notification of violation. When the Authority and/or the Manager
of Water Resources find 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 Authority or the Manager of Water Resources may serve upon that
user a written notice of violation. Within 20 days of the receipt
of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the Authority
and/or the Manager of Water Resources. Submission of this plan in
no way relieves the user of liability of any violations occurring
before or after receipt of the notice of violation. Nothing in this
section shall limit the authority of the Authority and/or the Manager
of Water Resources to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
B.
Consent agreements. The Authority and/or the Manager of Water Resources
may enter into consent agreements, assurances of voluntary compliance,
or other similar documents establishing an agreement with any user
responsible for noncompliance. Such documents will include specific
action to be taken by the user to correct the noncompliance within
a time period specified by the document.
C.
Show cause hearing. The Authority and/or the Manager of Water Resources
may order a user which has violated, or continues to violate, any
provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement
to appear before the Authority or the Manager of Water Resources and
show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days prior to the hearing. Such notice may be served on
any authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
D.
Compliance orders. When the Authority and/or the Manager of Water
Resources finds that a user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, the Authority
and/or the Manager of Water Resources may issue an order to the user
responsible for the discharge directing that the user come into compliance
within a specified time. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
E.
Cease-and-desist orders.
(1)
When the Authority and/or the Manager of Water Resources finds that
a user has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Authority or the Manager
of Water Resources may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
(2)
Issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
F.
Administrative civil penalties.
(1)
When the Authority and/or the Manager of Water Resources finds that
a user has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or other issued hereunder,
or any other pretreatment standard or requirement, the Authority and/or
the Manager of Water Resources may fine such user in an amount not
to exceed $25,000, regardless of jurisdictional boundaries. Such penalties
shall be assessed on a per-violation, per-day basis. In the case of
monthly or other long-term average discharge limits, fines shall be
assessed for each day during the period of violation. The penalties
may be assessed whether or not the violation was willful or negligent.
(2)
The authority granted in § 342-13A is in addition to the separate authority of the Manager of Water Resources or other City officials to impose administrative civil penalties under City ordinance. However, in no case shall the total of the penalties imposed under § 342-13F(1) and the administrative civil penalties imposed by the City exceed $25,000 per violation, per day.
(3)
Notice of assessment of civil penalty shall state the appeal process
to be followed including the name, address and telephone number of
the person responsible for accepting such appeal. Said notice shall
also contain the date or dates of violation the permit requirement
that was violated and the amount of civil penalty assessed. The notice
shall state the time frame for appeal. It shall be served personally
on the violator or shall be sent by certified mail to the address
of the permit holder as noted on the permit.
(4)
The civil penalty shall be assessed in accordance with Subsection F(5) below, which sets forth the assessment policy considering damage to air, water, land or other natural resources, cost of restoration and abatement, savings resulting to the person for the violation, history of past violations, deterrence of future violations and other relevant factors.
(5)
Chart for assessment.
|
Damage to Environment
|
Points
|
Cost of Restoration/Abatement
|
Points
|
|---|---|---|---|
|
Extreme
|
5
|
Over $10,000
|
5
|
|
Severe
|
4
|
$7,000 to $10,000
|
4
|
|
Moderate
|
3
|
$5,000 to $6,999
|
3
|
|
Slight
|
2
|
$2,500 to $4,999
|
2
|
|
None
|
1
|
0 to $2,499
|
1
|
|
Savings to Violator
|
Points
|
Past Violations - No. of Violations in Last 365 Days
|
Points
|
|---|---|---|---|
|
Over $10,000
|
5
|
5
|
5
|
|
$7,500 to $10,000
|
4
|
4
|
4
|
|
$5,000 to $7,499
|
3
|
3
|
3
|
|
$2,500 to $4,999
|
2
|
2
|
2
|
|
0 to $2,499
|
1
|
1
|
1
|
|
NOTES:
|
|---|
|
Other factors, such as damage to POTW, willfulness or concealment,
shall be assessed between 1 and 5 additional points based upon the
severity.
|
|
Points shall be assessed for a violation in accordance with
the above chart.
|
|
Points shall be totaled and the civil penalty shall be assessed
as follows:
|
|
Number of Points
|
Penalty
|
|---|---|
|
25
|
$25,000
|
|
20
|
$20,000
|
|
15
|
$15,000
|
|
10
|
$10,000
|
|
5
|
$5,000
|
|
NOTES:
|
|---|
|
The assessment of penalties may include numbers which are not
whole, such as 1.5, to allow flexibility and discretion by the Authority
in arriving at a fair and appropriate penalty. The above-listed monetary
civil penalties shall be then prorated to reflect the less-than-whole
number of points assessed.
|
|
Example: Total points = 12.5
|
|
Civil penalty = $12,500
|
(6)
All civil penalties collected shall be placed in a restricted account
and shall only be used by the Authority (or any owner or operator
of any portion of the POTW) to repair damage and provide for additional
maintenance and costs as a result of violations, to pay penalties
imposed by state or federal government for violation of pretreatment
standards, for the costs of investigation and enforcement action resulting
in penalty for monitoring of discharge in the pretreatment program
and for capital improvement to the POTW.
(7)
Any party seeking to appeal the assessment of a civil penalty shall
do so by filing a notice of appeal with the Authority within 30 days
after receipt or service of said notice. The Appeals Board shall hear
all such appeals. A transcript shall be made of said hearing at the
sole expense of the appellant. Appellant shall pay the cost of appeal
and the sum for estimate of stenographer bills at the time of filing
said appeal. Failure to pay said sums at the time of filing shall
make the appeal void. The charge for an appeal and the advancement
of stenographer costs shall be established by the Authority. After
the hearing, any additional stenographer charges shall be billed to
appellant and shall be paid in full within 10 days of receipt or appeal
shall be null and void ab initio. The Appeals Board shall either affirm
the decision of the Authority or reverse or modify the same as the
substantial evidence indicates in accordance with the assessment policy
adopted by the Authority. Appeals from the decision of the Appeals
Board shall be in accordance with state law.
(8)
Each permit holder shall keep the Authority and the Manager of Water
Resources apprised, in writing, of any change in mailing address.
The address on the permit shall be used to send all correspondence
and notice of civil assessment to permit holders. The sending of a
notice of civil assessment to a permit holder's address on permit
shall conclusively be presumed to be valid service; thus, if the certified
mail sent to such address is not accepted or picked up by permit holder,
the date of service shall be the date that the certified mail was
rejected or returned unclaimed.
(9)
The Authority or the City, as applicable, shall charge all costs
for reestablishing the operation of the publicly owned treatment works
after 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. These costs shall
be paid by user within 10 days after notice of assessment of the same.
Notice and appeal rights shall be the same as in the case of assessment
of civil penalties. Any user not paying said assessment shall pay
an additional penalty of 5% of the penalty per month or any part thereof.
(10)
Issuance of an administrative fine shall not be a bar against,
or a prerequisite for, taking any other action against the user.
A.
Injunctive relief. When the Authority and/or the Manager of Water
Resources 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 Authority and/or the Manager of Water Resources may petition the
Lehigh County Court of Common Pleas for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order,
or other requirement imposed by this article on activities of the
user. The Authority and/or the Manager of Water Resources may also
seek such other action as is appropriate for legal and/or equitable
relief, including a requirement for the user to conduct environmental
remediaton. A petition for injunctive relief shall not be a bar against
or a prerequisite for taking any other action against a user.
B.
Civil penalties.
(1)
A user who 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, shall be liable
to the Authority or to the City for a maximum civil penalty of $25,000
per violation, per day. In the case of monthly or other long-term
average discharge limit, penalties shall accrue for each day during
the period of the violation.
(2)
The Authority and/and the Manager of Water Resources may recover
reasonable attorneys' fees, court costs, and other expenses associated
with enforcement activities, including sampling and monitoring expenses,
and the cost of any actual damages incurred.
(3)
In determining the amount of civil liability, the Court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
C.
Criminal prosecution.
(1)
A user who willfully or negligently violates any provision of this
article, a wastewater discharge permit, or other issued hereunder,
or any other pretreatment standard or requirement, shall, upon conviction,
be guilty of a summary offense and punishable by a fine of not more
than $1,000 per violation per day or, on default of payment, imprisonment
for not more than 90 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and be subject to a penalty
of at least $1,000, or penalty shall be in addition to any other cause
of action for personal injury or property damage available under state
law.
(3)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article, wastewater discharge permit, or order issued hereunder, or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article shall, upon conviction,
be punished by a fine of not more than $1,000 per violation per day
or, on default of payment, imprisonment for not more than 90 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Remedies nonexclusive. The remedies provided for in this article
are not exclusive. The Authority and/or the Manager of Water Resources
may take any, all, or any combination of these actions against a noncompliant
user. Enforcement of pretreatment violations will generally be in
accordance with the City's enforcement response plan. However, the
Authority and the Manager of Water Resources may take other action
against any user when the circumstances warrant. Further, the Authority
and the Manager of Water Resources are empowered to take more than
one enforcement action against any noncompliant user.
A.
Performance bonds. The Authority or the Manager of Water Resources
may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this article,
a previous wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, unless such user
first files a satisfactory bond, payable to the Authority or its designee,
in a sum not to exceed a value determined by the Authority or the
Manager of Water Resources to be necessary to achieve consistent compliance.
B.
Liability insurance. The Authority or the Manager of Water Resources
may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this article,
a previous wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, unless the user
first submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.
C.
Contractor listing. Users which have not achieved compliance with
applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Authority and Township. Existing contracts for the sale of goods
or services to the Authority and Township held by a user found to
be in significant noncompliance with pretreatment standards or requirements
may be terminated at the discretion of the Authority or Township.
A.
Upset.
(1)
For the purpose of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the 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.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of § 342-16A(3), below, are met.
(3)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(a)
An upset occurred and the user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(c)
The user has submitted the following information to the Authority
and the Manager of Water Resources within 24 hours of becoming aware
of the upset (if this information is provided orally, a written submission
must be provided within five days):
[1]
A description of the indirect discharge and cause of noncompliance;
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
[3]
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost
or fails.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 342-5A(1) or specific prohibitions in § 342-5A(2)(a)[1] through [18] if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
(1)
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass-through
or interference; or
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
City was regularly in compliance with its NPDES permit and, in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
C.
Bypass.
(1)
BYPASS
SEVERE PROPERTY DAMAGE
As used in this section, the following terms shall have the meanings
indicated:
The intentional diversion of waste streams from any portion
of a user's treatment facility.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
(2)
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of § 342-16C(3) and (4) of this section.
(3)
Prior notice.
(a)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Authority Manager of Water Resources at
least 10 days before the date of the bypass, if possible.
(b)
A user shall submit oral notice to the Authority and the Manager
of the Water Resources of an unanticipated bypass that exceeds applicable
pretreatment standards within 24 hours from the time it becomes aware
of the bypass. A written submission shall contain a description of
the bypass and its cause; the duration of the bypass, including exact
dates and times, and if the bypass has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the bypass. The Authority and
Manager of Water Resources may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
(4)
Exceptions.
(a)
Bypass is prohibited, and the Manager of Water Resources may
take an enforcement action against a user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
[2]
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
[3]
The user submitted notices as required under § 342-16C(3) of this section.
(b)
Approve an anticipated bypass, after considering its adverse effects, if the Manager of Water Resources determines that it will meet the three conditions listed in § 342-16C(4)(a) of this section.
A.
The City has appointed and established an Industrial Hearing Board
pursuant to City Ordinance No. 13248 for the resolution of differences
between the Manager of Water Resources and owners of any improved
property on matters concerning the interpretation and execution of
the provisions of Article 941 of the City Sewage and Industrial Waste
Ordinance. The Township hereby agrees to adopt the City's Industrial
Hearing Board as its own for the resolution of differences between
the Authority and/or the Manager of Water Resources and the owners
of any improved property on matters concerning the interpretation
and execution of the provisions of this article.
B.
The Hearing Board shall have the following powers:
(1)
To hear appeals from any person aggrieved by the application of this
article, by the Authority and/or the Manager of Water Resources;
(2)
To make rules with regard to conducting its hearings, such rules
to be submitted to City Council for their advice and consent;
(3)
To make such findings of fact as may be required by the application
of this article; and
(4)
To decide questions presented.
C.
Aggrieved parties seeking judicial review of a decision of the Industrial
Waste Hearing Board must file an appeal pursuant to state law.
A.
Pretreatment charges and fees. The Authority and the City may adopt
reasonable fees for reimbursement of costs of setting up and operating
the pretreatment program, which may include:
(1)
Fees for wastewater discharge permit applications including the cost
of processing such applications;
(2)
Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a user's discharge, and reviewing
monitoring reports submitted by users;
(3)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(4)
Fees for filing appeals; and
(5)
Other fees as the Authority may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this article and separate from all other fees, fines and penalties
chargeable by the Authority, the Township or the City.
B.
Severability. If any provision of this article is invalidated by
any court of competent jurisdiction, the remaining provisions shall
not be effected and shall continue in full force and effect.
