[Adopted 12-14-2011 by Ord. No. 6-2011]
A.
This article sets forth uniform requirements for users of the publicly
owned treatment works owned by The Washington-East Washington Joint
Authority (hereinafter the "Authority") and enables the Authority,
in cooperation with the Township, to comply with all applicable state
and federal laws, including the Clean Water Act (33 United States
Code § 1251 et seq.) and the General Pretreatment Regulations
(40 Code of Federal Regulations Part 403). This article is intended
to replace the existing pretreatment ordinance, Ordinance No. 401,
adopted on January 21, 1985. The objectives of this article are:
(1)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operations;
(2)
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;
(3)
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;
(4)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
(6)
To enable the Authority to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
B.
This article shall apply to all users of the publicly owned treatment
works. This article authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
Except as otherwise provided herein, the Manager of the Authority
shall administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the Manager may be delegated
by the Manager to other Township or Authority personnel.
The following abbreviations, when used in this article, shall
have the designated meanings:
Biochemical oxygen demand.
Code of Federal Regulations.
Chemical oxygen demand.
U.S. Environmental Protection Agency.
Gallons per day.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Publicly owned treatment works.
Resource Conservation and Recovery Act.[1]
Standard industrial classification.
Total suspended solids.
United States Code.
[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 Environmental Protection Agency
(EPA).
The Washington-East Washington Joint Authority, an authority
created under the Municipal Authorities Act of 1945[1] which has authority over indirect discharges to and discharges
from its publicly owned treatment works.
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 this definition, 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 Authority.
The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 345-63A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
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(b) and (c)] which applies to a specific category of users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Protection 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.[2]
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.[3]
An establishment which discharges or introduces industrial
waste into a publicly owned treatment works.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
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 Authority's
NPDES permit, including an increase in the magnitude or duration of
a violation, or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act;[4] the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act (RCRA);"[5] 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;[6] the Toxic Substances Control Act;[7] and the Marine Protection, Research and Sanctuaries Act.
Specific discharge limits developed and enforced by the Authority
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
The person designated by the Authority to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this article, or a duly authorized representative.
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[8] 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 any 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 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(2) or (3) above, but otherwise alters, replaces, or adds to the existing process or production equipment.
Construction of a new source, as defined under this section,
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 building, 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 or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Authority'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 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 (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, 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 § 345-63 of this article.
A publicly owned treatment works as defined by Section 212
of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C.
§ 1292) which is owned by a state, municipality or authority,
as defined by Section 502(4) of the Federal Water Pollution Control
Act.[9] The term includes devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial
wastes of liquid nature. It also includes all sewers, pipe and other
conveyances that convey wastewater to the POTW plant. The term also
means:
A municipality, as defined in Section 502(4) of the Federal
Water Pollution Control Act,[10] which has jurisdiction over indirect discharges to and
discharges from this type of treatment works.
An authority created under the act of May 2, 1945 (P.L. 382,
No. 164), known as the "Municipal Authorities Act of 1945,"[11] 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, dishwashing
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 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 may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or noncustomary batch discharge
which has reasonable potential to cause interference or pass-through,
or in any other way violate the POTW's regulations, local limits,
or permit conditions.
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 Franklin, Washington County, 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 designated to provide treatment
of municipal sewage and industrial waste.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See 33 U.S.C. § 1317.
[3]
Editor's Note: See 33 U.S.C. § 1317(b), (c), or
(d), respectively.
[4]
Editor's Note: See 33 U.S.C. § 1345.
[5]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[6]
Editor's Note: See 42 U.S.C. § 7401.
[7]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[8]
Editor's Note: See 33 U.S.C. § 1317(c).
[9]
Editor's Note: See 33 U.S.C. § 1362(4).
[10]
Editor's Note: See 33 U.S.C. § 1362(4).
[11]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
A.
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 pretreatment standards
or requirements.
B.
Specific prohibitions. 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-up flashpoint of less
than 140° F. (60° C.) using the test methods specified in
40 CFR 261.21.
(2)
Wastewater having a pH less than 5.0, or otherwise causing corrosive
structural damage to the POTW or equipment;
(3)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference; but in no case
solids greater than 1/2 inch in any dimension;
(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 greater than 104° F. (40°
C.), or which 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 collection system 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 in accordance with § 345-71 of this article;
(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 Authority's NPDES permit;
(11)
Wastewater containing any radioactive wastes or isotopes, except
in compliance with applicable state or federal regulations;
(12)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted wastewater,
unless specifically authorized by the Manager;
(13)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act;[1] any criteria, guidelines, or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act,[2] the Clean Air Act,[3] the Toxic Substances Control Act,[4] or state criteria applicable to the sludge management
method being used;
(14)
Medical wastes, except as specifically authorized by the Manager
in a wastewater discharge permit;
(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;
(17)
Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 150 mg/l;
(18)
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW, or at any point in the POTW,
of two successive readings to exceed 5% or any single reading over
10% of the lower explosive limit of the meter.
C.
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.
The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 through 471 are hereby incorporated by reference as if fully set forth herein.
A.
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Manager may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Manager
shall impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
C.
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
A.
The following pollutant limits are established to protect against
pass-through and interference.
(1)
All nondomestic wastewater permits issued by the Washington-East
Washington Joint Authority taken together shall not exceed the aggregate
sum stated herein for any of the following pollutants:
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Total Headworks Loading for Industrial Discharges
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2.3834 pounds per day arsenic
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0.3329 pounds per day cadmium
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0.7068 pounds per day total chromium
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1.5655 pounds per day copper
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0.0456 pounds per day cyanide
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1.1073 pounds per day lead
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0.0389 pounds per day mercury
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4.8296 pounds per day nickel
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0.7427 pounds per day silver
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1.7225 pounds per day zinc
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(2)
Permit limits based upon the above maximum allowances apply at the
point where the waste is discharged into the POTW. All mass discharges
for metallic substances are for total metal unless indicated otherwise.
The Authority reserves the right to establish, by ordinance
or in wastewater discharge permits, more stringent standards or requirements
on discharges to the POTW.
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 Manager may impose mass limitations on users who
are using dilution to meet applicable pretreatment standards or requirements,
or in other cases when the imposition of mass limitations is appropriate.
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 § 345-63 of this article within the time limitations specified by EPA, the state, or the Manager, 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 procedures shall be submitted to the Manager for review, and shall be acceptable to the Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Authority under the provisions of this article.
A.
Whenever deemed necessary, the Manager may require users to restrict
their discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage 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.
B.
The Manager may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage
and flow-control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
C.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Manager, 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 Manager 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.
D.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
A.
Each significant industrial user shall submit to the Authority for
approval an accidental discharge/slug control plan. Each significant
industrial user shall provide and maintain facilities and operating
procedures to prevent accidental discharge of prohibited materials,
which shall be provided and maintained at user's cost and expense.
Such accidental discharge/slug 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 any accidental or slug discharge, as required by § 345-90 of this article; and
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
B.
No significant industrial user who commences contribution to the
POTW after the effective date of this article shall be permitted to
introduce pollutants into the system until accidental discharge procedures
and slug control plan have been approved by the Authority.
A.
Septic tank waste may be introduced into the POTW only at locations designated by the Manager, and at such times as are established by the Manager. Such waste shall not violate §§ 345-63 through 345-67 of this article or any other requirements established by the Authority. The Authority may require septic tank waste haulers to obtain wastewater discharge permits.
B.
The Manager shall require haulers of industrial waste to obtain wastewater
discharge permits. The Manager may require generators of hauled industrial
waste to obtain wastewater discharge permits. The Manager also may
prohibit the disposal of hauled industrial waste. The discharge of
hauled industrial waste is subject to all other requirements of this
article.
C.
Industrial waste haulers may discharge loads only at locations designated
by the Manager. No load may be discharged without prior consent of
the Manager. The Manager may collect samples of each hauled load to
ensure compliance with applicable standards. The Manager may require
the industrial waste hauler to provide a waste analysis of any load
prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
When requested by the Manager, a user must submit information
on the nature and characteristics of its wastewater within 30 days
of the request. The Manager is authorized to prepare a form for this
purpose and may periodically require users to update this information.
A.
No significant industrial user shall discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from the
Manager.
B.
The Manager may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this article.
C.
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 §§ 345-103 through 345-117 of this article. 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.
All significant industrial users presently holding valid wastewater discharge permits issued by the Authority shall be permitted to continue to discharge wastewater into the POTW in accord with the existing permit requirements for up to 150 days. However, all such users shall, within 30 days of the effective date of this article, apply for reissuance of their current permit by submitting an application in accord with § 345-76 of this article. Said application shall be approved or denied by the Authority within 90 days of said application date. Provided, however, that, should the Manager fail to take any action during said ninety-day period, the user shall be permitted to discharge wastewater in accord with existing permit requirements. The terms and conditions of any existing permit are subject to modification at the time of reissuance, as long as the user is informed of any proposed changes in permit requirements at least 30 days prior to the effective date of the change. Any changes or new conditions may include a reasonable time scheduled for compliance.
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 continuance or recommencing of such discharge. An application for such wastewater discharge permit, in accordance with § 345-76 of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
All users required to obtain a wastewater discharge permit must
submit a permit application.
A.
The Manager may require all users to submit as part of an application
the following information:
(2)
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;
(3)
Number and type of employees, hours of operation, and proposed or
actual hours of operations;
(4)
Each product produced by type, amount, process or processes, and
rate of production;
(5)
Type and amount of raw materials processed (average and maximum per
day);
(6)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(7)
Time and duration of discharges; and
(8)
Any other information as may be deemed necessary by the Manager to
evaluate the wastewater discharge permit application.
B.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
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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The Manager will evaluate the data furnished by the user and
may require additional information. Within 90 days of receipt of a
complete wastewater discharge permit application, the Manager will
determine whether or not to issue a wastewater discharge permit. The
manager may deny any application for a wastewater discharge permit.
A wastewater discharge permit shall be issued for 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 Manager. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Manager 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.
A.
Wastewater discharge permits must contain;
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable
without prior notification to the Manger in accordance with § 345-83of
this article, and provision for furnishing the new owner or operator
with a copy of the existing wastewater discharge permit;
(3)
Effluent limits, including best management practices, based on applicable
pretreatment standards;
(4)
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
(5)
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.
(6)
Requirements to control slug discharge, if determined by the manager
to be necessary.
B.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
(2)
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;
(3)
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:
(4)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(7)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(8)
Other conditions as deemed appropriate by the Manager to ensure compliance
with this article, and state and federal laws, rules and regulations.
The Manager shall provide public notice of the issuance with
a wastewater discharge permit. Any significant industrial user aggrieved
by the issuance of its wastewater discharge permit may seek judicial
review of any term or condition by filing a complaint with the Court
of Common Please of Washington County within 30 days in accordance
with the provisions and procedures of the Local Agency Law, 2 Pa.
C.S.A. §§ 551 through 555, 751 through 754.
The Manager may modify a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
A.
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
B.
To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance;
C.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D.
Information indicating that the permitted discharge poses a threat
to the Authority's POTW, Authority personnel, or the receiving waters;
E.
Violation of any terms or conditions of the wastewater discharge
permit;
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
H.
To correct typographical or other errors in the wastewater discharge
permit; or
A.
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 30 days' advance notice
to the Manger and the Manager approves the wastewater discharge permit
transfer. The notice to the Manager must include a written certification
by the new owner or operator which:
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of the facility transfer.
A.
The Manager may revoke a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(1)
Failure to notify the Manager of significant changed conditions to
the changed discharge;
(2)
Failure to provide prior notification to the Manager of changed conditions pursuant to § 345-89 of this article;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports or tampering with monitoring equipment;
(5)
Refusing to allow the Manager timely access to the facility premises
and records;
(6)
Failure to meet effluent limitations or compliance schedules;
(7)
Failure to pay fines or sewer charges;
(8)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(9)
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(10)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this article.
B.
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.
A.
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Manager 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 application standard, shall submit to the Manger 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.
B.
Users described above shall submit the information set forth below.
(1)
Identifying information. The name and address of the facility, including
the name of the operator and owner.
(2)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of operations. A brief description of the nature, average
rate of production, and standard industrial classifications of the
operations(s) carried out by such user. This description should include
a schematic process diagram, which indicates points of discharge to
the POTW from the regulated processes.
(4)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants.
(a)
The categorical pretreatment standards applicable to each regulated
process.
(b)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Manager of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 345-94 of this article.
(6)
Certification. A statement, reviewed by the user's authorized representative
and certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 345-86 of this article.
The following conditions shall apply to the compliance schedule required by § 345-85B(7) of this article:
A.
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
B.
No increment referred to above shall exceed nine months;
C.
The user shall submit a progress report to the Manager no later than
14 days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with
the increment of progress, the reason for any delay, and, if appropriate,
the steps being taken by the user to return to the established schedule;
and
D.
In no event shall more than nine months elapse between such progress
reports to the Manager.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or, in the case of a new source, following commencements of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Manager a report containing the information described in § 345-85B(4) through (6) of this article. 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 operations), 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 § 345-77 of this article.
A.
All significant industrial users shall, at a frequency determined by the Manager 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 flow for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Manager or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with § 345-77 of this article.
B.
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. 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.
Each user must notify the Manger 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.
A.
The Manager 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 § 345-76 of this article.
C.
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.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
Manager of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the Manager, 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.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A, above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the Manager immediately
of any changes at its facility affecting the potential for a slug
discharge.
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the Manager as the Manager may
require.
If sampling performed by a user indicates a violation, the user
must notify the Manager within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the Manager within 30 days after
becoming aware of the violation. Resampling by the industrial user
is not required if the Authority performs sampling at the user's facility
at least once a month, or if the Authority performs sampling at the
user between the time that the initial sampling was conducted and
the time when the user or Authority receives the results of the sampling,
or if the Authority has performed the sampling and analysis in lieu
of the industrial user.
A.
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 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 the calendar month, and an estimation of the mass of 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 section need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 345-89 of this article. 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 §§ 345-85, 345-87 and 345-88 of this article.
B.
Dischargers are exempt from the requirements of Subsection A, 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). Discharge of more than 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.
C.
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 hazardous waste, the user must
notify the Manager, 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.
D.
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.
E.
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.
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.
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that was representative
of conditions occurring during the reporting period.
A.
Except as indicated in Sections B and C below, the user must collect
wastewater samples using flow proportional composite collection techniques.
In the event flow proportional sampling is infeasible, the Manager
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. Using protocols
(including appropriate preservation) specified in 40 CFR Part 136
and appropriate EPA guidance, multiple grab samples collected during
a twenty-four-hour period may be composited prior to the analysis
as follows: for cyanide, total phenols, and sulfides, the samples
may be composited in the laboratory or in the field; for volatile
organics and oil and grease, the samples may be composited in the
laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies
may be authorized by the Authority, as appropriate. In addition, grab
samples may be required to show compliance with instantaneous discharge
limits.
B.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 345-85 and 345-87 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Manager may authorize a lower minimum. For the reports required by § 345-89 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
Written reports will be deemed to have been submitted on the
date postmarked. For reports that are not mailed, postage prepaid,
into mail facility services by the United States Postal Service, the
date of receipt of the report shall govern.
Users subject to the reporting requirements of this article
shall retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this article, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements, and documentation associated with best management practices
established under § 345-66C. Records shall include the date,
exact place, method, and time of sampling, and the name of the person(s)
taking the samples; the dates analyses were performed; who performed
the analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period
of at least three years. This period shall be automatically extended
for the duration of any litigation concerning the user or the Authority,
or where the user has been specifically notified of a longer retention
period by the Manager.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 345-78; users submitting baseline monitoring reports under § 345-85B(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under § 345-87; users submitting periodic compliance reports required by § 345-88A through D and users submitting an initial request to forego sampling of a pollutant on the basis of § 345-88B(4). The following certification statement must be signed by an authorized representative, as defined in § 345-62:
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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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The Manager 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 Manger 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.
A.
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Manger will be permitted
to enter without delay for the purposes of performing specific responsibilities.
B.
The Manager shall have the right to set up on the user's property,
or require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
C.
The Manager 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 to ensure their accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Manager and shall
not be replaced. The costs of clearing such access shall be born by
the user.
E.
Unreasonable delays in allowing the Manager access to the user's
premises shall be a violation of this article.
If the Manager has been refused access to a building, structure,
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this article, or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Authority to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Authority may seek issuance of a search warrant from the Court
of Common Pleas of Washington County.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the manager's inspection and sampling
activities, shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Manager, 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 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 Manager 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,
and shall summarize any enforcement actions taken against such users.
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 exceeded the daily maximum limit or average limit
for the same pollutant parameter by any amount, including instantaneous
limits;
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 equal or exceed the product of
the instantaneous maximum limit, 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 Manager 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 Manager's
exercise of its 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) that the Manager determines will adversely
affect the operation or implementation of the local pretreatment program.
When the Manager finds that a user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Manager shall serve upon that user a written notice
of violation. Within 15 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 Manager. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the notice of violation. Nothing in this section shall
limit the authority of the Manager to take any action, including emergency
actions or any other enforcement action, without first issuing a notice
of violation.
The Manager may enter into consent orders, 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. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 345-106 and 345-107 of this article and shall be judicially enforceable.
A.
The Manager 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 Manager 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 serviced personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be serviced on any authorized representative of the
user.
B.
The Authority may itself conduct the hearing and take the evidence,
or may designate any of its members or any officer or employee of
the Authority to:
(1)
Issue, in the name of the Authority, notice of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(2)
Take evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Authority
Board for action thereon;
(4)
At any hearing held pursuant to this article, the testimony
taken may be under oath and recorded stenographically; the transcript,
so recorded, will be made available to any members of the public or
any party to the hearing upon payment of the usual charges thereof.
C.
After the Authority has reviewed the evidence, it may issue all necessary
and appropriate orders, including but not limited to consent orders,
cease-and-desist orders, compliance orders, and discharge suspension
or termination orders.
D.
A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
When the Manager finds that a user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Manager may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or prerequisite
for, taking any other action against the user.
A.
When the Manager finds that a user has violated, or continues to
violate, any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, the Manager
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
B.
Issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
A.
The Manager may immediately suspend a user's discharge, after informal
notice to the user, whenever such suspension is necessary to stop
an actual or threatened discharge which reasonably appears to present
or cause an imminent or substantial endangerment to the health or
welfare of persons. The Manager may also immediately suspend a user's
discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the POTW, or which presents, or
may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Manager that the period of endangerment has passed, unless the termination proceedings in § 345-109 of this article are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measure taken to prevent any future occurrence, to the Manager prior to the date of any show cause or termination hearing under §§ 345-105 or 345-109.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
A.
In addition to the provisions in § 345-84 of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 345-105 of this article why the proposed action should not be taken. Exercise of this option by the Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
When the Manager finds that a user has violated, or continues to
violate, any provision of this article, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
the Manager may petition the Court of Common Pleas of Washington County,
through the Authority's solicitor, 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 Manager may also seek such other action as is appropriate
for legal and/or equitable relief, including requirement for the user
to conduct environmental remediation.
B.
A petition for injunctive relief shall not be a bar against, or prerequisite
for, taking any other action against a user.
C.
Injunctive relief shall be granted against an industrial user, pursuant
to the Publicly Owned Treatment Works Civil Penalty Law, set forth
at 35P.S.§ 752.1 et seq., upon the showing of one or more
of the following:
(1)
A discharge from an industrial user presents an imminent danger
or substantial harm to the POTW or the public;
(2)
A discharge from an industrial user presents an imminent or
substantial endangerment to the environment;
(3)
A discharge from an industrial user causes the POTW to violate
any condition of its discharge permit; or
(4)
An industrial user has shown a lack of ability or intention
to comply with a pretreatment standard.
D.
An injunction affecting an industrial operation not directly related to the condition or violation in question may be issued if the court determines that other enforcement procedures would not be adequate to affect prompt correction of the condition or violation. In addition to an injunction, the court in any such proceedings may levy civil penalties in accordance with § 345-111.
E.
The Authority's power to seek injunctive relief shall apply to all
industrial users regardless of jurisdictional boundaries. Injunctive
proceedings may be prosecuted in the Court of Common Pleas of Washington
County or where the activity has taken place, the condition exists
or the public is affected.
A.
Any industrial user who has violated, or continues to violate, any
provision of this article shall be liable to the Authority for a maximum
civil penalty in an amount not to exceed $25,000 per violation, per
day, in accord with the Publicly Owned Treatment Works Civil Penalty
Law set forth at 35 P.S.§ 752.1 et seq. In the case of monthly
or other long-term average discharge limit, penalties shall accrue
for each day during the period of violation.
C.
Any such penalties shall be assessed in accord with the Authority's
formal, written civil penalty assessment policy, a copy of which has
been supplied to all significant industrial users. In determining
the amount of civil liability, the Authority 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,
deterrence of future violations, and any other factor as justice requires.
A penalty may be assessed whether or not the violation was willful
or negligent.
D.
The Authority shall serve on the industrial user a notice of assessment
which shall include a description of the applicable appeals process
to be followed, including the name, address and telephone number of
the person responsible for accepting such appeal. Any industrial user
aggrieved by the imposition of a civil penalty may request a hearing
in accord with the Local Agency Law, 2 Pa. C.S.A. §§ 551
through 555, at which the industrial user shall have an opportunity
to rebut the finding of a violation and present evidence of circumstances
beyond the industrial user's control which resulted in the violation.
The Authority shall keep a record of the evidence presented and shall
provide the user with a written notice of the Authority's final decision
or action.
E.
Any industrial user assessed with a penalty pursuant to this section
shall have 30 days to pay the proposed penalty in full, or, if the
industrial user wishes to contest either the amount or imposition
of the penalty, the industrial user must file an appeal with the Court
of Common Pleas of Washington County in accord with the provisions
and procedures of the Local Agency Law, 2 Pa. C.S.A. §§ 751
through 754.
F.
The Manager may recover reasonable attorney's fees, court costs,
and other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages
incurred by the Authority. In the event of an operational upset, the
Authority may recover its cost for reestablishing the operation of
the POTW, in addition to any civil penalty.
G.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
H.
Civil penalties collected pursuant to this section shall be placed
in a restricted account and shall only be used by the Authority for
the repair of damage and any additional maintenance needed or any
additional costs imposed as a result of the violation for which the
penalty was imposed, to pay any penalties imposed on the Authority
by the state or federal government for violation of standards, for
the costs incurred by the publicly owned treatment works to investigate
and take the enforcement action that resulted in a penalty being imposed,
for the monitoring of discharges in the pretreatment program and for
capital improvements to the treatment works, including sewage collection
lines, which may be required by the pretreatment program. Any remaining
funds may be used for capital improvements to the treatment works,
including collection lines.
A.
A user who willingly or negligently violates any provision of this
article, or fails to carry out duties and responsibilities imposed
by this article, or any person who impedes or interferes with any
action undertaken to enforce this article shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
$1,000 per violation, per day, or imprisonment for not more than 90
days, or both.
B.
A user who violates this article by willfully or negligently introducing
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 not more than $1,000, or be subject to imprisonment
for not more than 90 days, or both. This penalty shall be in addition
to any cause of action for personal injury or property damage available
under state law. Each day that the violation continues shall be a
separate offense.
C.
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 no more than $1,000 per violation, per day,
or imprisonment for not more than 90 days, or both.
D.
Any person aggrieved by any decision of the Township/Borough may
file an appeal with the Court of Common Pleas of Washington County
in accordance with the rules of criminal procedure.
The remedies provided for in this article are not exclusive.
The Manager 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 Authority's enforcement response
plan. However, the Authority may take other action against any user
when the circumstances warrant. Further, the Manager is empowered
to take more than one enforcement action against any noncompliant
user.
The Manager 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,
in a sum not to exceed a value determined by the Manager to be necessary
to achieve consistent compliance.
The Manager 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.
A violation of any provision of this article, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, is hereby declared a public nuisance and shall be
corrected or abated as directed by the Manager. Any person(s) creating
a public nuisance shall be subject to the provisions of the Township
Code governing such nuisances, including reimbursing the Township
for any costs incurred in removing, abating, or remedying said nuisance.
Users which have not achieved compliance with applicable pretreatment
standards and requirements are not eligible to receive a contractual
award for the sale or goods or services to the Authority.
The Authority may adopt reasonable fees for reimbursement of
costs of setting up and operating the Authority's pretreatment program,
which may include:
A.
Fees for reimbursement of costs or operating the Authority's pretreatment
program;
B.
Fees for wastewater discharge permit applications including the cost
of processing such applications;
C.
Fees for monitoring, inspection, and surveillance procedures, including
the cost of collecting and analyzing a user's discharge, and reviewing
monitoring reports submitted by users;
D.
Fees for reviewing and responding to accidental discharge procedures
and construction;
E.
Fees for filing appeals and instituting legal action, including attorney's
fees;
F.
Fees for consistent removal by the Authority of pollutants otherwise
subject to federal pretreatment standards;
G.
Other fees as the Authority may deem necessary to carry out the requirements
contained herein.
H.
These fees relate solely to the matters covered by this article and
are separate from all other fees, fines, and penalties chargeable
by the Authority.
If any provision of this article is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be affected
and shall continue in full force and effect.
This article shall be in full force and effect immediately following
its passage, approval, and publication, as provided by law.
