[Adopted 4-10-2012 by Ord. No. 2-2012]
A.
Plymouth Borough (hereinafter the "municipality") owns and operates
a wastewater collection system which is subject to a service agreement
with the Wyoming Valley Sanitary Authority for the collection and
treatment of wastes and sewage collected by such system and contributed
by residents of the municipality.
B.
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection system and enables the
municipality and the Authority to comply with all applicable state
and federal laws as required by the Federal Clean Water Act of 1977
(33 U.S.C.A. § 1251 et seq.), the General Pretreatment Regulations
(Title 40 Code of Federal Regulations, Part 403), the Pennsylvania
Clean Streams Law (35 P.S. § 691.1 et seq.), and the provisions
of the service agreement.
C.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the wastewater collection
and treatment system which will interfere with the operation of the
system, contaminate the resulting sludge, be difficult to treat by
conventional means or otherwise be incompatible with the system;
(2)
To prevent the introduction of pollutants into the wastewater system
which will pass through the system, inadequately treated, into receiving
streams or the atmosphere, causing pollution;
(3)
To improve the opportunity to recycle and reclaim wastewater and
sludges from the system; and
(4)
To provide for equitable distribution of costs occasioned by the
acceptance of industrial or other wastes of unusual characteristics.
D.
This article provides for the regulation of contributors to the municipal
wastewater system through the establishment of standards for discharge
of wastes; by authorizing the issuance of permits to certain nondomestic
users; by providing general requirements for all users; by authorizing
monitoring and enforcement activities; by requiring certain reporting
by users; and by providing for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
E.
This article shall apply to all persons who discharge wastes, wastewater
or sewage into the sanitary sewer system of the municipality. Except
as otherwise provided herein, the Executive Director of the WVSA shall
administer, implement, and enforce the provisions of this article.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, have the meanings hereinafter
designated:
The federal Water Pollution Control Act, also known as the
Clean Water Act of 1977, as amended, 33 U.S.C.A. § 1251
et seq.
The administrator of the EPA, Region III, or the Department
of Environmental Protection (PADEP) if duly authorized by the EPA
to administer the pretreatment program.
The person authorized to sign required reports, as defined
at 40 CFR 403.12(l).
Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the provisions of this article, including the prohibitions listed in § 191-35 and other pretreatment standards and requirements. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. For purposes of determining significant noncompliance under § 191-74 of this article, BMPs are considered a narrative pretreatment standard or requirement.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, as specified,
in five days at 20° C. expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
An industrial user that is subject to a National Categorical
Pretreatment Standard.
The measure of the oxygen-consuming capacity of inorganic
and organic matter present in water, sewage, industrial wastewater,
or other liquid as determined by standard laboratory procedure, as
specified, expressed as milligrams per liter (mg/l).
The WVSA.
The water discharged from any system of condensation, such
as air conditioning, cooling, or refrigeration and which does not
contain any pollutants or contaminants at levels which would require
regulation under this article. Cooling water which contains pollutants
or contaminants which requires regulation shall be considered industrial
wastewater.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The normal waterborne sewage and other wastes normally discharged
by a household, including toilet wastes, laundry, wash water and other
gray water, and similar wastes.
A user who discharges only domestic sewage.
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the administrator or
other duly authorized official of said agency.
The person designated as such by the WVSA to supervise the
operation of WVSA facilities, or his or her duly authorized representative.
A sample which is taken from a waste stream on a one-time
basis with no regard to flow and over a period of time not exceeding
15 minutes.
A storage tank installed by the user to hold such industrial
wastewater which is prohibited from being discharged to the sanitary
sewer system and from which the contents must be hauled to a disposal
site. Such tank shall be approved by the municipality and shall not
be connected to the sanitary sewer system.
The discharge or the introduction of pollutants into the
sanitary sewer system from any nondomestic user.
Any user that discharges industrial wastewater.
Liquid waste and water-borne liquid, gaseous, and solid substances
(except domestic sewage which is separately discharged) that is discharged
from any industrial, manufacturing, trade or commercial establishment,
including nonprofit organizations, governmental agencies or business
activities. If domestic sewage is mixed with industrial wastewater,
the mixture is industrial wastewater.
A permit authorizing the discharge of industrial wastewater
into the sanitary sewer system.
The inhibition or disruption of the WVSA treatment process
or operations such as to cause or threaten to cause or contribute
to a violation of any requirement of the WVSA's NPDES permit,
including an increase in the magnitude or duration of any violation.
The term includes prevention of sewage sludge use or disposal by the
WVSA in accordance with Section 405 of the Act, 33 U.S.C.A. § 1345,
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (including the RCRA), 42 U.S.C.A. § 6901
et seq.; the Clean Air Act, 42 U.S.C.A. § 7401 et seq.;
the Toxic Substances Control Act, 15 U.S.C.A. § 2601 et
seq.; or any more stringent state criteria for the use or disposal
of sewage sludge.
Indirect Discharge limits, which may include Best Management
Practices, established by the WVSA as required by 40 CFR 403.5(c)
(which such limits shall be deemed pretreatment standards), and any
other limits developed by WVSA to implement the provisions of this
article or the WVSA Rules and Regulations.
EPA-promulgated indirect discharge standards for certain
industrial process categories under Section 307(b) and (c) of the
Act, which are codified at 40 CFR Chapter I, Subchapter N, Parts 405
through 471.
Any source, the construction of which is commenced after
publication of proposed Pretreatment Standards under Section 307(c)
of the Act which will be applicable to such source, if such standard
is thereafter promulgated, as defined at 40 CFR 403.3(m)(1).
A user engaged, wholly or in part, in the manufacturing,
fabricating, processing, cleaning, laundering, bottling, or assembling
of a product, commodity or article, or in any commerce or trade and
which discharges, or has the capacity to discharge, wastewater other
than domestic sewage.
An industrial user subject to National Categorical Pretreatment
Standards that is determined by the control authority to be a nonsignificant
industrial user on a finding that it never discharges more than 100
gallons per day of industrial waste subject to National Categorical
Pretreatment Standards and that the following conditions are met:
The industrial user, prior to the control authority's determination,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the following certification
statement together with any additional information necessary to support
the certification statement:
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"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR (insert applicable section), I certify that, to the best
of my knowledge and belief that during the period from __________
to __________ [month, day, year]: (a) The facility described as __________[facility
name] met the definition of a nonsignificant categorical industrial
user as described in 40 CFR 403.3(v)(2); (b) the facility complied
with all applicable pretreatment standards and requirements during
this reporting period; and (c) the facility never discharged more
than 100 gallons of total categorical wastewater on any given day
during this reporting period. This compliance certification is based
upon the following information. ____________________";
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The industrial user never discharges any untreated concentrated
wastewater.
The result of the Hexane Extractible Materials Test, EPA
Method 1664, or an equivalent method approved by EPA.
A discharge which exits the WVSA treatment plant into the
receiving stream in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, causes
or contributes, or threatens to cause or contribute, to a violation
of any requirement of the WVSA'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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions.
The alteration of the thermal, chemical, physical, biological,
or radiological integrity of, or the contamination of, any water to
the extent that the water is rendered harmful, detrimental, or injurious
to humans, animal life, vegetation, or property, or to public health,
safety, or welfare, or that impairs the usefulness of the public enjoyment
of that water. The violation of any water quality standard or criterion
established by the PADEP through regulation, rule, permit or order
shall be pollution.
The reduction by physical, chemical, or biological means,
of the amount or rate of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater
to a less harmful state prior to discharge, except by means prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, which is imposed on an industrial
user.
National Categorical Pretreatment Standards and national
prohibited standards as stated at 40 CFR 403.5, and local limits developed
to implement the national prohibited standards.
Any waste which is totally restricted from discharge into
the sanitary sewer system by this article.
All of the property involved in the operation of a sanitary
sewer collection and treatment facility, including, but not limited
to, land, wastewater lines, appurtenances, pumping stations, metering
chambers, and the wastewater treatment plant, whether owned by the
municipality, the WVSA, or any other person.
Shall is mandatory; may is permissive.
Any user, not classified as a non-significant industrial
user by the WVSA:
That is subject to National Categorical Pretreatment Standards;
or
That discharges an average flow of 25,000 gallons or more per
day of process wastewater (excluding sanitary, noncontact cooling
and boiler blowdown wastewater); or
That contributes a process waste stream which makes up 5% or
more of the average dry weather hydraulic or organic capacity of the
WVSA's treatment plant; or
That is designated as such by the WVSA on the basis that the
user has a reasonable potential for adversely affecting the WVSA's
operation or for violating any pretreatment standard or requirement.
As defined in § 191-74 of this article.
Any discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge
which has reasonable potential to cause interference or pass through
or in any other way violate the provisions of this article, any industrial
wastewater discharge permit, or any provision of the WVSA rules and
regulations.
A classification pursuant to the Standard industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
An additional service charge levied against any person for
discharging wastewater into the sanitary sewer system that requires
additional handling, treatment, disposal, or other costs.
The total suspended matter that floats on the surface of,
or is suspended in, water, and which is removable by filtration.
Pollutants designated by the EPA under provision of Section
307(a) of the Act, 33 U.S.C.A. § 1317(a), as listed on Tables
II and III of Appendix D of 40 CFR Part 122.
Any person who contributes, causes or permits the contribution
of wastewater into the WVSA.
Domestic sewage, industrial wastewater, and any other wastes
or water-borne matter discharged, deposited or released by any person.
The facilities owned and operated by the WVSA for the treatment
and disposal of wastewater.
All facilities owned, maintained, or operated by the WVSA,
including the treatment plant, interceptor sewers, pumping stations,
and other such facilities.
A municipal corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, under the Municipal Authorities
Act of 1945, 53 Pa.C.S.A. § 5601 et seq., as amended, with
which the municipality has a service agreement providing for the collection
and treatment of wastewater flowing from the sanitary sewer system
of the municipality. The principal place of business of the WVSA is
located at 1000 Wilkes-Barre Street, Wilkes-Barre, PA 18711.
A.
No person shall discharge, release, place, or allow to be placed,
any wastewater of any nature into any stream, storm sewer, waterway
or any other place within the municipality other than the sanitary
sewers.
B.
No user shall contribute, cause, or allow to be discharged, directly
or indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the sewer system or the WVSA facilities.
These general prohibitions apply to all users of the sewer system
whether or not the user is subject to any pretreatment standards or
requirements or any other federal, state, or local pretreatment standards
or requirements. A user shall not contribute the following substances
to the sanitary sewer system or the WVSA's facilities:
(1)
Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with any
other substance to cause fire or explosion or be injurious in any
other way to the WVSA or to the operation of the WVSA's treatment
plant. Discharges prohibited under this section shall include, but
not be limited to, waste streams with a closed cup flash point of
less than 140° F. or 60° C. using the test methods specified
in 40 CFR 261.21. At no time shall two successive readings on an explosion
hazard meter, at the point of discharge into the system (or any point
in the system) be more than 5%, nor any single reading over 10% of
the lower explosive limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which cause or contribute to a fire hazard
or a hazard to the sewer system in the quantities or concentrations
discharged.
(2)
Any wastewater having a pH value less than 6.0 or greater than 11.5
in any grab sample, or a wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment, and/or
personnel.
(3)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to: garbage with particles
greater than 1/2 inch any dimension, animal guts or tissues, paunch
manure, bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
wastepaper, wood, plastic, gas, tar, asphalt residues, mud, or glass
grinding or polishing wastes.
(4)
Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which a user
knows or has reason to know will cause interference to the sewer system.
In no case shall a discharge have a flow rate or contain a concentration
of pollutants that exceed for any time period longer than 15 minutes
more than five times the average twenty-four-hour flow or concentration
of pollutants during normal operation. Notwithstanding the criteria
above, any slug discharge shall be prohibited.
(5)
Any wastewater having a temperature which will inhibit biological
activity in the WVSA treatment plant resulting in interference, but
in no case any wastewater with a temperature at the introduction into
the WVSA facilities which exceeds 40° C. (104° F.).
(6)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with any wastewater treatment process,
which will cause pass through or interference, or exceed the limitation
set forth in a National Categorical Pretreatment Standard or local
limit.
(7)
Any discharge which may result in the presence of toxic gases, vapors,
or fumes within the treatment system in a quantity that may cause
acute worker health and safety problems or is sufficient to create
a public nuisance or hazard.
(8)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass through.
(9)
Any trucked or hauled pollutants, except at discharge points designated
by the WVSA.
(10)
Any substance which may cause the WVSA treatment plant's
effluent or any other product of the WVSA such as residues, sludges,
or scums, to be unsuitable for reclamation and reuse or to interfere
with the reclamation or disposal process. In no case shall a substance
discharged to the WVSA's facilities cause the WVSA to be in noncompliance
with sludge use or disposal criteria, guidelines or regulations developed
under Section 405 of the Act, 33 U.S.C.A. § 1345, any criteria
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, 42 U.S.C.A. § 6901
et seq.; the Clean Air Act, 42 U.S.C.A. § 7401 et seq.;
the Toxic Substances Control Act, 15 U.S.C.A. § 2601 et
seq.; or state criteria applicable to the sludge management or disposal
method being used.
(11)
Any substance which will cause or contribute to a violation
of the WVSA's NPDES permit or cause interference or pass through,
as established by the local limits adopted by the WVSA.
(12)
Any wastewater with color not removed in the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions
such as would cause or contribute to pass through or interference.
(13)
Any wastewater containing any radioactive wastes or isotopes
by such half-life or concentration as may exceed limits established
by the Executive Director in compliance with applicable state or federal
regulations.
(14)
Any substance which causes a hazard to human life or creates
a public nuisance.
C.
When a local limit has been developed to implement any of the above
prohibited waste standards, compliance with the local limit shall
be deemed compliance with the prohibited waste standard unless the
user has reason to know that the discharge, notwithstanding the local
limit, has a reasonable potential to cause interference or pass through.
Upon the promulgation of National Categorical Pretreatment Standards
for a particular industrial category or subcategory, the national
standards, if more stringent than limitations imposed under this article
for sources in that subcategory, shall immediately supersede the limitations
imposed under this article. The Executive Director shall notify all
affected users of the applicable reporting requirements under 40 CFR
403.12. However, failure to notify a categorical user of the applicable
regulations shall not act to excuse any such user from its duty to
comply with applicable law.
No user shall contribute or cause to be contributed any discharge
which by nature shall cause an upset in the performance of the WVSA's
treatment system or pass through or interference such that the WVSA
will violate or will be in danger of violating any provision of its
NPDES permit or applicable state or federal regulations.
A.
The WVSA will develop local limits as set forth in 40 CFR 403.5 and
such other local limits as it deems advisable for the safe, efficient
and reliable operation of the sewer system and the WVSA facilities.
Local limits shall be applicable to such users as WVSA shall designate,
including, but not limited to, all industrial users.
B.
WVSA may develop equivalent mass limits or equivalent concentration
limits to implement categorical pretreatment standards when requested
by a categorical industrial user, pursuant to the provisions at 40
CFR 403.6(c)(5) and (6).
State requirements and limitations on wastewater indirect discharge
shall apply in any case where they are more stringent than federal
and/or local requirements and limitations, or those in this article.
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 the limitations contained in the National Categorical Pretreatment Standards, or in any pollutant-specific limitations developed by the WVSA or the Commonwealth; provided, however, that dilution may be an acceptable means of complying with certain of the prohibitions set forth in § 191-35, e.g., the pH and temperature prohibitions, if such dilution is authorized by an industrial wastewater discharge permit.
No user shall discharge any stormwater, including, but not limited
to, basement or foundation drainage, or any uncontaminated cooling
water into the sanitary sewer system, provided that such discharges
are allowable into those portions of the sewer system (if any) that
are designated combined sewers by the municipality. When, upon application
to do so, the direct discharge of uncontaminated cooling water has
been prohibited by the PADEP, the municipality and WVSA may permit
such a discharge into the sanitary sewer system upon application by
the user to do so.
A.
Purpose. The purpose of this section is to provide for the recovery
of costs from users of the WVSA's facilities for the implementation
of the discharge control program established herein. In consideration
of the service provided by WVSA and as provided in the service agreement,
WVSA is hereby authorized to collect from users within the municipality
all such charges or fees as shall be set forth in the WVSA's
Schedule of Charges and Fees.
A.
The municipality and/or the WVSA may adopt charges and fees which
may include:
(1)
Fees for reimbursement of clerical, labor, and overhead costs of
administering and operating the WVSA's pretreatment program;
(2)
Fees for monitoring, inspections and sampling of industrial users,
including any extraordinary costs incurred for response costs or to
ensure compliance by a noncompliant user;
(3)
Fees for reviewing slug discharge control and spill prevention procedures,
pretreatment plans, and plans for grease and sediment interceptors;
(4)
Fees for response to accidental or slug discharges;
(5)
Fees for permit applications;
(6)
Fees for consistent removal of pollutants otherwise subject to federal
pretreatment standards as provided by 40 CFR 403.7;
(7)
Fees and surcharges for removal of pollutants such as BOD, TSS, oil
and grease, phosphorus, or nitrogen discharged in amounts greater
than those found in domestic sewage;
(8)
Other fees as the municipality and/or the WVSA may deem necessary
to carry out the requirements contained herein.
B.
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the municipality and
WVSA.
A.
The WVSA may require payment of a surcharge by any user who discharges
wastewater of higher than normal concentration or loading of any substance,
which results in additional treatment costs to the WVSA. Such surcharges
shall be in addition to the regular sewer rent set forth in the Rules
and Regulations of the WVSA.
B.
Surcharges shall be established by the WVSA in its duly adopted Rules
and Regulations.
A.
Any user generating wastewater of a character prohibited from discharge into the sanitary sewer system under §§ 191-35 through 191-42 of this article shall provide for pretreatment of the wastewater as necessary to attain the standards established by this article and the Rules and Regulations of the WVSA. The municipality may, at its sole discretion and in conformance with the provisions of Act 537, permit the installation of holding tanks for wastes which are not amenable to pretreatment upon application by a user. The installation, operation, and maintenance of holding tanks shall be as prescribed by the municipality as a condition of its approval.
B.
Grease traps or sediment traps shall be provided for the proper handling of waste containing grease, sand or sediment, in amounts above the limits provided herein. All traps shall meet the standards prescribed in § 191-54.
C.
Storage, handling, disposal, and transportation of materials removed
from pretreatment facilities, grease traps or sediment traps shall
be accomplished according to all applicable federal, state, and local
regulations that pertain to the type and/or class of waste generated.
D.
Any facilities required to pretreat wastewater to a level acceptable
to the WVSA shall be provided, operated and maintained at the user's
expense.
A.
Detailed plans showing the pretreatment facilities and documentation
of operating procedures shall be submitted to the WVSA for review,
and shall be acceptable to the WVSA before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of constructing, operating, or modifying
the facility as necessary to produce an effluent acceptable to the
WVSA under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the WVSA prior to the user's initiation
of the changes.
B.
In addition to approval of WVSA, a building permit may be required
by the municipality and the provisions of this article shall not supersede
any requirements of the Building Code applicable to the user's
facilities.
A.
It shall be unlawful to discharge to the sanitary sewer system of
the municipality, any wastewater of any kind except as authorized
by this article or the Rules and Regulations of the WVSA, as amended.
B.
All nondomestic users proposing to connect to or to contribute to
the sewer system shall notify the WVSA of such intent prior to connection
or prior to the commencement of discharge if the connection point
already exists.
C.
industrial users shall apply for and obtain an industrial wastewater
discharge permit from the WVSA before connecting to or discharging
industrial wastewater to the sewer system. Other nondomestic users
may be required to apply for and obtain a permit to discharge wastewater
other than domestic sewage by the WVSA as provided in its Rules and
Regulations.
D.
WVSA may, at its discretion and in conformance with the provisions
of 40 CFR 403.8(f)(1)(iii)(A), develop and issue general permits
for certain classes of nondomestic user.
A.
Industrial wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the WVSA during the term of the permit as limitations or requirements as identified in §§ 191-35 through 191-42 are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit itself shall include a reasonable time schedule for compliance, as determined by the WVSA.
B.
Industrial wastewater discharge permits are issued to a specific
user for a specific operation and type of discharge. A permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the approval
of the WVSA. If approval is granted by the WVSA, any succeeding owner
or user shall also comply with the terms and conditions of the existing
permit.
C.
Permits shall contain such terms and conditions as the WVSA shall
determine as expressed in its Rules and Regulations. Permits may include
the following:
(1)
Effluent limits and best management practices based on National Categorical
Pretreatment Standards, local limits, or other applicable discharge
standards;
(2)
Specifications for monitoring programs which include sampling locations,
frequency of sampling, types and standards for tests (including the
requirement that all sampling be representative of the discharge)
and reporting schedules;
(3)
Compliance schedules;
(4)
Requirements for submission at specified times to the WVSA of technical
reports, laboratory analysis reports, or discharge reports;
(5)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the WVSA, and affording WVSA
access thereto at reasonable times for examination and copying;
(6)
Requirements for notification of the WVSA or any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system;
(7)
Requirements for installation and maintenance of inspection and sampling
facilities;
(9)
Other conditions as deemed appropriate by the WVSA to ensure compliance
with this article and the WVSA Rules and Regulations;
(10)
Notice of applicable civil and criminal penalties for violation
of pretreatment standards and requirements or other provisions of
this article, the permit, or the Rules and Regulations of WVSA; and
(11)
A schedule of user charges and fees for the wastewater to be
discharged into the sanitary sewer system.
A.
All industrial users shall submit to the WVSA an industrial wastewater discharge questionnaire containing information as set forth in this article or required by the Rules and Regulations of the WVSA. Other nondomestic users may be requested to submit information at the discretion of WVSA upon review of the notice required by § 191-48B of this article.
B.
Users required to obtain an industrial wastewater discharge permit
shall be so notified by the WVSA and shall timely complete and file
with the WVSA an application in the form prescribed by the WVSA, and
accompanied by the appropriate fee. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information, as required by WVSA:
(1)
Name, address, and location (if different from the address);
(2)
SIC number according to the Standard Industrial classification Manual,
Bureau of the Budget, 1972, as amended;
(4)
Time and duration of discharge;
(5)
Average daily wastewater flow rates, short term peaks or batch discharge
rates, and daily, monthly and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation;
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged;
(8)
Material Safety Data Sheets (MSDS) for all chemicals used on site;
(9)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any local, state, or federal pretreatment
standards, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment
facilities are required for the user to meet applicable pretreatment
standards;
(10)
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. The completion date
in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. The following conditions
shall apply to this schedule:
(a)
The schedule shall contain increments of progress in the form
of "milestone" 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
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.)
(b)
No increment referred to in Subsection B(1)(a) shall exceed
nine months.
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Executive Director, including, as a minimum, whether or not
it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Executive Director.
(11)
Each product produced by type, amount, process or processes
and rate of production;
(12)
Type and amount of raw materials processed (average and maximum
per day);
(13)
Number of employees per shift, hours of operation of plant and
proposed or actual hours of operation of pretreatment system;
(14)
Any other information as may be deemed by the WVSA to be necessary
to evaluate the permit application.
C.
The WVSA will evaluate the data furnished by the user and may require
additional information. After evaluation of the data furnished, the
WVSA may issue an industrial wastewater discharge permit subject to
terms and conditions provided herein.
Within three months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a newly promulgated National Categorical Pretreatment Standard had not previously submitted an application for an industrial wastewater discharge permit as required by § 191-48, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Executive Director, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by § 191-50B(9) and (10).
A.
Following review of a report submitted under § 191-48 of this article, each nondomestic user shall be placed into the appropriate classification of discharger. Said classifications are defined as follows:
(1)
A significant industrial user shall be a Class I user.
(2)
A Class II user shall include nonsignificant categorical industrial
users and any nondomestic user that discharges any wastes other than
domestic sewage to the sanitary sewer system in amounts that on a
routine basis are determined by the WVSA not to have a significant
impact on the treatment system, but may present a potential to impact
on the treatment system, such as, but not limited to, users with oil
and grease or settleable solids discharges that may present a potential
to cause sewer obstructions, and those that have the potential to
have slug discharges or chemical spills.
(3)
A Class III user shall be any nondomestic user who discharges only
domestic sewage or has a dry process, or is considered to have insignificant
impact on the treatment system.
(4)
A Class IV or commercial user shall be any nondomestic user who discharges
industrial wastewater of the nature produced by facilities such as
vehicle wash facilities, vehicle maintenance shops, fluid change facilities,
steam cleaning facilities, restaurants, lounges, etc.
B.
For the purpose of the permit process, all Class I users shall be
required to obtain an industrial wastewater discharge permit from
the WVSA. Class II, Class III and Class IV users may be required to
obtain a permit, as determined by the WVSA.
C.
Whether a user is required to obtain a permit or not, it may be required
to install such facilities as the WVSA or municipality deems necessary
to comply with the provisions of this article.
Class II and IV users that discharge or have the potential to discharge significant quantities of oil and grease or sediment, as determined by the WVSA, shall install and properly operate and maintain a grease trap or sediment trap (or both when necessary) satisfactory to the WVSA as required by its Rules and Regulations. Proper operation and maintenance of grease and sediment traps includes, but is not limited to, removal of accumulated grease or sediment on a routine basis and maintenance of documentation of such activity pursuant to § 191-59. Failure to timely install, or to properly operate or maintain a grease or sediment trap required by this article shall be a violation of this article and may result in the rescission or suspension of the right to discharge wastewater to the sewer system, whether or not a permit has been issued by the WVSA.
Users required or choosing to install grease traps or sediment
traps shall apply to the WVSA for a list of standard construction
design criteria as prepared by and available through the WVSA's
Engineering Department in accordance with current pretreatment design
requirements. Users may deviate from standard construction design
criteria only with permission of the Executive Director.
The municipality and the WVSA may inspect the facilities of
any nondomestic user to ascertain whether the purpose of this article
is being met and all requirements are being complied with. Persons
or occupants of premises where wastewater other than domestic sewage
is created or discharged shall allow representatives of the municipality
and WVSA ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination
and/or copying, or in the performance of any of their duties. The
municipality, WVSA, PADEP and/or the EPA shall have the right to set
up on the nondomestic user's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
personnel so that upon presentation of suitable identification, representatives
of the municipality, WVSA, PADEP and/or the EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
A.
It shall be the responsibility of the industrial user to maintain
its pretreatment facility in a working order to provide consistent
compliance with the limitations set forth in the industrial wastewater
discharge permit and/or the Rules and Regulations of the WVSA. Operation
of the pretreatment system shall be undertaken by the user according
to the prescribed methods of the manufacturer as approved by the WVSA,
to provide consistent compliance with the limitations set forth in
this article, the industrial wastewater discharge permit and the Rules
and Regulations of the WVSA. The user shall be required to maintain
documentation reflecting operations and maintenance of all pretreatment
facilities.
B.
If required by the WVSA, a user shall develop and implement a slug
control plan containing the elements itemized at 40 CFR Section 403.8(f)(2)(vi).
The slug control plan shall be submitted to the WVSA for review and
approval before implementation.
C.
Any user required to install and operate a grease trap or sediment
trap shall maintain the equipment in working order to provide consistent
compliance with the limitations set forth in any permit issued by
the WVSA and/or the Rules and Regulations of the WVSA. Operation of
the trap shall be undertaken by the user according to the prescribed
methods of the manufacturer as approved by the WVSA, to provide consistent
compliance with the limitations set forth in this article, any permit
and the Rules and Regulations of the WVSA. The user shall be required
to maintain documentation reflecting operations and maintenance of
all grease and sediment traps for a period of three years or for such
period of time as may be required by any permit.
The volume of flow used in computing loadings or surcharges
shall be based on the total water consumption data as obtained from
the permittee or the records of the local water utility. If a user
has a substantial portion of the metered water that does not reach
the sanitary sewer system the user may, at its own expense, and with
approval from the Executive Director, install a separate flow metering
device to measure the actual discharge into the sanitary system. If
the actual flow to the sanitary system is measured, the equipment
used for the measurement of the flow must be maintained in proper
working order at all times. A separate written record of calibration
and maintenance must be kept for the flow metering device and made
readily available for inspection by the WVSA.
The WVSA may conduct periodic monitoring of the following types:
A.
Scheduled or unscheduled sampling and inspections of the user's
facilities and records shall be conducted at all Class I users at
least once each year.
B.
Additional sampling or inspections may be conducted whenever the
WVSA determines a need to investigate the discharges of a user.
C.
Demand sampling and inspections may be performed in response to a complaint or an unusual or emergency situation, such as when the WVSA determines a change in the normal discharge characteristics of the user's wastewater flow, if a violation was detected during sampling or self-monitoring under § 191-58, if problems that may be attributable to the user's discharge occur in the sewer system or WVSA facilities, or if a complaint or report of noncompliance is received by the municipality or WVSA.
A.
Users subject to an industrial wastewater discharge permit may be
required, at the user's expense, to conduct sampling and analyses
of their wastewater on a periodic schedule as established by the permit.
Should the results of said analyses indicate a violation of any provision
of the user's permit, the user must:
C.
All wastewater sampling shall be representative of the indirect discharge.
Unless otherwise specified in the wastewater discharge permit (and
documented in the WVSA files), all samples shall be collected as flow-proportional
composite samples over a twenty-four-hour period, except for samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds which shall be obtained as grab samples. Grab samples
for cyanide, total phenols and sulfides may be obtained as multiple
grab samples and composited in the field or the laboratory before
analysis; grab samples for oil and grease and volatile organic compounds
may be obtained as multiple grab samples and composited in the laboratory
before analysis. For constituents required to be collected as grab
samples, the permit shall specify the number of grab samples required
for each representative analysis.
D.
Unless otherwise specified in a permit all sampling, sample preservation,
and laboratory analyses shall be according to the requirements in
40 CFR Part 136.
A.
All users subject to an industrial wastewater discharge permit shall
be required to submit such reports as required by 40 CFR 403.12 or
the industrial wastewater discharge permit. Said reports include:
(1)
Baseline monitoring reports for all categorical industrial users,
as provided by 40 CFR 403.12(b); sampling shall be as provided at
40 CFR 403.12(g)(4), and shall include a minimum of four grab samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds for facilities for which historical sampling data
do not exist, and a number as established by WVSA for facilities for
which historical sampling data are available;
(2)
Compliance schedule reports as required by 40 CFR 403.12(b)(7) and
(c);
(3)
Ninety-day compliance reports for categorical industrial users, as
provided by 40 CFR 403.12(d); sampling shall be as provided at 40
CFR 403.12(g)(4), and shall include a minimum of four grab samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds for facilities for which historical sampling data
do not exist, and a number as established by WVSA for facilities for
which historical sampling data are available;
(4)
Periodic reports on continued compliance as scheduled in accordance with the user's industrial wastewater discharge permit and § 191-59 of this article;
(5)
Immediate notice to the WVSA of any discharge that constitutes a
slug discharge;
(6)
Immediate notice to the WVSA of any change in the user's facility
that could affect the potential to have a slug discharge;
B.
Every significant industrial user and any nondomestic user which
is required, by permit or by request of the WVSA, to institute any
monitoring, BMP, sampling, grease or sediment removal, or any other
activity which will produce a record (such as flow meter or pH recorder
charts, laboratory results, or hauled waste records) shall retain
all such records for a period of at least three years. All sampling
records of significant industrial users shall include the information
as set forth at 40 CFR 403.12(o).
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the approval authority upon request.
The reports and other documents required to be submitted or maintained
under this section may be subject to the provisions of Section 309(c)(4)
of the Clean Water Act, 33 U.S.C.A. § 1319(c)(4), as amended,
and 18 Pa.C.S.A. § 4904, as amended, governing false statements,
representations, or certifications.
A.
All industrial users shall be required, in accordance with 40 CFR
403.12(p), to report the discharge into the sanitary sewer system
of any substance, which if otherwise disposed of, would be a listed
or characteristic hazardous waste under 40 CFR Part 261. Said notification
shall be in writing to the WVSA, the EPA Regional Waste Management
Division Director, and the PADEP hazardous waste authorities, and
shall 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
(batch, continuous, or other).
B.
If the user discharges more than 100 kilograms of such waste per
calendar month to the WVSA, the notification shall also contain the
following:
(1)
An identification of the hazardous constituents contained in the
wastes;
(2)
An estimation of the mass and concentration of such constituents
in the waste stream to be discharged in that calendar month;
(3)
An estimation of the mass and concentration of such constituents
in the waste stream expected to be discharged during the following
12 months.
C.
All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this section needs to be submitted only once for each hazardous waste discharged, provided that any planned change in the volume or character of the hazardous waste discharge must be reported as provided in § 191-59 of this article. The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of this article.
D.
In the case of any notification made under this section, the user
shall certify that it has in place a program to reduce the volume
and toxicity of hazardous wastes generated.
A.
All required reports submitted by a user must be signed by an authorized
representative, as defined by 40 CFR 403.12(1) to be:
(1)
A principal executive officer of at least the level of vice president
if the user is a corporation;
(2)
A manager of one or more manufacturing, production or operating facilities,
provided that the manager is authorized to make management decisions
which govern the operation of the manufacturing facility and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedure;
(3)
A general partner or proprietor if the user is a partnership or sole
proprietorship, respectively;
(4)
A duly authorized representative of the individual designated in Subsection A(1), (2), or (3) above if the authorization is made, in writing, by the person designated in Subsection A(1), (2), or (3), the authorization specifies either the individual or a position having responsibility for the overall operation of the facility from which the discharge originates; and the authorization is submitted to the WVSA.
B.
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to federal pretreatment
regulations and/or this article, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required
under federal pretreatment regulations or this article, shall be subject
to the civil and criminal penalties as set forth at 40 CFR 403.12(n)
governing false statements, representations or certifications in reports
required under the Act, as well as 18 Pa.C.S.A. § 4904,
as amended, and other applicable state law.
A.
The WVSA may require to be provided and operated at the user's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage
systems from which a discharge flows into the sewer system. The monitoring
facility should normally be situated on the user's premises,
but the municipality may, upon application by the user and when such
a location would be impractical or cause undue hardship on the user,
allow the facility to be constructed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping
or parked vehicles.
B.
There shall be ample room in or near such monitoring facility to
allow accurate sampling and preparation of samples for analysis. The
monitoring facility shall be maintained at all times in a safe and
proper operating condition at the expense of the user.
C.
Whether constructed on public or private property, the monitoring
facilities shall be provided in accordance with the WVSA's requirements
and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
of approval of the plans by the WVSA or within such other time as
may be authorized by WVSA.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits, monitoring programs and inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the WVSA that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NPDES) permit, and the pretreatment program; provided, however, that
such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. wastewater constituents
and characteristic shall not be recognized as confidential information.
C.
Information accepted by the WVSA as confidential, shall not be transmitted
to the general public by the WVSA until and unless a ten-day notification
is given to the user. Information accepted as confidential by the
WVSA shall be made available to governmental agencies. If requested
by the user, the EPA and PADEP will treat the submitted information
as confidential to the extent provided in 40 CFR Part 2.
A.
Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this article. Facilities
to prevent accidental discharge of prohibited materials and to mitigate,
reduce, and contain any such discharge shall be provided and maintained
at the user's expense. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the WVSA for review, and shall be approved by the WVSA before construction
of the facility. No user who commences Discharge of industrial wastewater
to the sanitary sewer system after the effective date of this article
shall be permitted to introduce pollutants into the system until accidental
discharge protection, containment and countermeasure procedures have
been approved by the WVSA. Review and approval of such plans and operating
procedures shall not relieve the user from the responsibility to modify
the user's facility as necessary to meet the requirements of
this article.
B.
In the case of an accidental discharge, it is the responsibility
of the user to immediately telephone and notify the WVSA of the incident.
The notification shall include location of the discharge, type of
waste, concentration and volume, and corrective actions being taken.
C.
Within five days following an accidental discharge, the user shall
submit to the Executive Director a detailed report describing the
cause 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 WVSA, its facilities, or
any other person or property; nor shall notification relieve the user
of any fines, civil penalties, or other liability which may be imposed
by this article or other applicable law. Failure to notify the Executive
Director of an accidental discharge shall constitute a separate and
distinct violation of this article.
D.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees who to call in the
event of an accidental discharge. Employers shall insure that all
employees who may be present in an area where an accidental discharge
may occur are advised of the emergency notification procedure as well
as the containment and countermeasures developed by the user to mitigate
and control any such discharge.
In the case of a nondomestic user that, for reasons of emergency
maintenance, equipment failure, or other similar unforeseen event
beyond the user's reasonable control, must discharge prohibited,
high strength, or other wastewater of unusual strength, character
or volume, the user may apply to the Executive Director for an emergency
discharge permit. The Executive Director may issue such a permit,
on terms and conditions as he deems appropriate, upon his review of
the information provided and in his sole discretion. No discharge
of the unusual wastewater may be made until and unless an emergency
discharge permit has been issued. An emergency discharge permit shall
not be issued for longer than 30 days and may be renewed only after
a new application has been made.
Whenever the WVSA finds that any nondomestic user has violated
or is violating this article, the Rules and Regulations of the WVSA,
its industrial wastewater discharge permit, or any prohibition, limitation
or requirements contained herein, the WVSA may serve upon such person
a written notice of violation stating the nature of the violation.
Within 30 days of the date of the notice, or within such other reasonable
time as the Executive Director shall state, a plan for the satisfactory
correction thereof shall be submitted to the WVSA by the user.
A.
The WVSA may notify any user who is in violation of this article,
an industrial wastewater discharge permit, or the Rules and Regulations
of the WVSA, to show cause before the WVSA Board of Directors (or
such other adjudicative body as the WVSA shall select) why a proposed
enforcement action should not be taken. The notice shall be served
on the user specifying the time and place of a hearing to be held
by the WVSA regarding the violation, the reasons why the action is
to be taken, the proposed enforcement action, and directing the user
to show cause before the WVSA why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
B.
A show cause hearing is not subject to the requirements of the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq., but may be conducted
as provided in that statute at the discretion of the WVSA Board or
adjudicative body.
C.
Within a reasonable time after the conclusion of a show cause hearing,
the Board of Directors (or adjudicative body) shall issue an opinion
regarding the alleged violation and any enforcement action which it
believes is appropriate. The WVSA may then proceed to undertake the
recommended enforcement action, if any.
A.
If any person discharges sewage, industrial wastewater or other wastes
into the sanitary sewer system contrary to the provisions of this
article, federal or state pretreatment requirements, the WVSA Rules
and Regulations, or any permit issued by the WVSA, the Municipal Solicitor
may commence an action for appropriate legal and/or equitable relief
in the courts. When the WVSA determines the need for legal action,
said action shall be undertaken by the municipality within 30 days
of notification by the WVSA.
B.
In the alternative, for purposes of enforcement of this article and
the pretreatment program, the municipality hereby appoints the Wyoming
Valley Sanitary Authority as its agent and authorizes the WVSA or
its duly appointed agents and employees, to undertake any legal action
in the name of municipality, including but not limited to the filing
of a civil complaint in the Court of Common Pleas of Luzerne County.
In the case that WVSA acts in the name of municipality, municipality
shall cooperate with and support the WVSA in the prosecution of any
civil action as may be necessary.
A.
Any user who violates the following conditions of this article, applicable
state or federal regulations, or an industrial wastewater discharge
permit is subject to having its industrial wastewater discharge permit
revoked or suspended in accordance with the procedures of this section:
(1)
Failure of a user to factually and accurately report the wastewater
constituents and characteristics of its discharge;
(2)
Failure of the user to report significant changes in operations, or changes in industrial wastewater constituents and characteristics, including, but not limited to, changes in facilities related to the control of slug discharges as required by § 191-56B;
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
(4)
Violation of any condition of the industrial wastewater discharge
permit.
B.
Upon notice of suspension or revocation of an industrial wastewater discharge permit the user shall immediately cease the discharge of industrial wastewater to the sewer system. Any discharge of industrial wastewater to the sewer system after notice of revocation or suspension shall be a violation of this article and subject to the penalties provided herein. In the case of a suspension, the permit shall be reinstated upon a showing that the user has corrected the condition for which the suspension was imposed. In the case of a revocation, the user may only receive a new permit by going through the application process as stated in § 191-50 of this article.
A.
The municipality and/or the WVSA may suspend the wastewater treatment
service when such suspension is necessary, in the opinion of the WVSA,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons, to the environment, causes Interference or
pass through at the WVSA's treatment plant or causes the WVSA
or municipality to violate or be in danger of violating any condition
of an NPDES permit or state-issued water quality management permit.
B.
Any person notified of a suspension of the wastewater treatment service
shall immediately stop or eliminate the discharge. In the event of
a failure of the person to comply voluntarily with the suspension
order, the municipality may, and the WVSA is authorized to, take such
steps as deemed necessary including immediate severance or obstruction
of the sewer connection from the user's property, to prevent
or minimize damage to the sewer system or the WVSA facilities or endangerment
to any individuals. The WVSA or the municipality shall reinstate the
wastewater treatment service only upon satisfactory proof of elimination
of the noncomplying discharge. All costs associated with the severance
and/or reconnection of a sewer shall be incurred by the user.
A.
Any user who is found to have violated any provision of this article,
the Rules and Regulations of the WVSA, as amended, or any regulations
or permits issued by the WVSA or the municipality shall be subject
to a civil penalty of not less than $100 nor more than $1,000 per
each violation. Each day on which a violation shall occur or continue
to occur shall be deemed a separate and distinct violation.
B.
Municipality recognizes that the WVSA has independent civil penalty
authority under the provisions of the Publicly Owned Treatment Works
Penalty Law (Act 9 of 1992, 35 P.S. § 752.1 et seq.). Any
violation of this article shall constitute a violation of the WVSA's
EPA-approved industrial pretreatment program and subject an industrial
user to the penalties provided thereunder. Should WVSA choose to assess
a civil penalty under its independent authority against a user who
violates any provision of this article, municipality shall cooperate
to the extent necessary to aid WVSA in such an action.
C.
In addition to the civil penalties provided herein, the municipality
and/or the WVSA may recover reasonable attorneys' fees, court costs,
court reporters' fees and other expenses of litigation by appropriate
suit at law against the person found to have violated this article,
the WVSA rules and regulations, or any permit issued hereunder.
Any user subject to an enforcement action or issuance or denial
of an industrial wastewater discharge permit under this article may
file an appeal with the WVSA within 15 days of receipt of the notice
of the enforcement action or permit issuance, revision, or denial.
Said appeal shall be conducted by the WVSA as provided in the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
A.
The WVSA shall annually publish in a local newspaper of general circulation,
a list of the significant industrial users which were in significant
noncompliance with the pretreatment standards and requirements contained
herein at least once during the previous calendar year. Significant
noncompliance shall include any of the following:
(1)
Chronic violations, defined as those in which 66% or more of all
measurements taken for the same pollutant parameter during a six-month
period are in excess of an applicable numeric pretreatment standard
or requirement, including instantaneous maximum limits;
(2)
Technical review criteria (TRC) violations, defined as those in which
33% or more of all measurements taken for the same pollutant parameter
during a six-month period equal or exceed the product of the numeric
pretreatment standard or requirement, including instantaneous limits
multiplied by the applicable TRC. TRC is 1.4 for BOD, TSS, oil and
grease, and 1.2 for all other pollutants except pH;
(3)
Any other violations of a pretreatment standard or requirement, including
a narrative standard, which the WVSA determines has caused or contributed
to interference or pass through;
(5)
Failure to meet a compliance schedule milestone within 90 days of
the schedule date;
(6)
Failure to provide within 45 days after the due date, required reports as itemized in § 191-60 of this article;
(7)
Failure to accurately report noncompliance;
(8)
Any other violation or groups of violations including a violation
of a BMP imposed by a permit or implemented as part of a plan developed
by the user and approved by the WVSA, which the WVSA determines to
adversely affect the operation or implementation of its approved pretreatment
program.
B.
The newspaper notice shall also summarize any enforcement actions
taken against the user during the same time period.
The municipality and the WVSA shall cooperate in all matters
as they pertain to this article. Neither the municipality nor the
WVSA shall act in any manner so as to compromise in any way the ability
of the other party to administer this article.
The provisions of this article are severable. If any provision,
paragraph, word, or section of this article is declared to be unconstitutional,
illegal, or invalid, the validity of the remaining provisions, paragraphs,
words, or sections shall be unaffected thereby and shall be in full
force and effect. It is the intention of the municipality that this
article would have been adopted had such unconstitutional, illegal
or invalid part not been included.
This article repeals in its entirety all ordinances and parts
of other ordinances which are inconsistent or conflicting with any
part of this article to the extent of such inconsistency or conflict.
In particular, and not by way of limitation, the wastewater collection
and treatment ordinance passed by Plymouth Borough on December 8,
1992, is hereby repealed.
This article shall be in full force and effect from and after
its passage, approval and publication, as provided by law.
