CROSS REFERENCES
Discharging water from a swimming pool into sanitary sewerage
system — See § 1444.08.
Dumping and storing cesspool cleanings, excrement and the like — See
§ 680.03.
Excavations by public service corporations and utility companies — See
§ 1026.06.
Stormwater management and sedimentation control — See Ch. 1230.
[Ord. 560, passed 4-13-1992]
This purposes of this chapter shall be as follows:
(A)
To promote and protect the public health, safety, comfort, convenience
and other aspects of the general welfare. These general goals include
the specific enforcement of the various regulations promulgated by
the Southwest Delaware County Municipal Authority (SWDCMA), the United
States Environmental Protection Agency (USEPA), the Pennsylvania Department
of Environmental Resources (PADER) and such other agencies which may
succeed the aforementioned agencies. This chapter shall be known and
may be cited as the "Borough of Brookhaven Wastewater Treatment Chapter,"
and the said Borough shall be referred to hereinafter as the municipality;
(B)
To provide for the enforcement and prosecution of the standards,
rules and regulations adopted by SWDCMA, USEPA and PADER;
(C)
To set forth uniform requirements for users of the wastewater collection
and publicly owned treatment works (POTW) for this municipality to
comply with all applicable state and federal laws, including the Clean
Water Act (33 U.S.C. §§ 1251 et seq.) and the General
Pretreatment Regulations (40 C.F.R. Part 403);
(D)
To prevent the introduction of pollutants into the POTW that will
interfere with the operation of the POTW;
(E)
To prevent the introduction of pollutants into the POTW that will
pass through the POTW, inadequately treated, into receiving waters,
or that will otherwise be incompatible with the POTW;
(F)
To ensure that the quality of the wastewater treatment plant sludge
is maintained at a level which allows its use and disposal in compliance
with applicable statutes and regulations;
(G)
To protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public;
(H)
To improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW;
(I)
To provide fees for the equitable distribution of the cost of operation,
maintenance and improvement of the POTW; and
(J)
To enable this municipality to comply with its NPDES permit conditions,
sludge use and disposal requirements and any other federal or state
laws to which the POTW is subject.
[Ord. 560, passed 4-13-1992]
This chapter shall apply to all industrial users of the POTW.
This chapter authorizes the issuance of wastewater discharge permits;
authorizes monitoring, compliance and enforcement activities; establishes
administrative review procedures; requires industrial user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
[Ord. 560, passed 4-13-1992]
The administration and enforcement of this chapter shall be
by an officer or person appointed by Council. Any powers granted to
or duties imposed upon such officer or person may be delegated to
other personnel.
[Ord. 560, passed 4-13-1992]
The municipality hereby ordains and establishes that any person,
firm or corporation who or which fails or refuses to comply with the
Standards, Rules and Regulations of the SWDCMA, which are set forth
in this chapter, shall be subject to the penalties provided in this
chapter.
[Ord. 560, passed 4-13-1992]
(A)
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
(1)
(a)
1.
2.
(b)
(c)
(2)
BIOCHEMICAL OXYGEN DEMAND or BOD
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COLOR
COMPOSITE SAMPLE
ENFORCING OFFICER
ENVIRONMENTAL PROTECTION AGENCY or USEPA
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER or USER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
(1)
(2)
(3)
(4)
(5)
(6)
MEDICAL WASTE
MODIFICATION
MUNICIPALITY
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
NONCONTACT COOLING WATER
PASS THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS or POTW
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
TREATMENT PLANT EFFLUENT
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
The appropriate Regional Administrator of the USEPA, or his
or her designee, or the appropriate state authority when the state
as been delegated an approved pretreatment program.
Means:
If the industrial 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 decision-making 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 industrial user is a partnership, or sole proprietorship,
a general partner or proprietor, respectively; or
If the industrial 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 governmental
facility, or his or her designee.
The individuals described in Divisions (a)1 through (a)3 hereof
may designate another authorized representative if such authorization
is in writing, if such 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 if such authorization is submitted to
this municipality.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, for five days
at 20° C., expressed in terms of mass and concentration (milligrams
per liter (mg/l)).
Any regulation containing pollutant discharge limits promulgated
by the USEPA in accordance with §§ 307(b) and (c) of
the Act (33 U.S.C. § 1317), which apply to a specific category
of industrial users and which appear in 40 C.F.R. Chapter I, Subchapter
N, Parts 405 through 471.
The optical density at the visual wave length of maximum
absorption, relative to distilled water. 100% transmittance is equivalent
to 0.0 optical density.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The person designated by this municipality to supervise the
operation of the POTW, and who is charged with certain duties and
responsibilities by this chapter.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed categorical pretreatment
standards which will be applicable to such source if the standard
is thereafter promulgated in accordance with § 307 of the
Act.
A sample which is taken from a waste stream on a one-time
basis without regard to the flow in the waste stream and without consideration
of time.
The introduction of non-domestic pollutants into the POTW
from any non-domestic source regulated under § 307(b), (c)
or (d) of the Act.
A source of indirect discharge.
The maximum concentration (or loading) 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 this municipality's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory and/or regulatory
provisions or permits issued thereunder, or more stringent state or
local regulations:
Section 405 of the Clean Water Act;
The Solid Waste Disposal Act (SWDA), including Title II, commonly
referred to as the Resource Conservation and Recovery Act (RCRA);
Any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the SWDA;
The Clean Air Act;
The Toxic Substances Control Act; and
The Marine Protection, Research and Sanctuaries Act.
Isolation wastes, infectious agents, human blood, blood by-products,
pathological wastes, sharps, body parts, fomites, etiologic agents,
contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis wastes.
Construction on a site at which an existing source is located
where such construction does not create a new building, structure,
facility or installation meeting the criteria of the definition for
new source, Divisions (a)1 or (a)3 hereof, but otherwise alters, replaces
or adds to existing process or production equipment.
The Borough of Brookhaven.
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 § 307(c) of the Act, 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;
The building, structure, facility or installation totally replaces
the process or production equipment that caused the discharge of pollutants
at an existing source; or
The production of wastewater generating processes of the building,
structure, facility or installation is substantially independent of
an existing source at the same site. In determining whether wastewater
generating processes 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 of a new source, as defined herein, has commenced
if the owner or operator has begun, or caused to begin, as part of
a continuous on-site construction program, any placement, assembly
or installation of facilities or equipment, or significant site preparation
work, including clearing, excavation or removal of existing buildings,
structures or facilities which is necessary for the placement, assembly
or installation of new source facilities or equipment; or if the owner
or operator has entered into a binding contractual obligation for
the purchase of facilities or equipment which is 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 Division (b).
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 this municipality's NPDES permit,
including an increase in the magnitude or duration of a violation.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The term PERSON includes all federal, state and
local governmental entities.
A measure of the acidity or alkalinity of a substance, expressed
in standard units.
Any dredged soil, solid wastes, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, agricultural
and industrial wastes and the characteristics of the wastewater (i.e.,
pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand
(COD), toxicity and 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 an industrial user, other than a pretreatment standard.
Prohibitive discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances.
(See § 1043.07.)
A treatment works as defined in § 212 of the Act
(33 U.S.C. 1292), which is owned by the state or the municipality.
The term "POTW" includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes, and any means by which wastewater is conveyed to a treatment
plant. The term "POTW" also means the municipal entity having jurisdiction
over the industrial users and responsibility for the operation and
maintenance of the 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 and the like).
Industrial users subject to categorical pretreatment standards;
and
Any other industrial user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater;
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the treatment
plant; and
Is designated as significant by this municipality because the
industrial user has a reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard
or requirement.
Any discharge at a flow rate or concentration which could
cause a violation of the prohibited discharge standards set forth
in § 1043.07 or any discharge of a nonroutine, episodic
nature, including, but not limited to, an accidental spill or a noncustomary
batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the U.S. Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting therefrom, 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.
One of 126 pollutants, or any combination of those pollutants,
listed as toxic in regulations promulgated by the USEPA under the
provision of § 307 of the Act (33 U.S.C. § 1317).
Any discharge of pollutants from the POTW into waters of
the state.
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 designed to provide treatment of
sewage and industrial waste.
(B)
In addition to the definitions provided herein, shall is mandatory
and may is permissive or discretionary. The use of the singular shall
be construed to include the plural, and the plural shall include the
singular, as indicated by the context of its use.
[Ord. 560, passed 4-13-1992]
The following abbreviations shall have the designated meanings:
|
BOD
|
Biochemical oxygen demand
|
|
C.F.R.
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
gpd
|
Gallons per day
|
|
l
|
Liter
|
|
mg
|
Milligrams
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National pollutant discharge elimination system
|
|
O&M
|
Operation and maintenance
|
|
POTW
|
Publicly owned treatment works
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
SIC
|
Standard industrial classifications
|
|
SWDA
|
Solid Waste Disposal Act (42 U.S.C. §§ 6901 et
seq.)
|
|
TSS
|
Total suspended solids
|
|
U.S.C.
|
United States Code
|
|
USEPA
|
U.S. Environmental Protection Agency
|
[Ord. 560, passed 4-13-1992]
(A)
No industrial 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 industrial users
of the POTW, whether or not they are subject to categorical pretreatment
standards or any other national, state or local pretreatment standards
or requirement.
(B)
Furthermore, no industrial user may contribute the following substances
to the POTW:
(1)
Pollutants which create a fire or explosive hazard in the municipal
wastewater collection and POTW, including, but not limited to, waste
streams with a closed-cup flashpoint of less than 140° F. (60°
C.) using the test methods specified in 40 C.F.R. Part 261.21;
(2)
Any wastewater having a pH of less than 5.0 or more than 9.0,
or otherwise causing corrosive structural damage to the POTW or equipment,
or endangering personnel;
(3)
Solid or viscous substances in amounts that will cause obstruction
of the flow in the POTW resulting in interference, but in no case
solids greater than three inches or seven centimeters in any dimension;
(4)
Any wastewater containing pollutants, including oxygen demanding
pollutants (BOD and the like), 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 either the POTW
or any wastewater treatment or sludge process, or which will constitute
a hazard to humans or animals;
(5)
Any wastewater having a temperature greater than 90° F.
(32.2° 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 treatment plant
to exceed 104° F. (40° C.);
(6)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin, in amounts that will cause interference or pass through;
(7)
Any pollutants which results in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may case acute
worker health and safety problems;
(8)
Any trucked or hauled pollutants, except at discharge points
designated by this municipality in accordance with §§ 1043.14
to 1043.19;
(9)
Any noxious or malodorous liquids, gases, solids or other wastewaters
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 and repair;
(10)
Any wastewater which imparts color that cannot be removed by
the treatment process, such as, but not limited to, dye waste and
vegetable tanning solutions, which consequently imparts color to the
treatment plants effluent, thereby violating this municipality's
NPDES permit. Color (in combination with turbidity) shall not cause
the treatment plant effluent to reduce the depth of the compensation
point for photosynthetic activity by more than 10% from the seasonally
established norm for aquatic life;
(11)
Any wastewater containing any radioactive wastes or isotopes,
except as specifically approved by the enforcing officer in compliance
with applicable state or federal regulations;
(12)
Stormwater, surface water, ground water, artesian well water,
roof run-off, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water and unpolluted industrial
wastewater, unless specifically authorized by the enforcing officer;
(13)
Any sludges, screenings or other residues from the pretreatment
of industrial wastes;
(14)
Any medical wastes, except as specifically authorized by the
enforcing officer in a wastewater discharge permit;
(15)
Any wastewater causing the treatment plant's effluent to
fail a toxicity test;
(16)
Any wastes containing detergents, surface active agents or other
substances which may cause excessive foaming in the POTW; and
(17)
Any discharge of fats, oils or greases of animal or vegetable
origin over 100 mg/l.
[Ord. 560, passed 4-13-1992]
The national categorical pretreatment standards provided in
40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471, are hereby
incorporated herein by reference.
[Ord. 560, passed 4-13-1992]
In the event that state pretreatment standards are approved
by USEPA, the same shall be incorporated herein.
[Ord. 560, passed 4-13-1992]
(A)
Effective immediately, all nonresidential users shall be subject
to the following effluent testing parameters, methods and limits.
Failure to comply with these requirements will be considered a violation
of this chapter and, in accordance with the provisions of local, state
and federal law, shall be subject to the penalty provided in § 1043.99(A).
(B)
The following pollutant limits are established to protect against
pass through and interference. No person shall discharge wastewater
containing in excess of the following:
|
Parameter
|
EPA Test Method
|
Method Detection Limits
(mg/l)
|
Effluent Quality
|
|---|---|---|---|
|
Acrolein
|
603 GC/FID
|
0.0006
|
0.0167
|
|
Acrylonitrile
|
603 GC/FID
|
0.0005
|
0.0042
|
|
Cadmium, total
|
213.2 (AA, furnace)
|
0.0001
|
0.0167
|
|
CBOD5
|
Standard Methods
|
N/A
|
300
|
|
Chromium, trivalent
|
Standard Methods (furnace)
|
0.01
|
3.267
|
|
Copper, total
|
220.2 (AA, furnace)
|
0.001
|
1.833
|
|
Cyanide, free
|
Automated Colorimetric procedure
|
0.001
|
0.0833
|
|
1, 2 Dipheyl-hydrazine
|
625 GC/MS
|
0.002
|
0.017
|
|
Hexavalent
|
218.4 (AA, extraction)
|
0.01
|
0.1833
|
|
Nickel, total
|
Standard Methods (furnace)
|
0.001
|
2.583
|
|
Oil and grease
|
418.1
|
5.0
|
100
|
|
Phenol, total
|
604 (distillation)
|
0.0001
|
0.35
|
|
Silver, total
|
272.2(AA, furnace)
|
0.0002
|
0.0033
|
|
Suspended solids, total
|
Standard Methods
|
N/A
|
350
|
(C)
Concentrations apply at the point where the industrial waste is discharged
to the POTW. All concentrations for metallic substances are for "total"
metal, unless indicated otherwise. At his or her discretion, the enforcing
officer may impose mass limitations in addition to or in place of
the concentration based limitations above.
[Ord. 560, passed 4-13-1992]
This municipality reserves the right to establish, by ordinance
or in wastewater discharge permits, more stringent standards or requirements
on discharges to the POTW if deemed necessary to comply with the objectives
provided in § 1043.01 or the general and specific prohibitions
provided in § 1043.07.
[Ord. 560, passed 4-13-1992]
This municipality reserves the right to enter into special agreements
with industrial users, setting out special terms under which they
may discharge to the POTW. In no case will a special agreement waive
compliance with a pretreatment standard or requirement. However, an
industrial user may request a net gross adjustment to a categorical
standard in accordance with 40 C.F.R. Part 403.15. It may also request
a variance from the categorical pretreatment standards of the USEPA.
Such a request will be approved only if the industrial user can prove
that factors relating to its discharge are fundamentally different
from the factors considered by the USEPA when establishing that pretreatment
standard. An industrial user requesting a fundamentally different
factor variance must comply with the procedural and substantive provisions
in 40 C.F.R. Part 403.13.
[Ord. 560, passed 4-13-1992]
No industrial 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 enforcing officer may impose mass limitations
on industrial users who are using dilution to meet applicable pretreatment
standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
[Ord. 560, passed 4-13-1992]
Industrial users shall provide necessary wastewater treatment
as required to comply with this chapter and shall achieve compliance
with all categorical pretreatment standards, local limits and the
prohibitions set forth in § 1043.07 within the time limitations
specified by the USEPA, the state or the enforcing officer, whichever
time limitation is more stringent. Any facilities required to pretreat
wastewater to a level acceptable to this municipality shall be provided,
operated and maintained at the industrial user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to this municipality for review, and shall be acceptable
to this municipality before construction of the facility. The review
of such plans and operating procedures will in no way relieve the
industrial user from the responsibility of modifying the facility
as necessary to produce an acceptable discharge to this municipality
under the provisions of this chapter.
[Ord. 560, passed 4-13-1992]
(A)
Whenever deemed necessary, the enforcing officer may require industrial
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 impose such other conditions as
may be necessary to protect the POTW and determine the industrial
user's compliance with the requirements of this chapter.
(B)
Each person discharging into the POTW more than 25,000 gallons of
wastewater per day, or more than 50% of the average daily flow in
the POTW, whichever is less, shall install and maintain, on his or
her property and at his or her expense, a suitable storage and flow
control facility to ensure equalization of flow over a twenty-four-hour
period. The facility shall have a capacity for at least 50% of the
daily discharge volume and shall be equipped with alarms and a rate
of discharge controller, the regulation of which shall be directed
by the enforcing officer. 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 enforcing officer, they are necessary for the proper
handling of wastewater containing excessive amounts of grease, oil
or sand, except that such interceptors shall not be required for residential
users. All interception units shall be of a type and capacity approved
by the enforcing officer 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 owner, at his or
her expense.
(D)
Industrial users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
(E)
At no time shall two readings on an explosion hazard meter at the
point of discharge into the POTW be more than 10%, nor shall any single
reading be over 5%, of the lower explosive limit (LEL) of the meter.
[Ord. 560, passed 4-13-1992]
(A)
The enforcing officer may require any industrial user to develop
and implement an accidental discharge/slug control plan. At least
once every two years, the enforcing officer shall evaluate whether
each significant industrial user needs such a plan.
(B)
Any industrial user required to develop and implement an accidental
discharge/control slug plan shall submit a plan which addresses, at
a minimum, the following:
(1)
A description of discharge practices, including nonroutine batch
discharges;
(2)
A description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of any accidental
or slug discharge. Such notification must also be given for any discharge
which would violate any of the prohibited discharges provided in § 1043.07;
and
(4)
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures shall include, but not be limited
to, inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
run-off, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents)
and/or measures and equipment for emergency response.
[Ord. 560, passed 4-13-1992]
Where an owner of property leases premises to any other person
as a tenant under any rental or lease agreement, and either the owner
or the tenant is an industrial user, either or both may be held responsible
for compliance with the provisions of this chapter.
[Ord. 560, passed 4-13-1992]
(A)
Septic tank waste may be accepted into the POTW at a designated receiving
structure within the treatment plant area and at such times as are
established by the enforcing officer, provided that such wastes do
not violate any of the provisions of §§ 1043.07 to
1043.13 or any other requirements established or adopted by this municipality.
Wastewater discharge permits for individual vehicles to use such facilities
shall be issued by the enforcing officer.
(B)
The discharge of hauled industrial wastes as "industrial septage"
requires prior approval and a wastewater discharge permit from this
municipality. The enforcing officer shall have authority to prohibit
the disposal of such wastes if such disposal would interfere with
the treatment plant operation. Waste haulers are subject to all of
the provisions of this chapter.
(C)
Fees for dumping septage will be established as part of the industrial
user fee system as authorized by § 1043.65.
[Ord. 560, passed 4-13-1992]
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface, tamper with or prevent access to
any structure, appurtenance, equipment or other part of the POTW.
Any person found in violation of this requirement shall be subject
to §§ 1043.52 to 1043.63, 1043.67, 1043.68 and the
penalties provided in § 1043.99.
[Ord. 560, passed 4-13-1992]
When requested by the enforcing officer, all industrial users
must submit information on the nature and characteristics of their
wastewater by completing a wastewater survey prior to commencing their
discharge. The enforcing officer is authorized to prepare a form for
this purpose and may periodically require industrial users to update
the survey. Failure to complete this survey shall be reasonable grounds
for terminating service to the industrial user and shall be considered
a violation of this chapter.
[Ord. 560, passed 4-13-1992]
(A)
It shall be unlawful for any significant industrial user to discharge
wastewater into this municipality's POTW without first obtaining
a wastewater discharge permit from the enforcing officer. Any violation
of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this chapter and subject the wastewater discharge
permittee to §§ 1043.52 to 1043.63, 1043.67, 1043.68
and the penalties provided in § 1043.99. 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.
(B)
The enforcing officer may require other industrial users, including
liquid waste haulers, to obtain wastewater discharge permits as necessary
to carry out the purposes of this chapter.
[Ord. 560, passed 4-13-1992]
Any significant industrial user who discharges industrial waste
into the POTW prior to the effective date of this chapter and who
wishes to continue such discharges in the future, shall, within 30
days after said date, apply to this municipality for a wastewater
discharge permit in accordance with § 1043.25 and shall
not cause or allow discharges to the POTW to continue after 60 days
of the effective date of this chapter, except in accordance with a
wastewater discharge permit issued by the enforcing officer.
[Ord. 560, passed 4-13-1992]
Any significant industrial user proposing to begin or recommence
discharging industrial wastes into the POTW must obtain a wastewater
discharge permit prior to the beginning or recommencing of such discharge.
An application for this wastewater discharge permit must be filed
at least 90 days prior to the date upon which any discharge will begin.
[Ord. 560, passed 4-13-1992]
(A)
Any existing significant industrial user located beyond this municipality's
limits shall submit a wastewater discharge permit application, in
accordance with § 1043.25, within 30 days of the effective
date of this chapter. New significant industrial users located beyond
this municipality's limits shall submit such applications to
the enforcing officer 30 days prior to any proposed discharge into
the POTW.
(B)
Alternatively, the enforcing officer may enter into an agreement
with a neighboring jurisdiction in which the significant industrial
user is located to provide for the implementation and enforcement
of pretreatment program requirements against said industrial user.
[Ord. 560, passed 4-13-1992]
(A)
(1)
In order to be considered for a wastewater discharge permit,
all industrial users required to have a wastewater discharge permit
must submit the information required by § 1043.34(B). The
enforcing officer shall approve a form to be used as a permit application.
In addition, the following information may be requested:
(a)
A 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;
(b)
The number and type of employees, hours of operation and proposed
or actual hours of operation of the POTW;
(c)
Each product produced by type, amount, process or processes
and rate of production;
(d)
The average and maximum amount per day of raw materials processed;
(e)
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;
(f)
The time and duration of the discharge; and
(g)
Any other information as may be deemed necessary by the enforcing
officer to evaluate the wastewater discharge permit application.
(2)
Incomplete or inaccurate applications will not be processed
and will be returned to the industrial user for revision.
(B)
All wastewater discharge permit applications and industrial user
reports must contain the following certification statement to be signed
by an authorized representative of the industrial user.
"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."
[Ord. 560, passed 4-13-1992]
The enforcing officer will evaluate the data furnished by the
industrial user and may require additional information. Within 30
days of receipt of a complete wastewater discharge permit application,
the enforcing officer will determine whether or not to issue a wastewater
discharge permit. If no determination is made within this time period,
the application will be deemed denied. The enforcing officer may deny
any application for a wastewater discharge permit.
[Ord. 560, passed 4-13-1992]
(A)
Duration. Wastewater discharge permits shall be issued for a specified
time period, not to exceed one year. A wastewater discharge permit
may be issued for a period less than one year, at the discretion of
the enforcing officer. Each wastewater discharge permit will indicate
a specific date upon which it will expire.
(B)
Conditions.
(1)
Wastewater discharge permits shall include such conditions as
are deemed reasonably necessary by the enforcing officer 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, protect ambient
air quality and protect against damage to the POTW.
(2)
Wastewater discharge permits must contain the following conditions:
(a)
A statement that indicates the duration of the wastewater discharge
permit, which in no event shall exceed one year;
(b)
A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from this municipality
and without provision for furnishing the new owner or operator with
a copy of the existing wastewater discharge permit;
(c)
Effluent limits applicable to the user based on applicable standards
in federal, state and local law;
(d)
Self-monitoring, sampling, reporting, notification and record
keeping requirements. These requirements shall include an identification
of pollutants to be monitored, the sampling location, the sampling
frequency and the sample type based on federal, state or local law;
and
(e)
A statement of applicable civil, criminal and administrative
penalties for violations 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.
(3)
Wastewater discharge permits may contain, but need not be limited
to, the following:
(a)
Limits on the average and/or maximum rate of discharge, the
time of discharge and/or requirements for flow regulation and equalization;
(b)
Limits on the instantaneous, daily and monthly average and/or
maximum concentration, mass or other measure of identified wastewater
pollutants or properties;
(c)
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;
(d)
Development and implementation of spill control plans or other
special conditions, including management practices, necessary to adequately
prevent accidental, unanticipated or routine discharges;
(e)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(f)
The unit charge or schedule of industrial user charges and fees
for the management of the wastewater discharged to the POTW;
(g)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(h)
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
(i)
Other conditions as deemed appropriate by the enforcing officer
to ensure compliance with this chapter and state and federal laws,
rules and regulations.
[Ord. 560, passed 4-13-1992]
(A)
Any person, including the industrial user, may petition this municipality
to reconsider the terms of a wastewater discharge permit within 30
days of its issuance.
(B)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(C)
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(D)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(E)
If this municipality fails to act within 60 days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit or not
to modify a wastewater discharge permit, shall be considered final
administrative action for purposes of judicial review.
(F)
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Court of Common Pleas within 30 days.
[Ord. 560, passed 4-13-1992]
(A)
The enforcing officer may modify the wastewater discharge permit
for good cause, including, but not limited to, the following:
(1)
To incorporate any new or revised federal, state or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the industrial
user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a
threat to this municipality's POTW, this municipality's
personnel or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of, or a grant of variance from, categorical pretreatment
standards pursuant to 40 C.F.R. Part 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit; and
(9)
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator.
(B)
The filing of a request by the permittee for a wastewater discharge
permit modification does not stay any wastewater discharge permit
condition.
[Ord. 560, passed 4-13-1992]
(A)
Wastewater discharge permits may be reassigned or transferred to
a new owner and/or operator only if the permittee gives at least 60-days'
advance notice to the enforcing officer and he or she approves such
wastewater discharge permit transfer.
(B)
The notice to the enforcing officer must include a written certification
by the new owner and/or operator that:
(C)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit voidable on the date of facility transfer.
[Ord. 560, passed 4-13-1992]
(A)
Wastewater discharge permits may be revoked for the following reasons:
(1)
Failure to notify this municipality of significant changes to
the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to this municipality of
a changed condition pursuant to § 1043.38;
(3)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow this municipality timely access to the facility
premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of a permitted
facility; and
(13)
Violation of any pretreatment standard or requirement, any terms
of the wastewater discharge permit or any provision of this chapter.
(B)
Wastewater discharge permits shall be voidable upon non-use, cessation
of operations or transfer of business ownership. All wastewater discharge
permits are void upon the issuance of a new wastewater discharge permit.
[Ord. 560, passed 4-13-1992]
A significant industrial user shall apply for wastewater discharge
permit reissuance by submitting a complete wastewater discharge permit
application in accordance with § 1043.25 a minimum of 60
days prior to the expiration of the industrial user's existing
wastewater discharge permit.
[Ord. 560, passed 4-13-1992]
(A)
In the event another municipality contributes all or a portion of
its wastewater to this municipality's POTW, the POTW may require
such municipality to apply for and obtain a municipal wastewater discharge
permit.
(B)
A municipal wastewater discharge permit application shall include:
(C)
A municipal wastewater discharge permit shall contain the following
conditions:
(1)
A requirement for the municipal user to adopt a sewer use ordinance
which is at least as stringent as this chapter and local limits which
are at least as stringent as those set out in § 1043.10;
(2)
A requirement for the municipal user to submit a revised industrial
user inventory on at least an annual basis;
(4)
A requirement for the municipal user to provide this municipality
with access to all information that the municipal user obtains as
part of its pretreatment activities;
(5)
Limits on the nature, quality and volume of the municipal user's
wastewater at the point where it discharges to the POTW; and
(6)
Requirements for monitoring the municipal user's discharge.
(D)
Violation of the terms and conditions of the municipal user's
wastewater discharge permit shall subject the municipal user to §§ 1043.52
to 1043.63, 1043.67, 1043.68 and the penalties provided in § 1043.99.
[Ord. 560, passed 4-13-1992]
(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 C.F.R. Part 403.6(a)(4), whichever is later,
existing significant industrial users subject to such categorical
pretreatment standards, and currently discharging to or scheduled
to discharge to the POTW, shall be required to submit to this municipality
a report which contains the information listed in Division (B) hereof.
At least 90 days prior to commencement of their discharge, new sources,
and sources that become industrial users subsequent to the promulgation
of an applicable categorical standard, shall be required to submit
to this municipality a report which contains the information listed
in Division (B) hereof. A new source shall also be required to report
the method of pretreatment it intends to use to meet applicable pretreatment
standards. A new source shall also give estimates of its anticipated
flow and quantity of pollutants discharged.
(B)
The industrial user shall submit the following information:
(1)
Identifying information. The name and address of the facility,
including the name of the operator and owners;
(2)
Wastewater discharge permits. A list of any environmental control
wastewater discharge 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 carried out by such industrial 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 C.F.R. Part 403.6(e);
(5)
Measurement of pollutants.
(a)
Identification of the categorical pretreatment standards applicable
to each regulated process; and
(b)
1.
The results of sampling and analysis, identifying the nature
and concentration (and/or mass, where required by the standard or
by this municipality) 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 § 1043.43;
and
2.
Sampling must be performed in accordance with procedures set
forth in § 1043.44.
(6)
Certification. A statement reviewed by the industrial 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 pretreatment standards
and requirements;
(7)
Compliance schedules. If additional pretreatment and/or O&M
will be required to meet the pretreatment standards, the shortest
schedule by which the industrial 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 made pursuant to this
section must meet the requirements set forth in § 1043.35;
and
(8)
Baseline monitoring reports. All baseline monitoring reports,
which must be signed and certified in accordance with § 1043.25(B).
[Ord. 560, passed 4-13-1992]
The following conditions shall apply to the schedule required
by § 1043.34(B)(7). 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 facilities required for the user to meet the applicable
pretreatment standards (such events include hiring an engineer, completing
preliminary and final plans, executing contracts for major components,
commencing and completing construction and beginning and conducting
routine operation). No increment referred to above shall exceed nine
months. The industrial user shall submit a progress report to the
enforcing officer no later than 74 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 industrial
user to return to the established schedule. In no event shall more
than nine months elapse between the submission of such progress reports
to the enforcing officer.
[Ord. 560, passed 4-13-1992]
Within 90 days following the date for final compliance with
applicable categorical pretreatment standards, or, in the case of
a new source, following commencement of the introduction of wastewater
into the POTW, any industrial user subject to such pretreatment standards
and requirements shall submit to this municipality a report containing
the information described in § 1043.34(B)(4) to (B)(6).
For industrial users subject to equivalent mass or concentration limits
established in accordance with the procedures provided in 40 C.F.R.
Part 403.6(c), this report shall contain a reasonable measure of the
industrial user's long-term production rate. For all other industrial
users subject to categorical pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production (or other
measure of operation), this report shall include the industrial user's
actual production during the appropriate sampling period. All compliance
reports must be signed and certified in accordance with § 1043.25(B).
[Ord. 560, passed 4-13-1992]
(A)
Any significant industrial user subject to a pretreatment standard
shall, at a frequency determined by the enforcing officer, 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 such pretreatment standards, and the
measured or estimated average and maximum daily flows for the reporting
period. All periodic compliance reports must be signed and certified
in accordance with § 1043.25(B).
(B)
All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring
facility in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge.
(C)
If an industrial user subject to the reporting requirements of this
section monitors any pollutant more frequently than required by the
POTW, using the procedures prescribed in § 1043.44, the
results of this monitoring shall be included in the report.
[Ord. 560, passed 4-13-1992]
(A)
Each industrial user is required to notify the enforcing officer
of any planned significant changes to the industrial user's operations
or system which might alter the nature, quality or volume of its wastewater
at least 30 days before the change.
(B)
The enforcing officer may require the industrial user to submit such
information as may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit application
as provided in § 1043.25.
(C)
The enforcing officer may issue a wastewater discharge permit under
§ 1043.26 or modify an existing wastewater discharge permit
under § 1043.29.
(D)
No industrial user shall implement the planned changed conditions
until and unless the enforcing officer has responded to the industrial
user's notice.
(E)
For purposes of this section, flow increases of 10% or more, and
the discharge of any previously unreported pollutants, shall be deemed
significant.
[Ord. 560, passed 4-13-1992]
(A)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge or a slug load, which may cause potential problems
for the POTW (including a violation of the prohibited discharge standards
set forth in § 1043.07), it is the responsibility of the
industrial user to immediately telephone and notify this municipality
of the incident. This notification shall include the location of discharge,
the type of waste, the concentration and volume, if known, and corrective
actions taken by the industrial user.
(B)
Within five days following such discharge, the industrial user shall,
unless waived by the enforcing officer, submit a detailed written
report describing the causes of the discharge and the measure to be
taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial 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 persons
or property, nor shall such notification relieve the industrial user
of any fines, civil penalties or other liability which may be imposed
by this chapter.
(C)
Failure to notify this municipality of potential problem discharges
shall be deemed a separate violation of this chapter.
(D)
A notice shall be permanently posted on the industrial user's
bulletin board or other prominent place advising employees to call
in the event of a discharge described in Division (A) hereof. Employers
shall ensure that all employees who may cause such a discharge to
occur or who may suffer from such a discharge are advised of the emergency
notification procedure.
[Ord. 560, passed 4-13-1992]
All industrial users not subject to categorical pretreatment
standards and not required to obtain a wastewater discharge permit
shall provide appropriate reports to this municipality as the enforcing
officer may require.
[Ord. 560, passed 4-13-1992]
If sampling performed by an industrial user indicates a violation,
the industrial user must notify the control authority within 24 hours
of becoming aware of the violation. The industrial user shall also
repeat the sampling and analysis and submit the results of the repeat
analysis to the control authority within 30 days after becoming aware
of the violation. The industrial user is not required to re-sample
if the POTW performs monitoring at the industrial user's facilities
at least once a month, or if the POTW performs sampling between the
time of the industrial user's initial sampling and the time when
the industrial user receives the results of this sampling.
[Ord. 560, passed 4-13-1992]
(A)
Any industrial user who commences the discharge of hazardous waste
shall notify the POTW, the USEPA Regional Waste Management Division
Director and the state hazardous waste authority, in writing, of any
discharge into the POTW of a substance which, if otherwise disposed
of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification
must include the name of the hazardous waste, as set forth in 40 C.F.R.
Part 261, the USEPA hazardous waste number and the type of discharge
(continuous, batch or other). If the industrial user discharges more
than 10 kilograms of such waste per calendar month to the POTW, the
notification shall also contain the following information to the extent
that such information is known and readily available to the industrial
user: an identification of the hazardous constituents contained in
the wastes, an estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month and an estimation
of the mass 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. A notification
under this Division (A) need be submitted only once for each hazardous
waste discharged. However, notifications of changed discharges must
be submitted under § 1043.38. The notification requirement
provided in this section does not apply to pollutants already reported
under the self-monitoring requirements of §§ 1043.34,
1043.36 and 1043.37.
(B)
Dischargers are exempt from the requirements of Division (A) hereof
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 C.F.R. Parts 261.30(d) and 261.33(e). Discharges
of more than 15 kilograms of non-acute hazardous wastes in a calendar
month, or of any quantity of acute hazardous wastes as specified in
40 C.F.R. Parts 261.30(d) and 261.33(e), require a one-time notification.
Additional notification is not required from an industrial user for
subsequent months during which such industrial user discharges more
than such quantities of any hazardous waste.
(C)
In the case of any new regulations under § 3001 of the
RCRA identifying additional characteristics of hazardous waste or
listing any additional substance as a hazardous waste, the industrial
user must notify the POTW, the USEPA 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.
(D)
In the case of any notification made under this section, the industrial
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.
[Ord. 560, passed 4-13-1992]
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 C.F.R. Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 C.F.R. 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 the USEPA.
[Ord. 560, passed 4-13-1992]
(A)
Except as indicated in Division (B) hereof, the industrial user must
collect wastewater samples using flow-proportional composite collection
techniques. In the event flow-proportional sampling is not feasible,
the enforcing officer may authorize the use of time-proportional sampling
or a minimum of four grab samples where the user demonstrates that
this will provide a representative sample of the effluent being discharged.
In addition, grab samples may be required to show compliance with
instantaneous discharge limits.
(B)
Samples for oil, grease, temperature, pH, cyanide, phenols, toxicity,
sulfides and volatile organic chemicals, must be obtained using grab
collection techniques.
[Ord. 560, passed 4-13-1992]
The enforcing officer may use grab samples to determine noncompliance
with pretreatment standards.
[Ord. 560, passed 4-13-1992]
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the U.S. Postal Service, the date
of receipt of the report shall govern.
[Ord. 560, passed 4-13-1992]
Industrial users shall retain, and make available for inspection
and copying, all records and information required to be retained under
this chapter. 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 compliance with this
chapter, or where the industrial user has been specifically notified
of a longer retention period by the enforcing officer.
[Ord. 560, passed 4-13-1992]
(A)
This municipality shall have the right to enter the facilities of
any user to ascertain whether the purposes of this chapter, and any
permit or order issued under this chapter, are being complied with,
and whether the industrial user is complying with all requirements
thereof. Industrial users shall allow the enforcing officer, or his
or her representatives, 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.
(B)
Where an industrial user has security measures in force which require
proper identification and clearance before entry into its premises,
the industrial user shall make necessary arrangements with its security
guards so that upon presentation of suitable identification, personnel
from this municipality, the state and the USEPA will be permitted
to enter without delay, for the purposes of performing their specific
responsibilities.
(C)
This municipality, the state and the USEPA shall have the right to
set up on the industrial user's property, or require installation
of, such devices as are necessary to conduct sampling and/or metering
of the user's operations.
(D)
This municipality may require the industrial user to install monitoring
equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all time in a safe and proper operating
condition by the industrial user at its own expense. All devices used
to measure wastewater flow and quality shall be calibrated periodically
to ensure their accuracy.
(E)
Any temporary or permanent obstruction to safe and easy access to
the industrial facility to be inspected and/or sampled shall be promptly
removed by the industrial user at the written or verbal request of
the enforcing officer and shall not be replaced. The costs of clearing
such access shall be born by the industrial user.
(F)
Unreasonable delays in allowing this municipality's personnel
access to the industrial user's premises shall be a violation
of this chapter.
[Ord. 560, passed 4-13-1992]
If the enforcing officer has been refused access to a building,
structure or property, or any part thereof, and if the enforcing officer
has demonstrated probable cause to believe that there may be a violation
of this chapter or that there is a need to inspect such premises as
part of a routine inspection program of this municipality designed
to verify compliance with this chapter or any permit or order issued
under this chapter, or in order to protect the overall public health,
safety and welfare of the community, then upon application by this
municipality's Solicitor, the District Justice of this municipality
shall issue a search and/or seizure warrant describing therein the
specific location subject to the warrant. The warrant shall specify
what, if anything, may be searched and/or seized on the property described.
Such warrant shall be served at reasonable hours by the enforcing
officer in the company of a uniformed police officer of this municipality.
In the event of an emergency affecting public health and safety, inspections
shall be made without the issuance of a warrant.
[Ord. 560, passed 4-13-1992]
Information and data on an industrial user obtained from reports,
surveys, wastewater discharge permit applications, wastewater discharge
permits, monitoring programs and inspection and sampling activities,
shall be available to the public without restriction, unless the industrial
user specifically requests, and is able to demonstrate to the satisfaction
of this municipality, that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets under applicable state law. When requested and demonstrated
by the industrial user furnishing a report that such information should
be held confidential, the portions of a report which might disclose
trade secrets or secret processes shall not be made available for
inspection by the public, but shall be made available immediately
upon request to governmental agencies for uses related to the NPDES
program or pretreatment program and in enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
and other "effluent data," as defined by 40 C.F.R. Part 2.302, will
not be recognized as confidential information and will be available
to the public without restriction.
[Ord. 560, passed 4-13-1992]
(A)
This municipality shall publish annually, in a daily newspaper published
in the municipality where the POTW is located, a list of the industrial
users who, during the previous 12 months, were in significant noncompliance
with applicable pretreatment standards and requirements.
(B)
The term "significant noncompliance" shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(2)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
pollutant parameter during a six-month period equals or exceeds the
product of the daily maximum limit or the average limit multiplied
by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants, except pH);
(3)
Any other discharge violation that this municipality believes
has caused, alone or in combination with other discharges, interference
or pass through, including endangering the health of municipal personnel
or the general public;
(4)
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or that has resulted in this
municipality's exercise of its emergency authority to halt or
prevent such a discharge;
(5)
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;
(6)
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, 90-day compliance
reports, periodic self-monitoring reports and reports on compliance
with compliance schedules;
(7)
Failure to accurately report noncompliance; and
(8)
Any other violations which this municipality determines will
adversely affect the operation or implementation of the local pretreatment
program.
[Ord. 560, passed 4-13-1992]
Whenever the enforcing officer finds that any user has violated
or is violating this chapter, a wastewater discharge permit or order
issued under the provisions of this chapter, or any other pretreatment
requirement, the enforcing officer, or his or her agent, may serve
upon said user a written notice of violation. Within 30 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 enforcing
officer. 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
this municipality to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
[Ord. 560, passed 4-13-1992]
The enforcing officer is hereby empowered to enter into consent
orders, assurances of voluntary compliance or other similar documents
establishing an agreement with any user responsible for noncompliance.
Such orders will include specific action to be taken by the user to
correct the noncompliance within a time period also specified by the
order. Consent orders shall have the same force and effect as the
administrative orders issued pursuant to §§ 1043.55
and 1043.56 and shall be judicially enforceable.
[Ord. 560, passed 4-13-1992]
The enforcing officer may order any user who causes or contributes
to violations of this chapter, wastewater discharge permits or orders
issued under this chapter, or any other pretreatment standard or requirement,
to appear before the enforcing officer and show cause why a 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 this proposed enforcement action should not
be taken. The notice of the meeting shall be served personally or
by registered or certified mail (return receipt requested) at least
30 days prior to the hearing. Such notice may be served on any authorized
representative of the user. Whether or not the user appears as ordered,
immediate enforcement action may be pursued following the hearing
date. A show cause hearing shall not be a prerequisite for taking
any other action against the user.
[Ord. 560, passed 4-13-1992]
When the enforcing officer finds that a user has violated or
continues to violate this chapter, wastewater discharge permits or
orders issued under this chapter, or any other pretreatment standard
or requirement, he or she may issue an order to the user responsible
for the discharge directing that the user come into compliance within
30 days. If the user does not come into compliance within 30 days,
sewer service shall be discontinued, unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders may also 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 federal pretreatment standard or
requirement, nor does a compliance order release the user of liability
for any violation, including any continuing violation. The issuance
of a compliance order shall not be a prerequisite to taking any other
action against the user.
[Ord. 560, passed 4-13-1992]
(A)
When the enforcing officer finds that a user is violating this chapter,
the user's wastewater discharge permit, any order issued under
this chapter, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, the enforcing
officer may issue an order to the user directing such user to cease
and desist all such violations and directing the user to:
(B)
The issuance of a cease and desist order shall not be a prerequisite
to taking any other action against the user.
[Ord. 560, passed 4-13-1992]
(A)
The enforcing officer may immediately suspend a user's discharge
(after informal notice to the user) whenever such suspension is necessary
in order 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 enforcing officer 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.
(B)
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 enforcing officer shall take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the POTW or its receiving stream or endangerment to any
individuals. The enforcing officer shall allow the user to recommence
its discharge when the user has demonstrated to the satisfaction of
this municipality that the period of endangerment has passed, unless
the termination proceedings set forth in § 1043.58 are initiated
against the user.
(C)
A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment, shall submit to the enforcing officer
a detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence,
prior to the date of any show cause or termination hearing as provided
in §§ 1043.54 and 1043.58.
(D)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. 560, passed 4-13-1992]
(A)
In addition to the provisions of § 1043.31, a user is subject
to discharge termination if such user violates wastewater discharge
permits or orders issued under this chapter, or if such user:
(1)
Violates wastewater discharge permit conditions;
(2)
Fails to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Fails to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(4)
Refuses reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling; or
(5)
Violates the pretreatment standards provided in §§ 1043.07
to 1043.13.
(B)
A user will be notified of the proposed termination of its discharge
and be offered an opportunity to show cause as to why the proposed
action should not be taken as provided in § 1043.54.
[Ord. 560, passed 4-13-1992]
The enforcing officer may decline to re-issue a wastewater discharge
permit to any user who has failed to comply with the provisions of
this chapter or any orders or a previous wastewater discharge permit
issued under this chapter, unless such user first files a satisfactory
bond, payable to this municipality, in a sum not to exceed a value
determined by the enforcing officer to be necessary to achieve consistent
compliance.
[Ord. 560, passed 4-13-1992]
The enforcing officer may decline to re-issue a wastewater discharge
permit to any user who has failed to comply with the provisions of
this chapter or any order or a previous wastewater discharge permit
issued under this chapter, 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.
[Ord. 560, passed 4-13-1992]
Whenever a user has violated or continues to violate the provisions
of this chapter or orders or wastewater discharge permits issued under
this chapter, water service to the user may be severed. Service will
recommence, at the user's expense, only after such user has satisfactorily
demonstrated its ability to comply with this chapter or such orders
or wastewater discharge permits issued under this chapter.
[Ord. 560, passed 4-13-1992]
Any violation of this chapter or of wastewater discharge permits
or orders issued under this chapter is hereby declared to be a public
nuisance and shall be corrected or abated as directed by the enforcing
officer or his or her designee. Any person creating a public nuisance
shall be subject to the provisions of state law governing such nuisances,
including reimbursing this municipality for any costs incurred in
removing, abating or remedying said nuisance.
[Ord. 560, passed 4-13-1992]
Users who have not achieved consistent compliance with applicable
pretreatment standards and requirement are not eligible to receive
a contractual award for the sale of goods or services to this municipality.
Existing contracts for the sale of goods or services to this municipality
held by a user found to be in significant noncompliance with pretreatment
standards may be terminated at the discretion of this municipality.
[Ord. 560, passed 4-13-1992]
(A)
Upsets.
(1)
For purposes of this section, UPSET means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of an industrial user. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action
brought for noncompliance with categorical pretreatment standards
if the requirements of Division (A)(3) hereof are met.
(3)
An industrial user who wishes to establish an affirmative defense
to an upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence, that:
(a)
An upset occurred and the industrial user can identify the causes
of the upset;
(b)
The facility was, at the time, being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures;
(c)
The industrial user has submitted the following information
to the POTW and treatment plant operator within 24 hours of becoming
aware of the upset (if this information is provided orally, a written
submission must be provided within five days):
1.
A description of the indirect discharge and cause of noncompliance;
2.
The period of noncompliance, including exact dates and times,
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
3.
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the industrial user seeking to
establish the occurrence of an upset shall have the burden of proof.
(5)
Industrial users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
The industrial user shall control production of all discharges
to the extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, is lost or fails.
(B)
General and specific prohibitions. An industrial user shall have
an affirmative defense to an enforcement action brought against it
for noncompliance with the general and specific prohibitions provided
in § 1043.07 if it can prove that it did not know or have
reason to know that its discharge, alone or in conjunction with discharges
from other sources, would cause pass through or interference and that
either:
(1)
A local limit exists for each pollutant discharged and the industrial
user was in compliance with each limit directly prior to, and during,
the pass through or interference; or
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when
this municipality was regularly in compliance with its NPDES permit,
and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
(C)
Bypasses.
(1)
BYPASS
SEVERE PROPERTY DAMAGE
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources, which can reasonably be expected
to occur in the absence of a bypass. The term "severe property damage"
does not mean economic loss caused by delays in production.
(2)
An industrial user may allow any bypass to occur which does
not cause pretreatment standards or requirements to be violated, but
only if it is also for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Divisions (C)(3)
and (C)(4) hereof.
(3)
(a)
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the POTW at least 10 days before the
date of the bypass if possible.
(b)
An industrial user shall submit oral notice of an unanticipated
bypass that exceeds applicable pretreatment standards to the POTW
within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five days of the time the
industrial user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause; the duration
of the bypass, including exact dates and times, and, if the bypass
has not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate and prevent recurrence
of the bypass. The POTW may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
(4)
(a)
Bypass is prohibited, and the POTW may take enforcement action
against an industrial user for a bypass, unless:
1.
Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage;
2.
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
3.
The industrial user submitted notices as required under Division
(C)(3) hereof.
(b)
The POTW may approve an anticipated bypass, after considering
its adverse effects, if the POTW determines that it will meet the
three conditions listed in this Division (C).
[Ord. 560, passed 4-13-1992]
This municipality may adopt reasonable charges and fees for
reimbursement of costs of setting up and operating this municipality's
pretreatment program, which may include:
(A)
Fees for wastewater discharge permit applications, including the
cost of processing such applications;
(B)
Fees for monitoring, inspection and surveillance procedures, including
the cost of collection and analyzing an industrial user's discharge,
and reviewing monitoring reports submitted by industrial users;
(C)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(D)
Fees for filing appeals; and
(E)
Other fees as this municipality may deem necessary to carry out the
requirements contained herein. These fees relate solely to the matters
covered by this chapter and are separate from all other fees, fines
and penalties chargeable by this municipality.
[Ord. 560, passed 4-13-1992]
(A)
The municipality may appoint the Southwest Delaware County Municipal
Authority (SWDCMA) as its agent having the power of the municipality
to institute proceedings in the name of the municipality against any
and all persons, firms or corporations who or which violate the provisions
of this chapter.
(B)
In cases involving the prosecution of anyone who violates this chapter,
the Solicitor of the Southwest Delaware County Municipal Authority
(SWDCMA) shall subpoena all witnesses for the prosecution and conduct
the hearing on behalf of the municipality if authorized and appointed
to do so by the municipality.
[Ord. 560, passed 4-13-1992]
Whenever a user has violated a pretreatment standard or requirement,
or continues to violate the provisions of this chapter, wastewater
discharge permits or orders issued under this chapter, or any other
pretreatment requirement, the municipality may petition the Court
of Common Pleas through this municipality'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 chapter on activities
of the industrial user. Such other action as is appropriate for legal
and/or equitable relief may also be sought by this municipality. A
petition for injunctive relief need not be filed as a prerequisite
to taking any other action against a user.
[Ord. 560, passed 4-13-1992]
The provisions of §§ 1043.51 to 1043.63, 1043.67
and 1043.99 are not exclusive remedies. The municipality reserves
the right to take any, all or any combination of these actions, against
a noncompliant user. Enforcement of pretreatment violations will generally
be in accordance with this municipality's enforcement response
plan. However, this municipality reserves the right to take other
action against any user when the circumstances warrant. Further, this
municipality is empowered to take more than one enforcement action
against any noncompliant user. These actions may be taken concurrently.
[Ord. 560, passed 4-13-1992]
If any provision of this chapter is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be affected
and shall continue in full force and effect.
[Ord. 560, passed 4-13-1992]
(A)
Specific pollutant limitation violations. Whoever violates § 1043.10
shall be subject to a minimum daily fine of $1,000 per day.
(B)
Administrative fines.
(1)
Notwithstanding any other provision of this chapter, and notwithstanding
the penalties provided in Divisions (C) and (D) hereof, any user that
is found to have violated any provision of this chapter, its wastewater
discharge permit, any orders issued under this chapter, or any other
pretreatment standard or requirement, shall be fined in an amount
not to exceed $1,000, or the maximum fine allowed under state law,
whichever is higher. Such fines shall be assessed on a per-violation,
per-day basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation.
(2)
Assessments may be added to the user's next scheduled sewer
service charge, and the enforcing officer shall have such other collection
remedies as may be available for other service charges and fees.
(3)
Unpaid charges, fines and penalties shall, after 30 calendar
days, be assessed an additional penalty of 10% of the unpaid balance,
and interest shall accrue thereafter at a rate of 0.5% per month.
A lien against the individual user's property will be sought
for unpaid charges, fines and penalties.
(4)
Users desiring to dispute such fines must file a written request
for the enforcing officer to reconsider the fine, along with full
payment of the fine amount, within 30 days of being notified of the
fine. Where a request has merit, the enforcing officer shall convene
a hearing on the matter within 14 days of receiving the request from
the industrial user. In the event the user's appeal is successful,
the payment, together with any interest accruing thereon, shall be
returned to the industrial user. This municipality may add the costs
of preparing administrative enforcement actions, such as notices and
orders, to the fine.
(5)
The issuance of an administrative fine shall not be a prerequisite
for taking any other action against the user.
(C)
Civil penalties.
(1)
Any user that has violated or continues to violate this chapter,
any order or wastewater discharge permit issued under this chapter,
or any other pretreatment standard or requirement, shall be liable
to this municipality for a maximum civil penalty of $1,000, or the
maximum fine allowed under state law, whichever is higher. The penalty
may be imposed for each day of violation. In the case of a monthly
or other long-term average discharge limit, penalties shall accrue
for each day during the period of violation.
(2)
The municipality 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 this municipality.
(3)
In determining the amount of civil liability, the court shall
take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user and any other factors, as justice requires.
(4)
Filing a suit for civil penalties shall not be a prerequisite
for taking any other action against a user.
(D)
Criminal penalties.
(1)
Any user that willfully or negligently violates any provision
of this chapter, orders or wastewater discharge permits issued under
this chapter, or any other pretreatment requirement, shall, upon conviction,
be deemed guilty of a misdemeanor and fined not more than $1,000,
or the maximum fine allowed under state law, whichever is higher,
and shall also be subject to imprisonment for not more than one year.
The penalty may be imposed for each day of violation.
(2)
Any user that willfully or negligently introduces any substance
into the POTW which causes personal injury or property damage shall,
upon conviction, be deemed guilty of a misdemeanor and be subject
to a penalty of at least $1,000, or the maximum penalty allowed under
state law, and/or be subject to imprisonment for one year. This penalty
shall be in addition to any other cause of action for personal injury
or property damage available under state or federal law.
(3)
Any user that 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
chapter or pursuant to wastewater discharge permits or orders issued
under this chapter, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this chapter,
shall, upon conviction, be deemed guilty of a misdemeanor and be subject
to a penalty of $1,000, or imprisonment for not more than one year,
or both.
(4)
In the event of a second conviction, a user shall be subject
to a penalty of not more than $1,000, or imprisonment for not more
than year, or both. A separate offense may be deemed committed each
day upon which a violation occurs or continues.
