Borough of Athens, PA Pretreatment

If the industrial user is a corporation, the authorized representative shall be:

The president, vice president, secretary or treasurer 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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions take to gather complete and accurate information for control mechanism requirements; and where 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, an authorized representative shall mean a general partner or proprietor, respectively.

If the industrial user is a federal, state or local government facility, the authorized representative shall mean a ranking elected official or principal executive official having responsibility for the overall operation and performance of the activities of the principal geographic unit of the government agency.

The individuals described in Subsections (1) through (3) of this definition above may designate another authorized representative if:

The authorization is made in writing by the individual described above;

The authorization specifies either an individual or a position responsible for the overall operation of the facility from which the indirect discharge originates or having overall responsibility for environmental matters for the company; and

BEST MANAGEMENT PRACTICES (BMPs)

The written authorization is submitted to the VJSA.

Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in § 418-58A of this chapter. "BMPs" also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions, five days at 20° C., usually expressed as a concentration, milligrams per liter (mg/L).

BOROUGH

The Borough of Athens or the Borough Council of Athens, Bradford County, Pennsylvania, owner/operator of the sewer system in Athens Borough, Bradford County, Pennsylvania.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to federal categorical pretreatment standards.

COMMERCIAL ESTABLISHMENT

Any room, group of rooms, building or enclosure connected, directly or indirectly, to the sewer system and used or intended for use in the operation of a business enterprise for the sale and distribution of any product, commodity, article or service.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either time or flow.

CONTROL AUTHORITY

The Valley Joint Sewer Authority, owner/operator of the wastewater treatment plant.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where the daily maximum limit is expressed in concentration, the daily maximum is the arithmetic average of all measurements taken that day. Where the daily maximum limit is expressed in mass, the daily maximum is the total mass discharged over the course of a calendar day.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTEWATER

Human excrement and gray water (showers, dishwashers, washing machines, etc.) from residential households, institutions, commercial and industrial establishments, but excluding industrial wastes.

EDUCATIONAL ESTABLISHMENT

Each room, group of rooms, building, house trailer or mobile home connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, for educational purposes, including both public and private schools.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication of proposed federal categorical pretreatment standards which will be applicable to such source if the federal categorical pretreatment standard is thereafter promulgated in accordance with Section 307(c) of the Act (33 U.S.C. § 1317).

FATS, OILS AND GREASES (FOG)

Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules, such as rendered animal fat, vegetable shortening and other such oily material used for the purposes of and resulting from cooking and/or preparing food, and is distinct from petroleum or mineral oils.

FEDERAL CATEGORICAL PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act [33 U.S.C. § 1317(b) and (c)] which applies to a specific category of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, §§ 405 through 471.

FOOD SERVICE ESTABLISHMENT

Any food service facility that prepares or packages food or beverages for sale or consumption, on site or off site, with the exception of private residences. "Food service establishments" shall include, but are not limited to, food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches and schools.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

GREASE INTERCEPTOR

A device located underground and outside of a food service establishment designed to collect, contain or remove food wastes and grease from the waste stream while allowing the wastewater to discharge to the sewer system by gravity.

GREASE TRAP

A device located inside a food service establishment or under a sink designed to collect, contain or remove food wastes and grease from the waste stream while allowing the wastewater to discharge to the sewer system by gravity.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of pollutants from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act [33 U.S.C. § 1317(b), (c) or (d)] into the POTW, including holding tank waste discharged into the POTW treatment plant.

INDUSTRIAL ESTABLISHMENT

Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, in the operation of a business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article, or from which any industrial wastewater, as distinct from domestic wastewater, shall be discharged.

INDUSTRIAL PRETREATMENT PROGRAM

A program administered by the VJSA pursuant to this chapter controlling the discharge of industrial wastewater to the Borough sewer system and treated at the VJSA POTW treatment plant. This includes, but is not limited to, provisions included in the VJSA industrial pretreatment program protocol in accordance with 40 CFR § 403.

INDUSTRIAL USER (IU)

A source of indirect discharge.

INDUSTRIAL WASTEWATER

Any liquid, gaseous or waterborne waste discharged into the sewer system from commercial or industrial establishments, as distinct from domestic wastewater.

INSTANTANEOUS LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INSTITUTIONAL ESTABLISHMENT

Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system, including institutional dormitories and educational establishments, which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, causes the inhibition or disruption of the POTW treatment plant, its treatment processes or operations, or its sludge processes, use or disposal, and therefore is a cause of a violation of any requirement of the VJSA's NPDES permit or of the prevention of sewage sludge use or disposal by the POTW treatment plant in accordance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state and local regulations): Section 405 of the Act (33 U.S.C. § 1345); the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the "Resource Conservation and Recovery Act" (RCRA);[1] the Clean Air Act (CAA);[2] the Toxic Substances Control Act (TSCA);[3] the Marine Protection, Research and Sanctuaries Act; and any state regulations contained in any state sludge management plan prepared pursuant to Title IV (Subtitle D) of the SWDA applicable to the method of disposal or use employed by the POTW treatment plant.

LOCAL LIMIT

Specific discharge limits developed and enforced by the VJSA under this chapter upon commercial, industrial or institutional facilities to implement the general and specific discharge prohibitions listed in 40 CFR § 403.5(a)(1) and (b) and § 418-58A of this chapter.

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

MONTHLY AVERAGE LIMIT

The highest allowable average of daily measurements over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

A permit issued to control the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act[4] and set forth in 40 CFR § 403.5.

NEW SOURCE

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 federal categorical pretreatment standards under Section 307(c) of the Act [33 U.S.C. § 1317(c)] which apply 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 which no other source is located; or

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(1) or (2) of this definition, but otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source as defined under this definition 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

NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU)

Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time from the date on which the contract was entered. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.

An industrial user subject to federal categorical pretreatment standards that is deemed not a significant industrial user, as defined in this section, based on a finding that the industrial user never discharges more than 100 gallons per day (GPD) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to the VJSA's finding, has consistently complied with all applicable categorical pretreatment standards and requirements.

The industrial user annually submits the certification statement required in § 418-59E(3) of this chapter and under 40 CFR § 403.12(q), together with any additional information necessary to support the certification statement.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

The industrial user never discharges any untreated concentrated wastewater.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

A classification system pursuant to the North American Industry Classification System, United States, 2002 Manual, as amended, Office of Management and Budget.

PASS-THROUGH

A discharge which exits the POTW treatment plant into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the VJSA NPDES permit, including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in standard units and indicates the degree of acidity or alkalinity of a solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial, municipal and agricultural wastes and certain characteristics of wastewater [e.g., biochemical oxygen demand (BOD), chemical oxygen demand (COD), color, odor, pH, temperature, total suspended solids (TSS), toxicity or turbidity].

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater, which is owned and operated by the Valley Joint Sewer Authority.

POTW TREATMENT PLANT SUPERINTENDENT

The person designated by the VJSA to supervise the operation of the POTW treatment plant and who is charged with industrial pretreatment program implementation and enforcement responsibilities under this chapter, or his duly authorized representative.

PRETREATMENT

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, discharging or otherwise introducing such pollutants into a POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except as prohibited by 40 CFR § 403.6(d), which prohibits dilution as a substitute for treatment.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.

PRETREATMENT STANDARDS

Prohibited discharge standards, federal categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 418-58A of this chapter.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of domestic or industrial wastewater and any conveyances which convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act [33 U.S.C. § 1362(4)] which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. Under this chapter, the Borough is responsible for the sewer system and the VJSA is responsible for the wastewater treatment plant.

SEWER SYSTEM

All facilities and property owned and operated by the Borough including, but not limited to, facilities for collecting, pumping and conveying domestic and industrial wastewater to the POTW treatment plant.

SHALL

Mandatory; "may" means permissive.

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in this chapter, any nonresidential discharger to the POTW treatment plant who:

Discharges industrial wastewater subject to federal categorical pretreatment standards (also known as a "CIU"); or

Discharges an average of 25,000 gallons per day or more of industrial wastewater to the POTW treatment plant (excluding sanitary, noncontact cooling water and boiler blowdown wastewater); or

Discharges industrial wastewater which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

SLUG LOAD or SLUG DISCHARGE

Is designated as significant by the VJSA on the basis that the industrial user has a reasonable potential for adversely affecting the POTW treatment plant operation or for violating any pretreatment standard or requirement. Upon a finding that an industrial user meeting the criteria in Subsections (1) through (4) of this definition has no reasonable potential for adversely affecting the POTW treatment plant operation or for violating any pretreatment standard or requirement, the VJSA may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures established in 40 CFR § 403.8(f)(6), determine that such industrial user should not be considered a significant industrial user.

Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 418-58A of this chapter, including, but not limited to, an accidental spill or noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate this chapter, local limits or wastewater discharge permit conditions.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

TOTAL SUSPENDED SOLIDS

The total suspended matter that floats on the surface or is suspended in water, wastewater or other liquid, and which is removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA pursuant to Section 307(a) [33 U.S.C. § 1317(a)] of the Clean Water Act or other acts.

USER

Any person who contributes, causes, or allows the discharge of wastewater into the POTW treatment plant.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulation of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

Editor's Note: See 42 U.S.C. § 6901 et seq.

Editor's Note: See 42 U.S.C. § 7401 et seq.

Editor's Note: See 15 U.S.C. § 2601 et seq.

Editor's Note: See 33 U.S.C. § 1317(b).

Abbreviations found in this chapter shall have the designated meanings:

BMP	Best management practices
BMR	Baseline monitoring report
BOD	Biochemical oxygen demand
CAA	Clean Air Act, 42 U.S.C. § 7401 et seq.
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
DEP	Department of Environmental Protection (Pennsylvania)
EPA	Environmental Protection Agency (United States)
FOG	Fats, oils and greases
GPD	Gallons per day
L	Liter
LEL	Lower explosive limit
mg	Milligrams
mg/L	Milligrams per liter
MGD	Million gallons per day
MSDS	Material safety data sheet
NAICS	North American Industry Classification System
NOV	Notice of violation
NPDES	National Pollutant Discharge Elimination System
NSCIU	Nonsignificant categorical industrial user
O&M	Operation and maintenance
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.
SIU	Significant industrial user
SNC	Significant noncompliance
SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TRC	Technical review criteria
TSCA	Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.
TSS	Total suspended solids
USC	United States Code

§ 418-58 General sewer use requirements.

Prohibited discharge standards: These general prohibitions apply to all users of the POTW whether or not the user is subject to federal categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements. A user may not contribute the following substances to the POTW:

Any substance which will pass through and as a result cause the POTW treatment plant to violate its NPDES permit or the receiving stream's water quality standards.

Any wastewater containing pollutants in sufficient quantity which, either singly or by interaction with other pollutants, injures or interferes with the POTW treatment plant, constitutes a hazard to humans or animals, creates a toxic effect in the receiving waters of the POTW treatment plant, or exceeds the limitations set forth in a federal categorical pretreatment standard.

Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which cause interference to the POTW treatment plant.

Any substance which may cause the POTW treatment plant effluent or any other product of the POTW treatment plant such as residues, sludges or scums, to be unsuitable for reclamation or reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act;[1] or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,[2] the Clean Air Act,[3] the Toxic Substance Control Act,[4] or state criteria applicable to the sludge management method being used.

Editor's Note: See 33 U.S.C. § 1345.

Editor's Note: See 42 U.S.C. § 6901 et seq.

Editor's Note: See 42 U.S.C. § 7401 et seq.

Editor's Note: See 15 U.S.C. § 2601 et seq.

Any wastewater having a temperature which may inhibit biological activity in the POTW treatment plant resulting in interference. Any wastewater with a temperature at the introduction into the POTW treatment plant which exceeds 40° C. or 104° F. is prohibited.

Any wastewater with objectionable color not removed in the POTW treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW treatment plant.

Any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool drainage, noncontact cooling water, unpolluted industrial or nonresidential process water. The discharge of cooling water from air-conditioning units with cooling towers or recirculating systems or from air-conditioning units using flow-through or unrecirculating systems is prohibited.

Any wastewater having a pH less than five or more than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment.

Oils and greases, including petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, in amounts greater than 100 mg/L, and/or fats, oils and greases of animal and vegetable origin, in amounts greater than 200 mg/L; or contain substances that may solidify or become viscous at temperatures between 32° F. or 0° C. and 150° F. or 65° C.; or in quantities that may cause operational or other problems in the sewer collection system or wastewater treatment plant. In no case shall fats, oils and greases of animal and vegetable origin, or oils and greases of petroleum and mineral oil origin, be discharged at a level that, alone or in conjunction with discharges from other sources, will cause interference or pass through at the POTW treatment plant.

(11)

Any liquids, solids, or gases which by reason of their nature or quantity are, or may be sufficient, either alone or by interaction with other substances, to create a hazard of fire or explosion, or to be injurious in any other way to the POTW, or to the operation of the POTW, including, but not limited to, waste streams with a closed cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR § 261.21. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the sewer system (or at any point in the sewer system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Except as otherwise provided by the VJSA, prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substance which is a fire hazard or a hazard to the POTW.

(12)

Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems or any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance or repair.

(13)

Solid or viscous substances which may cause obstruction to the flow in the sewer system or interfere with the operation of the POTW treatment plant, including, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes.

(14)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the VJSA in compliance with applicable state or federal regulations.

(15)

Any wastewater which causes a hazard to human life or creates a public nuisance.

Special agreements: Nothing contained in this chapter shall be construed as prohibiting special agreements between the VJSA and an industrial user, or for the VJSA to otherwise waive requirements hereunder, when conditions and circumstances making such special agreements or waivers advisable and/or necessary, in the opinion of the VJSA, are present; provided, however:

Federal categorical pretreatment standards and prohibitive discharge standards, including the general and specific prohibited discharge standards set forth in 40 CFR § 403.5(a) and (b), and any other pretreatment requirements established in 40 CFR § 403 shall not be waived, unless such waiver is granted by mechanisms established under the federal pretreatment regulations.

In no case shall a special agreement or waiver of local limits allow for an industrial user to discharge any pollutant which, alone or in combination with other industrial user regulated discharges, would reasonably be expected to exceed the mass loadings determined by the VJSA as acceptable to the POTW treatment plant based upon considerations of, among other things, interference, pass-through and sludge contamination. The VJSA may consider other factors (e.g., effect of the discharge on the POTW treatment plant, future expansion, etc.) as it deems appropriate. In no event shall any special agreement or waiver allow the total loading allocated to all industrial users for any pollutant to exceed the maximum allowable industrial loading set forth in the most recent local limits technical evaluation.

The VJSA may require an industrial user requesting a special agreement or waiver adjusting effluent limitations to submit supporting documentation indicating why the industrial user cannot reasonably expect to meet effluent limitations contained in its wastewater discharge permit, setting forth an expeditious schedule for attaining compliance with such limitations, and including such other information as the VJSA may require.

In granting any special agreement or waiver the VJSA may impose time limitations upon any reduced requirements and a compliance schedule for achieving full compliance. In granting any special agreement, the VJSA may impose any other conditions deemed necessary to implement the purposes of this chapter. (e.g., treatment or sludge disposal costs), the VJSA may condition the special agreement or waiver upon the agreement of the industrial user to pay those costs, and to provide security adequate in the judgment of the VJSA to assure payment of said costs.

All special agreements or waivers shall be requested and granted in writing.

Federal categorical pretreatment standards. The federal categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, §§ 405 through 471 are hereby incorporated by reference.

When regulated waste streams, subject to a federal categorical pretreatment standard, are mixed with unregulated waste streams, the VJSA may impose alternate limits using the combined waste stream formula found in 40 CFR § 403.6(e).

Where a federal categorical pretreatment standard is expressed only in terms of either mass or concentration for a pollutant, the VJSA may impose equivalent concentration or mass limits in accordance with 40 CFR § 403.6(c).

When the limits in a federal categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the VJSA convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the VJSA. The VJSA may establish equivalent mass limits only if the industrial user meets all of the conditions outlined in 40 CFR § 403.6(c)(5) as set forth below:

To be eligible for equivalent mass limits, the industrial user must:

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit.

Currently use control and treatment technologies adequate to achieve compliance with the applicable federal categorical pretreatment standard, and not use dilution as a substitute for treatment.

Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions.

Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge.

[5]

Have consistently complied with all applicable federal categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

An industrial user subject to equivalent mass limits must:

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits.

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device.

Continue to record the facility's production rates and notify the VJSA whenever production rates are expected to be more than 20% from its baseline production rates determined in Subsection C(3)(a)[3]. Upon notification of a revised production rate, the VJSA will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility.

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection C(3)(a)[1] and [2] so long as it discharges under an equivalent mass limit.

When developing equivalent mass limits, the VJSA:

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable federal categorical pretreatment standard and the appropriate unit conversion factor.

Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility.

May retain the same equivalent mass limit in subsequent individual wastewater discharger permits if the industrial user's actual average daily flow rate is reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit are not based on the use of dilution as a substitute for treatment pursuant to § 418-58F of this chapter. The industrial user must also be in compliance with § 418-61C(2) of this chapter regarding prohibition of bypass.

The VJSA may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

The VJSA may convert the mass limits of federal categorical pretreatment standards at 40 CFR §§ 414, 419 and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. When converting such limits to concentration limits, the VJSA will use the concentrations listed in the applicable subparts of 40 CFR §§ 414, 419 and 455 and document that dilution is not being substituted for treatment as stated in § 418-58F of this chapter.

An industrial user may obtain a variance from a federal categorical pretreatment standard if the industrial user proves, pursuant to 40 CFR § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the federal categorical pretreatment standard.

An industrial user may obtain a net gross adjustment to a federal categorical pretreatment standard in accordance with 40 CFR § 403.15. Federal categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water.

Where there is a conflict between federal, state or local pretreatment standards, the more stringent pretreatment standard shall apply.

Where the POTW treatment plant achieves consistent removal of pollutants limited by federal categorical pretreatment standards, the VJSA may apply to the approval authority for modifications of specific limits in the federal categorical pretreatment standards. Appendices G-I and G-II contained in 40 CFR § 403.7 list those pollutants that are eligible for removal credits. Removal credits are only available for the various use and disposal practices regulated under the 40 CFR § 503 sludge regulations. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW treatment plant to a less toxic or harmless state in the effluent in 95% of the samples taken when measured according to the procedures set forth in 40 CFR § 403.7(c). The VJSA may then modify pollutant discharge limits in the federal categorical pretreatment standards if the requirements contained in 40 CFR § 403.7 are fulfilled and prior approval from the approval authority is obtained.

Local limits: Local limits for pollutants of concern, as set forth in the attached Schedule A,[5] shall be amended by ordinance of the Borough Council to protect against pass-through and interference, and to protect the sludge quality at the POTW treatment plant. Local limits may be allocated on an individual basis to the industrial users and defined through wastewater discharge permits issued pursuant to § 418-59H of this chapter. The VJSA may continue to develop these limits as necessary and effectively enforce such limits through the Borough chapter. Best management practices (BMPs) developed by the VJSA are attached hereto as Schedule B,[6] the same being incorporated herein by reference, and the same may be amended after ordinance approval. Local limits, as set forth in the attached Schedule A; BMPs, as set forth in the attached Schedule B; and the Prohibited Discharge Standards in § 418-58A of this chapter may be set forth in individual wastewater discharge permits to allow implementation thereof.

[5]

Editor's Note: Said schedule is on file in the Borough offices.

[6]

Editor's Note: Said schedule is on file in the Borough offices.

VJSA right of revision: The VJSA reserves the right to establish through wastewater discharge permits more stringent limitations or requirements on discharges to the POTW treatment plant if deemed necessary and appropriate to comply with the objectives presented in this chapter.

Dilution: 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 VJSA 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 limits is appropriate.

Pretreatment facilities: Industrial users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards, local limits and the prohibitions set out in § 418-58A of this chapter. Any facilities required to pretreat wastewater to a level acceptable to the VJSA 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 the VJSA for review, and shall be acceptable to the VJSA before construction of the facility. The VJSA does not by its acceptance of any of the designs or installations of the plans and equipment, or of any other information or plans submitted by the industrial user, warrant or aver in any manner that the industrial user's implementation of such measures will result in compliance with applicable pretreatment standards and requirements. Notwithstanding any acceptance of such plans by the VJSA, the industrial user remains solely responsible for compliance with applicable pretreatment standards and requirements and all other federal, state and local requirements. The review of such plans and operating procedures in no way relieves the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the POTW treatment plant under the provisions of this chapter.

Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the VJSA prior to the industrial user's initiation of the changes. The industrial user shall at all times properly operate and maintain all pretreatment facilities and systems of treatment and control (and related appurtenances) which are installed or used by the industrial user to achieve compliance with pretreatment standards and requirements. This includes adequate laboratory controls and appropriate quality assurance procedures, the operation of backup or auxiliary facilities, or similar systems which are installed by the industrial user only when the operation is necessary to achieve compliance. Except as provided by § 418-61C(2) of this chapter, the intentional diversion of waste streams from any portion of the industrial user's treatment facility is prohibited.

An industrial user, when required by the VJSA, shall construct and properly maintain at his own expense a suitable control manhole and other devices to facilitate observation, measurement and sampling of industrial wastewater. Such control manhole shall be constructed at an accessible, safe, suitable and satisfactory location in accordance with plans reviewed and deemed acceptable to the VJSA prior to construction of such control manhole.

Additional pretreatment requirements: Whenever the VJSA deems it necessary, the VJSA may require an industrial user to restrict its discharge during peak flow periods; to discharge at a consistent flow rate; to discharge certain industrial wastewaters only into specific sewers; to relocate and/or consolidate points of discharge; to separate domestic wastewater from industrial wastewater; and to perform and maintain such other conditions as may be necessary to protect the POTW treatment plant and to determine the industrial user's compliance with the requirements of this chapter.

Grease traps and grease interceptor requirements: The Borough may require any existing food service establishment and shall require all new food service establishments to install grease traps or grease interceptors subject to such terms and conditions as deemed necessary by the Borough to protect the sewer system and the POTW treatment plant from excessive amounts of fats, oils and grease (FOG). Among the factors to be considered by the Borough is whether the user's discharge has the potential to obstruct the flow in the sewer system or to interfere with the operation of the POTW treatment plant.

Sizing of grease interceptors is based on wastewater flow and grease retention capacity. Indoor grease traps shall be designed in accordance with the Plumbing and Drainage Institute Standard, PDI-G101.

If feasible, a grease interceptor shall be placed outside the building instead of an inside grease trap. The minimum size grease interceptor required is 1,000 gallons. Interceptors can be installed in series if greater capacity is needed.

Grease interceptors shall be constructed of impervious materials capable of withstanding abrupt or extreme changes of temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Other design considerations shall include, but are not limited to, the following: minimum of two compartments, each with its own manhole, and a center baffle to allow floating of FOG and settling of solids; inlet and outlet on grease interceptor shall be properly baffled; flow control devices; manholes finished to grade to allow easy access for proper maintenance; cleanout on outlet side of interceptor; inaccessibility to insects and vermin; and installation of sample vault with hydraulic jump on discharge side of interceptor.

Grease traps and grease interceptors shall be located in the service lateral line between all fixtures that may introduce FOG into the sewer system and the service connection to the sewer system. Such fixtures include, but are not limited to, sinks, dishwashers, garbage disposals, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture that may be a potential source of FOG.

Indoor grease traps will not be approved for food service establishments that are equipped with dishwashers or garbage disposals.

The trap/interceptor size, type of construction, and the location of the installation shall be acceptable to the Borough prior to installation.

Grease traps and grease interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense. To maintain grease traps and grease interceptors in a continuously efficient operation at all times, the owner shall be responsible for the proper removal and disposal of the captured material, and shall maintain records, which include dates of maintenance, person performing maintenance, estimated volume of FOG removed, hauler receipts or manifests, disposal locations and facility manager's verification. The frequency of cleaning shall be as specified by the trap/interceptor manufacturer, based on the size of the food service establishment and the type of food served, whichever is more stringent. Such records are subject to review by the Borough. Borough personnel may make periodic inspections of the installed facilities and associated records to assure proper operation, maintenance and disposal procedures are being practiced.

Oil/water separator requirements: Oil/water separators shall be installed at existing automotive repair facilities and car washes if the potential exists for petroleum oils to be discharged to the sewer system via floor drains. New facilities of this type are prohibited from installing floor drains that are connected to the sewer system. The type and size of oil/water separator shall be determined by the owner and shall be acceptable to the Borough prior to installation. Oil/water separators shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense. The owner shall be responsible for the proper removal and disposal of the captured material from oil/water separators, and shall maintain records of the dates and means of disposal. Such records are subject to review by the Borough. Borough personnel may make periodic inspections of the installed facilities and associated records to assure proper operation, maintenance and disposal procedures are being practiced.

Hauled waste: Hauled waste may be introduced into the POTW treatment plant only at locations designated by the VJSA, and at such times as are established by the VJSA. Such waste shall not violate this chapter or any other requirements established by the VJSA.

Waste haulers may be required to obtain a waste hauler permit. In such cases, the application may, at a minimum, contain the following information:

Name, address, location and telephone number.

Vehicle information.

Description of wastes to be discharged.

List of permits held by the applicant for generation, transport and disposal.

Estimate of total volume of waste to be discharged at the POTW treatment plant.

Name of the authorized representative of the waste hauler.

Waste hauler permits may include, but not be limited to, the following conditions:

Permit effective date and annual renewal.

Designated disposal site and discharge hours.

Random sampling requirements.

Right of refusal to accept hauled waste.

Prohibited discharges and local limits.

Waste tracking system.

Penalties and other enforcement actions.

Tracking of hauled waste through the use of a waste manifest form may include, but not be limited to, the following information:

Generator and hauler name, address and telephone number.

Permit number.

Type and volume of waste.

Signatory requirements.

§ 418-59 Wastewater discharge permit system.

Waste survey: When requested by the VJSA, all nonresidential users must submit information on the nature and characteristics of their wastewater by completing a waste survey within 30 days of the request. The VJSA is authorized to prepare a form for this purpose and may periodically require users to update the survey.

Wastewater discharge permit requirements:

No significant industrial users (SIU) shall discharge industrial wastewater into the POTW treatment plant without first obtaining a wastewater discharge permit from the VJSA, except when an SIU has filed a timely permit application pursuant to Subsections B(2) and (3) of this section, then the SIU may continue to discharge for the time period specified therein.

Any SIU which discharges industrial wastewater into the POTW treatment plant prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the VJSA for a wastewater discharge permit in accordance with § 418-59C of this chapter, if said SIU does not have a wastewater discharge permit, and shall not cause or allow discharges to the POTW treatment plant to continue after 180 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the VJSA.

Any SIU proposing to begin or recommence discharging industrial wastewater into the POTW treatment plant shall obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit shall be filed at least 60 days prior to the date upon which any discharge is to begin.

The VJSA may require other nonresidential users, with the potential to discharge wastewater other than domestic wastewater, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. In any case, the owner or his agent shall complete a permit application furnished by the VJSA when requested.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the permittee to the sanctions set out in § 418-61A and B of this chapter. Obtaining a wastewater discharge permit does not relieve the permittee of its obligation to comply with all federal, state and local pretreatment standards or requirements.

Wastewater discharge permit application: Industrial users required to obtain a wastewater discharge permit shall complete and file with the VJSA an application in the form prescribed by the VJSA and accompanied by the applicable fee. In support of the application, the user shall submit, in units and terms appropriate for evaluation, information including, but not limited to, the following:

Name, address, and NAICS number, according to the North American Industry Classification System, United States, 2002 Manual, Office of Management and Budget.

Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Clean Water Act,[1] and contained in 40 CFR § 136, as amended.

Editor's Note: See 33 U.S.C. § 1314(g).

Time and duration of discharge.

Average daily and sixty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, floor drains and appurtenances by size, location and elevation.

Description of activities, facilities and plant processes on the premises, including all materials used or stored at the facility which are, or could be, discharged to the POTW treatment plant.

Each product produced by type, amount, process or processes, and rate of production.

Number and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment facilities.

Water usage and disposal.

Type and amount of raw materials processed.

(11)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards.

(12)

If additional pretreatment and/or O&M is required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule shall meet the requirements set out in § 418-60B of this chapter.

(13)

If the industrial user also has an NPDES permit for a direct discharge, a copy of the NPDES permit.

(14)

Any other information as may be deemed by the VJSA to be necessary to evaluate the permit application.

(15)

The permit application shall be signed by an authorized representative of the industrial user.

(16)

Applications which are deemed by the VJSA to be incomplete or inaccurate shall not be processed and shall be returned to the industrial user for revision.

General permits:

At the discretion of the VJSA, the VJSA may use general permits to control industrial user discharges to the POTW treatment plant if the following conditions are met. All facilities to be covered by a general permit must:

Involve the same or substantially similar types of operations.

Discharge the same types of wastes.

Require the same effluent limitations.

Require the same or similar monitoring.

In the opinion of the VJSA, are more appropriately controlled under a general permit than under individual wastewater discharge permits.

To be covered by the general permit, the industrial user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any request in accordance with § 418-60D(4) of this chapter for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the VJSA deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the VJSA has provided written notice to the industrial user that such a waiver request has been granted in accordance with § 418-60D(4) of this chapter.

The VJSA will retain a copy of the general permit, documentation to support the VJSA's determination that a specific industrial user meets the criteria in § 418-59D(1)(a) through (e) of this chapter and a copy of the industrial user's written request for coverage for at least three years after the expiration of the general permit.

The VJSA may not control an industrial user through a general permit where the facility is subject to production-based federal categorical pretreatment standards or federal categorical pretreatment standards expressed as mass of pollutant discharged per day or for industrial users whose limits are based on the combined waste stream formula or net/gross calculations.

Signatories and certification:

Certification of permit applications, reports and initial monitoring waiver: All wastewater discharge permit applications, reports and initial monitoring waivers shall be signed by an authorized representative of the industrial user and shall contain the following certification statement:

"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."

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the VJSA prior to or together with any reports to be signed by an authorized representative.

Annual certification for nonsignificant categorical industrial users: A facility determined to be a nonsignificant categorical industrial user pursuant to 40 CFR § 403.3(v)(2) shall annually submit the following certification statement, signed in accordance with the signatory requirements in 40 CFR § 403.12(l) and § 418-57 of this chapter. This certification must accompany an alternative report required by the VJSA:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _____, I certify that, to the best of my knowledge and belief, during the period from _____, _____ to _____, _____ (months, days, year) the facility described as __________________ (facility name) met the definition of a "nonsignificant categorical industrial user" as described in 40 CFR § 403.3(v)(2) and § 418-13 of the Athens Borough chapter and complied with all applicable pretreatment standards and requirements during this reporting period. I further certify that the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance information is based upon the following information: ______________________________"

Certification of pollutants not present: Industrial users that have an approved monitoring waiver based on § 418-60D(4) of this chapter shall certify on each report using the following statement that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.

"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____, I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 418-60D of the Athens Borough chapter."

Wastewater discharge permit decisions: The VJSA will evaluate the data furnished by the industrial user. The VJSA may request additional information, issue a wastewater discharge permit, or deny any application for a wastewater discharge permit.

Wastewater discharge permit conditions: Wastewater discharge permits are hereby subject to all provisions of this chapter and all other applicable regulations, industrial user charges and fees established by the VJSA. Wastewater discharge permits may include such conditions as are reasonably deemed necessary by the VJSA to prevent pass-through or interference, protect the quality of the water body receiving the POTW treatment plant effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW treatment plant. Wastewater discharge permits may contain the following information:

The wastewater discharge permit duration shall not exceed five years.

The wastewater discharge permit is nontransferable without prior notification to and approval from the VJSA. Permit transfers shall be made in accordance with § 418-59H(5) of this chapter.

Effluent limits, including best management practices, based on applicable pretreatment standards. Such BMPs shall be considered local limits and pretreatment standards for the purposes of 403 CFR § 403 and Section 307(d) of the Act.[2]

Editor's Note: See 33 U.S.C. § 1317(d).

Self-monitoring, sampling, reporting, notification and recordkeeping requirements: These requirements include, but are not limited to, an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law. This also includes the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge, or a specific waived pollutant in the case of a wastewater discharge permit.

Civil, criminal and administrative penalties for violation of pretreatment standards and requirements, any applicable compliance schedule, or any other requirements set forth in this chapter. Such compliance schedules may not extend the time for compliance beyond that required by applicable federal, state and local law.

The unit charge or schedule of user charges and fees for the treatment of the wastewater discharged to the POTW treatment plant.

Limits on the average and/or maximum wastewater constituent concentrations, mass or other measure of identified wastewater pollutants or properties, and limits on the location of discharge points.

Limits on average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization.

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 POTW treatment plant.

Requirements for the installation and proper operation and maintenance of an industrial user's pretreatment facility, inspection and sampling facilities, and other equipment; and notification to the VJSA regarding the failure of such facilities and equipment.

(11)

Requirements for maintaining and affording VJSA representatives, including contractors, access to an industrial user's property and plant records relative to the wastewater discharge

(12)

Requirements for notification to the VJSA of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents.

(13)

Development and implementation of spill control plans or other special conditions including best management practices necessary to adequately prevent accidental, unanticipated or routine discharges.

(14)

Requirements to control slug discharges, if determined by the VJSA to be necessary.

(15)

Any grant of the monitoring waiver by the VJSA, such as for pollutants not present as described in § 418-60D(4) of this chapter, must be included as a condition in the industrial user's permit.

(16)

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW treatment plant.

(17)

A statement that compliance with the wastewater discharge permit does not relieve the industrial user of the responsibility for compliance with all applicable pretreatment standards, including those that become effective during the term of the wastewater discharge permit.

(18)

Other conditions as deemed appropriate by the VJSA to ensure compliance with this chapter, and state and federal laws, rules and regulations, or as otherwise deemed necessary to protect the POTW treatment plant, sludge quality, human health and the environment.

Wastewater discharge permit issuance:

Permit duration: Wastewater discharge permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period of less than five years at the discretion of the VJSA.

Permit public notice: The VJSA may provide public notice in a newspaper of general circulation that provides meaningful public notice within the jurisdiction of the POTW, at least 14 days prior to issuance of a wastewater discharge permit. The notice may indicate a location where the draft/final wastewater discharge permit may be reviewed and an address where written comments may be submitted.

Permit appeals: Any person, including the industrial user, may petition the VJSA to reconsider the terms of a wastewater discharge permit within 30 days of its issuance or modification. Such petition shall be in writing and shall clearly state all facts on which it relies.

Failure to submit a timely petition for review shall be deemed a waiver of the administrative appeal.

In its petition, the appealing party shall indicate the wastewater discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. If the appeal is for a modified wastewater discharge permit, only the modified permit conditions shall be subject to appeal.

The effectiveness of the wastewater discharge permit shall not be stayed pending an appeal.

If the VJSA fails to initiate action to reconsider the decision within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered a final administrative action for purposes of judicial review.

Aggrieved parties seeking judicial review of final administrative wastewater discharge permit decisions must do so by filing a complaint with the Court of Common Pleas for Bradford County within 30 days of the VJSA's determination, or within 30 days of the expiration of the thirty-day period under Subsection H(3)(d), as applicable.

Permit modifications: The terms and conditions of the wastewater discharge permit may be subject to modification by the VJSA during the term of the permit for cause as provided below. Changes or new conditions in the wastewater discharge permit may include a reasonable time schedule for compliance as authorized by applicable law and as determined by the VJSA. Causes for modification to a wastewater discharge permit include, but are not limited to, the following:

Changes in federal, state or local pretreatment standards or requirements.

Alterations or additions to the industrial user's operation, process or wastewater discharge volume or character since the time of the wastewater discharge permit issuance.

A change in the POTW treatment plant that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the sewer system and/or the POTW treatment plant, personnel or the receiving waters, or may place the VJSA in violation of its NPDES permit.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

Revision of a grant of variance from federal categorical pretreatment standards pursuant to 40 CFR § 403.13.

(h)

To correct typographical or other errors in the wastewater discharge permit.

(i)

To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

Permit transfer: Wastewater discharge permits shall be issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be transferred to any person or to different premises, and shall not encompass a new or changed operation unless VJSA approval is issued. Notice of the transfer shall be provided to the VJSA 30 days in advance of the transfer and shall include a written certification by the new owner and/or operator which:

Provides the name and address of the facility including the name of the new owner and/or operator.

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.

Identifies the specific date on which the transfer is to occur.

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer shall render the wastewater discharge permit void on the date of facility transfer. The VJSA may modify or terminate a transferred permit as set forth in § 418-59H(4) or (6) of this chapter.

Permit termination: The VJSA may revoke or terminate a wastewater discharge permit for cause, including, but not limited to, the following reasons:

Failure to notify the VJSA of significant changes in the operation or wastewater volume, characteristics or constituents prior to discharge.

Failure to provide prior notification to the VJSA of changed conditions pursuant to § 418-60E of this chapter.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or reports.

Falsifying monitoring reports.

Tampering with monitoring equipment.

Refusing to allow the VJSA or its representative's timely access to the facility premises and records.

Failure to meet effluent limitations.

(h)

Failure to timely pay fines.

(i)

Failure to timely pay sewer charges.

(j)

Failure to meet compliance schedules.

(k)

Failure to complete a waste survey or wastewater discharge permit application.

(l)

Failure to provide advance notice of the transfer of business ownership of a permitted facility.

(m)

Violation of any pretreatment standard or requirement, or any conditions of a wastewater discharge permit or this chapter.

(n)

A change in the POTW treatment plant that requires either a temporary or permanent reduction or elimination of the authorized discharge.

(o)

Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the sewer system or POTW treatment plant, Borough or VJSA personnel, the receiving waters, or may place the VJSA in violation of its NPDES permit.

(p)

Wastewater discharge permits shall be voided by the VJSA for nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits issued to a particular industrial user are void upon the issuance of a subsequent wastewater discharge permit to that industrial user. An industrial user shall be notified of the proposed termination of its wastewater discharge permit and may be offered an opportunity to show cause as set forth in § 418-61A(3) of this chapter.

Permit reissuance: Except as otherwise approved by the VJSA, an industrial user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit. Notwithstanding any other provision of this chapter, if the industrial user has timely filed a complete permit application, and the VJSA, through no fault of the industrial user, has not reissued the wastewater discharge permit prior to the expiration date, the conditions of the existing wastewater discharge permit shall continue until such time the VJSA has issued another permit.

Authorization to issue permits: The POTW treatment plant superintendent has the authorization to issue permits. His/her signature shall appear on the first page of each wastewater discharge permit with the issuance, amendment and expiration dates of the wastewater discharge permit.

Regulation of wastewater received from other municipalities: If another municipality or industrial user located within another municipality contributes wastewater to the POTW treatment plant, the VJSA shall enter into an interjurisdictional agreement with the contributing municipality. Pertinent information relative to the quality and volume of wastewater discharged from the contributing municipality shall be requested prior to entering into an agreement with the contributing municipality.

§ 418-60 Monitoring and reporting requirements.

Baseline monitoring report (BMR): Within either 180 days after the effective date of a federal categorical pretreatment standard, or the final administrative decision of a category determination under 40 CFR § 403.6(a)(4), whichever is later, existing categorical SIUs subject to such federal categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW treatment plant, shall submit a BMR to the VJSA which contains the information listed in 40 CFR § 403.12(b) and in this subsection. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical SIUs subsequent to the promulgation of an applicable federal categorical pretreatment standard, shall be required to submit a BMR to the VJSA which contains the information listed in 40 CFR § 403.12(b) and in this subsection. A new source shall report the method of pretreatment it intends to use to meet applicable federal categorical pretreatment standards, and provide estimates of its anticipated flows and quantity of pollutants to be discharged. Categorical SIUs shall submit the following information as part of a BMR:

The name and address of the facility, including the name of the operator and owner.

A list of any environmental control permits held by or for the facility.

A brief description of the nature, average rate of production and North American Industry Classification System (NAICS) number of the operation(s) carried out by such categorical SIU. This description shall include a schematic process diagram which indicates points of discharge to the sewer system from the regulated processes.

Information showing the measured average daily and maximum daily flow, in gallons per day, to the sewer system from regulated process waste streams and other waste streams, as necessary, to allow use of the combined waste stream formula as established in 40 CFR § 403.6(e).

The federal categorical pretreatment standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the federal categorical pretreatment standard or by the VJSA, 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. At least one sample representative of daily operations shall be provided with the BMR and shall be analyzed in accordance with procedures found in § 418-60I(2) of this chapter. Sampling shall be performed in accordance with procedures found in § 418-60I(1) of this chapter. The BMR shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the sewer system.

A certification statement, reviewed by the categorical SIU authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

If additional pretreatment and/or O&M are required to meet the pretreatment standards and requirements, the categorical SIU shall submit the shortest schedule by which it 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 standards or requirements. A compliance schedule shall meet the requirements set forth in § 418-60B of this chapter.

All BMRs shall be signed and certified in accordance with § 418-59E of this chapter.

In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution prevention alternative, the categorical SIU shall submit documentation required by the VJSA or the pretreatment standard or requirement necessary to determine compliance status of the categorical SIU.

Compliance schedule progress report: The following conditions shall apply to the schedule required by §§ 418-59C(12) and 418-60A(7) of this chapter:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards and requirements (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and initiating operation).

No increment referred to in Subsection A of this section shall exceed nine months.

The industrial user shall submit a progress report to the VJSA no later than 14 days following each date in the schedule and the final date of compliance, including whether or not it complied with the increment of progress to be met on such date, and if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the industrial user to return to the established schedule.

No more than nine months shall elapse between the dates on which such progress reports are provided to the VJSA.

Reports on compliance with federal categorical pretreatment standard deadline:

Within 90 days following the date for final compliance with applicable federal categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW treatment plant, any categorical SIU subject to such federal categorical pretreatment standards shall submit to the VJSA a report containing the information described in § 418-60A(4) through (6) of this chapter.

For categorical SIUs subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the categorical SIU long-term production rate. For all other categorical SIUs subject to federal categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the categorical SIU actual production during the appropriate sampling period.

All compliance reports shall be signed and certified in accordance with § 418-59E of this chapter.

In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution alternative, an industrial user shall submit documentation required by the VJSA or the pretreatment standard or requirement necessary to determine compliance status of the industrial user.

Periodic compliance report:

Except as specified in § 418-60D(5) of this chapter, all industrial users subject to a federal categorical pretreatment standard or any other pretreatment standard or requirement shall submit periodic compliance reports to the VJSA in accordance with 40 CFR § 403.12(e), (g) and (h), as applicable, during the months of July and January, unless required more frequently in the pretreatment standard or requirement or by the VJSA, indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards or requirements. Both daily maximum and average concentrations shall be reported. In addition, the report shall include a record of the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation required by the VJSA or the pretreatment standard necessary to determine compliance status of the industrial user facility. At the discretion of the VJSA and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the VJSA may agree to alter the months during which the above reports shall be submitted. All periodic compliance reports shall be signed and certified in accordance with § 418-59E of this chapter. Copies of all chain of custody forms and laboratory analytical reports from the contract laboratory shall be submitted with each periodic compliance report.

The VJSA shall impose mass limitations on industrial users where the imposition of mass limitations is appropriate. In such cases, the report required in Subsection D(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the VJSA, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the VJSA.

Industrial users subject to equivalent mass or concentration limits established by the VJSA in accordance with 40 CFR § 403.6(c) shall include a reasonable measure of the industrial user's long-term production rate in the periodic compliance report. Categorical SIUs subject to federal categorical pretreatment standards, which are expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), shall include the categorical SIU actual average production rate for the reporting period in the periodic compliance report.

The VJSA may authorize a categorical SIU subject to a federal categorical pretreatment standard to forego sampling of a pollutant regulated by a federal categorical pretreatment standard if the categorical SIU has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is only present at background levels from intake water and without any increase in the pollutant due to activities of the categorical SIU, as subject to the following conditions:

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from a facility provided that the sanitary wastewater is not regulated by an applicable federal categorical pretreatment standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five years. The categorical SIU must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.

In making a demonstration that a pollutant is not present, the categorical SIU must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance with § 418-57 of this chapter, and all requests for the waiver must include the certification statement in § 418-59E of this chapter.

Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR § 136 with the lowest minimum detection level for that pollutant is used for the analysis.

Any grant or a monitoring waiver by the VJSA must be included as a condition of the categorical SIU wastewater discharge permit. The reasons supporting the waiver and any information submitted by the categorical SIU in its request for the waiver must be maintained by the VJSA for three years after expiration of the waiver.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur with the categorical SIU operations, the categorical SIU must immediately comply with the monitoring requirements of § 418-60D(1) of this chapter or other more frequent monitoring requirements imposed by the VJSA. In such cases, the categorical SIU shall immediately notify the VJSA.

(h)

This provision does not supersede certification processes and requirements established in federal categorical pretreatment standards, except as otherwise specified in the federal categorical pretreatment standard.

The VJSA may reduce the requirement for periodic compliance reports, as outlined in § 418-60D(1) of this chapter, to a requirement to report no less frequently than once a year, unless required more frequently in a pretreatment standard or by EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following conditions:

Greater than 0.01% of the design dry weather hydraulic capacity of the POTW treatment plant, or 5,000 GPD, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches.

Greater than 0.01% of the design dry weather organic capacity of the POTW treatment plant.

Greater than 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable federal categorical pretreatment standard for which approved local limits are developed, in accordance with § 418-58D of this chapter.

Reduced reporting is not available to industrial users that have been in significant noncompliance (SNC) during the last two years, as defined in § 418-60J of this chapter. In addition, reduced reporting is not available to industrial users with daily flow rates, production levels or pollutant levels that vary so significantly that, in the opinion of the VJSA, decreasing the reporting requirement for this type of industrial user results in data that are not representative of conditions occurring during the reporting period. The industrial user must notify the VJSA immediately of any changes at its facility causing it to no longer meet the conditions outlined in this section. Upon notification, the industrial user must immediately begin complying with the minimum reporting in § 418-60D(1) of this chapter.

The VJSA must retain documentation to support the VJSA's determination that a specific industrial user qualifies for reduced reporting requirements under this section for a period of three years after the expiration of the term of the control mechanism.

Report of changed conditions: Each industrial user shall notify the VJSA in writing of any planned significant changes to the industrial user's operations or pretreatment facilities which may alter the nature, quality or volume of its wastewater at least 30 days before the change occurs. This notification requirement includes anticipated changes in industrial user production which can reasonably be expected to impact the POTW treatment plant.

The VJSA may require the industrial user to submit such information as deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 418-59C of this chapter.

The VJSA may issue a wastewater discharge permit under § 418-59H of this chapter or modify an existing wastewater discharge permit under § 418-59H(4) of this chapter in response to changed conditions or anticipated changed conditions.

No industrial user shall implement the planned changed condition(s) until and unless the VJSA has responded to the industrial user's notice. The VJSA may require the industrial user to undertake a compatibility study to demonstrate to the satisfaction of the VJSA that the wastewater to be discharged is compatible with the POTW treatment plant, will not affect any requirements imposed upon the VJSA (including sludge disposal requirements), and will not adversely affect the POTW treatment plant.

For purposes of this requirement, significant changes include, but are not limited to, flow increases of 10% or greater, and the discharge of any previously unreported pollutants.

Report of potential problems:

In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, which may cause pass-through or interference or affect sludge quality at the POTW treatment plant, the industrial user shall immediately notify the VJSA of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user. The notification hereunder does not authorize or otherwise condone a discharge in violation of this chapter, a wastewater discharge permit, or other applicable federal, state or local requirements.

Within five days, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, damage, loss or other liability which may be incurred as a result of damage to the POTW treatment plant, natural resources, or any other damage to person 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 or other applicable law. This written report shall be signed by an authorized representative of the industrial user in accordance with § 418-57 of this chapter.

A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection F(1) of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedures.

All industrial users are required to notify the VJSA immediately of any changes at its facility affecting the potential for a slug discharge.

Notification of hazardous waste discharge:

All industrial user shall notify the VJSA, the EPA Regional Waste Management Division Director and DEP Waste Management authorities, in writing, in accordance with 40 CFR § 403.12(p), of any discharge into the POTW treatment plant of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR § 261. Such notification shall include:

The name of the hazardous waste as set forth in 40 CFR § 261.

The EPA hazardous waste identification number.

The type of discharge (continuous, batch or other).

If the industrial user discharges more than 100 kilograms (45.5 pounds) of such waste per calendar month to the POTW treatment plant, 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 waste.

An estimation of the mass and concentration of such constituents in the industrial wastewater discharged during that calendar month.

An estimation of the mass of constituents in the industrial wastewater expected to be discharged during the following 12 months.

All notifications under this section shall take place immediately or no later than 180 days after the discharge commences, whichever is later. Any notification under this section need be submitted only once for each hazardous waste discharge. However, notifications of changed discharges shall be submitted per § 418-60E of this chapter. This notification requirement does not apply to pollutants already reported by industrial users subject to federal categorical pretreatment standards under the monitoring requirements of § 418-60A, C and D of this chapter.

Dischargers are exempt from the requirements of Subsection G(1) of this section during a calendar month in which they discharge no more than 15 kilograms (6.8 pounds) of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms (6.8 pounds) of nonacute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste, the industrial user shall notify the VJSA, the EPA Regional Waste Management Division Director and DEP Waste Management authorities of the discharge of such substances within 90 days of the effective date of such regulations.

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.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a wastewater discharge permit issued hereunder, or any applicable federal or state law.

Accidental discharge/slug discharge control plan:

Upon notification from the VJSA, an industrial user shall provide protection from accidental and slug discharges of prohibited materials or other substances regulated by this chapter, or by federal or state regulations.

Facilities to prevent accidental or slug discharges of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by the industrial user to the VJSA for review, and shall be subject to VJSA acceptance before construction of the facility.

All industrial users shall be evaluated for the necessity for an accidental discharge/slug discharge control plan by the VJSA in accordance with requirements found at 40 CFR § 403.8(f)(2)(vi). The VJSA may require any industrial user to develop, submit for approval, and implement such plan and take such other action that may be necessary to control slug discharges.

All industrial users are required to notify the POTW treatment plant superintendent immediately of any changes at its facility affecting potential for a slug discharge.

An accidental discharge/slug discharge control plan shall address, at a minimum, the following requirements:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals and material safety data sheets (MSDS).

Procedures for immediately notifying the POTW treatment plant superintendent of any accidental or slug discharge, as required by § 418-60F of this chapter.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents and/or measures and equipment for emergency response.

Such other conditions as deemed appropriate by the VJSA.

Compliance monitoring:

Sample collection:

Samples for cyanide, oil and grease, pH, total phenols, sulfide, temperature, toxicity and volatile organic compounds shall be obtained using grab collection techniques.

Grab samples shall also be used for any pollutant subject to an instantaneous maximum limitation.

All other wastewater compliance monitoring samples shall be collected using flow-proportioned composite collection techniques. The VJSA may authorize the use of time-proportioned sampling or the collection of one grab sample every two hours for the duration of the discharge where the industrial user demonstrates to the VJSA that the grab samples shall be representative of the effluent being discharged to the POTW treatment plant. Holding time for sample parameters begins at the time the last sample is collected in the composite sampling bottle. The time of final sample collection shall be recorded on the chain of custody form.

The decision to allow the alternative sampling must be documented in the industrial user file for the facility. Using protocols (including appropriate preservation) specified in 40 CFR § 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows:

For cyanide, total phenols, and sulfide: the samples may be composited in the laboratory or in the field.

For volatile organic compounds and oil and grease: the samples may be composited in the laboratory.

Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the VJSA, as appropriate.

If grab samples are used for BMR reporting under § 418-60A of this chapter and ninety-day compliance reports under § 418-60C of this chapter, a minimum of four grab samples must be collected and analyzed for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the VJSA may authorize a lower minimum number of samples. For other industrial user compliance reports and industrial user reports not subject to federal categorical pretreatment standards, the VJSA shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

In general, all samples shall be collected in accordance with 40 CFR § 136 protocol, which includes use of proper sampling containers, maintenance of samples at a temperature of <6° C., use of proper preservatives and adherence to parameter holding times.

The VJSA reserves the right to require that all sampling shall be conducted by a laboratory accredited under the auspices of the Environmental Laboratory Accreditation program at 25 PA Code § 252.

Analytical requirements:

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR § 136, as amended, unless otherwise specified in an applicable federal categorical pretreatment standard. If 40 CFR § 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

Specifically, all parameter holding times shall be adhered to, such as the forty-eight-hour holding time for the BOD analysis, which begins at the time the last sample aliquot is collected.

All analyses shall be conducted by a laboratory accredited under the auspices of the Environmental Laboratory Accreditation program at 25 PA Code § 252, unless the VJSA approves otherwise for permit-by-rule parameters such as the analysis of pH. Such request for permission by a nonaccredited facility to conduct analyses as required by a wastewater discharge permit issued by the VJSA shall be made in writing to the VJSA.

The VJSA reserves the right to select an accredited laboratory for industrial users.

Representative sampling: All wastewater samples shall be representative of the industrial user's normal discharge occurring during the reporting period. 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 the monitoring facility in good working order shall not be grounds for the industrial user to claim the sample results are not representative of the discharge.

Sampling frequency: The industrial user shall insure that an adequate number of samples are collected and analyzed to determine that the pretreatment facilities are operating properly and that the wastewater discharge does not violate pretreatment effluent limitations. Except as may otherwise be required in a wastewater discharge permit, industrial user sampling for determining compliance shall be conducted at least once every six months and analyzed for applicable pollutants. The VJSA reserves the right to require sampling more frequently than set herein.

Reporting of increased sampling results: If an industrial user subject to the reporting requirements of this chapter monitors any regulated pollutant at the appropriate sampling location more frequently than required by the VJSA using the procedures prescribed in § 418-60I(2) of this chapter, results of this monitoring shall be included in the report.

Repeat sampling and reporting. If sampling performed by an industrial user indicates a violation of a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the industrial user shall notify the VJSA 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 VJSA within 30 days after becoming aware of the violation. The industrial user is not required to resample if the VJSA monitors the industrial user's wastewater discharge at least once a month or the VJSA samples between the industrial user's initial sampling and when the industrial user receives the initial sample results.

Toxicity monitoring: An industrial user shall undertake whole effluent toxicity testing as deemed necessary by the VJSA using DEP and EPA established protocol. An industrial user shall conduct a toxicity reduction evaluation and take steps to reduce toxicity, when requested by the VJSA using DEP and EPA established protocol.

Recordkeeping: industrial users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records and information obtained pursuant to any monitoring activities required by this chapter, including documentation associated with best management practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements. Records shall include the date, exact place, method, time of sampling, and name of the person(s) taking the samples; the dates analyses are performed; who performed the analyses; the analytical techniques or methods used; and the results of the analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the industrial user, or where the industrial user has been specifically notified of a longer retention period by the VJSA.

Right of entry; inspection and sampling:

The VJSA shall have the right to enter the premises of any industrial user to ascertain whether the industrial user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Industrial users shall allow the VJSA or its representatives ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or as necessary for the performance of any additional duties.

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, the VJSA or its representatives shall be permitted to enter without delay for the purposes of performing specific responsibilities.

The VJSA 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 industrial user's operations.

Monitoring facilities:

The VJSA may require the industrial user to install monitoring facilities, as necessary, to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring equipment shall be situated on the industrial user's premises, but the VJSA may, in its sole discretion, when such a location may be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it shall not be obstructed by landscaping or parked vehicles.

Monitoring facilities shall be constructed in a manner acceptable to the VJSA. The VJSA may require that the monitoring facilities be equipped with permanent flow measurement or sampling equipment. Plans and specifications for the construction of monitoring facilities and all required equipment shall be submitted to and be accepted by the VJSA prior to the initiation of construction of such facilities.

The industrial user's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All equipment used to measure wastewater flow or quality shall be calibrated annually to ensure their accuracy. Annual calibration certificates shall be provided to the POTW treatment plant superintendent. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the VJSA's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the VJSA.

Any temporary or permanent obstruction to safe and easy access to the industrial user monitoring facilities to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the VJSA and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.

Unreasonable delays in allowing the VJSA or its representatives access to the industrial user's premises shall be a violation of this chapter.

Search warrants: If the VJSA has been refused access to a building, structure or property of an industrial user, or any part thereof, and if the VJSA has probable cause to believe that an industrial user has violated or may violate this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the VJSA designed to verify compliance with this chapter or a wastewater discharge permit or order issued hereunder, or to protect the overall health, safety and welfare of the community, then the VJSA may seek issuance of an administrative search warrant from the local Bradford County Magisterial District Judge. Such warrant shall be served at reasonable hours by the VJSA in the company of a law enforcement officer. In the event of an emergency affecting the public health and safety, inspections shall be made without the issuance of a search warrant.

Publication of industrial users in significant noncompliance: The VJSA may publish on an annual basis, or more frequent basis, as it deems appropriate, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW treatment plant, a list of industrial users which were in significant noncompliance (SNC) with applicable pretreatment standards or requirements during the previous 12 months. The VJSA shall not be liable for any damages of any sort suffered by any industrial user or owner as a result of such publication, nor shall the VJSA incur any liability through publication of incorrect information where such information was believed accurate when published or was the result of administrative or typographical error. An industrial user is in SNC if its violation meets one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed a numeric pretreatment standard or requirement including instantaneous limits, as defined in § 418-57 of this chapter and by 40 CFR § 403.3(1).

Technical review criteria (TRC) violations, defined here as those in which 33% or more of the wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in § 418-57 of this chapter and by 40 CFR § 403.3(1), multiplied by the applicable TRC criteria (which is 1.4 for BOD, oil and grease and TSS; and 1.2 for all other pollutants except pH).

Any other violation of a pretreatment standard of requirement as defined in § 418-57 of this chapter and by 40 CFR § 403.3(1) that the VJSA determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of sewer system or POTW treatment plant personnel or the general public.

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment in accordance with 40 CFR § 403.8(f)(2)(vii), or has resulted in the VJSA's exercise of its emergency authority under 40 CFR § 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.

Failure to meet, within 90 days after 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.

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, reports on compliance with federal categorical pretreatment standard deadlines, periodic compliance reports, reports on compliance with compliance schedules and any other reports required under this chapter or by applicable pretreatment standards or requirements.

Failure to accurately report noncompliance.

Any violations, which may include a violation of best management practices, which the VJSA determines will adversely affect the operation or implementation of the VJSA's Pretreatment Program.

Duty to provide information: An industrial user shall furnish to the VJSA, within a reasonable time, any information which the VJSA may request to determine whether cause exists for modifying, reissuing, terminating or revoking a wastewater discharge permit, or to determine industrial user pretreatment compliance. The industrial user shall also furnish to the VJSA, upon request, copies of records required to be maintained pursuant to this chapter or other applicable federal, state or local laws or regulations. If the industrial user becomes aware that it failed to submit relevant facts or submitted incorrect information in an application for a wastewater discharge permit, a report to the VJSA, or in any correspondence pertaining to its industrial wastewater discharge, the industrial user shall promptly submit such facts or information to the VJSA.

Confidential information:

Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the industrial user specifically requests confidentiality, and is able to demonstrate to the satisfaction of the VJSA that the release of such information may divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. Any such request shall be asserted at the time of submission of the information or data to the VJSA.

When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon written request to governmental agencies for uses related to the NPDES Program or the Industrial Pretreatment Program, and in enforcement proceedings involving the person furnishing the report.

Wastewater constituents and characteristics as defined by 40 CFR § 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

§ 418-61 Enforcement; violations and penalties.

Administrative remedies:

Notice of violation (NOV): When the VJSA finds that an industrial user has violated, or continues to violate this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the VJSA may serve upon said industrial user a written notice of violation. Within 10 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 to the VJSA by the industrial user. Submission of this plan shall not relieve the industrial user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the VJSA to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent orders: The VJSA is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with an industrial user responsible for the noncompliance. Such consent orders shall include specific actions to be taken by the industrial user to correct the noncompliance within a time period also specified by the consent order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to § 418-61A(4) of this chapter and shall be enforceable in an appropriate court.

Show cause orders:

When the VJSA finds that an industrial user has violated, or continues to violate, this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the industrial user may be ordered to appear before the VJSA and show cause why a proposed enforcement action should not be taken.

Notice shall be served on the industrial user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the industrial user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified or registered mail (return receipt requested) at least 10 days prior to the hearing. Service may be made on any authorized representative of the industrial user.

The hearing may be formal or informal, based on the severity of the noncompliance. A formal hearing shall be conducted according to the rules of evidence and open to the public. An informal hearing shall be closed to the public.

After the VJSA has reviewed the evidence, it may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives deemed necessary and appropriate may be issued by the VJSA.

A show cause order shall not bar against, or be a prerequisite for, taking any other action against the industrial user. Failure to attend a show cause hearing or otherwise comply with a show cause order is a violation of this chapter for each day of a violation. A show cause order has the full force of law and is enforceable in a court of law.

Compliance orders:

When the VJSA finds that an industrial user has violated, or continues to violate, this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the VJSA may issue a compliance order to the industrial user responsible for the discharge directing that the industrial user come into compliance within a period of time set forth in the compliance order.

If the industrial user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated.

Compliance orders 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 system.

A compliance order does not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the industrial user of liability for any violation, including any continuing violation.

Issuance of a compliance order shall not bar against, or be a prerequisite for, taking any other enforcement action against the industrial user. Failure of an industrial user to comply with any condition or requirement set forth in a compliance order is a violation of this chapter and is independently enforceable for each day of a violation. A compliance order has the full force of law and is enforceable in a court of law.

Cease-and-desist orders:

When the VJSA finds that an industrial user has violated, or continues to violate, this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the industrial user's past violations are likely to recur, the VJSA may issue a cease-and-desist order directing the industrial user to cease and desist all such violations and to immediately comply with all requirements and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatening violation, including halting operations and/or terminating the discharge.

Issuance of a cease-and-desist order shall not bar against, or be a prerequisite for, taking any other action against the industrial user. Failure of an industrial user to comply with any condition or requirement set forth in a cease-and-desist order is a violation of this chapter and is independently enforceable for each day of a violation. A cease-and-desist order has the full force of law and is enforceable in a court of law.

Administrative fines:

When the VJSA finds that an industrial user has violated, or continues to violate, this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, that industrial user shall be fined an amount not to exceed $1,000 per day for each violation in accordance with State Borough Code.[1] Each violation for each separate day shall constitute a separate and distinct offense. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

The VJSA is hereby authorized to adopt, from time to time, a formal, written civil penalty assessment policy, known as the "Enforcement Response Plan and Civil Penalty Policy," which may set forth such fines not in excess of $1,000 per day as may be permitted by law and adopted by ordinance amendment, and which said policy is available to industrial users and other interested parties upon request.

The industrial user charged with the fine shall have 30 days to pay the proposed fine in full, or, if the industrial user wishes to contest the amount of the fine or the fact of the violation, the industrial user may file an appeal. Failure to appeal within this thirty-day period shall result in a waiver of all legal rights to contest the violation or the amount of the fine. Appeals of administrative fines shall be subject to the procedure set forth in 2 Pa.C.S.A. The VJSA may add the costs for reestablishing the operation of the POTW treatment plant and any other appropriate costs to the administrative fines. Unpaid charges, fines and penalties shall constitute a lien against an individual industrial user's property.

Issuance of an administrative fine shall not bar against, abridge, or alter any right of action or remedy, existing in equity, or under the common law or statutory law, criminal or civil, available to the Borough and VJSA in taking any other action against the industrial user.

Termination of sewer service:

The VJSA may immediately suspend an industrial user's discharge, after notice to the industrial user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The VJSA may also immediately suspend an industrial user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW treatment plant, or which presents, or may present, an endangerment to the environment.

Any industrial user notified of a suspension of its discharge shall immediately stop or eliminate the discharge to the POTW treatment plant. In the event of a failure by the industrial user to immediately comply voluntarily with the termination order, the VJSA shall take steps in conjunction with the Borough, as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW treatment plant, its receiving stream, or endangerment to any individuals. The VJSA shall allow the industrial user to recommence its discharge when the industrial user has demonstrated to the satisfaction of the VJSA that the period of endangerment has passed, unless the termination proceedings set forth in § 418-59H(6) of this chapter are initiated against the industrial user.

An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the VJSA within five days of the date of occurrence as stipulated in § 418-60F of this chapter, or, prior to the date of any show cause or termination hearing under § 84-58.3M and O of this chapter, whichever date is earlier.

Nothing in this section shall be interpreted as requiring a hearing prior to any termination of sewer service under this section.

Judicial remedies:

Injunctive relief:

When the VJSA finds that an industrial user has violated, or continues to violate, this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement; or determines the discharge from an industrial user presents imminent or substantial harm to the POTW treatment plant or the public; or the discharge from the industrial user causes the POTW treatment plant to violate any condition of its NPDES permit; or the industrial user has shown a lack of ability or intention to comply with a pretreatment standard, the VJSA may petition the Court of Common Pleas for Bradford County through the VJSA 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 the activities of the industrial user.

Such other action as is appropriate for legal and/or equitable relief may also be sought by the VJSA, including the assessment of a civil penalty. A petition for injunctive relief shall not bar against, or be a prerequisite for, taking any other action against an industrial user.

Civil penalties:

When the VJSA finds that an industrial user has violated, or continues to violate, this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement; or determines the discharge from an industrial user presents imminent or substantial harm to the POTW treatment plant or the public; or the discharge from the industrial user causes the POTW treatment plant to violate any condition of its NPDES permit; or the industrial user has shown a lack of ability or intention to comply with a pretreatment standard, that industrial user may, in addition to an action for injunctive relief, be assessed a civil penalty in an amount not to exceed $1,000 per violation, per day, regardless of jurisdictional boundaries.

Each violation for each separate day shall constitute a separate and distinct offense. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.

Filing a suit for civil penalties shall not bar against, or be a prerequisite for, taking any other action against an industrial user. The VJSA shall have the authority to resolve any pending litigation by entering into a consent decree with the offending industrial user.

Criminal prosecution:

When the VJSA finds that an industrial user has willfully or negligently violated, or continues to violate this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, that industrial user may be subject to criminal liability under federal, state or local law. In the event the industrial user violates any federal and/or state law, the penalty for such violation shall be as set forth in such federal or state law.

In the event the industrial user violates any provision of this chapter and/or the Enforcement Response Plan, the penalty for such violation shall be a fine of not less than $100 and not more than $1,000 for each violation or up to 30 days' imprisonment in default of payment for such fine. Each day a violation exists shall constitute a separate offense and shall be punishable as such. Nothing herein shall be construed to prevent the VJSA from prosecuting any violation through criminal and/or civil proceedings or both simultaneously.

Falsifying information: Any industrial user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter may be subject to criminal liability under federal, state and/or local law.

Affirmative defenses:

Treatment upsets:

For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with federal categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with federal categorical pretreatment standards if the requirements of this subsection are met. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:

An upset occurred and the industrial user can identify the cause(s) of the upset.

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.

The industrial user has submitted the following information to the POTW treatment plant superintendent within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission shall be provided within five days from the date the industrial user became aware of the upset. The written submission shall include the following information:

[a]

A description of the indirect discharge and cause of noncompliance.

[b]

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

[c]

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. An industrial user shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with federal categorical pretreatment standards.

The industrial user shall control production of all discharges to the extent necessary to maintain compliance with federal categorical pretreatment standards upon reduction, loss or failure of its pretreatment 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 fails, is reduced or lost.

Treatment bypasses:

For the purposes of this section, "bypass" means the intentional diversion of waste streams from any portion of an industrial user's pretreatment facility. "Severe property damage" means substantial physical damage to property, damage to the pretreatment facilities which causes them to be inoperable, or substantial or permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.

An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the pretreatment facilities. These types of bypasses are not subject to the following provisions:

Industrial user anticipating a bypass must submit notice to the VJSA at least 10 days in advance, if possible.

Industrial users shall provide oral notice to the VJSA within 24 hours of discovery of an unanticipated bypass that exceeds applicable pretreatment standards.

Industrial users shall submit a written report to the VJSA within five days of becoming aware of the bypass. The written report 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 being taken or planned to reduce, eliminate and prevent recurrence of the bypass. The VJSA may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

A bypass of the pretreatment facilities without VJSA approval is prohibited and the VJSA may take an enforcement action against the industrial user for a bypass unless all of the following conditions are met:

The bypass is unavoidable to prevent loss of life, personal injury or severe property damage

There is no feasible alternative to the bypass, including the use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.

The industrial user properly notifies the VJSA as described in this section.

The VJSA may approve an anticipated bypass, after considering its adverse effects, if the VJSA determines that the industrial user will meet the conditions set forth in this section.

§ 418-62 Pretreatment fees.

Charges and fees for reimbursement of costs for setting up and operating the VJSA Industrial Pretreatment Program are attached hereto as Schedule C,[1] the same being incorporated herein and which may be amended by this chapter from time to time and, which may include, but are not limited to, the following:

Fees for wastewater discharge permit applications including the cost of processing such applications.

Fees for monitoring, inspections and surveillance procedures, including the cost for the collection and analysis of an industrial user's discharge, and the review of monitoring reports.

Fees for reviewing and responding to accidental discharges and construction.

Fees for filing appeals.

Other fees the VJSA 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 chargeable by the VJSA and may be imposed regardless of wastewater discharge permit violations. Such fees may be billed on a monthly basis and may include, but are not limited to, the following:

Chemical use fee: Reimbursement to the VJSA for the use of treatment chemicals at the POTW treatment plant that are not typically needed as a result of a specific industrial wastewater discharge to the sewer system causing interference or harm to the POTW treatment plant processes, which may result in effluent violations of the VJSA NPDES permit. The treatment chemical use fees are extraordinary costs beyond the typical operation and maintenance costs levied on all industrial users of the POTW treatment plant.

Unusual incident fee: Any industrial user introducing a substance detrimental to the sewer system, pumping facilities or POTW treatment plant, which result in abnormal costs for the Borough and/or the VJSA, shall be charged, and shall pay the actual total costs incurred as determined by the Borough and/or VJSA. This fee is in addition to any other penalties and fees imposed under this chapter.

Engineering fees: Reimbursement to the VJSA for VJSA engineering fees relative to the VJSA engineer's involvement in the implementation and enforcement of the VJSA Industrial Pretreatment Program.