[Adopted 9-2-2008 by Ord. No. 493 (Ch.
143, Art. VI, of the 1990 Code)]
A.
This article
shall be known and may be cited as the "Upper Providence Township
Wastewater Collection and Treatment Ordinance."
B.
This article
is adopted pursuant to the authority set forth in the Second Class
Township Code,[1] the Pennsylvania Clean Streams Law (35 P.S. § 691.1
et seq.), and the Pennsylvania Sewage Facilities Act (Act of January
24, 1966), P.L. 1535, as amended, 35 P.S. § 750.1 et seq.,
also known as "Act 537." This article is also adopted pursuant to
the official Sewage Facilities Plan adopted for Upper Providence Township
pursuant to Act 537.
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
C.
This article
sets forth uniform requirements for users of the wastewater collection
and treatment system of the Lower Perkiomen Valley Regional Sewer
Authority, as control authority, and enables the Lower Perkiomen Valley
Regional Sewer Authority to comply with all applicable state and federal
laws required by the Clean Water Act [33 United States Code (U.S.C.)
§ 1251 et seq.) and the General Pretreatment Regulations
[Title 40 of the Code of Federal Regulations (CFR) Part 403].
D.
The objectives
of this article are:
(1)
To prevent
the introduction of pollutants into the POTW and wastewater system
which will interfere with the operation of the system or contaminate
the resulting sludge;
(2)
To prevent
the introduction of pollutants into the POTW and wastewater system
which will pass- through the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be incompatible with the system;
(3)
To protect
both publicly owned treatment works personnel who may be affected
by wastewater and sludge in the course of their employment and the
general public;
(4)
To promote
reuse and recycling of industrial wastewaters and sludges from the
system;
(5)
To provide
for fees for the equitable distribution of the cost of operation,
maintenance and improvement of the POTW and wastewater system; and
(6)
To enable
the Lower Perkiomen Valley Regional Sewer Authority, as control authority,
to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other
federal or state laws to which the publicly owned treatment works
is subject.
A.
This article
provides for the regulation of direct and indirect contributors to
the POTW and wastewater system through the issuance of permits to
certain nondomestic users and, through enforcement of general requirements
for users, authorizes monitoring, compliance, and enforcement activities,
requires user reporting; assumes that existing customer's capacity
will not be preempted and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
B.
This article
shall apply to all users of the POTW. Except as otherwise provided
herein, the Lower Perkiomen Valley Regional Sewer Authority shall
administer, implement, and enforce the provisions of this article
as the control authority.
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA.
If the user is a corporation:
The president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation; or
The manager of one or more manufacturing, production,
or 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 of making major capital
investment recommendations, 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 taken to gather complete and accurate information for wastewater
discharge permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
If the user is a partnership or sole proprietorship,
a general partner or proprietor, respectively.
If the user is a federal, state, or local governmental
facility, a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility or their designee.
The individuals described in Subsections A through C above may designate another duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to Lower Perkiomen Valley Regional Sewer Authority.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 237-55 and 237-56 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20 C. expressed in terms of concentration [milligrams per liter
(mg/l)].
A sewer conveying wastewater from the premises of a user
to the public sanitary sewer system of the POTW.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
National Categorical Pretreatment Standards, being 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)
which apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405 through 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The term "control authority" shall refer to Lower Perkiomen
Valley Regional Sewer Authority.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
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, including the Regional
Water Management Division Director.
Any source of discharge that is not a new source.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollution from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C.
§ 1317) into the POTW (including holding tank waste discharge
into the system).
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act.[1] In addition, industrial user shall also be defined as
an establishment which discharges or introduces industrial wastes
into the POTW.
The meaning ascribed to it in the Act of June 22, 1937, (P.L.
1987, No. 394) known as "the Clean Stream Law" and the regulations
adopted thereunder.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment process or operations or its sludge processes,
use or disposal; and, therefore, is the cause of a violation of the
Lower Perkiomen Valley Regional Sewer Authority's NPDES permit or
of the prevention of sewage sludge use or disposal in compliance with
any of the following statutory/regulatory provisions or permits issued
thereunder, or any more stringent state or local regulations: Section
405 of the Act; the Solid Waste Disposal Act, including Title II commonly
referred to as the "Resource Conservation and Recovery Act" (RCRA);
any state regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the
Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
Specific discharge limits developed and enforced by the control
authority upon industrial or commercial facilities to implement the
general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges 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.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users, as set forth in 40 CFR, Chapter I, Subchapter N, Parts 405
through 471.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
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 the proposed pretreatment
standards pursuant to the Section 307(c) of the Act, which will be
applicable to such source if the standards are thereafter promulgated
in accordance with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The building, structure, facility, or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility, or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant and
the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered.
Construction on a site at which an existing
source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility,
or installation meeting the criteria of Subsection A(2) or (3) or
above, but otherwise alters, replaces, or adds to existing process
or production equipment.
Construction of a new source, as defined in
this section, has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly, or installation of
facilities or equipment; or
Significant site preparation work, including
clearing, excavation, or removal of existing buildings, structures,
or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
losses, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into the waters of the U.S.
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of the POTW's National Pollutant Discharge Elimination System (NPDES)
permit, including an increase in the magnitude or duration of a violation.
The term "permittee" shall refer to the Lower Perkiomen Valley
Regional Sewer Authority as control authority.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
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 grams per liter of solution. A measure
of the acidity or alkalinity of a solution, expressed in standard
units.
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., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, by process changes, or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on a user. Any substantive
or procedural provision of the Federal Water Pollution Control Act
(62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June
22, 1937, (P.L. 1987, No. 394), known as the "Clean Streams Law,"
or any rule or regulation, ordinance or term or condition of a permit
or order adopted or issued by the commonwealth or a POTW for the implementation
or enforcement of an industrial waste pretreatment program established
under the Federal Water Pollution Control Act or the Clean Streams
Law.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned and operated by the Lower
Perkiomen Valley Regional Sewer Authority. This definition includes
any sewers that convey wastewater to the POTW treatment plant, but
does not include pipes, sewers or other conveyances not connected
to a facility providing treatment. For the purposes of this article,
POTW shall also include any sewers that convey wastewaters to the
POTW from persons who are users of the POTW. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant. As used herein, POTW refers to the wastewater treatment plant
owned by Lower Perkiomen Valley Regional Sewer Authority.
Any sewage from holding tanks, such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Is mandatory; may is permissive.
An industrial user subject to categorical pretreatment
standards; or
An industrial user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater);
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
Is designated as such by the Lower Perkiomen
Valley Regional Sewer Authority on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
The control authority may determine that an
industrial user subject to categorical pretreatment standards is a
nonsignificant categorical industrial user rather than a significant
industrial user 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 control authority's
finding, has consistently complied with all applicable categorical
pretreatment standards and requirements;
The industrial user annually submits the certification statement required in § 237-97B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated
concentrated wastewater.
Upon a finding that a user meeting the criteria
in Subsection A(2) has no reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement, the Lower Perkiomen Valley Regional Sewer Authority may
at any time, on its own initiative or in response to a petition received
from a user, and in accordance with procedures in 40 CFR 403.8(f)(6),
determine that such user should not be considered a significant industrial
user.
An industrial user is in significant noncompliance if its
violation meets one or more of the specific criteria set forth in
40 CFR 403.8(f)(2)(vii). For purposes of this definition, an industrial
user is in significant noncompliance 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 for the same parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §§ 237-55 through 237-63;
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined in §§ 237-55 through 237-63, multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement, as defined in §§ 237-55 through 237-63 (daily maximum, long-term average, instantaneous limit or narrative standard), that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment
or has resulted in the POTW's exercise of its emergency authority
under of this article to halt or prevent such a discharge;
Failure to meet, within 30 days after the schedule
date, a compliance schedule milestone contained in this article or
in an enforcement order;
Failure to provide, within 30 days after the
due date, any required reports such as baseline monitoring reports,
ninety-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules;
Failure to accurately report noncompliance;
Any other violation(s), which may include a
violation of best management practices, which the control authority
determines will adversely effect the operation or implementation of
the pretreatment program.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §§ 237-55 through § 237-63 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snowmelt.
The person designated by the control authority to supervise
the operation of the publicly owned treatment works.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Clean Water Act Section 307(a)
or other acts.
Any person who contributes, causes or permits the indirect
discharge of wastewater into the POTW.
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations 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.
[1]
Editor's Note: See 33 U.S.C. § 1342.
The following abbreviations or acronyms shall
have the designated meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
AO
|
Administrative order
|
|
BAT
|
Best available treatment
|
|
BATEA
|
Best available technology economically achievable
|
|
BCT
|
Best control technology
|
|
BMP
|
Best management practices
|
|
BMR
|
Baseline monitoring report
|
|
B/N
|
Base neutral
|
|
BOD
|
Biochemical oxygen demand
|
|
BPJ
|
Best professional judgment
|
|
BPT
|
Best professional technology
|
|
CERCLA
|
Comprehensive Environmental Response, Compensation,
and Liability Act
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical industrial user
|
|
COD
|
Chemical oxygen demand
|
|
CSO
|
Combined sewer overflow
|
|
CWA
|
Clean Water Act
|
|
CWF
|
Combined waste stream formula
|
|
DMR
|
Discharge monitoring report
|
|
DSS
|
Domestic sewage study
|
|
EMS
|
Enforcement management system
|
|
EP
|
Extraction procedure
|
|
EPA
|
Environmental Protection Agency of the United
States
|
|
FDF
|
Fundamentally different factor
|
|
FOV
|
Finding of violation
|
|
FOG
|
Fats, oil, and grease
|
|
FR
|
Federal Register
|
|
FWA
|
Flow-weighted averaging
|
|
FWPCA
|
Federal Water Pollution Control Act
|
|
GC/MS
|
Gas chromatograph/mass spectrophotometry
|
|
gpd
|
Gallons per day
|
|
I + I
|
Infiltration and inflow
|
|
IU
|
Industrial user
|
|
IWS
|
Industrial waste survey
|
|
MAHL
|
Maximum allowable headworks loading
|
|
MGD
|
Million gallons per day
|
|
mg/l
|
Milligrams per liter
|
|
MOU
|
Memorandum of understanding
|
|
MSDS
|
Material safety data sheet
|
|
NIOSH
|
National Institute of Occupational Safety and
Health
|
|
NMP
|
National Municipal Policy
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NON
|
Notice of noncompliance
|
|
NOV
|
Notice of violation
|
|
OCPSF
|
Organic chemicals, plastics, and synthetic fibers
|
|
O&G
|
Oil and grease
|
|
O&M
|
Operations and maintenance
|
|
OSHA
|
Occupational Safety and Health Administration
|
|
OWEC
|
Office of Water Enforcement and Compliance
|
|
PAD
|
Proportioned actual domestic flow
|
|
PAH
|
Polynuclear aromatic hydrocarbons
|
|
PAI
|
Proportioned actual industrial flow
|
|
PASS
|
Pretreatment audit summary system
|
|
PCB
|
Polychlorinated biphenols
|
|
PCI
|
Pretreatment compliance inspection
|
|
PCME
|
Pretreatment compliance monitoring and enforcement
|
|
PCS
|
Permit compliance system
|
|
PIRT
|
Pretreatment Implementation Review Task Force
|
|
POTW
|
Publicly owned treatment works
|
|
ppd
|
Pounds per day
|
|
ppm
|
Parts per million
|
|
ppb
|
Parts per billion
|
|
PPETS
|
Pretreatment permits enforcement tracking system
|
|
PQR
|
Permit quality review
|
|
PSNS
|
Pretreatment standards for new sources
|
|
PSES
|
Pretreatment standards for existing sources
|
|
QA/QC
|
Quality assurance/quality control
|
|
QNCR
|
Quarterly noncompliance report
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
RNC
|
Reportable noncompliance
|
|
SARA
|
Superfund Amendments and Reauthorization Act
|
|
SIC
|
Standard industrial classification
|
|
SIU
|
Significant industrial user
|
|
SMP
|
Solvent management plan
|
|
SNC
|
Significant noncompliance
|
|
SPCC
|
Spill prevention control and countermeasures
|
|
SPMS
|
Strategic planning and management system
|
|
STP
|
Sewage treatment plant
|
|
STLC
|
Soluble threshold limit concentration
|
|
SUO
|
Sewer Use Ordinance
|
|
SWDA
|
Solid Waste Disposal Act
|
|
TCLP
|
Toxicity characteristic leachate procedure
|
|
TDS
|
Total dissolved solids
|
|
TICH
|
Total identifiable chlorinated hydrocarbons
|
|
TOMP
|
Toxic organic management plan
|
|
TRC
|
Technical review criteria
|
|
TRE
|
Toxicity reduction evaluations
|
|
TSS
|
Total suspended solids
|
|
TTO
|
Total toxic organics
|
|
TTLC
|
Total threshold limit concentration
|
|
USC
|
United States Code
|
|
VOA
|
Volatile organic analysis
|
|
VOC
|
Volatile organic compounds
|
|
VSS
|
Volatile suspended solids
|
|
WENDB
|
Water Enforcement National Data Base
|
|
WQA
|
Water Quality Act
|
|
WQS
|
Water quality standards
|
|
WWTP
|
Wastewater treatment plant
|
No user shall contribute, introduce or cause
to be contributed or introduced, directly or indirectly, into the
POTW any pollutant or wastewater which causes pass-through or interference.
These general prohibitions apply to all users of the POTW whether
or not the user is subject to categorical pretreatment standards or
any other national, state, or local pretreatment standards or requirements.
A.
No user shall
introduce or cause to be introduced into the POTW the following pollutants,
substances or wastewater:
(1)
Pollutants
which create a fire or explosive hazard in the POTW, including, but
not limited to, waste streams with a closed-cup flashpoint of less
than 140° F. (60° C.) using the text methods specified in
40 CFR 261.21;
(2)
Wastewater
having a pH less than 5.0 or more than 10.0 or otherwise causing corrosive
structural damage to the POTW or equipment;
(3)
Solid or
viscous substances in amounts which will cause obstruction of the
flow in the POTW resulting in interference (but in no case solids
greater than 1/2 inch in any dimension). The following substances
are also prohibited: ashes, cinders, sand, mud, straw, metal, glass,
bones, rags, feather, tar, plastic, wood, paunch manure, whole blood
or blood products, lye, building materials, rubber, hair, shavings,
leather, china, ceramic wastes, asphalt, paint, waxes, butcher offal,
porcelain, and bentonite;
(4)
Pollutants,
including oxygen-demanding pollutants (BOD, etc.), released in a discharge
at a flow rate and/or pollutant concentration which, either singly
or by interaction with other pollutants, will cause interference with
the POTW;
(5)
Wastewater
having a temperature greater than 104° F. (40° C.), or which
will inhibit biological activity in the treatment plant resulting
in interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104° F.
(40° C.);
(6)
Petroleum
oil, nonbiodegradable cutting oil, or products of mineral oil origin
in amounts that will cause interference or pass-through;
(7)
Pollutants
which result in the presence of toxic gases, vapors, or fumes within
the POTW in a quantity that may cause acute worker health and safety
problems;
(8)
Trucked or
hauled pollutants or wastewater;
(9)
Noxious or
malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or a hazard to life, or to prevent entry into the
sewers for maintenance or repair;
(10)
Wastewater
which imparts color which cannot be removed by the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions,
which consequently imparts color to the treatment plant's effluent,
thereby violating the Lower Perkiomen Valley Regional Sewer Authority's
NPDES permit;
(11)
Wastewater
containing any radioactive wastes or isotopes;
(12)
Stormwater,
surface water, groundwater, artesian well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, de-ionized water, noncontact
cooling water, and unpolluted wastewater;
(13)
Sludges,
screenings, or other residues from the pretreatment of industrial
wastes;
(14)
Medical
wastes;
(15)
Wastewater
causing, alone or in conjunction with other sources, the treatment
plant's effluent to fail toxicity test;
(16)
Detergents,
surface-active agents, or other substances which may cause excessive
foaming in the POTW;
(17)
Wastewater
causing an explosive hazard at the point of discharge or at any point
in the sewer interceptor system or the POTW;
(18)
Any substance
or condition which will cause the POTW to violate its NPDES and/or
State Disposal System Permit, the receiving water quality standards,
or any statute, rule, or regulation of any public agency;
(19)
In no case
shall a slug load have a flow rate or contain concentration or qualities
of pollutants that exceed any time period longer than 15 minutes or
contain more than five times the average twenty-four-hour concentration
of flow during normal operation, or otherwise constitutes a slug discharge;
(20)
The discharge
of toxic or hazardous wastes, as defined in the Act or RCRA;
(21)
Total solids
of such character or quantity as to require unusual attention or expense
in treatment;
(22)
Discharges
prohibited by state or federal regulations;
(23)
Fats, oils,
or greases of an animal or vegetable origin in concentrations greater
than 100 mg/l.
B.
When the control
authority determines that a user is contributing to the POTW any of
the above-enumerated substances in such amounts as to interfere with
the operation of the POTW, the control authority shall:
C.
Pollutants, substances
or wastewater prohibited by this section shall not be processed or
stored in a manner that they could be discharged to the POTW.
A.
The categorical
pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts
405 through 471 are hereby incorporated in this article by reference
as though set forth in full.
B.
Where a categorical
pretreatment standard is expressed only in terms of either the mass
or the concentration of a pollutant in wastewater, the control authority
may impose equivalent concentration or mass limits in accordance with
40 CFR 403.6(c).
C.
When wastewater
subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the control authority shall impose
an alternate limit using the combined waste stream formula in 40 CFR
403.6(e).
D.
A user may obtain
a variance from a categorical pretreatment standard if the user can
prove, pursuant to the procedural and substantive provisions in 40
CFR 403.13, that factors relating to its discharge are fundamentally
different from the factors considered by EPA when developing the categorical
pretreatment standard.
E.
A user may obtain
a net gross adjustment to a categorical standard in accordance with
40 CFR 403.15.
Where the Lower Perkiomen Valley Regional Sewer
Authority's wastewater treatment system achieves consistent removal
of pollutants limited by national pretreatment standards, the Lower
Perkiomen Valley Regional Sewer Authority, as control authority, may
apply to the approval authority for modification of specific limits
in the National Pretreatment Standards. "Consistent removal" shall
mean reduction in the amount of a pollutant or alteration of the nature
of the pollutant by the wastewater treatment system to a less toxic
or harmless state in the effluent which is achieved by the system
in 95% of the samples taken when measured according to the procedures
set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal
Regulations, Part 403 "General Pretreatment Regulations for Existing
and New Sources of Pollution" promulgated pursuant to the Act. The
Lower Perkiomen Valley Regional Sewer Authority, as control authority,
may then modify pollutant discharge limits in the National Pretreatment
Standards if the requirements contained in 40 CFR 403.7 are fulfilled
and prior approval from the approval authority is obtained.
State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this article.
The Lower Perkiomen Valley Regional Sewer Authority, as control authority, reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 237-51 of this article.
No user shall ever increase the use of process
water or, in any way, attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation, unless expressly authorized by an applicable
pretreatment standard or requirement. The control authority may impose
mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
A.
Each user shall
provide protection from accidental discharge of prohibited materials
or other substances regulated by this article. Facilities to prevent
accidental discharge of prohibited materials shall be provided and
maintained at the owner's or user's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to the control authority for review
and shall be approved by the control authority before construction
of the facility. All existing users shall complete such a plan by
January 1, 1994. No user shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved
by the control authority. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility
to modify the user's facility as necessary to meet the requirements
of this article. In the case of an accidental discharge, it is the
responsibility of the user to immediately notify the control authority
of the incident. The notification shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
B.
Written notice.
Within five days followings an accidental discharge the user shall
submit to the control authority a detailed written report describing
the cause of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, fish kills,
or any other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by this article or other applicable law.
C.
Notice to employees.
A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the event
of an accidental discharge. Employers shall insure that all employees
who may cause or suffer such an accidental discharge to occur are
advised of the emergency notification procedures.
A.
The Lower Perkiomen
Valley Regional Sewer Authority, as control authority, is authorized
to establish local limits pursuant to 40 CFR 403.5(c).
B.
The following
pollutant limits are established to protect against pass-through,
interference, and sludge contamination. No person shall discharge
wastewater containing in excess of the following limits:
|
Parameter
|
Daily Maximum
(mg/l)
|
|---|---|
|
Arsenic
|
0.425
|
|
Cadmium
|
0.05
|
|
Chromium
|
3.5
|
|
Copper
|
1.0
|
|
Cyanide
|
1.0
|
|
Lead
|
1.0
|
|
Mercury
|
0.002
|
|
Nickel
|
1.1
|
|
Oil and grease and fats of animal or vegetable
origin
|
100
|
|
Oil and grease of petroleum origin, nonbiodegradable
cutting oil, mineral oil
|
25
|
|
Silver
|
0.35
|
|
Zinc
|
3.0
|
C.
The above limits
apply at the point where the wastewater is discharged to the sewer.
All concentrations from metallic substances are for total metal unless
otherwise indicated. The above local limits are based on maximum allowable
headworks loadings (MAHL) as approved by EPA. The Lower Perkiomen
Valley Regional Sewer Authority, as control authority, through the
issuance of an industrial waste discharge permit, may establish other
effluent limits consistent with the approved MAHL. No such permits,
however, shall waive or abrogate federal or state categorical pretreatment
standards or regulations. Categorical concentrations apply at the
end of the process waste stream. No person shall discharge wastewater
containing in excess of allowable discharge limits as established
by the Lower Perkiomen Valley Regional Sewer Authority as control
authority. The Lower Perkiomen Valley Regional Sewer Authority, as
control authority, may impose mass limitations in addition to or in
place of the concentration-based limitations.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in §§ 237-55 through 237-63 of this article within the time limitations specified by EPA, the state, or the control authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the control authority for review and shall be acceptable to the control authority before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the control authority under the provisions of this article.
A.
Whenever deemed
necessary, the control authority may require users to restrict their
discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage waste streams from industrial
waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of this article.
B.
The control authority
may require any person discharging into the POTW to install and maintain,
on his/her property and at his/her expense, a suitable storage and
flow control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
C.
Grease, oil,
and sand interceptors shall be provided by the user when, in the opinion
of the control authority, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of type and capacity approved
by the control authority and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the user at its expense.
D.
Users with the
potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
The control authority shall evaluate whether
each significant industrial user needs an accidental discharge/slug
control plan or other action to control slug discharges. The control
authority may require any user to develop, submit for approval, and
implement such a plan. Alternatively, the control authority may develop
such a plan for any user. An accidental discharge/slug discharge control
plan shall address, at a minimum, the following:
A.
Description of
discharge practices, including nonroutine batch discharges;
B.
Description of
stored chemicals;
C.
Procedures for
immediately notifying the control authority of any accidental or slug
discharge, as required by this article; and
D.
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.
The Lower Perkiomen Valley Regional Sewer Authority
does not accept septic tank waste or industrial waste from haulers
or RCRA hazardous wastes.
It shall be unlawful to discharge to the POTW
or in any area under the jurisdiction of the control authority and/or
to the POTW any wastewater, except as authorized by the control authority
in accordance with the provisions of this article, subject to state
and federal laws and regulations.
When requested by the control authority, a user
must submit information on the nature and characteristics of its wastewater
within 30 days of the request. The control authority is authorized
to prepare a form for this purpose and may periodically require users
to update this information.
A.
No significant
industrial user shall discharge wastewater into the POTW without first
obtaining a wastewater discharge permit from the control authority.
A permitted user may discharge for the time period specified in the
permit.
B.
The control authority
may require other users to obtain wastewater discharge permits as
necessary to carry out the purposes of this article.
C.
Any violation
of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this article and subjects the wastewater
discharge permittee to the sanctions set out in this article. Obtaining
a wastewater discharge permit does not relieve a permittee of its
obligation to comply with all federal and state pretreatment standards
or requirements or with any other requirements of federal, state,
and local law.
Any user required to obtain a wastewater discharge
permit who was discharging wastewater into the POTW prior to the effective
date of this article, and who wishes to continue such discharges in
the future, shall within 30 days after said date, apply to the control
authority for a wastewater discharge permit in accordance with this
article. Said user shall not cause or allow discharges to the POTW
to continue after 30 days of the effective date of this article, except
in accordance with a wastewater discharge permit issued by the control
authority.
Any user required to obtain a wastewater discharge
permit who proposes to begin or recommence discharging into the POTW
must obtain such permit from the control authority prior to the beginning
or recommencing of such discharge. An application for this wastewater
discharge permit, in accordance with this article, must be filed at
least 90 days prior to the date upon which any discharge will begin
or recommence.
Users required to obtain a wastewater discharge
permit shall complete and file with the control authority an application
in the form prescribed in this article. The control authority may
require users to submit all or some of the following information as
part of a permit:
B.
Environmental
permits. A list of any environmental control permits held by or for
the facility.
C.
Description of
operations.
(1)
A brief description
of the nature, average rate of production (including each product
produced by type, amount, processes, and rate of production), and
standard industrial classifications of the operation(s) carried out
by such user. This description should include a schematic process
diagram which indicates points of discharge to the POTW from the regulated
processes.
(2)
Types of
wastes generated, and a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
(3)
Number and
type of employees, hours of operation, and proposed or actual hours
of operation;
(4)
Type and
amount of raw materials processed (average and maximum per day);
(5)
Site plans,
floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation,
and all points of discharge;
D.
Time and duration
of discharges;
E.
The location
for monitoring all wastes covered by the permit;
F.
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 237-56 [40 CFR 403.6(e)].
G.
Measurement of
pollutants.
(1)
The categorical
pretreatment standards applicable to each regulated process and any
new categorically regulated processes for existing sources.
(2)
The results
of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the control authority,
of regulated pollutants in the discharge from each regulated process.
(3)
Instantaneous,
daily maximum, and long-term average concentrations, or mass, where
required, shall be reported.
(4)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 237-92 of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
H.
Any other information
as may be deemed necessary by the control authority to evaluate the
wastewater discharge permit application.
I.
Incomplete or
inaccurate applications will not be processed and will be returned
to the user for revision.
A.
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 237-97A.
B.
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 control authority prior to
or together with any reports to be signed by an authorized representative.
The control authority will evaluate the data
furnished by the user and may require additional information. Within
60 days of receipt of a complete wastewater discharge permit application,
the control authority will determine whether or not to issue a wastewater
discharge permit. The control authority may deny any application for
a wastewater discharge permit.
A wastewater discharge permit shall be issued
for a specified time period, not to exceed five years from the effective
date of the permit. A wastewater discharge permit may be issued for
a period less than five years at the discretion of the control authority.
Each wastewater discharge permit will indicate a specific date upon
which it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the control
authority to prevent pass-through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
A.
Wastewater discharge
permits must contain:
(1)
A statement
that indicates the wastewater discharge permit issuance date, expiration
date and effective date;
(3)
Effluent
limits, including best management practices, based on applicable pretreatment
standards;
(4)
Self monitoring,
sampling, reporting, notification, and recordkeeping requirements.
These requirements shall include an identification of pollutants to
be monitored, sampling location, sampling frequency, and sample type
based on federal, state, and local law;
(5)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 237-87B.
(6)
A statement
of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule.
Such schedule may not extend the time for compliance beyond that required
by applicable federal, state or local law;
(7)
Requirements
to control slug discharge, if determined by the control authority
to be necessary; and
B.
Wastewater discharge
permits may contain, but need not be limited to, the following conditions:
(1)
Limits on
the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2)
Requirements
for the installation of pretreatment technology, pollution control,
or construction of appropriate containment devices designed to reduce,
eliminate, or prevent the introduction of pollutants into the treatment
works;
(3)
Requirements
for the development and implementation of spill control plans or other
special conditions, including management practices, necessary to adequately
prevent accidental, unanticipated, or nonroutine discharges;
(4)
Development
and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW;
(5)
The unit
charge or schedule of user charges and fees for the management of
the wastewater discharged to the POTW;
(6)
Requirements
for installation and maintenance of inspection and sampling facilities
and equipment;
(7)
A statement
that compliance with the wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable
federal and state pretreatment standards, including those which become
effective during the term of the wastewater discharge permit; and
(8)
Other conditions
as deemed appropriate by the control authority to ensure compliance
with this article, and state and federal laws, rules, and regulations.
The control authority shall provide public notice
of the issuance of a wastewater discharge permit. Any person, including
the user, may petition the control authority to reconsider the terms
of a wastewater discharge permit within 30 days of notice of its issuance.
A.
Failure to submit
a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
B.
In its petition,
the appealing party must indicate the wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge permit.
C.
The effectiveness
of the wastewater discharge permit shall not be stayed pending the
appeal.
D.
If the control
authority fails to act within 30 days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit, or not
to modify a wastewater discharge permit shall be considered final
administrative actions for purposes of judicial review.
E.
Aggrieved parties
seeking judicial review of the final administrative wastewater discharge
permit decision must do so by filing a complaint with the Court of
Common Pleas of Montgomery County within 30 days of the final administrative
wastewater discharge permit decision.
The control authority may modify a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
A.
To incorporate
any new or revised federal, state, or local pretreatment standards
or requirements;
B.
To address significant
alterations or additions to the user's operation, processes, or wastewater
volume or character since the time of wastewater discharge permit
issuance;
C.
A change in the
POTW that requires either a temporary or permanent reduction or elimination
of the authorized discharge;
D.
Information indicating
that the permitted discharge poses a threat to the POTW, Lower Perkiomen
Valley Regional Sewer Authority personnel, or the receiving waters;
E.
Violation of
any terms or conditions of the wastewater discharge permit;
F.
Misrepresentations
or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
G.
Revision of or
a grant of variance from categorical pretreatment standards pursuant
to 40 CFR 403.13;
H.
To correct typographical
or other errors in the wastewater discharge permit; or
I.
To reflect a
transfer of the facility ownership or operation to a new owner or
operator.
A.
Wastewater discharge
permits are issued to a specific user for a specific operation. A
wastewater discharge permit shall not be reassigned or transferred
or sold to a new owner, new user, different premises, or a new or
changed operation without approval of the control authority. Any succeeding
owner or user shall also comply with the terms and conditions of the
existing permit, as well as any additional terms and conditions which
may be required as a result of the proposed transfer.
B.
Wastewater discharge
permits may be transferred to a new owner or operator only if the
permittee gives at least 90 days' advance notice to the control authority
and it approves the wastewater discharge permit transfer. The notice
to the control authority must include a written certification by the
new owner or operator which:
D.
Failure to provide
advance notice of a transfer renders the wastewater discharge permit
void as of the date of facility transfer.
A.
The control authority
may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons;
(1)
Failure to
notify the control authority of significant changes to the wastewater
prior to the changed discharge;
(2)
Failure to provide prior notification to the control authority of changed conditions pursuant to § 237-88 of this article;
(3)
Misrepresentation
or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
(4)
Falsifying
self-monitoring reports;
(5)
Tampering
with monitoring equipment;
(6)
Refusing
to allow the control authority or its designated representative timely
access to the facility premises and records;
(7)
Failure to
meet effluent limitations;
(8)
Failure to
pay fines;
(9)
Failure to
pay sewer charges;
(10)
Failure
to meet compliance schedules;
(11)
Failure
to complete a wastewater survey or the wastewater discharge permit
application;
(12)
Failure
to provide advance notice of the transfer of business ownership of
a permitted facility; or
(13)
Violation
of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this article.
B.
Wastewater discharge
permits shall be voidable upon cessation of operations or transfer
of business ownership. All wastewater discharge permits issued to
a particular user are void upon the issuance of a new wastewater discharge
permit to that user.
A.
User with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application to the control authority, in accordance with § 237-73 of this article, a minimum of 90 days prior to the expiration of user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application form no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow monitoring devices used during the term of the prior permit.
A.
If a municipality
or user located within another municipality contributes wastewater
to the POTW, the Lower Perkiomen Valley Regional Sewer Authority,
as control authority, shall enter into an intermunicipal agreement
with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, the control authority shall request the following information from the contributing municipality:
C.
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1)
A requirement
specifying that such ordinance and local limits must be revised as
necessary to reflect changes made to the Lower Perkiomen Valley Regional
Sewer Authority's resolution or local limits;
(2)
A requirement
for the contributing municipality to submit a revised user inventory
on at least an annual basis;
(3)
A provision
specifying which pretreatment implementation activities, including
wastewater discharge permit issuance, inspection and sampling, and
enforcement, will be conducted by the contributing municipality; which
of these activities will be conducted by the control authority; and
which of these activities will be conducted jointly by the contributing
municipality and the control authority;
(4)
A requirement
for the contributing municipality to provide the control authority
with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
(5)
Limits on
the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
(6)
Requirements
for monitoring the contributing municipality's discharge;
(7)
A provision
ensuring the control authority or its designated representative access
to the facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the control authority; and
(8)
A provision
specifying remedies available for breach of the terms of the intermunicipal
agreement, and authorizing the Lower Perkiomen Valley Regional Sewer
Authority as control authority to take legal action to enforce the
terms of the contributing municipality's ordinance or impose and enforce
pretreatment standards.
A.
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described
above shall submit the information set forth below:
(2)
Measurement
of pollutants.
(a)
The user shall provide the information required in § 237-73G(1) through (4).
(b)
The user
shall take a minimum of one representative sample to compile that
data necessary to comply with the requirements of this subsection.
(c)
Samples
should be taken immediately downstream from pretreatment facilities
if such exist or immediately downstream from the regulated process
if no pretreatment exists. If other wastewaters are mixed with the
regulated wastewater prior to pretreatment, the user should measure
the flows and concentrations necessary to allow use of the combined
waste stream formula in 40 CFR 403.6(e) to evaluate compliance with
the pretreatment standards. Where an alternate concentration or mass
limit has been calculated in accordance with 40 CFR 403.6(e), this
adjusted limit along with supporting data shall be submitted to the
control authority.
(e)
The control
authority may allow the submission of a baseline report which utilizes
only historical data so long as the data provides information sufficient
to determine the need for industrial pretreatment measures.
(f)
The baseline
report 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 POTW.
(3)
Certification. A statement reviewed by the user's authorized representative, as defined in § 237-53, and certified to 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.
(4)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 237-85 of this article.
The following conditions shall apply to the schedule required by § 237-84B(4) of this article.
A.
The schedule
shall contain progress increments (milestones) in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
B.
No increment
referred to above shall exceed six months;
C.
The user shall
submit a progress report to the control authority no later than 14
days following each date in the schedule and the final date for compliance,
including, as a minimum, whether or not it complied with the increment
of progress, the reason for any delay and, if appropriate, the steps
being taken by the user to return the construction to the established
schedule; and
D.
In no event shall
more than one month elapse between such progress reports to the control
authority.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in §§ 237-73F and G and 237-84B(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 237-74 of this article.
A.
All SIUs are required to submit periodic compliance reports even if they have been designated a nonsignificant categorical industrial user under the provisions of § 237-87C.
B.
Except as specified in § 237-87C, all significant industrial users must, at a frequency determined by the control authority, submit no less than twice per year [June and December (or on dates specified)] reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user.
C.
The control authority
may authorize an industrial user subject to a categorical pretreatment
standard to forego sampling of a pollutant regulated by a categorical
pretreatment standard if the industrial user has demonstrated through
sampling and other technical factors that the pollutant is neither
present nor expected to be present in the discharge, or is present
only at background levels from intake water and without any increase
in the pollutant due to activities of the industrial user. [See 40
CFR 403.12(e)(2).] This authorization is subject to the following
conditions:
(1)
The waiver
may be authorized where a pollutant is determined to be present solely
due to sanitary wastewater discharged from the facility, provided
that the sanitary wastewater is not regulated by an applicable categorical
standard and otherwise includes no process wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 237-73G(6).
(3)
In making
a demonstration that a pollutant is not present, the industrial user
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.
(5)
Nondetectable
sample results may be used only as a demonstration that a pollutant
is not present if the EPA approved method from 40 CFR Part 136 with
the lowest minimum detection level for that pollutant was used in
the analysis.
(6)
Any grant
of the monitoring waiver by the control authority must be included
as a condition in the user's permit. The reasons supporting the waiver
and any information submitted by the user in its request for the waiver
must be maintained by the control authority for three years after
expiration of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the control authority, the industrial user must certify on each report, with the statement in § 237-97C below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: comply with the monitoring requirements of § 237-87A, or other more frequent monitoring requirements imposed by the control authority, and notify the control authority.
(9)
This provision
does not supersede certification processes and requirements established
in categorical pretreatment standards, except as otherwise specified
in the categorical pretreatment standard.
D.
Reduced reporting.
(1)
The control authority may reduce the requirement for periodic compliance reports [see § 237-87A; 40 CFR 403.12(e)(1)] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following:
(a)
One thousand
two hundred eleven gallons per day [0.01% of the POTW's design dry-weather
hydraulic capacity (12.11 mgd) of the POTW], or 5,000 gallons per
day, whichever is smaller, as measured by a continuous effluent flow
monitoring device unless the industrial user discharges in batches.
(b)
One and
twenty-five hundredth pounds per day [0.01% of the design dry-weather
organic treatment capacity (12,500 pounds per day) of the POTW]; and
(c)
The loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 237-58 of this article shall be below 0.01% of the maximum allowable headworks loading as set forth below:
|
Parameter
|
0.01% MAHL
(0.001 lbs/day)
|
|---|---|
|
Arsenic
|
0.140
|
|
Cadmium
|
0.040
|
|
Chromium
|
1.800
|
|
Copper
|
1.483
|
|
Cyanide
|
1.453
|
|
Lead
|
0.365
|
|
Mercury
|
0.032
|
|
Nickel
|
1.160
|
|
Silver
|
2.732
|
|
Zinc
|
2.400
|
(2)
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 237-53 of this article. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the control authority, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
E.
All periodic compliance reports must be signed and certified in accordance with § 237-74 of this article.
F.
All wastewater
samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated,
kept clean, and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working
order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
G.
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in § 237-93 of this article, the results of this monitoring shall be included in the report.
Each user must notify the control authority
of any planned significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 90 days before the change.
A.
The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 237-73 of this article.
C.
For purposes
of this requirement, significant changes include, but are not limited
to, flow increases of 20% or greater, and the discharge of any previously
unreported pollutants.
A.
In the case of
any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch
discharge, or a slug discharge or slug load that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the control authority of the incident. This notification shall include
the location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
B.
Within five days
following such discharge, the user shall, unless waived by the control
authority, submit a detailed written report to the control authority
describing the cause(s) of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the POTW,
natural resources, or any other damage to person or property nor shall
such notification relieve the user of any fines, penalties, or other
liability which may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial
users are required to notify the control authority immediately of
any changes at their facility affecting the potential for a slug discharge.
All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the control
authority as the control authority may require.
If sampling performed by a user indicates a
violation, the user must notify the control authority within 24 hours
of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the result of the repeat analysis
to the control authority within 30 days after becoming aware of the
violation. The user is not required to resample if the control authority
monitors at the user's facility at least once a month, or if the control
authority samples between the user's initial sample and when the user
receives the results of this sampling.
All pollutant analyses, including sample techniques,
to be submitted as a part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136 and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the control authority or other parties
approved by EPA.
Samples collected to satisfy reporting requirements
must be based on data obtained through appropriate sampling and analysis
performed during the period covered by the report, based on data that
is representative of conditions occurring during the reporting period.
A.
Except as indicated in Subsections B and C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures, as documented in approved EPA methodologies, may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B.
Samples for oil
and grease, temperature, pH, cyanide, total phenols, sulfides, and
volatile organic compounds must be obtained using grab collection
techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 237-84 and 237-86 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by § 237-87 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date or receipt of the report shall govern.
Users subject to the reporting requirements of this article shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 237-63. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the control authority.
The discharge of hazardous waste into the Lower
Perkiomen Valley Regional Sewer Authority system is strictly prohibited.
A.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 237-74; users submitting baseline monitoring reports under § 237-84B(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under § 237-86; users submitting periodic compliance reports required by § 237-87A through D and users submitting an initial request to forego sampling of a pollutant on the basis of § 237-87C(4). The following certification statement must be signed by an authorized representative as defined in § 237-53: "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."
B.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the control authority, pursuant to §§ 237-53 and 237-74C, must annually submit the following certification statement signed in accordance with the signatory requirements in § 237-53. This certification must accompany an alternative report required by the control authority:
|
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 that during the period from __________,
_____ to __________, _____ [months, days, year]:
| |
|
(a)
|
The facility described as _______________ [facility name] met the definition of a nonsignificant categorical industrial user as described in § 237-53;
|
|
(b)
|
The facility complied with all applicable pretreatment
standards and requirements during this reporting period; and
|
|
(c)
|
The facility never discharged more than 100
gallons of total categorical wastewater on any given day during this
reporting period.
|
|
This compliance certification is based on the
following information.
| |
|
| |
|
| |
|
| |
C.
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 237-87B must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user: "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], 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 § 237-87A."
The control authority or its designated representative
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this article
and any wastewater discharge permit or order issued hereunder. Users
shall allow the control authority or its designated representative
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties. A user shall not obstruct, block or otherwise
interfere with access to the sampling point(s).
A.
Where a user
has security measures in force which require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, the control authority or its designated
representative shall be permitted to enter without delay for the purposes
of performing specific responsibilities.
B.
The control authority
or its designated representative shall have the right to set up on
the user's property or require installation of such devices as are
necessary to conduct sampling and/or metering of the user's operations.
C.
The control authority
or its designated representative may require the user to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated semiannually to ensure their
accuracy.
D.
Any temporary
or permanent obstruction of safe and easy access to the facility to
be inspected and/or sampled shall be promptly removed by the user
at the written or verbal request of the control authority or its designated
representative and shall not be replaced. The costs of clearing such
access shall be borne by the user.
E.
Unreasonable
delays in allowing the control authority or its designated representative
access to the user's premises shall be a violation of this article.
If the control authority or its designated representative
has been refused access to a building, structure, or property or any
part thereof and is able to demonstrate probable cause to believe
that there may be a violation of this article, or that there is a
need to inspect and/or sample as part of a routine inspection and
sampling program of the control authority designed to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the control authority may seek issuance of a search warrant from the
Court of Common Pleas of Montgomery County, Pennsylvania.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, monitoring
programs, and from the control authority's inspection and sampling
activities shall be available to the public without restriction, unless
the user specifically requests, and is able to demonstrate to the
satisfaction of the control authority, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data,
as defined by 40 CFR 2.302, will not be recognized as confidential
information and will be available to the public without restriction.
The control authority shall publish annually,
in a newspaper of general circulation that provides meaningful public
notice within the jurisdictions served by the POTW, a list of the
users which, at any time during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term significant noncompliance shall be applicable to all significant
industrial users (or any other industrial user that violates Subsection
C, D or H of this section) and shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §§ 237-55 through 237-63;
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by §§ 237-55 through 237-63, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as defined by §§ 237-55 through 237-63 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
D.
Any discharge
of pollutants that has caused imminent endangerment to the public
or to the environment, or has resulted in the control authority's
exercise of its emergency authority to halt or prevent such a discharge;
E.
Failure to meet,
within 30 days of the scheduled date, a compliance schedule milestone
contained in a wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining final
compliance;
F.
Failure to provide
within 30 days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self-monitoring reports,
and reports on compliance with compliance schedules;
G.
Failure to accurately
report noncompliance; or
H.
Any other violation(s),
which may include a violation of best management practices, which
the control authority determines will adversely affect the operation
or implementation of the local pretreatment program.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may serve
upon that user a written notice of violation. Within 30 days of the
receipt of this notice, an explanation of the violation and a plan
for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the user to the control
authority. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of
the notice of violation. Nothing in this section shall limit the authority
of the control authority to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
The control authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 237-105 and 237-106 of this article.
The control authority may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user, as defined in § 237-53 and required by § 237-74A. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may issue
an order to the user responsible for the discharge directing that
the user come into compliance within a specified time. If the user
does not come into compliance within the time provided, sewer service
may be discontinued unless adequate treatment facilities, devices,
or other related appurtenances are installed and properly operated.
Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other
action against the user.
A.
When the control
authority finds that a user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, the control
authority may issue an order to the user directing it to cease and
desist all such violations and directing the user to:
B.
Issuance of
a cease-and-desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
A.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may fine such a user in an amount not to exceed $25,000 per day for each violation regardless of jurisdictional boundaries. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of §§ 237-112 and 237-118 of this article.
B.
A lien against
the user's property will be sought for unpaid charges, fines and penalties.
C.
Users desiring
to dispute such fines must file a written request for the control
authority to reconsider the fine along with full payment of the fine
amount within 30 days of being notified of the fine. Where a request
has merit, the control authority may convene a hearing on the matter.
In the event the user's appeal is successful, the payment, together
with any interest accruing thereon, shall be returned to the user.
The control authority may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
D.
Issuance of
an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the user.
A.
The control
authority may immediately suspend a user's discharge, after informal
notice to the user, whenever such suspension is necessary to stop
an actual or threatened discharge which reasonably appears to present
or cause an imminent or substantial endangerment to the health or
welfare of persons. The control authority may also immediately suspend
a user's discharge, after notice and opportunity to respond, that
threatens to interfere with the operation of the POTW or which represents
or may present an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in § 237-109 of this article are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under §§ 237-104 or 237-109 of this article.
B.
Nothing in this
section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
A.
In addition to the provisions in § 237-81 of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation
of wastewater discharge permit conditions;
(2)
Failure
to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure
to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(4)
Refusal
of reasonable access to the user's premises for the purpose of inspection,
monitoring, or sampling; or
B.
Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under § 237-104 of this article why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
The control authority shall provide to the contributing municipality a true and correct copy of any administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action initiated by the control authority with reference to an industrial user within the municipality, pursuant to §§ 237-102 through 237-119 of this article. The failure to provide a copy to the contributing municipality shall not be a defense to any third party who is a subject of an administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the control authority may petition
the Court of Common Pleas of Montgomery County, Pennsylvania for appropriate
legal and equitable relief, including the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order,
or other requirement imposed by this article on activities of the
user. Relief requested may also include requirements for environmental
remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
A.
A user who has
violated, or continues to violate, any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall be liable to the control
authority for a maximum civil penalty of $25,000 per violation, per
day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation. Each violation for each separate day shall constitute a
separate and distinct offense under this section.
B.
The control
authority may recover reasonable attorneys' fees, court costs, and
other expenses associated with enforcement activities, including sampling
and monitoring expenses, and the cost of any actual damages incurred
by the control authority.
C.
In determining
the amount of civil liability, there shall be taken into account all
relevant circumstances, including, but not limited to, the extent
of harm caused by the violation, the magnitude and duration of the
violation, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user,
and any other factor as justice requires.
D.
Filing a suit
for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a user.
A user who willfully or negligently violates
any provision of this article, a wastewater discharge permit, order
issued hereunder, any other pretreatment standard or requirement,
or who willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage, or any 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 article, a wastewater
discharge permit or order issued under this article or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
of method required under this article, may be subject to criminal
prosecution in accordance with the applicable provisions of the Pennsylvania
Crimes Code, 18 Pa.C.S.A. § 101 et seq.
The remedies provided for in this article are
not exclusive. The control authority may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the control authority's
enforcement response plan. However, the control authority may take
other action against any user when the circumstances warrant. Further,
the control authority is empowered to take more than one enforcement
action against any noncompliant user.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the control authority, in a sum not to exceed a value determined
by the control authority to be necessary to achieve consistent compliance.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless the user submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
A violation of any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the control authority.
Any person(s) creating a public nuisance shall be subject to the provisions
of the Second Class Township Code or Borough Code, as the case may
be, and applicable ordinances governing such nuisances, including
reimbursing the control authority for any costs incurred in removing,
abating, or remedying said nuisance.
A.
Pursuant to
the provisions of Act 9 of 1992, providing for enhanced penalty authority
for publicly owned treatment works which are authorized to enforce
industrial pretreatment standards for industrial waste discharges,
and in addition to proceeding under any other remedy available at
law or equity for violation of pretreatment standards and/or requirements,
the control authority, as the operator of a publicly owned treatment
works, may assess a civil penalty upon an industrial user for violation
of any of the terms and provisions of this article. The penalty may
be assessed whether or not the violation was willful or negligent.
The civil penalty shall not exceed $25,000 per day for each violation,
regardless of jurisdictional boundaries. Each violation for each separate
day shall constitute a separate and distinct offense under this section.
B.
As part of any
notice of assessment of civil penalties issued by the control authority
to an industrial user, there shall also be included a description
of the applicable appeals process to be followed, including the name,
address and telephone number of the person responsible for accepting
such appeal on behalf of the control authority.
C.
For purposes
of this section, a single operational upset which leads to simultaneous
violations of more than one pretreatment standard or requirement shall
be treated as a single violation as required by the Federal Water
Pollution Control Act. The control authority may, however, recover
its costs for reestablishing the operation of the treatment works
in addition to any civil penalty imposed under this section.
D.
The Lower Perkiomen
Valley Regional Sewer Authority, as control authority, shall publicly
adopt a formal, written civil penalty assessment policy and make it
publicly available. Each industrial discharger participating in the
pretreatment program shall be given written notice of the policy.
The penalty assessment policy shall consider:
(1)
Damage to
air, water, land or other natural resources of the Commonwealth of
Pennsylvania and their uses;
(2)
Costs of
restoration and abatement;
(3)
Savings
resulting to the person in consequence of the violation;
(4)
History
of past violations;
(5)
Deterrence
of future violations; and
(6)
Other relevant
factors.
E.
Uses for penalties.
All civil penalties collected pursuant to this section shall be placed
by the control authority in a restricted account and shall only be
used by the control authority and the publicly owned treatment works
for the following uses:
(1)
The repair
of damage and any additional maintenance needed or any additional
costs imposed as a result of the violation for which the penalty was
imposed;
(2)
Pay any
penalties imposed on the Lower Perkiomen Valley Regional Sewer Authority,
as control authority, or the publicly owned treatment works by the
federal or state government for violation of pretreatment standards;
(3)
For the
costs incurred by the Lower Perkiomen Valley Regional Sewer Authority,
as control authority, or publicly owned treatment works to investigate
and take the enforcement action that resulted in a penalty being imposed;
(4)
For the
monitoring of discharges in the pretreatment program and for capital
improvements to the treatment works, including sewage collection lines,
which may be required by the pretreatment program; and
(5)
Any remaining
funds may be used for capital improvements to the treatment works,
including collection lines.
F.
Injunctive relief.
(1)
The control
authority shall have the power to obtain injunctive relief to enforce
compliance with or restrain any violation of any pretreatment requirement
or standard pursuant to and in accordance with the provisions of Act
9 of 1992 and 40 CFR 403.8(f)(l)(vi)(A). Injunctive relief shall be
available upon the showing of one or more of the following:
(a)
A discharge
from an industrial user presents an imminent danger or substantial
harm to the POTW or the public;
(b)
A discharge
from an industrial user presents an imminent or substantial endangerment
to the environment;
(c)
A discharge
from an industrial user causes the POTW to violate any condition of
its discharge permit; or
(d)
The industrial
user has shown a lack of ability or intention to comply with a pretreatment
standard.
(2)
Notwithstanding
the preceding subsection, an injunction affecting an industrial operation
not directly related to the condition or violation in question may
be issued if the court determines that other enforcement procedures
would not be adequate to affect prompt correction of the condition
or violation. In addition to an injunction, the court in any such
proceedings may levy civil penalties in accordance with Act 9 of 1992
and this article.
G.
Appeal. An industrial
user assessed with a civil penalty under the terms of this section
shall have 30 days to pay the proposed penalty in full, or, if the
industrial user wishes to contest either the amount of the penalty
or the fact of the violation, the industrial user must file an appeal
of the action within 30 days pursuant to Title 2 Pa.C.S.A. (relating
to administrative law and procedure). Failure to appeal within this
period shall result in a waiver of all legal rights to contest the
violation or the amount of the penalty.
H.
The penalty
authorized in this section is intended to be concurrent and cumulative,
and the provisions of this section shall not abridge or alter any
right of action or remedy, now or hereafter existing in equity, or
under the common law or statutory law, criminal or civil, available
to a person, the Lower Perkiomen Valley Regional Sewer Authority as
control authority, or the commonwealth.
A.
Any person who
knowingly makes any false statements, representation or certification
in any application, record, report, plan or other document filed or
required to be maintained pursuant to this article or wastewater discharge
permit, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this article, shall
be prosecuted in accordance with the provisions of the Pennsylvania
Crimes Code pertaining to perjury and falsification in official matters
pursuant to 18 Pa.C.S.A. § 4901 et seq.
A.
For the purposes
of this section, "upset" means an exceptional incident in which there
is unintentional and temporary noncompliance with categorical pretreatment
standards because of factors beyond the reasonable control of the
user. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless
or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection C below, are met.
C.
A user who wishes
to establish the affirmative defense of upset shall demonstrate through
properly signed, contemporaneous operating logs or other relevant
evidence that:
(1)
An upset
occurred and the user can identify the cause(s) of the upset;
(2)
The facility
was at the time being operated in a prudent and workman-like manner
and in compliance with applicable operation and maintenance procedures;
and
(3)
The user
has submitted the following information to the control authority within
24 hours of becoming aware of the upset (if this information is provided
orally, a written submission must be provided within five days):
(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; and
(c)
Steps
being taken and/or planned to reduce, eliminate, and prevent recurrence
of the noncompliance.
D.
In any enforcement
proceeding, the user seeking to establish the occurrence of an upset
shall have the burden of proof.
E.
Users will have
the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with categorical
pretreatment standards.
F.
Users shall
control production of all discharges to the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction,
loss, or failure of its treatment facility until the facility is restored
or an alternative method of treatment is provided. This requirement
applies in situations where, among other things, the primary source
of power of the treatment facility is reduced, lost, or fails.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §§ 237-55 through 237-63 of this article or the specific prohibitions in § 237-56 of this article, except § 237-56A, if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A.
A local limit
exists for each pollutant discharged and the user was in compliance
with each limit directly prior to, and during, the pass-through or
interference; or
B.
No local limits
exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the Lower Perkiomen
Valley Regional Sewer Authority, as control authority, was regularly
in compliance with the NPDES permit, and in the case of interference,
was in compliance with applicable sludge use or disposal requirements.
A.
For the purposes
of this section:
(1)
"Bypass"
means the intentional diversion of waste streams from any portion
of a user's treatment facility.
(2)
"Severe
property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably
be expected to occur in the absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production.
C.
Bypass notification.
(1)
If a user
knows in advance of the need for a bypass, it shall submit prior notice
to the control authority, at least 10 days before the date of the
bypass, if possible.
(2)
A user shall
submit oral notice to the control authority of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from
the time it becomes aware of the bypass. A written submission shall
also be provided within five days of the time the user becomes aware
of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times; and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate and prevent reoccurrence of the bypass.
D.
Bypass.
(1)
Bypass is
prohibited, and the control authority may take an enforcement action
against a user for a bypass, unless.
(a)
Bypass
was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(b)
There
were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal period of equipment downtime or preventive
maintenance; and
It is the purpose of this article to provide
for the recovery of costs from users of the Lower Perkiomen Valley
Regional Sewer Authority's wastewater disposal system for the implementation
of the program established herein. The applicable charges or fees
shall be set forth in a schedule of charges and fees.
A.
The Lower Perkiomen
Valley Regional Sewer Authority as control authority may adopt, by
resolution, charges and fees which may include:
(1)
Fees for
reimbursement of costs of setting up and operating the pretreatment
program;
(2)
Fees for
monitoring, inspections and surveillance procedures;
(3)
Fees for
reviewing accidental discharge procedures and construction;
(4)
Fees for
permit applications;
(5)
Fees for
filing appeals;
(6)
Fees for
consistent removal of pollutants otherwise subject to federal pretreatment
standards; and
(7)
Other fees
as the control authority may deem necessary to carry out the requirements
contained herein.
B.
These fees relate
solely to the matters covered by this article and are separate from
all other fees or sewer rentals chargeable by the Lower Perkiomen
Valley Regional Sewer Authority as control authority or any municipality
contributing wastewater flows to the POTW.
If any provision, paragraph, word, section or
article of this article is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, and chapters
shall not be affected and shall continue in full force and effect.
This article shall take effect and shall be
enforced from and after its approval.
