[Adopted 10-10-1984 by Ord. No. 1070; amended in its entirety 5-25-1993 by Ord. No. 93-6]
A.
This article
sets forth uniform requirements for users of the publicly owned treatment
works for the Township of Bristol and enables the Township of Bristol
to comply with all applicable state and federal laws, including the
Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment
Regulations (40 CFR Part 403). The objectives of this article are:
(1)
To
prevent the introduction of pollutants into the publicly owned treatment
works that will interfere with its operation.
(2)
To
prevent the introduction of pollutants into the publicly owned treatment
works that will pass through the publicly owned treatment works inadequately
treated, into receiving waters or otherwise be incompatible with the
publicly owned treatment works.
(3)
To
protect both publicly owned treatment works personnel who may be affected
by wastewater and sludge in the course of their employment and the
general public.
(4)
To
promote reuse and recycling of industrial wastewater and sludge from
the publicly owned treatment works.
(5)
To
enable the Township of Bristol to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements and any other federal or state laws to which the publicly
owned treatment works is subject.
B.
This article
shall apply to all users of the publicly owned treatment works. The
article authorizes the issuance of wastewater discharge permits; provides
for monitoring, compliance and enforcement activities; establishes
administrative review procedures; requires user reporting; and provides
for variances.
Except as otherwise provided herein, the Superintendent of the
sewage treatment system shall administer, implement and enforce the
provisions of this article. Any powers granted to or duties imposed
upon the Superintendent may be delegated by the Superintendent to
other Bristol Township Authority personnel.
The following abbreviations, when used in this article, shall
have the following designated meanings:
Biochemical oxygen demand
Code of Federal Regulations
Chemical oxygen demand
United States Environmental Protection Agency
Gallons per day
Milligrams per liter
National Pollutant Discharge Elimination System
Publicly owned treatment works
Resource Conservation and Recovery Act
Standard industrial classification
Total suspended solids
United States Code
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
“Clean Water Act,” as amended, 33 U.S.C. § 1251 et
seq.
Region III United States Environmental Protection Agency.
If the user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decisionmaking functions for
the corporation; or
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position who is responsible for the overall operation of the facility from which the discharge originates or who has overall responsibility for environmental matters for the company and the written authorization is submitted to the Bristol Township Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 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 to 471.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal and, therefore, is a cause of a violation of the Township
of Bristol'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.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Any building, structure, facility or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a "new source" if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(1) or (2) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment.
Significant site preparation work, including the 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.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Bristol Township Authority NPDES
permit, including an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity; or their legal representatives,
agents or assigns. This definition includes all federal, state and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 160-44 of this article.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Township of Bristol. 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.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater).
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant.
Is designated as such by the Bristol Township Authority on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Bristol Township Authority may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow or concentration which could cause a violation of the prohibited discharge standards in § 160-44 of this article.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The person designated by the Bristol Township Authority to
supervise the operation of the POTW and who is charged with certain
duties and responsibilities by this article or a duly authorized representative.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquid and which is
removable by laboratory filtering.
The Township of Bristol or the Bristol Township Authority
as manager for the Township of Bristol.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
A.
General
prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass-through or
interference. These general prohibitions apply to all users of the
POTW whether or not they are subject to categorical pretreatment standards
or any other national, state or local pretreatment standards or requirements.
B.
Specific
prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances or wastewater:
(1)
Pollutants
which create a fire or explosive hazard in the POTW, including but
not limited to waste streams with a closed-cup flash point of less
than 140° F. (60° C.) using the test methods specified in
40 CFR 261.21.
(2)
Wastewater
having a pH less than 5.0 or 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.
(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 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.
(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 Bristol Township Authority's NPDES
permit.
(11)
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations.
(12)
Stormwater, surface water, groundwater, roof runoff, subsurface drainage,
swimming pool drainage and deionized water.
(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 a toxicity test.
(16)
Detergents, surface-active agents or other substances which may cause
excessive foaming in the POTW.
(17)
Fats, oils or greases of animal or vegetable origin in concentrations
greater than 97 mg/l.
(18)
Wastewater causing two readings on an explosion hazard meter, at
the point of discharge into the POTW or at any point in the POTW,
of more than 5% or any single reading over 10% of the lower explosive
limit of the meter.
(19)
Wastewater containing any material which is defined as hazardous
waste under 40 CFR Part 261.
C.
Pollutants,
substances or wastewater prohibited by this section shall not be processed
or stored in such a manner that they could be discharged to the POTW.
The Categorical Pretreatment Standards found at 40 CFR Chapter
I, Subchapter N, Parts 405 to 471 are hereby incorporated.
A.
Where a
categorical pretreatment standard is expressed only in terms of either
the mass or the concentration of a pollutant in wastewater, the Superintendent
may impose equivalent concentration or mass limits in accordance with
40 CFR 403.6(c).
B.
When wastewater
subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the Superintendent shall impose
an alternate limit using the combined waste stream formula in 40 CFR
403.6(e).
C.
A user
may obtain a variance from a categorical pretreatment standard if
the user can prove, pursuant to the procedural and substantive provisions
in 40 CFR 403.13, that factors relating to its discharge are fundamentally
different from the factors considered by the EPA when developing the
categorical pretreatment standard.
D.
A user
may obtain a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15.
[Amended 12-12-1997 by Ord. No. 97-16]
A.
The following
pollutant limits are established to protect against pass-through and
interference. No person shall discharge wastewater containing in excess
of the following:
|
Pollutants
|
Maximum Concentration (mg/l)
|
|---|---|
|
Arsenic (T)
|
2.30
|
|
Cadmium (T)
|
0.10
|
|
Chromium (T)
|
1.80
|
|
Copper (T)
|
0.51
|
|
Lead (T)
|
0.43
|
|
Mercury (T)
|
0.003
|
|
Nickel (T)
|
0.51
|
|
Silver (T)
|
0.14
|
|
Zinc (T)
|
2.90
|
|
Cyanide (T)
|
2.30
|
|
Phenols (T)
|
1.83
|
|
Ammonia as N (NH3_N)
|
69.0
|
|
Fats, oils and grease
|
107.0
|
|
Biochemical oxygen demand (BOD5)
|
775.0
|
|
Total suspended solids (TSS)
|
1054.0
|
|
Chemical oxygen demand (COD)
|
1550.0
|
|
Sulfate as SO4
|
360.0
|
B.
The above
limits apply at the point where the wastewater is discharged to the
POTW. All concentration for metallic substances are for total metal
unless indicated otherwise. The Superintendent may impose mass limitations
in addition to or in place of the concentration-based limitations
above.
The Bristol Township Authority reserves the right to establish,
by ordinance or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW.
No user shall ever increase the use of process water or in any
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The Superintendent may impose mass limitations on
users who are using dilution to meet applicable pretreatment standards
or requirements or in other cases when the imposition of mass limitations
is appropriate.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 160-44 of this article within the time limitations specified by the EPA, the state or the Superintendent, 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 Bristol Township Authority for review and shall be acceptable to them 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 Bristol Township Authority under the provisions of this article.
A.
Whenever
deemed necessary, the Superintendent 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 Superintendent
may require any person discharging into the POTW to install and maintain,
on his property and at his expense, a suitable storage and flow-control
facility to ensure equalization of flow. A wastewater discharge permit
may be issued solely for flow equalization.
C.
Grease,
oil and sand interceptors shall be provided when, in the opinion of
the Superintendent, 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 Superintendent 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 his expense.
D.
Users with
the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
At least once every two years, the Superintendent shall evaluate
whether each significant industrial user needs an accidental discharge/slug
control plan. The Bristol Township Authority may require any user
to develop, submit for approval and implement such a plan. Alternatively,
the Bristol Township Authority may develop such a plan for any user.
An accidental discharge/slug control plan shall address, at a minimum,
the following:
A.
A description
of discharge practices, including nonroutine batch discharges.
B.
A description
of stored chemicals.
C.
Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by§ 160-70 of this article.
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.
When requested by the Superintendent, a user must submit information
on the nature and characteristics of its wastewater within 30 days
of the request. The Superintendent 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.
B.
The Superintendent
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 §§ 160-70.11 through 160-70.25 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
Any user required to obtain a wastewater discharge permit who proposes to begin or continue discharging into the POTW must obtain such permit prior to the beginning or continuing of such discharge. An application for this wastewater discharge permit, in accordance with § 160-55 of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
A.
All users
required to obtain a wastewater discharge permit must submit a permit
application. The Superintendent may require all users to submit as
part of an application the following information:
(2)
A
description of activities, facilities and plant processes on the premises,
including a list of all raw materials and chemicals used or stored
at the facility which are, or could accidentally or intentionally
be, discharged to the POTW.
(3)
The
number and type of employees, hours of operation and proposed or actual
hours of operation.
(4)
Each
product produced by type, amount, process or processes and rate of
production.
(5)
The
type and amount of raw materials processed (average and maximum per
day).
(6)
Site
plans, floor plans, mechanical and plumbing plans and details to show
all sewers, floor drains and appurtenances by size, location and elevation
and all points of discharge.
(7)
The
time and duration of discharges.
(8)
Any
other information as may be deemed necessary by the Superintendent
to evaluate the wastewater discharge permit application.
B.
Incomplete
or inaccurate applications will not be processed and will be returned
to the user for revision.
All wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user and contain
the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction and 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."
The Superintendent will evaluate the data furnished by the user
and may require additional information. Within 30 days of receipt
of a complete wastewater discharge permit application, the Superintendent
will determine whether or not to issue a wastewater discharge permit.
The Superintendent may deny any application for a wastewater discharge
permit.
A wastewater discharge permit may be issued for a period of
one year but not more than five years at the discretion of the Superintendent.
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 Superintendent 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's duration,
which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Bristol Township Authority in accordance with § 160-62 of this article and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent
limits 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)
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.
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 the 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)
Requirements
for the installation and maintenance of inspection and sampling facilities
and equipment.
(6)
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.
(7)
Other
conditions as deemed appropriate by the Superintendent to ensure compliance
with this article and state and federal laws, rules and regulations.
The Bristol Township Authority shall provide public notice of
the issuance of a wastewater discharge permit. Any person, including
the user, may petition the Bristol Township 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
Bristol Township 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 Bucks County within 30 days.
The Bristol Township 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 alteration or additions to the user's operation, processes
or wastewater volume or character since the time of the wastewater
discharge permit's 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 Bristol
Township Authority's POTW, 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.
I.
To reflect
a transfer of the facility ownership or operation to a new owner or
operator.
A.
Wastewater
discharge permits may be transferred to a new owner or operator only
if the permittee gives at least 30 days' advance notice to the Superintendent
and the Superintendent approves the wastewater discharge permit transfer.
The notice to the Superintendent must include a written certification
by the new owner or operator which:
B.
Failure
to provide advance notice of a transfer renders the wastewater discharge
permit void as of the date of facility transfer.
A.
The Superintendent
may revoke a wastewater discharge permit for good cause, including
but not limited to the following reasons:
(1)
Failure
to notify the Superintendent of significant changes to the wastewater
prior to the changed discharge.
(2)
Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 160-69 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 Superintendent 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.
(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 a minimum of 90 days prior to the expiration of
the user's existing wastewater discharge permit.
A.
Within either 180 days after the effective date of a Categorical Pretreatment Standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Superintendent a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described
above shall submit the information set forth below:
(1)
Identifying
information. The name and address of the facility, including the name
of the operator and owner.
(2)
Environmental
permits. A list of any environmental control permits held by or for
the facility.
(3)
Description
of operations. A brief description of the nature, average rate of
production and standard industrial classifications of the 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.
(4)
Flow
measurement. Information showing the measured average daily and maximum
daily flow, in gallons per day, to the POTW from regulated process
streams and other streams, as necessary, to allow use of the combined
waste stream formula set out in 40 CFR 403.6(e).
(5)
Measurement
of pollutants.
(a)
The categorical pretreatment standards applicable to each regulated
process.
(b)
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 160-70.3 of this article.
(6)
Certification.
A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 160-66 of this article.
The following conditions shall apply to the compliance schedule required by § 160-65B(7) of this article:
A.
The schedule
shall contain progress increments in the form of dates for the commencement
and completion of major events leading to the construction and operation
of additional pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not limited to,
hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing construction
and beginning and conducting routine operation).
B.
No increment
referred to above shall exceed nine months.
C.
The user
shall submit a progress report to the Superintendent no later than
14 days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with
the increment of progress, the reason for any delay and, if appropriate,
the steps being taken by the user to return to the established schedule.
D.
In no
event shall more than nine months elapse between such progress reports
to the Superintendent.
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 Superintendent a report containing the information described in § 160-65B(4), (5) and (6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of 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 § 160-56 of this article.
A.
All significant industrial users shall, at a frequency determined by the Superintendent but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 160-56 of this article.
B.
All wastewater
samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated,
kept clean and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working
order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
Each user must notify the Superintendent 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 30 days before the change.
A.
The Superintendent 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 § 160-55 of this article.
C.
For purposes
of this requirement, significant changes include, but are not limited
to, flow increases of 20% or greater and the discharge of any previously
unreported pollutants.
A.
In the
case of any discharge, including but not limited to accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch
discharge or a slug load, that may cause potential problems for the
POTW, the user shall immediately telephone and notify the Superintendent
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 Superintendent, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, natural resources
or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties or other liability which
may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the Superintendent as the Superintendent
may require.
If sampling performed by a user indicates a violation, the user
must notify the Superintendent within 24 hours of becoming aware of
the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Superintendent
within 30 days after becoming aware of the violation. The user is
not required to resample if the Superintendent monitors at the user's
facility at least once a month or if the Superintendent samples between
the user's initial sampling and when the user receives the results
of this sampling.
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable Categorical
Pretreatment Standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by the EPA.
A.
Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is unfeasible, the Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples
for oil and grease, temperature, pH, cyanide, phenols, sulfides and
volatile organic compounds must be obtained using grab collection
techniques.
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 of receipt of the report shall govern.
Users subject to the reporting requirements of this article
shall retain and make available for inspection and copying all records
of information obtained pursuant to any monitoring activities required
by this article and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. 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 Bristol
Township Authority or where the user has been specifically notified
of a longer retention period by the Superintendent.
The Superintendent 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 Superintendent ready access to all
parts of the premises for the purposes of inspection, sampling, records
examination and copying and the performance of any additional duties.
A.
Where
a user has security measures in force which require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, the Superintendent will be permitted to
enter without delay for the purposes of performing specific responsibilities.
B.
The
Superintendent shall have the right to set up on the user's property,
or require the installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
C.
The
Superintendent 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 properly operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated to ensure their accuracy.
D.
Any
temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Superintendent
and shall not be replaced. The costs of clearing such access shall
be born by the user.
E.
Unreasonable
delays in allowing the Superintendent access to the user's premises
shall be a violation of this article.
If the Superintendent has been refused access to a building,
structure or property or any part thereof and is able to demonstrate
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 Bristol Township 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 Superintendent may seek issuance
of a search warrant from the Court of Common Pleas of Bucks County.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits
and monitoring programs and from the Superintendent'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 Superintendent 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 available for inspection by the public, but shall be
made available immediately upon request to governmental agencies for
uses related to the NPDES program or pretreatment program and in enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics and other "effluent data" as defined
by 40 CFR 2.302 will not be recognized as confidential information
and will be available to the public without restriction.
The Superintendent shall publish annually, in the largest daily
newspaper published in the municipality where the POTW is located,
a list of the users which, during the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and
requirements. The term "significant noncompliance" shall mean:
A.
Chronic
violations of wastewater discharge limits, defined here as those in
which 66% or more of wastewater measurements taken during a six-month
period exceed the daily maximum limit or average limit for the same
pollutant parameter by any amount.
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 daily
maximum limit or the average limit multiplied by the applicable criteria
(1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH).
C.
Any
other discharge violation that the Superintendent believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public.
D.
Any
discharge of pollutants that has caused imminent endangerment to the
public or to the environment or has resulted in the Superintendent's
exercise of his emergency authority to halt or prevent such a discharge.
E.
Failure
to meet, within 90 days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance.
F.
Failure
to provide, within 30 days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with
Categorical Pretreatment Standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules.
G.
Failure
to accurately report noncompliance.
H.
Any
other violation(s) which the Superintendent determines will adversely
affect the operation or implementation of the local pretreatment program.
When the Superintendent 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 Superintendent may serve upon that user a written notice of violation.
Within 20 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 Superintendent. 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 Superintendent to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
The Superintendent may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 160-70.14 and 160-70.15 of this article and shall be judicially enforceable.
The Superintendent 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 Superintendent 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. A show-cause hearing shall not be a bar
against or prerequisite for taking any other action against the user.
When the Superintendent 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 Superintendent 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 Superintendent 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 Superintendent
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 prerequisite
for talcing any other action against the user.
A.
When
the Superintendent 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 Superintendent may fine such user in an amount not to exceed $1,000.
Such fines shall be assessed on a per-violation, per-day basis. In
the case of monthly or other long-term average discharge limits, fines
shall be assessed for each day during the period of violation.
B.
Unpaid
charges, fines and penalties shall, after 30 calendar days, be assessed
an additional penalty of 10% of the unpaid balance, and interest shall
accrue thereafter at a rate of 1% per month. 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
Superintendent to reconsider the fine along with full payment of the
fine amount within 20 days of being notified of the fine. Where a
request has merit, the Superintendent may convene a hearing on the
matter. In the event that the user's appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to
the user. The Superintendent may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine and also
deduct said costs from fine payments to be returned as a result of
successful appeal.
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
Superintendent 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 Superintendent may also immediately suspend
a user's discharge, after notice and opportunity to respond, that
threatens to interfere with the operation of the POTW or which presents
or may present an endangerment to the environment.
(1)
Any user notified or 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 Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 160-70.18 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 occurrences, to the Superintendent prior to the date of any show-cause or termination hearing under§ 160-70.13 or 160-70.18 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 § 160-63 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.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 160-70.13 of this article why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to or a prerequisite for taking any other action against the user.
When the Superintendent 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 Superintendent may petition the Court of Common Pleas of Bucks
County, through the Bristol Township Authority's attorney, for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit order or other requirement imposed by this article on activities
of the user. The Superintendent may also seek such other action as
is appropriate for legal and/or equitable relief, including a requirement
for the user to conduct 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 Bristol
Township 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.
B.
The
Bristol Township 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 Bristol Township Authority.
C.
In
determining the amount of civil liability, the court shall take into
account all relevant circumstances, including but not limited to the
extent of harm caused by the violation, the magnitude and duration
of the violation, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user
and any other 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.
A user
who willfully or negligently violates any provision of this article,
a wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement shall, upon conviction, be guilty
of a summary offense, punishable by a fine of not more than $1,000
per violation, per day, or imprisonment for not more than 90 days,
or both.
B.
A user
who willfully or negligently introduces any substance into the POTW
which causes personal injury or property damage shall, upon conviction,
be guilty of a summary offense and be subject to a penalty of at least
$5,000 or be subject to imprisonment for not more than 180 days, or
both. This penalty shall be in addition to any other cause of action
for personal injury or property damage available under state law.
C.
A user
who knowingly makes any false statements, representation or certifications
in any application, record, report, plan or other documentation filed
or required to be maintained pursuant to this article, a wastewater
discharge permit or an order issued hereunder or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this article shall, upon conviction, be punished by
a fine of not more than $1,000 per violation, per day, or imprisonment
for not more than 120 days, or both.
The remedies provided for in this article are not exclusive.
The Superintendent 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 Bristol Township Authority's
Enforcement Response Plan. However, the Superintendent may take other
action against any user when the circumstances warrant. Further, the
Superintendent is empowered to take more than one enforcement action
against any noncompliant user.
The Superintendent 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 Bristol
Township Authority, in a sum not to exceed a value determined by the
Superintendent to be necessary to achieve consistent compliance.
The Superintendent may decline to issue or reissue a wastewater
discharge permit to any user who has failed to comply with any provision
of this article, a previous wastewater discharge permit or order issued
hereunder or any other pretreatment standard or requirement, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
The Bristol Township Authority may pay up to $100 for information
leading to the discovery of noncompliance by a user. In the event
that the information provided results in a civil penalty or an administrative
fine levied against the user, the Bristol Township authority may disperse
up to 5% of the collected fine or penalty to the informant. However,
a single reward payment may not exceed $1,000.
A.
Notwithstanding
the limitations set forth in these regulations, a special variance
or amendment may be issued whereby a waste of unusual character or
strength may be accepted, when in the opinion of the Bristol Township
Authority, unusual or extraordinary circumstances compel special terms
or special conditions. As a separate and additional requirement, such
variance or amendment will be issued only when, in the opinion of
the Superintendent, it would not have any deleterious effect on the
system by causing interference with or disruption in the treatment
works or violation of NPDES permit or state water quality criteria
or standards. In no case shall a discharge be approved which would
exceed the limits established by a National Categorical Pretreatment
Standard.
B.
A user
seeking a variance or amendment shall petition the Bristol Township
Authority in writing and provide documentation of the exceptional
circumstances which the user believes would justify a variance or
amendment. If a variance or amendment is approved by the Bristol Township
Authority, the user shall pay a surcharge in addition to the applicable
volume charges. Said surcharge shall be established by the Bristol
Township Authority for each variance or amendment granted.
The Bristol Township Authority may adopt reasonable fees for
reimbursement of costs of setting up and operating the pretreatment
program, which may include:
A.
Fees
for wastewater discharge permit applications, including the cost of
processing such applications.
B.
Fees
for monitoring, inspection and surveillance procedures, including
the cost of collection and analyzing a user's discharge and reviewing
monitoring reports submitted by users.
C.
Fees
for reviewing and responding to accidental discharge procedures and
construction.
D.
Fees
for filing appeals.
E.
Other
fees as the Bristol Township Authority may deem necessary to carry
out the requirements contained herein. These fees relate solely to
the matters covered by this article and are separate from all other
fees, fines and penalties chargeable by the Bristol Township Authority.
