Township of Bristol, PA Sewer Use Regulations for Lower Bucks County Joint Municipal Authority System

Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system.

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

Provide for equitable distribution of the cost for the implementation of the Authority's industrial pretreatment program.

This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nonresidential users and through enforcement of general requirements for the other nonresidential users; authorizes monitoring and enforcement activities; requires user reporting; assumes that existing customers' capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

§ 160-72 Applicability.

This article shall apply to the Township of Bristol and to persons outside the Township who are, by contract or agreement with the Township, users or significant users of the Authority's POTW at Levittown. Except as otherwise provided herein, the Authority shall administer, implement and enforce the provisions of this article.

§ 160-73 Construal.

Nothing contained in this article shall be construed as preventing any special agreement or arrangement between the Township and users within or out of the Township's jurisdiction whereby a waste of unusual strength or character may be accepted by the Authority's POTW by special agreements in writing, executed prior to such acceptance, containing safeguards, limitations and conditions acceptable to the Authority. These special agreements do not pertain to wastes from significant users that are bound by Federal Categorical Pretreatment Standards.

§ 160-74 Definitions and word usage.

Unless the context specifically indicates otherwise, the following terms and phrases as used in this article shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Director in an NPDES state with an approved state pretreatment program, and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

AUTHORITY

The Lower Bucks County Joint Municipal Authority of Bristol Township, Bucks County, Pennsylvania.

Includes: a responsible corporate officer of the level of president, vice president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or a duly authorized representative of the individual designated above if the authorization is made in writing by the responsible corporate officer described above or the authorization specifies either an individual or a position having responsibility for the overall operation of the facilities from which the indirect discharge originates, such as the position of plant manager, operator of a well or a well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company and the written authorization is submitted to the control authority.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at 20° C., expressed in terms of weight and concentration, milligrams per liter (mg/l).

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS

Federal Categorical Pretreatment Standards or pretreatment standards.

CONTROL AUTHORITY

Refers to the "approval authority" as defined hereinabove; or the Authority if the Authority has an approved industrial pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

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

DIRECT DISCHARGE

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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The United States 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.

FEDERAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

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. § 1347), which applies to a specific category of industrial users.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

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

INDIRECT DISCHARGE

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

INDUSTRIAL PRETREATMENT PROGRAM

A program administered by a POTW that meets the criteria established in 40 CFR 403.8 and 403.9 and which has been approved by a Regional Administrator or State Director in accordance with 40 CFR 403.11.

INDUSTRIAL USER

A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, causes the inhibition or disruption of the POTW treatment processes or operations or its sludge processes, use or disposal which contributes to a violation of any requirement of the Authority's NPDES permit, including an increase in the magnitude or duration of a violation. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the "Resource Conservation and Recovery Act (RCRA)," the Clean Air Act, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV (Subtitle D) of SWDA applicable to the method of disposal or use employed by the POTW.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is 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, or that the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or that the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

PRETREATMENT OR TREATMENT

Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility or installation.

PASS-THROUGH

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 Authority's NPDES permit, including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, company, association, joint-stock company, trust, estate, governmental entity, any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION

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

POTW TREATMENT PLANT

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 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 or process changes or by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

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

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Authority. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes pipes, sewers and other conveyances only if they convey wastewater to a POTW treatment plant. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Township who are, by contract or agreement with the Township, users of the Authority's POTW. The term also means the municipality as defined in Section 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

SIGNIFICANT USER

Any nonresidential user of the Authority's POTW who is subject to categorical standards, or has a discharge flow of 25,000 gallons or more per average workday, or has a flow greater than 5% of the flow in the Authority's POTW, or has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or Pennsylvania statutes and rules, or is found by the Authority, Pennsylvania Department of Environmental Resources (DER) or the United States Environmental Protection Agency (EPA) to have a significant impact, either singly or in combination with other contributing significant users, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

STATE

Commonwealth of Pennsylvania.

STORMWATER

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

SUSPENDED SOLIDS

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.

TOWNSHIP

The Township of Bristol.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision of CWA Section 307(a) or other Acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the Authority's POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the Authority's POTW.

WATERS OF THE STATE

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

Abbreviations. The following abbreviations shall have the designated meanings:

BOD

Biochemical oxygen demand.

CFR

Code of Federal Regulations.

COD

Chemical oxygen demand.

EPA

Environmental Protection Agency.

Liter.

Milligram.

mg/l

Milligrams per liter.

NPDES

National Pollutant Discharge Elimination System.

POTW

Publicly owned treatment works.

SWDA

Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.

SIC

Standard Industrial Classification.

U.S.C.

United States Code.

TSS

Total suspended solids.

"Shall" is mandatory; "may" is permissive.

§ 160-75 Prohibited discharges.

No user or significant user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all users of a POTW, whether or not the user is subject to Federal Categorical Pretreatment Standards or any other federal, state or local pretreatment standards or requirements. A user or significant user may not contribute the following substances to the POTW:

Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substance which is a fire hazard or a hazard to the system.

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

Any wastewater having a pH less than 6.0 or greater than 9.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structure, equipment and/or personnel of the POTW.

Any wastewater containing toxic pollutants which, either singly or by interaction with other pollutants, are in sufficient quantity to injure or interfere with any wastewater treatment process, constitute a hazard to humans and animals, create a toxic effect in the receiving waters or the POTW or exceed the limitations set forth in a Federal Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

(5)

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance or repair.

(6)

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

(7)

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

(8)

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

(9)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (104° F.), unless the POTW treatment plant is designed to accommodate such temperature.

(10)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which causes interference to the POTW. In no case shall a waste load have a flow rate or contain concentrations or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation, unless otherwise authorized in writing by the Authority.

(11)

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

(12)

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

(13)

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, unpolluted industrial or nonresidential process water. The discharge of cooling water from air-conditioning units with cooling towers or recirculating systems or from air-conditioning units using flow-through or unrecirculating systems is prohibited. The sanitary sewers are not designed to handle the cooling water volumes produced by air-conditioning units. Cooling water free from bacteria and harmful chemicals should be drained into storm sewers.

When the Authority determines that a user or significant user is contributing to the POTW any of the above-enumerated substances in such amounts as interfere with the operation of the POTW, the Authority shall advise the user of the impact of the contribution on the POTW and develop effluent limitations for such user to correct the interference with the POTW.

Grease, oil or sand interceptors shall be provided when, in the opinion of the Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, or any flammable wastes, sand or other harmful ingredients, except such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the Authority. Any removal and hauling of the collected materials not performed by the owner's (owners') personnel must be performed by currently licensed waste disposal firms.

§ 160-76 Effect of Federal Categorical Pretreatment Standards.

Upon promulgation of the Federal Categorical Pretreatment Standard under Section 307 of the Clean Water Act for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under the Authority's rates, rules and regulations for sources in that subcategory, shall supersede the limitations imposed by the Authority. The Authority shall notify all affected significant users of the applicable reporting requirements under 40 CFR 403.12.

§ 160-77 Modification of Federal Categorical Pretreatment Standards.

Where the Authority's wastewater treatment system achieves consistent removal of pollutants limited by Federal Categorical Pretreatment Standards, the Authority may apply to the approval authority for modifications of specific limits in the Federal Categorical Pretreatment Standards. "Consistent removal" shall mean the 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 40 CFR 403.7(c)(2). The Authority may then modify pollutant discharge limits in the Federal Categorical Pretreatment Standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.

§ 160-78 Specific pollutant limitations.

The Authority reserves the right to impose specific pollutant limitations in its rates, rules and regulations.

§ 160-79 Effect of state regulations.

State requirements and limitations on discharges apply in any case where they are more stringent than federal requirements and limitations or those in this article or the Authority's rates, rules and regulations.

§ 160-80 Establishment of more stringent limitations.

The Authority reserves the right to establish in its rates, rules and regulations more stringent limitations or requirements on discharges to the wastewater treatment system if deemed necessary and appropriate to comply with the objectives presented in § 160-71 of this article.

§ 160-81 Prohibited treatments to achieve compliance.

No user or significant user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the Authority or state.

§ 160-82 Accidental discharges.

Each user or significant 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 Authority for review and shall be approved by the Authority before construction of the facility. All existing users and significant users shall complete such a plan when designated by the Authority. No user or significant user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until the accidental discharge procedures have been approved by the Authority. Review and approval of such plans and operating procedures shall not relieve the user or significant user from the responsibility to modify its facility, as necessary, to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user or significant user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written report. Within five days following an accidental discharge, the user or significant user shall submit to the Authority a detailed written report describing the cause of the discharge and the measures to be taken by the user or significant user to mitigate and prevent any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW or aquatic life or any other damages to person or property. Such report shall not relieve the user or significant user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. This written report shall be signed by an authorized representative of the user or significant user.

Notice to employees. A notice shall be permanently posted on the user's or significant user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause such a dangerous discharge to occur are advised of the emergency notification procedures.

§ 160-83 Recovery of costs; fees.

It is the purpose of §§ 160-83 through 160-85 are to provide for the recovery of costs from users of the POTW for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Authority's rates, rules and regulations.

§ 160-84 Adoption of fees; fees to remain separate.

The Authority may adopt charges and fees which may include:

Fees for reimbursement of costs for setting up and operating the required pretreatment program, including but not limited to legal and engineering costs.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

(5)

Fees for filing appeals.

(6)

Fees for consistent removal by the POTW of pollutants otherwise subject to Federal Categorical Pretreatment Standards.

(7)

Other fees as the 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 chargeable by the Authority.

§ 160-85 Strength surcharge.

Any nonresidential user discharging waste to the Authority's POTW with monthly average concentrations greater than those limits below, in each case measured at the source, shall pay a strength surcharge in addition to the applicable volume charge for each parameter violated. The strength surcharge will only be applicable up to the daily maximum concentrations established under the Authority's rates, rules and regulations, whereafter civil penalties shall be imposed as directed in § 160-104A.

Substance Concentration (milligrams per liter)	Average Monthly
Biochemical oxygen demand	300
Ammonia nitrogen
Oil and grease	100
Phosphorus
Total suspended solids	350

The strength of the total wastes used for establishing surcharges shall be determined on at least one monthly twenty-four-hour composite sample collected by the Authority or its designated representative. Additional samples may be required if repeated violations of the local limits occur.

§ 160-86 Wastewater discharge permit required; exceptions.

It shall be unlawful to discharge without a wastewater discharge permit to any natural outlet within Bristol Township or in any area under the jurisdiction of said Township and/or to the POTW any wastewater except as authorized by the Authority in accordance with the provisions of this article.

§ 160-87 Wastewater discharge permits.

All nonresidential users proposing to connect to and contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall apply for a wastewater discharge permit within 30 days after the effective date of this article.

Permit classes.

There shall be two classes of wastewater discharge permits:

(a)

Significant users.

(b)

Nonsignificant nonresidential users.

In either case, the owner or his agent shall complete a permit application furnished by the Authority.

§ 160-88 Permit application.

Users required to obtain a wastewater discharge permit shall complete and file with the Authority an application in the form prescribed by the Authority and accompanied by a fee set forth in the Authority's rates, rules and regulations. Existing users shall apply for a wastewater discharge permit as directed by the Authority after this article has been approved, and proposed new users shall apply within a certain time frame as directed by the Authority prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, information including but not limited to the following:

Name, address and location.

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended.

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

Water usage and disposal.

(5)

Time and duration of contribution.

(6)

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

(7)

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

(8)

Type and amount of raw materials processed.

(9)

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

(10)

Wastewater constituents and characteristics as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

(11)

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

(12)

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

(13)

If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(a)

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(b)

No increment referred to in Subsection A(13)(a) shall exceed nine months.

(c)

No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Authority, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Authority.

(14)

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

(15)

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

The Authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue a wastewater discharge permit, subject to the terms and conditions provided herein.

§ 160-89 Permit modifications.

Within nine months of promulgation of a Federal Categorical Pretreatment Standard, the wastewater discharge permit of significant users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant user subject to a Federal Categorical Pretreatment Standard has not previously submitted an application for a wastewater discharge permit as required by § 160-88, the significant user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable Federal Categorical Pretreatment Standard. In addition, the significant user with an existing wastewater discharge permits shall submit to the Authority within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 160-88A(12) and (13).

§ 160-90 Permit conditions and contents.

Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Authority. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

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

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

Compliance schedules.

Requirements for submission of technical reports or discharge reports. (See §§ 160-93 and 160-94.)

Requirements for maintaining and retaining plant records relating to wastewater discharge for five years or longer as specified by the Authority and affording the Authority access thereto.

Requirements for notification to the Authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

Requirements for notification of slug discharges as per§ 160-82A, B and C.

Other conditions as deemed necessary by the Authority to ensure compliance with this article.

§ 160-91 Permit terms.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit as limitations or requirements as identified in §§ 160-75 through 160-82 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as determined by the Authority.

§ 160-92 Transfer of permit.

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 the written approval of the Authority. Any succeeding owner shall also comply with the terms and conditions of the existing permit.

§ 160-93 Initial report.

Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user and certified to by a qualified professional.

§ 160-94 Periodic reports.

Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Authority during the months of June and December, unless required more frequently in the pretreatment standard or by the Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow allowed in the wastewater discharge permit. If sampling by the user indicates a violation, the user shall notify the POTW 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 POTW within 30 days after becoming aware of the violation, except if the POTW performs sampling at least once per month at the user's facility or if the POTW performs sampling at the user's facility between the time when the user performs its initial sampling and the time the user receives the results of this sampling. At the discretion of the Authority and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the Authority may agree to alter the months during which the above reports are to be submitted. This report shall be signed by an authorized representative of the user.

The Authority may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Authority, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the Authority. All analyses shall be performed in accordance with procedures established by 40 CFR 136 and amendments thereto or with any other test procedures approved by EPA. Sampling shall be performed in accordance with the techniques approved by EPA. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by EPA.)

§ 160-95 Monitoring facilities.

The Authority shall require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Authority may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all ties in a safe and proper operating condition at the expense of the user.

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

§ 160-96 Inspections.

The Authority shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Authority or its representative ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of its duties. The Authority, the state and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Authority, the state and the EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.

§ 160-97 Pretreatment of wastewater.

Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Authority prior to the user's initiation of the changes.

The Authority shall annually publish in a newspaper of general circulation a list of the users which were not in compliance with any pretreatment standards or requirements at least once during the previous 12 months. The notification shall also summarize any enforcement actions taken against the users during the same 12 months.

All records relating to compliance with pretreatment standards shall be made available to officials of the state or the EPA upon request.

§ 160-98 Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection to the public, but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollution Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the Authority as confidential shall be transmitted to any governmental agency immediately when requested, but not to the general public unless a ten-day notification is given to the user by the Authority.

§ 160-99 Suspension of service or permit.

The Authority may suspend the wastewater treatment service and/or the wastewater discharge permit when such suspension is necessary, in the opinion of the Authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the POTW to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permits shall immediately stop or eliminate the wastewater discharge to the POTW. In the event of a failure of the person to comply voluntarily with the suspension order, the Authority shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Authority shall reinstate the wastewater discharge permit upon proof of the elimination of the noncomplying discharge by the user and payment of any damages, fines, penalties or costs associated with the discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any further occurrence shall be submitted to the Authority within 15 days of the date of occurrence.

§ 160-100 Revocation of permit.

The following violations of the conditions of this article or applicable state and federal regulations shall subject the user to having his wastewater discharge permits revoked:

Failure of a user to factually report the wastewater constituents and characteristics of discharge.

Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

Refusal to permit reasonable access to the user's premises for the purpose of inspection and monitoring.

Violation of the conditions of the wastewater discharge permit.

§ 160-101 Notice of violation.

Whenever the Authority finds that any user has violated or is violating this article, the wastewater discharge permit or any prohibition, limitation or requirements contained herein, the Authority may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of notice, a plan for the satisfactory correction thereof shall be submitted to the Authority by the user. If the user fails to submit a plan within this thirty-day period, the Authority shall develop and enforce a plan to correct the violation in question at the user's expense.

The provisions of this section shall not relieve the user of any responsibility under this article, statute, law, rule or regulation.

§ 160-102 Show-cause hearing.

Notwithstanding the aforesaid enforcement provisions, the Authority may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Authority regarding the violation, the reasons why the action is to be taken and the proposed enforcement action, and directing the user to show cause before the Authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified or registered mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

The Authority or other person designated by the Authority shall conduct the hearing and be authorized as follows:

To issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

To take the evidence.