[Adopted 1-11-1989 by Ord. No. 89-1; amended
in its entirety 9-2-1998 by Ord. No. 98-9]
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated. Words in the present tense include
the future. The singular number includes the plural number. The plural
number includes the singular number. The word "shall" is mandatory,
while the word "may" is permissive.
The Federal Water Pollution Control Act, as amended, also
known as the "Clean Water Act."
The Administrator or the Regional Administrator of the EPA.
An authorized representative of a user is:
A principal executive officer of at least the
level of vice president, if the user is a corporation.
A general partner or proprietor if the user
is a partnership or proprietorship, respectively.
A principal executive officer or a person having
responsibility for the overall operation of the user's facility if
the user is a governmental agency, unincorporated organization or
other similar entity.
A duly authorized representative of the individual designated in Subsections A through C above if: the authorization is made in writing by the individual described in Subsection A or B; the authorization specifies either an individual or a position having overall responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and the written authorization is submitted to DARA.
The wastewater discharge volume from the most recent calendar
quarter divided by the number of calendar days in that quarter.
Schedules of activities, prohibitions and practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR § 403.5(a)(1) and (b). BMPs also include
treatment requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw materials storage.
[Added 8-1-2007 by Ord. No. 2007-09]
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five days at 20° C. The standard
laboratory procedure shall be found in the latest edition of Standard
Methods for the Examination of Water and Sewage, published by the
American Public Health Association.
The intentional diversion of waste streams from any portion
of an industrial user's facility for pretreatment.
Any industry subject to pretreatment standards as specified
in 40 CFR, Chapter I, Subchapter N, establishing quantities or concentrations
of pollutants or pollutant properties which may be discharged or introduced
to a treatment plant by existing or new industrial users in specific
industrial subcategories.
The National Categorical Pretreatment Standards.
The quantity of oxygen, expressed in mg/l, required to chemically
oxidize the organic and inorganic matter in a water or wastewater
sample under the standard laboratory procedure. The standard laboratory
procedure shall be that in the latest edition of Standard Methods
for the Examination of Water and Sewage, published by the American
Public Health Association.
BOD, COD, total suspended solids, total kjeldahl nitrogen,
total phosphorus and fecal coliform bacteria.
The Downingtown Area Regional Authority, a political subdivision
of the Commonwealth of Pennsylvania.
A permit issued by DARA authorizing the discharge of tank
truck or hauled waste at the DRWPCC.
The Downingtown Regional Water Pollution Control Center.
The facilities in East Caln Township treating wastewater pursuant
to the intermunicipal agreement among DARA, the Borough of Downingtown
and the Townships of Caln, East Caln, Uwchlan and West Whiteland.
DARA's consulting engineer.
The United States Environmental Protection Agency, including,
where appropriate, the Administrator or other duly authorized official
of said agency.
The DARA Executive Director.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the commercial handling, storage
and sale of produce.
An individual sample collected over a period of time not
exceeding 15 minutes.
Any person discharging industrial wastewater to the sewerage
system.
Any water which, during a manufacturing or processing operation,
including those regulated under Section 307(b), (c) or (d) of the
Act, comes into direct contact with or results from the production
or use of any raw material, intermediate product, finished product,
by-product or waste product, or any other water contaminated by an
industrial process, and distinct from sanitary sewage.
A permit authorizing a person to deposit or discharge industrial
wastewater into the sewerage system.
The inhibition or disruption of the DRWPCC processes or operations
which contributes to a violation of any requirement of DARA's NPDES
permit or a decrease in treatment efficiency. The term includes inhibition
or disruption of sewage sludge use or disposal from the DRWPCC in
accordance with Section 405 of the Act (33 U.S.C. § 1317)
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act or more stringent state criteria (including those contained
in any state sludge management plan prepared pursuant to Title IV
of SWDA) applicable to the method of disposal or use employed by the
DRWPCC.
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged to the sewerage
system by industrial users and which are developed by DARA.
The ratio of weight to volume expressing the concentration
of a specified component in a wastewater. Also known as "parts per
million (ppm)".
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) and which are defined in 40 CFR Chapter I,
Subchapter N, Parts 405 through 471.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of 40 CFR 403.5.
Any building, structure, facility or installation for which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical standards
under Section 307(c) of the Act which will be applicable to such source
if such categorical standards are thereafter promulgated in accordance
with that section. Determination of the applicability of new source
standards shall be made as provided in the Act and 40 CFR 403.3.
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his agent.
Discharge through the DRWPCC which exists in quantities or
concentrations, alone or with discharges from other sources, which
causes a violation of any condition of DARA's NPDES permit.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
Any individual, firm, company, partnership, corporation,
association, group or society, including the state and agencies, districts,
commissions and political subdivisions created by or pursuant to state
law and federal agencies, departments or instrumentalities thereof.
The logarithm of the reciprocal of the hydrogen ion concentration
expressed as moles per liter.
Any dredged spoil, solid waste, incinerator residue, sewage,
sewage sludge, garbage, 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.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the sewerage system.
The reduction or alteration may be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a national categorical pretreatment standard, imposed on
an industrial user.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act which
applies to industrial users. This term includes national categorical
pretreatment standards, prohibited discharge limits and local discharge
limits.
Registered professional engineer skilled in the field of
wastewater treatment.
The normal waterborne waste from a household, and toilet
wastes from residences, business buildings, institutions, commercial
and industrial establishments.
The DRWPCC and any pipe, conduit or other equipment which
carries wastewater to the DRWPCC.
Any permitted industrial user; any user subject to national
categorical pretreatment standards; any user with discharges of 10,000
gallons or more per day of industrial wastewater; or any user who
contributes a waste stream which makes up 5% or more of the dry weather
compatible pollutant capacity of the DRWPCC; or has a reasonable potential
as determined by DARA or the EPA to adversely affect the DRWPCC by
interference, pass-through pollutants or sludge contaminations to
endanger the collection system and DRWPCC personnel or violate any
applicable pretreatment standards.
[Amended 8-1-2007 by Ord. No. 2007-09]
An industrial user is in significant noncompliance if its
violations meet one or more of the following criteria:
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all the measurements taken
during a six-month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same parameter measured;
Technical Review Criteria (TRC) violations,
defined as those violations in which 33% or more of all of the measurements
for each parameter measured taken during a six-month period equal
or exceed the product of the daily average maximum limit or the average
limit times the applicable TRC multiplier (TRC multiplier equals 1.4
for BOD and TSS, and 1.2 for all other pollutants with numerical limits,
except pH);
Any other violation of a pretreatment standard
or requirement (daily maximum or longer-term average) that DARA determines
has caused, alone or in combination with other discharges, an interference
or pass-through at the DRWPCC;
Any discharge of a pollutant that has caused
imminent endangerment to the health of DRWPCC personnel, the environment
or the general public or has resulted in DARA exercising any emergency
authority to halt or prevent such a discharge;
Failure to meet, within 90 days after the scheduled
date, a compliance schedule date or a compliance schedule milestone
contained in the user's industrial waste discharge permit or enforcement
action for starting construction, completing construction or attaining
final compliance;
Failure to provide, within 30 days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and reports on
compliance with a compliance schedule;
Failure to accurately report incidents of noncompliance;
or
Any other violation or group of violations that
DARA determines will adversely affect the overall implementation of
its industrial pretreatment program.
Any discharge of wastewater of a nonroutine or episodic nature,
including but not limited to an accidental spill or noncustomary batch
discharge at a flow rate or concentration that may cause a violation
of any pretreatment requirement or pretreatment standard set forth
in this article.
A report prepared by an industrial user and provided to DARA
in accordance with this resolution which details the existing and
proposed facility plans and operating procedures to be followed by
that user in the event of a slug load.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
The latest edition of Standard Methods for the Examination
of Water and Wastewater, a manual published by the American Public
Health Association specifying analytical procedures for testing and
analysis of wastewater.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
An additional charge for the treatment of extra-strength
wastewater in excess of the basic charge for treatment of wastewater.
The sum of the organic nitrogen and ammonia nitrogen present
in wastewater, as measured by standard laboratory procedure as described
in standard methods.
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater and is removable by
laboratory filtration as prescribed in standard methods.
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples collected at regular intervals
not exceeding one hour, during a twenty-four-hour time span. The sample
may be composited either as a time composite sample (composed of discrete
sample aliquots collected in one container at constant time intervals
providing representative samples irrespective of discharge flow) or
as a flow proportional composite sample (collected either as a constant
sample volume at time intervals proportional to stream flow or collected
by increasing the volume of each aliquot as the flow increases while
maintaining a constant time interval between aliquots).
Any person who contributes wastewater into the sewerage system.
The combined flow of sanitary sewage and industrial wastewater,
together with such quantities of infiltration and inflow as may be
present.
A.
General discharge restrictions. Except as otherwise
provided in this article, no user shall discharge or cause to be discharged
to the sewerage system any sewage, industrial wastewater or other
matter or substance:
(1)
Having a temperature which will inhibit biological
activity at the DRWPCC resulting in interference, but in no case with
a temperature at the introduction into the sewerage system which exceeds
120° F. or is less than 40° F., and in no case heat in such
quantities that the temperature of the influent to the DRWPCC exceeds
104° F.
(2)
Containing petroleum oils, nonbiodegradable cutting
oils or other products of mineral oil origin, animal fats, oil, wax
or grease, or other similar substances (collectively called "oil and
grease"), in amounts that will cause pass-through or interference.
(3)
Containing any liquids, solids or gases at concentrations
which 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 sewerage system or to the operation of the DRWPCC.
Prohibited materials include, but are not limited to, gasoline, fuel
oil, kerosene, naphtha, paint products, sulfides and any substance
having a closed cup flashpoint of less than 140° F. using the
test methods specified in 40 CFR 261.21.
(4)
Containing solid or viscous substances at concentrations
which will cause obstruction to the flow in a sewer or other interference,
such as but not limited to ashes, cinders, spent lime, stone dust,
sand, mud, straw, shavings, metals, glass, rags, grass clippings,
feathers, tar, plastics, wood, whole blood, paunch manure, bentonite,
lye, building materials, rubber, asphalt residues, hairs, bones, leather,
porcelain, china, ceramic wastes, polishing wastes or glass grindings.
(5)
Having a pH, stabilized, lower than 5.0 or higher
than 9.0 or having any other corrosive or scale-forming property capable
of causing damage or hazard to structures, equipment, bacterial action
or personnel of the sewerage system.
(6)
Containing pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure, cause a
pass-through or interference in the sewerage system, constitute a
hazard to humans, animals or plants, create a toxic effect in the
receiving waters of the DRWPCC or to exceed any limitation set forth
in a national categorical pretreatment standard.
(7)
Containing 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 result in toxic gases,
vapors or fumes in the sewerage system in a quantity that will cause
worker health and safety problems.
(8)
Containing objectionable color not removed in the
treatment process, such as but not limited to dye wastes and vegetable
tanning solutions.
(9)
Containing radioactive substances of such half-life
or concentration as may exceed limits which are prohibited by applicable
state or federal regulations.
(10)
Prohibited by any permit, statute, rule, regulation
and ordinance issued or promulgated by any public agency, including
the state and the EPA.
(11)
Containing any substance which will cause the
DRWPCC to violate its NPDES permit or the receiving water quality
standards.
(12)
Containing any substance which shall cause the
DRWPCC to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Act or
be in noncompliance with any criteria, guidelines or regulations affecting
sludge use or disposal promulgated pursuant to the Solid Waste Control
Act, the State Clean Air Act, the Toxic Substances Control Act or
state criteria applicable to the sludge management method being used.
(13)
Containing nonbiodegradable complex carbon compounds.
(14)
Constituting a slug load.
(15)
Containing stormwater from pavements, area ways,
roofs, foundation drains or other sources.
(16)
Containing any garbage with particles greater
than 1/2 inch in size.
(17)
Containing pesticides unless, upon written request,
special permission is obtained from DARA.
B.
Trucked or hauled wastewater.
(1)
Tank truck or hauled waste discharges to the sewerage
system are prohibited, except as authorized hereinafter.
(2)
Tank truck or hauled wastes may only be discharged
at the DRWPCC upon the issuance of a discharge permit by DARA.
(3)
Tank truck or hauled wastes authorized for discharge
shall be discharged only at the location, time and at a rate fixed
by the discharge permit.
(4)
Tank truck or hauled waste discharges shall not include
any industrial wastewater.
(5)
Prior to discharge, the tank truck or hauled waste
shall be subject to inspection and sampling by DARA.
(6)
Tank truck or hauled waste discharges shall be subject
to rates and charges in accordance with a schedule established by
DARA, as amended from time to time.
C.
Strength of waste surcharge.
(1)
Any user discharging a wastewater to the sewerage
system defined as extra-strength wastewater in such resolutions as
DARA shall adopt from time to time shall pay a surcharge as forth
in those resolutions. The effective date of any change in definitions
or fees shall be stated in all such resolutions.
(2)
No user shall discharge into the sewerage system any
extra-strength wastewater without a written permit from DARA providing
for sampling and the payment of a surcharge to the municipality to
whose sewer system the user is connected, in accordance with the formulas
set forth in the current DARA resolution.
(3)
The surcharge computations shall be based on the wastewater
sample analyses for the most recent complete calendar quarter. Surcharges
shall be based on wastewater sample analyses (or, in the absence thereof,
on DARA's estimates) for the calendar quarter which they apply. The
surcharge formulas are independent of each other and measure different
characteristics of the same wastewater. Surcharges measured by each
formula are cumulative.
(4)
The surcharge billings shall be in addition to any other quarterly sewer use charge paid by the user to the municipality to whose sewer system the user is connected. Payment of a surcharge shall not relieve the user of its obligation to comply with the mass loading limits listed in § 235-24C of this article.
(5)
DARA shall bill the amount of the surcharge to the
municipality to whose sewer system the high-strength discharger is
connected in its next regular billing after the determination of the
surcharge, and the municipality shall pay same under the terms and
on the same schedule as the other amounts due under that bill.
D.
DARA shall
establish local discharge limits regulating the discharge of specific
pollutants to the sewerage system by industrial users. Local discharge
limits may be established for any substance which is discharged, or
likely to be discharged, to the sewerage system. The local discharge
limits, which may be amended from time to time, are appended hereto
as Exhibit 1, Local Discharge Limits.
[Added 3-18-2009 by Ord. No. 2009-01]
|
Exhibit 1
Local Discharge Limits
| ||
|---|---|---|
|
Pollutant
|
End-of-Pipe Charge Limit
(mg/l)
| |
|
Cadmium
|
0.14
| |
|
Chromium
|
1.32
| |
|
Copper
|
2.55
| |
|
Lead
|
0.14
| |
|
Mercury
|
0.002
| |
|
Nickel
|
1.83
| |
|
Silver
|
0.05
| |
|
Zinc
|
2.18
| |
|
Phenolics
|
0.12
| |
A.
General.
(1)
No person shall discharge industrial wastewater into the sewerage system in violation of § 235-23 hereof unless the person discharging the same has submitted a complete and accurate industrial waste discharge questionnaire to DARA in the form prescribed by the Executive Director and has been issued an industrial waste discharge permit or has been issued a written determination by the municipality or the Executive Director that a permit is unnecessary for the discharge described in the questionnaire.
(2)
Where a proposed discharge is believed by DARA to
have a reasonable potential for adversely impacting the sewerage system,
DARA may require treatability studies to be performed by the industrial
user on the proposed wastewater in order to demonstrate its compatibility
with the sewerage system. When such studies are required by DARA,
they shall be preceded by the submittal of a treatability study plan
by the industrial user to DARA for review and approval. All costs
associated of preparing the treatability study plan and perform the
treatability study shall be borne by the industrial user. DARA reserves
the right to reject any treatability plan it feels is inadequate to
show the treatability of a given wastewater.
B.
Qualitative limits.
(1)
DARA shall establish local discharge limits regulating
the discharge of specific pollutants to the sewerage system by industrial
users. Local discharge limits may be established for any substance
which is discharged, or likely to be discharged, to the sewerage system.
(2)
Local discharge limits may limit concentration, mass
or a combination of the two.
(3)
The procedure for the calculation of local discharge
limits shall be as recommended by the approval authority.
(4)
Local discharge limits shall be calculated to prevent
interference; pass-through; the discharge of toxic materials in toxic
amounts; threats to worker health and safety; and physical, chemical
or biological damage to the sewerage system.
(5)
Local discharge limits applicable to industrial users
shall be adopted by resolution of DARA. Local discharge limits applicable
to all significant industrial users shall be included in all industrial
waste discharge permits.
(6)
Discharging any pollutant in excess of a local discharge
limit established for that pollutant shall be a violation of this
article.
C.
Mass loading limits. No industrial wastewater discharged
into the sewerage system shall exceed the following mass loadings:
(1)
For industrial wastewater discharges less than 17,000
gallons per day (gpd) on a calendar quarter average:
(2)
For industrial wastewater discharges greater than
17,000 gallons per day (gpd) on a calendar quarter average (where
Q is the average monthly flow limit, in units of million gallons per
day, set forth in the industrial waste discharge permit):
(a)
Eight thousand three hundred forty x Q pounds
per day of BOD.
(b)
Eight thousand three hundred forty x Q pounds
per day of TSS.
(c)
Six hundred twenty-five x Q pounds per day of
TKN.
(d)
Sixteen thousand six hundred eighty x Q pounds
per day of COD.
(e)
Two hundred thirty x Q pounds per day of phosphorus.
D.
Spills or slug loads.
(1)
Prevention; slug control plan.
(a)
All industrial users shall provide and maintain at their own expense facilities adequate to prevent an accidental discharge or slug load of any substance stored or used at the industrial user's facilities that, if discharged into the sewerage system, will violate any of the provisions of § 235-23A or 235-24B of this article. Slug control plans shall be submitted, as requested, to the municipality to whose sewer system the industrial user is connected and DARA, detailing the facility plans and operating procedures to be utilized by the industrial user for this protection. Slug control plans shall contain, at a minimum, the following information:
[1]
A description of discharge practices, including
nonroutine discharges; description of stored chemicals.
[2]
Procedures for immediately notifying the Executive
Director and the municipality to whose collection system the industrial
user is connected of accidental discharges and slug loads into the
sewer system.
[3]
Procedures to prevent adverse impacts from such
discharges and procedures to prevent reoccurrence of all such discharges.
(b)
All existing industrial users shall also provide
the Authority with a copy of its slug control plan, or demonstrate
to the satisfaction of DARA that such a plan is not needed, within
180 days of the adoption of this article. Industrial users proposing
to connect to the sewerage system after the effective date of this
article shall submit a copy of its slug control plan to the municipality
to whose sewer system the industrial user will connect and to DARA
for approval, or demonstrate to the satisfaction of DARA they are
not needed, before connection to the sewerage system. Review of such
plans and operating procedures shall not relieve the industrial user
from the responsibility to modify the industrial user's facility as
necessary to meet the requirements of this article. In addition, where
an industrial user plans or becomes aware of a change in its method
of operation that may affect its potential to create a slug load to
the public sewer system, the user shall notify DARA and the Borough
of Downingtown of the change so that DARA or the Borough may reevaluate
the need for a slug control plan from the user.
[Amended 8-1-2007 by Ord. No. 2007-09]
(2)
In the case of a slug load to the sewerage system
of any pollutant, the industrial user shall immediately notify by
telephone the Executive Director and the municipality to whose collection
system the industrial user is connected of the incident. The notification
shall include information regarding the location of the discharge,
the kind of pollutants involved, the concentration and volume of the
discharge and corrective actions planned or taken.
(3)
Within five days following a slug load, the industrial
user shall submit to the municipality to whose sewer system the industrial
user is connected, and to the Executive Director, a detailed written
report describing the cause of the discharge and the measures to be
taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial users of any liability
on account thereof.
(4)
A notice shall be permanently posted by each industrial
user on a bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge or slug load.
Employers shall inform all employees who may cause or allow a slug
load to occur of the emergency notification procedure.
E.
National Categorical Pretreatment Standards. If the
National Categorical Pretreatment Standards, located in 40 CFR Chapter
I, Subchapter N, Parts 405 through 471, for any industrial user are
more stringent than limitations imposed under this article for industrial
users in that subcategory, then the pretreatment standards shall apply
and are hereby incorporated in this article. The DARA shall notify
all affected industrial users of the applicable [reporting] requirements
under 40 CFR 403.12. If an industrial user, subject to a National
Categorical Pretreatment Standard, has not previously submitted an
application for an industrial waste discharge permit, the industrial
user shall apply for a permit within 90 days of promulgation of the
National Categorical Pretreatment Standard.
F.
Dilution prohibition. Except where expressly authorized to do so by an applicable pretreatment standard or pretreatment requirement, no industrial user shall increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. DARA may impose mass limitations (in addition to those imposed under Subsection C) on industrial users in cases where the imposition of mass limitations is appropriate.
G.
State requirements. State requirements and limitations
on industrial wastewater discharges shall apply in any case where
they are more stringent than federal requirements and limitations
or those in this article.
H.
DARA's right of revision. DARA reserves the right
to establish more stringent limitations or requirements on discharges
to the sewerage system.
I.
Industrial waste discharge permits.
(1)
General.
(a)
No significant industrial users shall connect
to or discharge wastewater to the sewerage system without an industrial
waste discharge permit. Nonsignificant industrial users may also be
required to have an industrial waste discharge permit depending on
the nature and quantity of their discharge, subject to the Authority's
discretion.
[Amended 8-1-2007 by Ord. No. 2007-09]
(b)
Industrial users that are not required by the
Authority to have an industrial waste discharge permit may discharge
industrial wastewater into the sewerage system, but are required to
comply with all other provisions of this article. If an industrial
user makes changes to the processes, flow, wastewater concentration,
wastewater characteristics, or other operations reported in the most
recent industrial waste discharge questionnaire filed by the user
with DARA, the user shall immediately, upon becoming aware such a
discharge has occurred or 90 days prior to such a change if it is
planned, notify DARA and the municipality and the Borough of Downingtown
and a determination will be made by the authority and/or the Borough
whether the changes necessitate the issuance of an industrial waste
discharge permit to the user.
[Amended 8-1-2007 by Ord. No. 2007-09]
(c)
Where an industrial user, subject to a newly
promulgated National Categorical Pretreatment Standard, has not previously
submitted an application for an industrial waste discharge permit,
the user shall, within 90 days after the promulgation of the applicable
National Categorical Pretreatment Standard:
(2)
Permit application.
(a)
All industrial users shall file with the Borough
a complete and accurate industrial waste discharge permit application
in the form prescribed by DARA.
[Amended 8-1-2007 by Ord. No. 2007-09]
(b)
The application for an industrial waste discharge
permit shall be fully completed and verified in writing by the industrial
user, or a duly authorized and knowledgeable officer, agent or representative
thereof. The application shall contain in units and terms appropriate
for evaluation such scientific or testing data, or other information,
as may be required by DARA or the municipality to whose sewer system
the industrial user is proposing to connect and shall pay an application
fee and shall reimburse DARA and said municipality all expenses incurred
as a result of the processing of the signed application. DARA shall
have, at its discretion, the right to inspect the premises, equipment
and material and laboratory testing facilities of the applicant.
(c)
Notwithstanding the above, the applicant shall
provide the following minimum information to the municipality to whose
sewer system it is proposing to connect:
[1]
Name and address of the user; name, title and
telephone number of responsible official; name, title and phone number
of person to contact for information about the industrial waste discharge.
[2]
Description of the industry and the manufacturing
processes or operations that occur there and the types of products
that are produced.
[3]
Applicable standard industrial classification
codes for activities conducted at the facility.
[4]
Statement on whether the industry is subject
to compliance with National Categorical Pretreatment Standards and
which ones apply.
[5]
Indication and description of the sources of
or the processes that produce industrial wastewaters.
[6]
Wastewater constituents and characteristics
as required by DARA and 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
on 40 CFR 136, as amended. If the discharge is from a proposed new
discharge, wastewater characteristics shall be estimated.
[7]
Volume of industrial wastewater to be discharged
to the sewerage system and the methods of measuring the same. Flow
volume information shall include the time and duration of the discharge
and the average daily and thirty-minute peak wastewater flow rates,
including monthly and seasonal variations, if any.
[8]
Description of any wastewater treatment facilities
or processes used or proposed to be used to treat the industrial wastes
prior to their discharge to the sewerage system.
[9]
Schematic flow diagram showing the existing
and proposed sources of industrial wastewater and the on-site treatment
processes.
[10]
The quantity of sludge removed from the system
and their method and location of disposal.
[11]
Description of any other wastes that are removed
from the system, their quantities and methods and locations of disposal.
[12]
List of raw materials used or stored on the
premises, their material safety data sheets, their approximate quantity
of usage on a monthly basis and what they are used for.
[13]
Plans and specifications for a sampling manhole.
[14]
A list of any additional environmental control
permits held by or for the facility, such as air quality permits,
RCRA permits, stormwater management permits, etc.
[15]
Such additional information as the municipality
or DARA shall request.
(d)
Application review; issuance or denial.
[1]
The industrial waste permit application shall
be reviewed by the Borough of Downingtown and, if acceptable, submitted
to the Executive Director for review. The Executive Director will
review the application and make a determination as to whether a permit
will be required for the discharge.
[2]
No industrial waste discharge permit shall be
issued to an industrial user whose discharge of materials to sewers,
whether shown upon the application or determined after inspection
and testing conducted by the municipality or DARA, is not in conformance
with federal, state, municipality or DARA statutes or resolutions.
If an application is denied, the Executive Director shall state, in
writing, the reason or reasons for denial, and said written communication
shall be delivered to the municipality and the applicant.
(e)
If the Executive Director denies an application
for an industrial waste discharge permit, the DARA Board shall review
the denial, provided that the significant industrial user gives written
notice requesting the review, with appropriate support information
within 30 days after receipt of the denial. The DARA Board shall review
the industrial waste discharge permit application, the written denial
and such other evidence and matters as the applicant shall present
at its next regular meeting following receipt of the significant industrial
user's request for the review. The Board's decision shall be provided
to the industrial user within 10 days of the meeting and shall be
final.
(f)
If, based on the characteristics of the significant
industrial user's waste discharge, additional pretreatment and/or
operation and maintenance procedures are required to meet any DARA,
municipal, state or federal pretreatment standards, the significant
industrial user shall submit to DARA, prior to issuance of the industrial
waste discharge permit, the shortest, reasonable schedule by which
the significant industrial user will provide such additional pretreatment.
The DARA shall include an acceptable compliance schedule in the user's
industrial waste discharge permit. The completion date in this schedule
shall be no later than the compliance date established by the EPA
for the applicable National Categorical Pretreatment Standards. The
following conditions apply to this schedule:
[1]
The schedule shall contain increments of progress
in the forms of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the significant industrial 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.)
[2]
No increment shall exceed nine months.
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the significant industrial
user shall submit to DARA and the municipality to whose sewer system
it is connected a report, 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 delay and the steps being taken by the
significant industrial user to return the construction to the schedule
established. In no event shall more than nine months elapse between
such progress reports to DARA and the municipality.
(3)
Permit modifications. As soon as possible following
the promulgation of a National Categorical Pretreatment Standard,
the industrial waste discharge permit of a user subject to such standards
shall be revised, if necessary, to require compliance with such standard
within the time prescribed by such standard.
(4)
Permit conditions.
(a)
Industrial waste discharge permits shall be
expressly subject to all provisions of this article and all other
applicable regulations, resolutions, user charges and fees established
by DARA and the Borough of Downingtown.
[Amended 8-1-2007 by Ord. No. 2007-09]
[1]
Permits shall contain the following:
[a]
Effluent limits, including best management practices,
based on applicable general pretreatment standards in 40 CFR, Part
403, categorical standards, local limits, and state and local law.
[b]
Requirements for submission of technical reports
or discharge reports, including the information to be contained and
the signatory requirements of these reports.
[c]
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by DARA and
affording DARA and the municipality to whose sewer system the significant
industrial user is connected access thereto.
[d]
Requirements for notification of DARA and the
municipality in advance of any new introduction of wastewater constituents
or any substantial change in the volume or character of the wastewater
constituents being introduced into the sewerage system.
[e]
Requirements for notification of slug discharges.
[f]
List of prohibited discharges.
[g]
Statement of duration of the permit.
[h]
Notification of the rules regarding transferability.
[i]
Notification of penalties provided for noncompliance.
[j]
Specifications for monitoring programs which
may include sampling locations, frequency of sampling, number, types
and standards for tests and reporting schedule.
[k]
Right of entry requirements for authorized representatives
of DARA and the municipality to whose sewer system the user is connected.
[l]
Indemnification of DARA and the municipality
on account of the discharge.
[2]
Permits may also contain other requirements,
including but not limited to:
[a]
Limits on the average and maximum rate and time
of discharge or requirements for flow regulation and equalization.
[b]
Requirements for installation and maintenance
of inspection and sampling facilities and pretreatment facilities.
[c]
Compliance schedules.
[d]
Other conditions as deemed appropriate by DARA
or the municipality to whose sewer system the industrial user is connected
to ensure compliance with this article, municipal ordinances or other
requirements.
(b)
Issuance of an industrial waste discharge permit
in no way relieves the industrial user from any liability on account
of its discharge into the sewerage system, whether the discharge is
permitted thereby or not.
[Amended 8-1-2007 by Ord. No. 2007-09]
(5)
Permit duration. Industrial waste discharge permits
shall be issued for a one-year period. If DARA or the municipality
to whose sewer system the industrial user is connected elects not
to cancel the permit on or before its anniversary, the permit will
automatically renew itself for another period of one year upon payment
by the industrial user of the applicable permit renewal fee. The terms
and conditions of the permit shall be subject to modification by DARA
or the municipality during the term of the permit. The significant
industrial user shall be informed of any proposed changes in its permit
at least 30 days prior to the effective date of change. DARA and the
municipality shall use their best efforts to inform the significant
industrial user at least 60 days prior to the effective date. In the
event that such changes require major changes in pretreatment by the
significant industrial user, and the significant industrial user's
failure to comply with the amended discharge requirements does not
itself or with other failures to comply put DARA or the municipality
in substantial danger of violating any agreement, permit, regulation
or law, then the significant industrial user shall be allowed a reasonable
period of time to comply with the changes, provided that the significant
industrial user requests a time extension and submits to DARA and
the municipality an implementation schedule acceptable to DARA and
the municipality within the sixty-day period.
(6)
Permit transfer. Industrial waste discharge permits
are issued to a specific industrial user for a specific operation.
An industrial waste 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 approval of DARA and the Borough of Downingtown.
The succeeding owner or user shall also comply with the terms and
conditions of the existing industrial waste discharge permit.
[Amended 8-1-2007 by Ord. No. 2007-09]
(7)
Waste characteristic change. Any industrial user who
plans or becomes aware of a change in the method of operation or in
the pretreatment facilities which will increase the concentration
of pollutants which are regulated by this article or the volume of
wastewater discharged to the sewerage system shall notify DARA and
the municipality to whose sewer system the industrial user is connected
of the change at least 90 days prior to such change. If required by
DARA or the municipality, the industrial user shall apply for an industrial
waste discharge permit that reflects the proposed changes. The new
industrial waste discharge permit will be subject to a fee to reimburse
DARA and the municipality for all expenses incurred as a result of
the processing of the permit. Approval or denial of a new industrial
waste discharge permit shall be regulated by the procedures established
hereunder for the issuance of an original permit.
(8)
Files. The municipality to whose sewer system the
significant industrial user is connected shall maintain files in which
copies of all industrial waste discharge permits, revisions thereto
and supporting data will be filed for reference. Files shall be maintained
for a period of at least five years. This period of retention shall
be extended during the course of any unresolved litigation regarding
the significant industrial user or the DRWPCC or when requested by
DARA, the Director of EPA or the Regional Administrator of EPA.
J.
Reporting requirements for significant industrial
users.
(1)
Compliance date report. Within 90 days following the
date for final compliance with applicable National Categorical Pretreatment
Standards or, in the case of a new source, following commencement
of the introduction of wastewater into the sewerage system, any user
subject to National Categorical Pretreatment Standards shall submit
to DARA and the municipality to whose sewer system the user is connected
a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by categorical
standards and the average and maximum daily flow from these process
units in the user's facility which are limited by such categorical
standards. The report shall state whether the applicable categorical
standards are being met on a consistent basis and, if not, what additional
operations and maintenance and/or pretreatment are scheduled to bring
the significant industrial user into compliance with the applicable
categorical standards. This statement shall be signed by an authorized
representative of the user and certified by a qualified professional.
(2)
Periodic compliance reports.
(a)
Each permitted industrial user shall submit
to DARA and to the Borough of Downingtown, during the months of April,
July, October and January, or as specified in the user's industrial
waste discharge permit or by DARA, a complete and accurate report
indicating the nature and concentration of pollutants in the discharge
during the reporting period which are regulated by the industrial
waste discharge permit. All monitoring data obtained for purposes
of determining compliance with the industrial waste discharge permit
by certified analytical techniques must be reported by the user. In
addition, this report, where applicable, shall include a record of
all daily flows which, during the recording period, exceed the maximum
of daily flow listed in the industrial waste discharge permit. At
the discretion of DARA and in consideration of such factors as high
or low flow rates, holidays, budget cycles, etc., DARA upon written
request from the user may agree to alter the months on which the above
reports are to be submitted. The report shall also contain the following
certification statement signed by the authorized representative of
the user:
[Amended 8-1-2007 by Ord. No. 2007-09]
|
I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
|
(b)
DARA may impose mass limitations where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection J(2)(a) of this article shall state the mass of pollutants regulated by categorical standards in the significant industrial user's discharge to the sewerage system. 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 DARA, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the significant industrial user's industrial waste discharge permit. All 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 and amendments thereto or with any other test procedures approved by the EPA.
(c)
For categorical industries that have mass limits
as categorical standards, DARA may specify equivalent concentrations
to regulate the strength of the industrial user's discharge. If concentration
limits are regulated in lieu of mass discharge limits, the user must
provide DARA with the following information as part of each compliance
report:
[Amended 8-1-2007 by Ord. No. 2007-09]
(d)
The industrial wastewater discharged into the sewerage system shall be sampled and analyzed by and at the expense of the significant industrial user, and copies of the original laboratory reports listing the results of the analyses and the analytical methods used shall be submitted to DARA and the municipality to whose sewer system the significant industrial user is connected, with the significant industrial user's periodic compliance report required in Subsection J(2)(a) of this article. Frequency of sampling and analyses shall be at quarterly, or as specified by the industrial waste discharge permit or DARA. Unless otherwise stated in the industrial waste discharge permit, all samples are to be time composite samples for the period of discharge or for 24 hours, whichever is less, with sampling intervals of not more than one hour. The samples shall be analyzed for the substances and characteristics required by the significant industrial user's industrial waste discharge permit and shall be representative of the conditions occurring during the reporting period. The significant industrial user shall follow the proper sample preservation and analysis techniques detailed in 40 CFR 136 or other approved techniques approved by DARA.
(e)
All records and information resulting from the
monitoring activities required by the industrial waste discharge permit
shall be retained by the significant industrial user for at least
five years. This period of retention shall be extended during the
course of any unresolved litigation regarding the significant industrial
user or the DRWPCC or when requested by DARA or the Director of the
EPA or the Regional Administrator of the EPA.
(3)
Baseline monitoring report.
(a)
Where a significant industrial user, subject
to a newly promulgated National Categorical Pretreatment Standard,
has not previously submitted the baseline monitoring information required
by 40 CFR 403.12(b), the significant industrial user shall, within
180 days after the promulgation of the applicable National Categorical
Pretreatment Standard, provide this information to DARA. The report
shall include all items required by 40 CFR 403.12(b).
(b)
A new source, or a user proposing to discharge
wastes into the sewerage system that is subject to a National Categorical
Pretreatment Standard, shall submit to DARA the baseline monitoring
report required by 40 CFR 403.12(b) at least 90 days prior to commencement
of discharge from the regulated process or facility.
(4)
Noncomplying discharge report. If sampling performed
by a significant industrial user indicates a violation of this article,
an applicable pretreatment standard, or the significant industrial
user's industrial waste discharge permit, the significant industrial
user shall notify DARA and the municipality to whose sewer system
the significant industrial user is connected, within 24 hours of becoming
aware of the violation. The industrial user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to DARA and the municipality within 30 days after becoming aware of
the violation.
K.
Monitoring facilities.
(1)
All significant industrial users shall provide and
operate, at their own expense, monitoring facilities to allow inspection,
sampling and flow measurement of its industrial waste discharge. The
monitoring facility should normally be situated on the significant
industrial user's premises, but the municipality to whose sewer system
the significant industrial user is connected may, when such a location
would be impractical or cause undue hardship on the significant industrial
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.
(2)
The monitoring facility shall be constructed in accordance
with plans and specifications approved by DARA and the municipality
to whose sewer system the significant industrial user is connected
or is proposing to connect. There shall be ample room in or near such
facility to allow accurate sampling and preparation of samples for
analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at
the expense of the significant industrial user. The facility shall
be located as to be accessible at all times to persons authorized
by DARA or the municipality. By obtaining an industrial waste discharge
permit, the significant industrial user consents to the entry upon
its land, and agrees to facilitate such entry, by representatives
of DARA and the municipality and consents to the use of the monitoring
facility for observation, sampling and measuring of the wastewater
discharge at all times. Construction of the monitoring facility shall
be completed within 120 days following issuance of the industrial
waste discharge permit.
L.
Inspection and sampling. DARA or the municipality
to whose sewer system the industrial user is connected may inspect
the facilities of any industrial user. Persons or occupants of premises
where wastewater is created or discharged shall allow DARA or its
representative, or the municipality or its representative, ready access
at all reasonable times to all parts of the premises for the purpose
of inspection, sampling, records examination and copying or in the
performance of any of their duties. DARA, the municipality and the
EPA shall have the right to set up on the industrial user's property
such devices as are necessary to conduct sampling inspection, compliance
monitoring and/or metering operations. Where an industrial user has
security measures in force which would require proper identification
and clearance before entry into their premises, the industrial user
shall make necessary arrangements with its security guards so that
upon presentation of suitable identification, personnel from DARA,
the municipality or the EPA will be permitted to enter, without delay.
M.
Pretreatment.
(1)
Significant industrial users shall provide necessary
pretreatment and flow-equalizing facilities as required to comply
with this article and shall achieve compliance with all applicable
National Categorical Pretreatment Standards within the time limitations
as specified by the appropriate federal regulations. Any facilities
required to pretreat or flow-equalize wastewater to a level in compliance
with the provisions of this article shall be provided, operated and
maintained at the industrial user's sole expense. Detailed plans showing
the pretreatment facilities and operating procedures shall be submitted
to DARA and the municipality to whose sewer system the industrial
user is connected for review before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the industrial user from the responsibility of modifying the facility
as necessary to produce an effluent in compliance with the provisions
of this article. Any subsequent changes in the pretreatment facilities,
flow-equalizing facilities or method of operation shall be reported
to and be approved by DARA and the municipality prior to the industrial
user's initiation of the changes.
(2)
A significant industrial user may allow a bypass which
does not cause pretreatment standards to be violated, but only for
essential maintenance to assure efficient operation. If a significant
industrial user knows in advance of the need for a bypass, it shall
submit prior notice to DARA and the municipality to whose sewer system
it is connected, if possible, at least 10 days before the date of
the bypass. A significant industrial user shall give oral notice of
an unanticipated bypass that exceeds applicable pretreatment standards
to DARA and the municipality within 24 hours from the time the significant
industrial user becomes aware of the bypass. A written report shall
also be provided within five days of the time the significant industrial
user becomes aware of the bypass. The written report shall contain
a description of the bypass and its cause; the duration of the bypass,
including exact dates and times and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate and prevent reoccurrence of the bypass.
(4)
All records relating to compliance with pretreatment
standards and pretreatment requirements shall be made available to
officials of the EPA upon request.
(5)
DARA and the municipality to whose sewer system the
industrial user is connected shall have access to all such pretreatment
facilities and flow-equalizing facilities as required by this article
at all reasonable times for purposes of inspection and testing.
(6)
The municipality to whose sewer system an industrial
user is connected shall reimburse DARA for all of its expenses incurred
as a result of review, monitoring, application processing, sampling
or any other activities conducted by DARA and directly related to
ensuring the industrial user's compliance with the provisions of this
article.
N.
Hazardous waste discharge notification.
(1)
An industrial user discharging any quantity of waste
to the sewerage system which, if otherwise disposed of, would be an
acute hazardous waste under 40 CFR 261 shall provide a one-time notification
to the DARA, the EPA Region III Waste Management Division Director
and the state hazardous waste authorities.
(2)
The notification required by Subsection N(1) of this article shall include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, the type of discharge (continuous, batch or other) and a certification that the industrial user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. If the industrial user discharges more than 100 kilograms of such waste in a month to the sewerage system, the notification shall also include an identification of the hazardous constituents contained in the waste, as estimation of the mass and concentration of such constituents discharged during the month and an estimation of the mass of constituents expected to be discharged by the industrial user to the sewerage system during the following twelve-month period.
(3)
If an industrial user discharges a nonacute hazardous waste under 40 CFR 261 to the sewerage system, the industrial user shall provide the one-time notification described in Subsection N(2), if the total mass of hazardous waste discharged to the sewerage system during any month exceeds 15 kilograms.
O.
Confidential information.
(1)
Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits, notifications
and monitoring programs and from inspections shall be available to
the public or other governmental agency without restriction unless
the industrial user specifically requests, in writing, and is able
to demonstrate to DARA's satisfaction that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the industrial user.
(2)
When requested by the person furnishing a report,
those portions of a report that have been accepted by DARA as confidential
shall not be made available for inspection by the public but shall
be made available upon written request to governmental agencies for
uses related to this article, the NPDES permit, state disposal system
permit and/or the state or federal pretreatment programs; provided,
however, that such portions of any 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.
(3)
When information accepted by DARA as confidential
is transmitted to any governmental agency by DARA, a notification
to the industrial user shall be provided by DARA listing the confidential
information transmitted and the governmental entity requesting the
information.
P.
Measuring volumes of wastewater.
(2)
The municipality shall require that each significant
industrial user connected to its sewer system issued an industrial
waste discharge permit install and use any meter or measuring device
specified therein at the significant industrial user's own expense.
The municipality shall be responsible for the reading of all meters
or measuring devices. DARA may read the meters from time to time at
its discretion. The meters and devices shall be made available for
meter reading at any reasonable time.
Q.
Charges and fees.
[Added 8-1-2007 by Ord. No. 2007-09]
(1)
The Authority or the Borough may adopt through resolutions
charges and fees for implementing and enforcing the pretreatment program,
including:
(a)
Fees for reimbursement of the costs of setting
up and implementing the industrial pretreatment program;
(b)
Fees for monitoring, inspections, and sampling
associated with the industrial pretreatment programs;
(c)
Fees for reviewing accidental discharge procedures
and construction plans;
(d)
Fees for review of permit applications;
(e)
Fees associated with the review of permit appeals;
(f)
Fees for consistent removal by the Authority
of pollutants otherwise subject to federal pretreatment regulations;
(g)
Other fees the Authority may deem necessary
to carry out the requirements contained herein;
(2)
These fees relate solely to the matters covered by
the resolutions of the Authority and by the Borough and are separate
from any and all fees chargeable by the Authority or the Borough of
Downingtown.
A.
Immediate suspension by municipality of discharge
presenting imminent danger by any user.
(1)
A municipality shall order the suspension of discharge
of wastewater by any user when so directed by DARA. DARA may direct
such a suspension when such suspension is necessary, in the opinion
of DARA, in order to stop an actual or threatened discharge which
presents an imminent danger or harm to people or to the environment
or of interference ("dangerous discharge").
(2)
Any user notified of an order to suspend shall comply
therewith immediately. In the event of a failure of the user to comply
voluntarily with the suspension order, the municipality to whose sewer
system the user is connected shall take such steps as it deems necessary
and, if directed by DARA, as directed by DARA, including immediate
severance of the sewer connection, to effect the suspension of discharge
of the user's wastewater into the sewerage system. The municipality
shall permit reinstatement of the discharge upon proof satisfactory
to itself and DARA of the elimination of the imminent and substantial
danger referred to above. The user shall submit a detailed written
statement to DARA describing the causes of the actual or threatened
discharge and the measures taken to prevent any future occurrence
within 15 days of the date of the first such discharge or threat of
discharge.
(3)
Nothing herein shall be construed to prohibit DARA
from seeking injunctive relief hereunder or at common law or taking
other enforcement action in connection with a dangerous discharge.
B.
Termination of service of any user. Any user who violates
any condition of this article, applicable state and federal regulations
or an industrial waste discharge permit, if applicable, is subject,
in addition to any civil or criminal penalties which may be imposed,
to having his service terminated and/or his industrial waste discharge
permit revoked.
C.
Notification of violation by any user. Whenever DARA
or a municipality to whose sewer system a user is connected finds
that the user has violated or is violating this article, an industrial
waste discharge permit, or any prohibition, limitation or requirements
contained herein, or has failed to provide the Executive Director
with the information needed to accurately determine compliance with
any pretreatment standard or requirement, the municipality or DARA
may, and the municipality at the direction of DARA shall, serve upon
such person a written notice of violation. The notice may require
a response in the form of a plan, explanation, compliance schedule
or other appropriate response within a specified time period. Compliance
with any such requirement is mandatory.
D.
Legal action by municipalities. If any user violates
the provisions of this article, federal or state pretreatment requirements
or any order related to sewer service of the municipality to whose
sewer system the user is connected, the municipality may and, at the
direction of DARA shall commence an action for appropriate legal and/or
equitable relief in the Court of Common Pleas of this county.
E.
Enabling ordinance. Each municipality shall, within 90 days after adoption of this article, enact an ordinance imposing the discharge restrictions (and require compliance with the industrial waste discharge permit), charges and reporting and monitoring requirements no less stringent than those set forth in §§ 235-23 and 235-24 hereof on all users within its jurisdiction and establishing procedures for compliance with § 235-25 hereof. Each such ordinance shall be amended as necessary to the same effect within 60 days after any amendment to this article.
F.
Civil penalty assessment policy for industrial users. DARA shall adopt a formal, written civil penalty assessment policy from time to time and make the same available to the public. Industrial users participating in the pretreatment program (the "pretreatment program") established under § 235-24 of this article shall be given notice of the policy.
G.
Procedure for assessment of civil penalties against
industrial users.
(1)
The Executive Director may recommend civil penalties against any industrial user who violates a provision of this article or its industrial waste discharge permit, that is in significant noncompliance or which fails to respond adequately to any notice of violation issued by the Executive Director, in accordance with the DARA Civil Assessment Policy. In assessing such penalties, DARA shall provide the noncomplying user with the opportunity to show cause why a civil penalty pursuant to § 235-26C hereof should not be assessed. Notice shall be served upon the industrial user specifying the time and place of a hearing to be held by DARA for that purpose. Notice shall be served at least 20 days before the hearing by any means permitted under the rules of court of the Commonwealth of Pennsylvania.
(2)
If the hearing is held, the DARA Board or its designated
hearing officer (which may be a Board member, its solicitor, consulting
engineer or a DARA employee other than the Executive Director) will
conduct the hearing and take evidence thereat and shall proceed to:
(a)
Issue in the name of DARA notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
(b)
Take the evidence; and
(c)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to DARA for action thereon.
(3)
Testimony at the hearing shall be under oath and recorded
stenographically or with a recording device. A transcript shall be
made available to anyone upon payment of the charges therefor.
(4)
After the hearing, if the hearing was before the Board
of DARA or, after receipt of the report of evidence and hearing together
with the recommendation of the hearing officer, DARA may assess a
civil penalty as set forth herein.
(5)
Notice of such assessment shall be sent to the industrial
user against whom the assessment has been made together with a description
of the applicable appeals process, including the name, address and
telephone number of the person responsible for accepting an appeal.
H.
Injunctions against violations of pretreatment standards.
(1)
DARA may seek injunctive relief against the violation
of any pretreatment standard in any of the following circumstances:
(a)
A discharge from an industrial user presents
an imminent danger of substantial harm to the DRWPCC or the public.
(b)
A discharge from an industrial user presents
an imminent or substantial endangerment to the environment.
(c)
A discharge from an industrial user causes DARA
to violate any condition of its NPDES permit.
(d)
An industrial user has shown a lack of ability
or intention to comply with a pretreatment standard.
A.
Fines. Any user who is found to have violated this
article may be fined up to $1,000 for each offense. Each day on which
a violation shall occur or continue shall be deemed a separate and
distinct offense.
[Amended 8-1-2007 by Ord. No. 2007-09]
C.
Civil penalties for violations by industrial users. Any industrial user who violates any substantive or procedural provision of § 235-24 hereof or any term or condition of any industrial waste discharge permit may be assessed a civil penalty by DARA not to exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
D.
Uses of civil penalties collected by DARA. Civil penalties
collected pursuant hereto shall be placed in a restricted account
and shall only be used for the repair of damage and any additional
maintenance needed or any additional costs imposed as a result of
the violation for which the penalty was imposed, to pay any penalties
imposed upon DARA by the federal or state government for violation
of pretreatment standards, for the costs incurred by DARA to investigate
and take enforcement action that resulted in a penalty being imposed,
for the monitoring of discharges in a pretreatment program and for
capital improvements to the DRWPCC which may be required by a pretreatment
program. Funds remaining in the restricted account after the foregoing
uses have been met may be used for capital improvements to the DRWPCC.
E.
DARA will publish on an annual basis in a newspaper
of general circulation that provides meaningful public notice within
the jurisdictions served by the DRWPC a list of those industrial users
which, at any time during the previous 12 months, were in significant
noncompliance as defined in this article.
