[Adopted 3-9-1998 by Ord. No. A-929]
A.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the
Borough of Kane's (borough) wastewater collection and treatment system
which will interfere with its operation, contaminate the biosolids
generated at the wastewater treatment plant, or will otherwise be
incompatible with the system.
(2)
To prevent the introduction of pollutants into the
borough's wastewater collection and treatment system which will be
inadequately treated and thus will pass through the system into the
receiving waters or the atmosphere
(3)
To protect the environment, the general public and
borough personnel against the hazards associated with discharges of
toxic or otherwise incompatible pollutants into the sewer system.
(4)
To improve the opportunity to recycle and reclaim
industrial wastewaters and biosolids from the wastewater treatment
system.
(5)
To provide for equitable distribution of the cost
for the development and implementation of the borough's Industrial
Pretreatment Program, and other improvements to the wastewater collection
and treatment system.
(6)
To help assure borough compliance with its National
Pollutant Discharge Elimination System (NPDES) permit, biosolids use
and disposal requirements, the Clean Water Act, the general pretreatment
regulations, and any other state or federal laws with which the borough
must comply.
B.
This article will be implemented by the borough through
issuance of permits to those industrial/commercial users deemed a
significant industrial user, through monitoring, reporting, and enforcement
of this article with these significant industrial users; and through
enforcement of general requirements for all other users. This article
also assumes that the capacity of the sewer system allocated to existing
customers will not be preempted, and provides for the setting of fees
for the equitable distribution of costs resulting from the program
established herein.
C.
This article shall apply to persons located both within
and outside the borough's political jurisdiction, who are users or
significant industrial users of the collection system serviced by
the borough. Except as otherwise provided herein, the provisions of
this article shall be administered and enforced by the borough.
D.
Nothing contained in this article shall be construed
as preventing any special agreement or arrangement between the borough
and any significant industrial users within the borough, allowing
a waste of unusual strength or character to be accepted by the borough
through special agreements in writing, executed prior to such acceptance,
containing safeguards, limitations, and conditions acceptable to the
borough. Any such agreement or arrangement shall not allow a discharge
that exceeds categorical standards.
Unless the context specifically indicates otherwise,
the following terms and phrases as used in this article shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 53 U.S.C. § 1251 et. seq.
The United States Environmental Protection Agency (EPA).
If the user is a corporation, a responsible
corporate officer is: a president, secretary, treasurer, or vice president
of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision-making functions
for the corporation; or the manager of one or more manufacturing,
production, or operation facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25,000,000
(in second quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a local, state or federal governmental
agency: a director or highest appointed official designated to oversee
the operation and performance activities of the facility, or his designee.
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 the
borough.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20º C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
The Borough of Kane, which owns and operates the wastewater
collection and treatment system for which this article governs.
A sewer conveying wastewater from the premises of a user
to the sewer system.
Any regulation containing pollutant discharge limitations
promulgated by the EPA in accordance with Sections 307(b) and (c)
of the Act and which appear in 40 CFR Chapter I, Subchapter N, or
40 CFR 401-471.
A pollutant for which the borough's Wastewater Treatment
Plant was specifically designed to treat and remove such as Biochemical
Oxygen Demand (BOD5), Total Suspended Solids (TSS), Ammonia Nitrogen
(NH3-N), Total Phosphorus (P), and to a lesser degree oil and grease.
A municipal body which owns and/or operates central collection
sewers which discharge into the borough's wastewater collection and
treatment system.
Refers to the Wastewater Treatment Plant Superintendent,
since the borough has an approved pretreatment program under the provisions
of 40 CFR 403.11.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
A plan developed by the borough which details the response
which will be taken by the borough for various violations of these
rules and regulations, a Categorical Pretreatment Standard, or any
other applicable law.
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
Any source of wastewater into the borough sewer system which
has the following typical wastewater characteristics:
|
Type
|
Amount
| |
|---|---|---|
|
Flow
|
275 gpd
| |
|
Ammonia-Nitrogen
|
25 mg/l as N
| |
|
BOD
|
250 mg/l
| |
|
Phosphate
|
10 mg/l as P
| |
|
Suspended Solids
|
250 mg/l
| |
|
TKN
|
40 mg/l as N
|
Any user of the borough's wastewater collection and treatment
system which commenced operation prior to the publication by the EPA
of proposed Categorical Pretreatment Standards, which will be applicable
to that user after final EPA promulgation of such standards in accordance
with Section 307 of the Act.
A sample which is taken from a waste stream on a one-time
basis over a period of time not to exceed 15 minutes, with no regard
to the flow in the waste stream.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of pollutants into the
collection system, including holding tank waste discharged into the
system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and
(d) of the Act.
Any non-domestic source of indirect discharge to the borough's
sewer system.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the wastewater
collection and treatment system treatment processes, operations, or
its biosolids processes, use or disposal; and therefore is a cause
of a violation of any requirement of the borough's treatment plant
NPDES permit, including an increase or duration of the violation.
The term includes prevention of biosolids use, biosolids processes,
or disposal by the receiving treatment facility 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), the Clean Air Act, the Toxic Substances Control Act, or
more stringent state criteria, including those contained in any state
biosolids management plant prepared pursuant to Title IV of SWDA applicable
to the method of disposal or use employed by the receiving treatment
facility.
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), and which applies to a specific category
of industrial users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any user of the borough's wastewater collection
and treatment system which commenced operation after the publication
by the EPA of proposed Categorical Pretreatment Standards, which will
be applicable to that user after final EPA promulgation of such standards
in accordance with Section 307 of the Act, provided that:
The building, structure, facility, or installation
from which the discharge originates is constructed at a site at which
no other source is located;
The building, structure, facility, or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility, or installation are substantially
independent of an existing source at the same site.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of this Subsection A above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under
this section has commenced if the owner or operator has:
Any placement, assembly, or installation of
facilities or equipment;
Significant site preparation work including
clearing, excavation, or removal of existing buildings, structures,
or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable period of time. Options
to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering and design
studies do not constitute a contractual obligation under this section.
A discharge which exits the borough's treatment plant into
waters of the United States in quantities or concentrations which,
alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the borough's
NPDES permit (including an increase in the magnitude or duration of
a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, any other legal entity, or any of their legal representatives,
agents or assigns. The masculine gender shall include the feminine.
The singular shall include the plural where indicated by the context.
A measure of the acidity or alkalinity of a solution expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, biosolids, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged 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, 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 the borough's wastewater collection
and treatment system. The reduction or alteration can be obtained
by physical, chemical, or biological processes, or by process changes,
or by other means, except as prohibited by CFR Section 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on a user by
the borough.
Any prohibited discharge standards, categorical pretreatment
standards, or local limits.
Any industrial/commercial user of the borough's wastewater
collection system who:
Is subject to Categorical Pretreatment Standards.
Discharges an average of 25,000 gallons per
day process wastewater to the borough's collection and treatment system.
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the borough treatment plant.
Is designated as such by the borough on the
basis that the user has a reasonable potential for adversely affecting
the operation of the treatment plant, the quality of the biosolids
generated at the borough's WWTP, or for violating any pretreatment
standard or requirement.
A permit issued by the borough to an industrial/commercial user in accordance with § 205-48 of this article.
An industrial user is in significant noncompliance if his
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 pollutant parameter;
Technical review criteria (TRC) violations,
defined as those violations in which 33% or more of all of the measurements
for each pollutant parameter 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 (TRC=1.4 for BOD, TSS, fats, oil and
grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent
limit (daily maximum or longer-term average) that the borough determines
has caused, alone or in combination with other discharges, an interference,
pass-through, or upset at the treatment plant (including endangering
the health of borough personnel or the general public);
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare, or to the environment
or has resulted in the borough exercising its emergency authority
under 40 CFR 403, paragraph (f)(1)(vi)(B), 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 a local control mechanism or enforcement action for starting
construction, completing construction, or attaining final compliance;
Failure to accurately report incidents of noncompliance;
or
Any other violation or group of violations that
the borough determines will adversely affect the overall implementation
of its industrial pretreatment program.
All significant industrial users are required to submit to the borough a Slug Control Plan which meets the criteria set forth in § 205-41 of this article.
Any intentional or accidental discharge at a flow rate or concentration which could cause a violation of any pretreatment standard set forth in accordance with § 205-35 of this article, or in Section 403.5 of the General Pretreatment Regulations.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget 1972.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting exclusively therefrom.
The person designated by the borough to supervise the operation
of the treatment system and who is charged with certain duties and
responsibilities by this article, or his duly authorized representative.
The total suspended matter that floats on the surface or
suspended in water, wastewater or other liquids and which is removable
by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
Clean Water Act, or other acts promulgated by the federal or state
governments.
Any person who contributes, causes, or permits the contribution
of wastewater into the borough collection and treatment system, including
those person(s) who distribute drinking water in the borough's service
area.
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 collection system.
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.
The following abbreviations shall have the designated
meanings:
|
BOD
|
—
|
Biochemical Oxygen Demand
| |
|
CFR
|
—
|
Code of Federal Regulations
| |
|
COD
|
—
|
Chemical Oxygen Demand
| |
|
CWA
|
—
|
Clean Water Act
| |
|
EPA
|
—
|
U.S. Environmental Protection Agency
| |
|
mg/l
|
—
|
Milligrams per liter
| |
|
O&M
|
—
|
Operation and Maintenance
| |
|
NPDES
|
—
|
National Pollutant Discharge Elimination System
| |
|
Borough
|
—
|
Borough of Kane
| |
|
SIC
|
—
|
Standard Industrial Classification
| |
|
SWDA
|
—
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
|
USC
|
—
|
United States Code
| |
|
TKN
|
—
|
Total Kjeldahl Nitrogen
| |
|
TSS
|
—
|
Total Suspended Solids
|
A.
No user or significant industrial user may contribute
or cause to be contributed, directly or indirectly, any pollutant
or wastewater which will cause a pass-through or interference in the
borough's wastewater collection and treatment system, will create
a hazard to the environment, the general public or borough personnel,
or will cause the borough to violate any General Pretreatment Regulation,
NPDES permit or biosolids requirement. These general prohibitions
apply to all such users of a wastewater collection and treatment system,
whether or not the user is subject to National Categorical Pretreatment
Standards or any other national, state or local pretreatment standards
or requirements.
B.
A user or significant industrial user may not contribute
the following substances to any wastewater collection and treatment
system:
(1)
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 wastewater collection and treatment system
or to the operation of the wastewater collection and treatment system.
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). Prohibited materials include, but are not limited
to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, hydrides, sulfides, aldehydes, peroxides, chlorates,
perchlorates, bromates and carbates, and any other substance which
presents a fire hazard or other hazard to the sewer system, including
any material or waste stream exhibiting a closed cup flashpoint of
less than 140º F. (i.e., waste streams whose vapors ignite or
burn at temperatures below 140º F.).
(2)
Solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference 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, fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, waste paper, wood, plastics, gas,
tar, asphalt residues, mud, glass grinding, polishing wastes, petroleum
oil, non-biodegradable cutting oil or mineral oil products which will
interfere or cause pass-through at the borough's treatment plant.
(3)
Any wastewater having a pH less than 5.0, or greater
than 9.0, or wastewater having any other corrosive property capable
of causing damage or hazard to structures, equipment, and/or personnel
of the wastewater collection and treatment system.
(4)
Any wastewater containing toxic pollutants in sufficient
quantity, either alone or in conjunction with other pollutants, that
will cause a pass-through or interference in the borough's wastewater
collection and treatment system, will create a hazard to the environment,
the general public or borough personnel, or will cause the borough
to violate any General Pretreatment Regulation, NPDES permit or biosolids
requirement. These general prohibitions apply to all such users of
a wastewater collection and treatment system, whether or not the user
is subject to National Categorical Pretreatment Standards or any other
national, state or local pretreatment standards or requirements. 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, vapors,
solids or fumes which, either alone or in conjunction with other wastes,
are sufficient to create a public nuisance or hazard to life, cause
health and safety problems, or are sufficient to prevent entry into
the sewers for maintenance and repair.
(6)
Any substance which may cause the wastewater collection
and treatment system's effluent or any other product of the wastewater
collection and treatment system such as residues, biosolids, or scums
to be unsuitable for reclamation and reuse, or to interfere with the
reclamation process. In no case shall a substance discharged to the
wastewater collection and treatment system cause the wastewater collection
and treatment system to be in noncompliance with biosolids use or
disposal criteria, guidelines, or regulations developed under Section
405 of the Act; any criteria, guidelines, or regulations developed
under Section 405 of the Act; any criteria, guidelines, or regulations
affecting biosolids use or disposal developed pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the Toxic Substance Control
Act, or state criteria applicable to the biosolids management method
being used.
(7)
Any substance which will cause the borough to violate
its NPDES permit or the receiving of stream 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 wastewater collection and treatment system
treatment plant resulting in interference, but in no case wastewater
with a temperature at the introduction into the wastewater collection
and treatment system which exceeds 40º C. (104º F.).
(10)
Any pollutants, including oxygen demanding pollutants
(BOD, COD, etc.), released at a flow rate and/or pollutant concentrations
which cause interference to the wastewater collection and treatment
system. In no case shall a slug load have a flow rate or contain concentrations
or quantities 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.
(11)
Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limits
established by the Manager in compliance with applicable state or
federal regulations.
(12)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
(13)
Stormwater, groundwater, roof runoff, subsurface
drainage, or cooling water.
(14)
Trucked or hauled wastes except at a point of
discharge indicated by the Wastewater Treatment Plant Superintendent
or his duly authorized agent.
C.
When the borough determines that a user or significant
industrial user is contributing to the wastewater collection and treatment
system any of the above-enumerated substances in such amounts as to
interfere with the operation or cause pass-through of the system,
the borough shall advise the user of the impact of such contribution
on the wastewater collection and treatment system, and develop effluent
limitations for such user to correct the violation.
D.
The borough may also take enforcement action(s) against
the noncomplying user or significant industrial user, whether or not
the user or significant industrial user was given prior notification
of the violation by the borough.
Upon the promulgation of the Federal Categorical
Pretreatment Standards for a particular industrial subcategory, the
federal standard, if more stringent than limitations imposed under
this article for sources in that subcategory, shall immediately supersede
the limitations imposed under this article. Each user or significant
industrial user shall be responsible to notify the borough of changes
to his status under the federal, state, or local regulations. The
National Categorical Pretreatment Standards found in 40 CFR 405-471
are hereby incorporated into this article.
A.
Where a categorical pretreatment standard is expressed
only in terms of the mass or the concentration of a pollutant in wastewater,
the Superintendent may impose equivalent concentration or mass limits
in accordance with 40 CFR 403.6(c).
B.
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the Superintendent shall impose an alternate limit using the combined
waste stream formula in 40 CFR 403.6(c).
C.
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical
standard from the EPA in accordance with 40 CFR 403.15.
Where the borough's wastewater treatment plant
achieves consistent removal of pollutants limited by Federal Pretreatment
Standards, the borough may apply to the approval authority for modifications
of specific limits in the Federal 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 collection
system to a less toxic or harmless state in the effluent which is
achieved by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c)(2) of Title 40 of
the Code of Federal Regulations, Part 403, General Pretreatment Regulations
for Existing and New Sources of Pollution, promulgated pursuant to
the Act. The borough may then modify pollutant discharge limits in
the Federal Pretreatment Standards if the requirements contained in
40 CFR 403.7, are fulfilled, and prior approval from the approval
authority is obtained.
All wastewater entering the borough's collection
system shall be pretreated to typical domestic levels unless otherwise
stated in writing by the borough by way of the significant industrial
user permit.
A.
Typical domestic levels for compatible pollutants
shall be:
|
Parameter
|
Maximum Concentration
(mg/l)
| ||
|---|---|---|---|
|
BOD
|
250
| ||
|
TSS
|
250
| ||
|
Phosphorus (Otal as P)
|
10
| ||
|
Ammonia Nitrogen (NH3-N)
|
25 as N
| ||
|
Total Kjedahl Nitrogen (TKN)
|
40 as N
| ||
|
Oil and grease
|
100
|
B.
In additional, no user shall contribute toxic pollutants
to the borough's sewer system in excess of the following:
|
Parameter
|
Maximum Concentration
(mg/l)
| ||
|---|---|---|---|
|
Arsenic
|
0.01
| ||
|
Cadmium
|
0.01
| ||
|
Chromium (total)
|
2.00
| ||
|
Copper
|
0.5
| ||
|
Lead
|
0.05
| ||
|
Mercury
|
0.001
| ||
|
Molybdenum
|
0.01
| ||
|
Nickel
|
2.50
| ||
|
Silver
|
0.05
| ||
|
Zinc
|
3.00
| ||
|
Cyanide (total)
|
1.00
|
The borough reserves the right to require any contributing municipalities to establish, by ordinance, limitations or requirements at least as stringent as the borough's for users whose wastewater is ultimately treated at the borough's wastewater treatment plant, in order to comply with the objectives presented in § 205-32 of this article.
No user or significant industrial user shall
ever increase the use of process water or in any way attempt to dilute
a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the limitations contained in the Federal
Categorical Pretreatment Standards, or with any other pollutant-specific
limitation developed by the borough, state, or federal agencies.
A.
Each significant industrial user shall provide protection
from accidental or slug 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 user's or significant industrial user's own cost and expense.
In the case of an accidental discharge, it is the responsibility of
the user to immediately telephone and notify the borough of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions taken to minimize
and eliminate the violation.
B.
In addition, the borough will evaluate at least once
every two years whether a significant industrial user needs to develop
or update a Slug Control Plan. Detailed Slug Control Plans showing
facilities and operating procedures to provide slug control protection
shall be submitted to the borough for review and approval prior to
implementation. A Slug Control Plan shall contain, at a minimum, the
following information:
(1)
A description of discharge practices, including routine
or non-routine batch discharges.
(2)
A description of new and spent chemical storage procedures.
(3)
Procedures for immediately notifying the Wastewater
Treatment Plant Superintendent of any accidental or slug discharge,
including personnel responsible for such notifications.
(4)
Procedures to prevent adverse impact from an accidental
or slug discharge. Such procedures shall include, but are not limited
to, inspection and maintenance of chemical storage areas, handling
and transferring of raw and finished products and chemicals, control
of site runoff, worker training, building of containment structures,
available containment equipment and contacted environmental services
which assist the user to fulfill these plans.
C.
A significant industrial user who commences contribution
to the wastewater collection and treatment system after the effective
date of this article shall not be permitted to introduce pollutants
into the system until a Slug Control Plan has been approved by the
borough. Review and approval of such plans and operating procedures
shall not relieve the significant industrial user from the responsibility
to modify his facility, as necessary, to meet the requirements of
this article.
A.
Within five days following an accidental discharge,
the significant industrial user shall submit to the borough a detailed
written report which shall contain the following information:
(1)
The cause of the noncompliance.
(2)
The approximate time that the accidental discharge
had occurred and when it was corrected.
(3)
The steps taken by the user to reduce and minimize
the impact of the noncompliance.
(4)
The steps taken by the user to prevent a reoccurrence
of the conditions which caused or led to the accidental or slug loading.
B.
Such report shall not relieve the significant industrial
user of any fines, civil penalties, or other liability which may be
imposed as described in this article, the borough's Enforcement Response
Plan, or any other applicable law.
A notice shall be permanently posted on the
significant industrial user's bulletin board or other prominent place
advising employees whom to call in the event of an accidental or slug
discharge. Employers shall ensure that all employees who may be involved
with hazardous materials are aware of such emergency notification
procedures.
A.
Purpose. It is the purpose of this section to provide
for the recovery of costs from users and significant industrial users
of the borough's treatment system for the implementation of the program
established herein. The applicable charges or fees shall be set forth
in the borough's Schedule of Charges and Fees.
B.
Charges and fees.
(1)
The borough may adopt charges and fees (after a reasonable
public notification period) which may include:
(a)
Fees for reimbursement of the costs of setting
up and operating the borough's Industrial Pretreatment Program.
(b)
Fees for monitoring, inspections, and sampling
associated with the Industrial Pretreatment Program.
(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 borough of
pollutants otherwise subject to Federal Pretreatment Standards.
(g)
Other fees the borough may deem necessary to
carry out the requirements contained herein.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees charged by the borough.
A.
It shall be unlawful to discharge any wastewater to
any sanitary sewer in any area under the jurisdiction of, or within
the service area of, the Borough of Kane, except as authorized in
writing by the borough in accordance with the provisions of this article.
The borough may require any unpermitted or permitted users of the
sewer system to provide any information needed to determine compliance
with this article or other applicable local, state, or federal laws,
rules and regulations. These requirements include, but are not limited
to:
(1)
Wastewater discharge peak rate and volume records
over a specified time period.
(2)
Information on raw materials, processes, and products
affecting wastewater volume and quality.
(3)
Quantity and disposition of specified liquid, biosolids,
oil, solvent, or other materials which may impact the operation of
the borough's sewer system.
(4)
A plot plan of all sewer facilities on the user's
property including the number and location of all sewer lateral connections
to the borough's sewer system.
(5)
Details of control measures taken by the user to prevent
and control stormwater, drainage, roof runoff, from entering the borough's
sewer system.
(6)
Details of any significant changes to the nature or
quantity of their discharge, including increased flows of 25% or more,
or the promulgation of a categorical pretreatment standard which applies
to their discharge.
B.
All users must notify the borough, EPA and the PADEP
of discharges to the sewer system which, if disposed of in any other
manner, would be considered a hazardous waste under federal regulations
40 CFR 261.
C.
Costs incurred for developing the information described
above shall be paid by the user, and are in addition to all other
sewer use, permit and surcharge fees charged by the borough.
D.
The user shall be responsible for obtaining and submitting
all applicable borough, county, regional, state or federal permits
or planning documents required for approval of a sewer connection.
All users proposing to, or already connected
into the borough's sewer system, which are deemed a significant industrial
user through borough review of the waste questionnaire or permit application,
must obtain a Wastewater Contribution Permit from the borough prior
to commencing discharge. In addition, whenever an existing insignificant
industrial user becomes subject to a new National Categorical Pretreatment
Standard, the user must reapply to the borough for a significant industrial
user Wastewater Contribution Permit within 180 days after the promulgation
of the applicable National Categorical Pretreatment Standard.
A.
Permit application.
(1)
Any user required to obtain a significant industrial
user permit shall complete and file with the borough an application
in the form prescribed by the borough, accompanied by the required
permit filing fee. In support of the application, the significant
industrial user shall submit in units and terms appropriate for evaluation,
the following information:
(a)
Name, address and location of the facility (if
it is different from the address).
(b)
SIC number, according to the Standard Industrial
Classification Manual, Bureau of the Budget 1972, as amended.
(c)
Wastewater constituents and characteristics, including but not limited to those parameters listed in §§ 205-35 through 205-43 of this article, as determined by an approved analytical laboratory. This 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.
(d)
Time and duration of wastewater contribution.
(e)
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly, and seasonal variation, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections, and appurtenances
by the size, location and elevation.
(g)
Description of activities, facilities and plant
processes on the premises, including all materials which have a potential
for entering the sewer system either accidentally or on purpose.
(h)
The nature and concentration of any pollutants
in the discharge which are limited by any borough, 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), source
reduction efforts and/or additional pretreatment is required for the
significant industrial user to meet applicable pretreatment standards.
(i)
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the schedule by which
the significant industrial user will provide such additional pretreatment.
For significant industrial users subject to Federal Categorical Standards,
the completion date in this schedule can be no later than the compliance
date established by the EPA for the applicable pretreatment standard.
The following shall also apply to this schedule:
[1]
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
facilities required for the significant industrial user to meet the
applicable pretreatment standards. This may include dates for installing
a sampling manhole, hiring an engineer, completing preliminary plans,
completing final plans, executing a contract for major components,
commencing construction, completing construction, etc.
[2]
No increment referred to in Subsection A(1)(i)[1] shall exceed nine months.
[3]
No later than 14 days following each date in
the schedule and the final date for compliance, the significant industrial
user shall submit a progress report to the borough, 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 the borough.
[4]
Each product produced by type, amount, process
or processes, and rate of production shall be required.
[5]
Type and amount of raw materials processed (average
and maximum per day) shall be required.
[6]
Number and type of employees, the hours of plant
operation and the proposed or actual hours or pretreatment system
operation shall be required.
[7]
Any other information as may be deemed by the
borough necessary in evaluating the permit application shall be required.
(j)
A list of all other environmental control permits
held by or for the facility.
(2)
The borough will evaluate the data furnished by the
significant industrial user and will notify the user of any additional
information necessary to complete the application review process.
After evaluation and acceptance of the data supplied, the borough
may approve the issuance of a significant industrial user permit subject
to terms and conditions provided herein.
B.
Permit conditions. Significant industrial user permits
shall be expressly subject to all provisions of this article and all
other applicable regulations, user charges and fees established by
the borough by way of separate ordinances. The permit may contain,
but is not limited to, the following requirements:
(1)
Statement of duration.
(2)
Statement on nontransferability.
(3)
All applicable pretreatment standards for their discharge.
(4)
Limits on average and maximum flow rate and time of
discharge, or requirements for flow regulations and equalization.
(5)
Requirements for installation and maintenance of inspection
and sampling facilities.
(6)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types, and standards
for tests and reporting schedule.
(7)
Compliance schedules.
(9)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the borough, and
affording the borough access thereto.
(10)
Requirements for prior notification of the borough
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 collection system.
(12)
Specification of type and amount of raw materials
processed (average and maximum per day).
(13)
Statement of all applicable civil or criminal
penalties for noncompliance.
(14)
Other conditions as deemed necessary by the
borough to ensure compliance with this article.
C.
Reporting requirements in permits.
(1)
Compliance data report.
(a)
Within 90 days following the date for final
compliance with applicable categorical pretreatment standards, or
in the case of new source, following commencement of the introduction
of wastewater into the sewer system, any significant industrial user
subject to Federal Categorical Pretreatment Standards shall submit
to the borough 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. The report shall
state whether the applicable pretreatment standards or requirements
are being met on a consistent basis, and, if not, what additional
O&M and/or pretreatment is necessary to bring the significant
industrial user into compliance with the applicable pretreatment standards
or requirements. This statement shall be signed by an authorized representative
of the significant industrial user and certified by a qualified professional
engineer.
(b)
Based on the review of this data, the borough
may reissue the Wastewater Contribution Permit for this significant
industrial user as soon as possible after incorporating the applicable
standards.
(2)
Periodic compliance reports.
(a)
Every significant industrial user shall have
their wastewater sampled and analyzed at a frequency specified in
the Wastewater Contribution Permit. The frequency and number of pollutants
analyzed for will be specific for each industry. The borough may at
any time require the significant industrial user to perform additional
sampling if it believes the conditions of this article are not being
met. The significant industrial user must submit to the borough during
the months of June and December, unless required more frequently by
the borough, an update report indicating any process, production or
flow rate changes which occurred during the previous six-month period.
This report will also include a record of all daily flow which, during
the reporting period, exceeded the average daily flow allowed in the
contract. At the discretion of the borough and in consideration of
such factors as local high or low flow rates, holiday, budget cycles,
etc., the borough may agree to alter the months during which the above
reports are to be submitted. In the event that the results of the
analysis exceed the pretreatment standards given in the Wastewater
Contribution Permit, the permittee shall provide immediate verbal
notification to the Borough of Kane WWTP Superintendent. The permittee
shall also repeat sampling and analysis and submit the results of
the analyses to the Borough of Kane WWTP Superintendent within 30
days after becoming aware of the violation(s).
(b)
The borough may impose mass limitations on significant industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection C(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed by the borough in the Wastewater Contribution Permit. All analyses shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act, and contained in 40 CFR 136 and amendments thereto, or with any other EPA-approved test procedures. Sampling shall also be performed in accordance with approved techniques.
D.
Permit duration. Permits shall be issued by the borough for a specified time period, not to exceed five years. All significant industrial users shall apply for a re-issuance of their Wastewater Contribution Permit a minimum of 180 days prior to the expiration of their existing permit. The terms and conditions of the permit may be subject to modification by the borough during the term of the permit, as limitations or requirements as identified it Subsection C(2)(b) are modified or other just cause exists. A significant industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Where necessary, a schedule for complying with these changes or new conditions may also be issued by the borough.
E.
Permit modifications. Upon the promulgation of a National
Categorical Pretreatment Standard, a significant industrial user subject
to such standards shall have his Wastewater Contribution Permit revised
to require compliance with such standards.
F.
Permit transfer. Wastewater Contribution Permits are
issued to a specific significant industrial user for a specific operation.
These permits shall not be reassigned, transferred, or sold to a new
owner, or significant industrial user, different premises, or used
for a new or changed operation.
G.
Signatory requirement. All reports, applications or
other information required to be submitted under this article shall
be signed by an authorized representative of the industrial user and
shall contain the following certification:
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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 ensure 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.
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All measurements, tests and analyses required
for determining the characteristics of waters and wastewaters to which
reference is made in this article shall be performed in accordance
with 40 CFR 136. Sampling methods, locations, times, durations and
frequencies are to be determined on an individual basis, and will
be specified in the individual Wastewater Contribution Permits issued
to the significant industrial users. SIUs which sample more frequently
than the requirements given in their Wastewater Contribution Permit
must submit copies of all such results to the borough.
The Wastewater Treatment Plant Superintendent
shall inspect the facilities of any significant 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 borough's representative
ready access during all working hours to all parts of the premises
for the purposes of inspection, sampling, records examination and/or
copying, or in the performance of any of his duties. The borough has
the right to set upon a significant industrial user's property such
devices as are necessary to conduct sampling, inspection, compliance
monitoring, and/or metering operations. Where a significant industrial
user has security measures in force which require proper identification
and clearance before entry into his premises, the significant industrial
user shall make necessary arrangements with his security guards so
that upon presentation of suitable identification, personnel from
the borough, PADEP or the EPA will be permitted to enter without delay,
for the purposes of performing their specific responsibilities.
Users and significant industrial users shall
provide necessary wastewater treatment as required to comply with
this article any applicable Federal Categorical Pretreatment Standards
within the time limitations as specified by the borough or in the
Federal Pretreatment Regulations. Any equipment or facilities required
to pretreat wastewater to a level acceptable to the borough shall
be provided, operated and maintained at the user's expense. The borough
may require that detailed plans showing the pretreatment facilities
and operating procedures be submitted to the borough for review and
shall be deemed acceptable to the borough before construction of the
facility. The review of such plans and operating procedures will in
no way relieve a user from the responsibility of modifying his facility
as necessary to produce an effluent acceptable to the borough under
the provisions of this article. Any subsequent changes in the pretreatment
facilities or method of operation, or any change which may result
in a new or increased discharge of pollutants, shall be reported to
and be accepted by the borough prior to the user's or significant
industrial user's initiation of the changes.
Users subject to the recordkeeping requirements
of this section shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring
or reporting requirements required in this article, including any
monitoring activities undertaken by the user independent of these
requirements. Records shall include the exact date and time of sampling,
the date and time of analysis, the name of the person(s) collecting
and analyzing all samples, the methodology used in analyzing the samples,
and the results of these analyses. These records should be made available
for a minimum of three years. In the matters of litigation between
the user and the borough, or where specifically required by the EPA,
the retention period is extended. All records relating to compliance
with pretreatment standards shall be made available to the borough,
PADEP or EPA upon request.
A.
Information and data on a user or significant industrial
user obtained from reports, questionnaires, permit applications, permits,
monitoring programs and from inspections shall be available to the
public or governmental agencies without restriction unless the user
or significant industrial user specifically requests and is able to
demonstrate to the satisfaction of the borough that the release of
such information would divulge information, processes, or methods
of production entitled to protection as trade secrets of the user
or significant industrial user.
B.
When requested by the person furnishing a report,
those portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available, upon written request, to governmental
agencies for uses related to this article, the NPDES permit, biosolids
disposal/reuse forms, and/or the general pretreatment regulations.
Any such portions of a report shall also be available for use by 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.
C.
Information accepted by the borough as confidential
shall not be transmitted to the general public by the borough until
after a ten-day notification is given to the user or significant industrial
user.
Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or user or significant industrial user permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be punished as provided by law and shall be subject to the fines set forth in §§ 205-58 through 205-60.
Whenever the borough finds that any user has
violated or is violating this article, their Wastewater Contribution
Permit, or the general pretreatment regulations, the borough shall
serve upon the user a written notice of violation (NOV). Within 15
days of the certified receipt of the NOV, the user must submit to
the borough a written response which contains the following information:
A.
Cause of noncompliance;
B.
Anticipated duration of the noncompliance and the
time by which the violation will be corrected;
C.
Steps taken by the user to reduce and eliminate the
noncomplying discharge;
D.
Steps taken by the user to prevent reoccurrence of
the condition(s) leading to the noncompliance; and
E.
The signature of an authorized representative of the
user that certifies to the validity of the report.
When a response given by the user to a previous
NSOV is inadequate, or when a violation results in conditions which
could cause the borough to violate its NPDES permit or biosolids quality
requirements, or results in a hazardous situation within the borough
sewer system, the borough will notify a user by certified mail of
the requirement that the user attend a show-cause hearing. A show-cause
hearing is an official meeting between the borough and an industrial
user to resolve conditions of continued violations. The hearing may
result in the borough issuing an administrative order to the industrial
user, or if conditions warrant, civil penalties or injunctive relief.
An administrative order is an official enforcement
document which directs a user or significant industrial user to undertake
or to cease specific activities and which carries specific legal actions
to be enforced when addressing continued noncompliance. The order
may contain a compliance schedule specifying the time frame by which
the user must perform certain activities which will ultimately result
in compliance with all requirements contained in the order.
The borough shall annually publish in the largest daily newspaper published or circulated in the borough a list of the users and significant industrial users determined to be in significant noncompliance (as defined in § 205-33 of this article) during the preceding 12 months. The notification shall also summarize any enforcement actions taken against those users and significant industrial users by the borough during the same 12 months in accordance with 40 CFR 403.8(f)(2)(vii).
A.
Appeal. A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit may appeal the decision in writing to the borough with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under § 205-54.
B.
Notice of hearing. Thereafter, upon notice in writing
given to the permit holder or any agent or officer thereof at least
five days prior to the time fixed therefor, the borough shall convene
and conduct a hearing on the propriety or lack thereof of the notice
of suspension or revocation. The cost of the stenographic transcript
of such a proceeding shall be borne by the appellant, who shall pay
a filing fee of $300.
C.
Method of decision. The findings and determinations
of the borough shall be in writing and shall be mailed to the owner
or to his duly authorized representative within 48 hours of the hearing,
with a certified copy thereof to be filed with the borough's WWTP
Superintendent who originally served the notice of suspension or revocation.
The determination shall be binding both upon the borough and all parties
in interest.
D.
Action following appeal decision. If the decision
of the borough sustains the notice of suspension or revocation of
permit, the user shall be given 10 days' notice of the new date of
suspension or revocation by the borough.
In addition to the other enforcement actions
described herein, the borough may also seek civil penalties and/or
injunctive relief against industrial/commercial users who fail to
comply with the requirements of the borough's article or their wastewater
contribution permit.
A.
Civil penalties vary from $500 up to $25,000 per day
per violation depending on the severity of the violation and other
factors. In civil penalty assessment, the borough will consider all
of the following factors:
(1)
Damage to the borough's treatment plant or collection
system, the environment, or collection system personnel, resulting
from the violation;
(2)
The industrial/commercial user's history of past violations;
(3)
The level of cooperation obtained from the industrial/commercial
user;
(4)
The economic benefit gained by the industrial/commercial
users as a result of the noncompliance; and
(5)
Other relevant factors.
B.
All fines listed were developed in accordance with
the Publicly Owned Treatment Works Penalty Law[1] (Pennsylvania Act 9), and will be assessed on a per day,
per violation basis. The fines shown are maximum penalties, which
the borough has the right to reduce or waive in certain circumstances.
[1]
Editor's Note: See 35 P.S. § 752.1
et seq.
C.
All civil penalties collected pursuant to the borough's
Civil Penalty Assessment Policy will be placed in a restricted account,
and shall only be used by the borough for the repair of damage and
any additional maintenance or other costs resulting from the violation(s)
on which the penalty was imposed, to pay any penalties imposed on
the borough by a state or federal agency as a result of violating
any pretreatment standards, for the costs incurred by the borough
to investigate and initiate enforcement actions against the noncomplying
discharge (including legal and engineering fees), for additional monitoring
costs associated with the noncomplying industrial/commercial user,
and for capital improvements to the treatment plant or collection
system required by the pretreatment program. Any remaining funds may
be used for capital improvements to the treatment plant or collections
system not required by the pretreatment program.
D.
The borough's ability to seek civil penalties against
noncomplying users shall apply to all industrial/commercial users
of the borough's wastewater collection and treatment system regardless
of political boundary. The civil penalties may be sought in the Court
of Common Pleas where the borough's treatment plant is located, where
the activity took place, where the condition exists or the public
was affected, and to that end a jurisdiction is hereby conferred in
law and equity upon such courts.
A.
Where necessary, the borough shall also have the power
to obtain injunctive relief against any industrial/commercial users
who are in violation of a pretreatment standard or requirement. Injunctive
relief will be granted pursuant to Pennsylvania Law if any of the
following conditions can be determined to be true:
(1)
A discharge from an industrial/commercial user presents
an imminent or substantial danger to the environment;
(2)
A discharge from an industrial/commercial user causes
the borough to violate any condition of its NPDES permit, biosolids
application standards or other state or federal requirement;
(3)
A discharge from an industrial/commercial user presents
an imminent or substantial danger to the borough's treatment plant
or collection system, borough personnel, or the general public; or
(4)
The industrial/commercial user has shown a lack of
ability or intention to comply with a pretreatment standard or pretreatment
requirement.
B.
Injunctive relief may also be issued against a noncomplying industrial/commercial user if the court determines that other enforcement actions available to the borough would not be adequate to effect prompt correction of the condition or violation. In addition to injunctive relief, the borough may also be granted civil penalties according to § 205-35 of this article.
C.
The borough's ability to seek injunctive relief against
noncomplying industrial/commercial user shall apply to all industrial/commercial
users regardless of political boundary. The injunctive relief may
be sought in the Court of Common Pleas where the borough's treatment
plant is located, where the activity took place, where the condition
exists or the public was affected, and to that end a jurisdiction
is hereby conferred in law and equity upon such courts.
The industrial/commercial user charged with
any penalty previously described shall have 30 days to pay the proposed
penalty in full, or, if the industrial/commercial user wishes to contest
either the amount of the penalty or the fact of the violation, the
industrial/commercial user must file an appeal of the action pursuant
to the municipal law or home rule charter, or in the absence of these,
within 30 days pursuant to 2 Pa.C.S.A.
