[Adopted 1-3-1994 by Ord. No. HR-221]
A.
This article sets forth uniform requirements for users
of the wastewater collection system of Tredyffrin Township and the
subsequent flow of such wastewater to the wastewater collection and
treatment system of Upper Merion Township pursuant to the service
agreement of September 1, 1989, between and among Township of Tredyffrin,
Tredyffrin Township Municipal Authority, Township of Upper Merion,
Upper Merion Township Authority and Upper Merion Municipal Utility
Authority and enables the Township to comply with all applicable state
and federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR 403).
B.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the
wastewater systems of this Township and Upper Merion Township which
will interfere with the operation of the system or contaminate the
resulting sludge.
(2)
To prevent the introduction of pollutants into the
wastewater systems which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
To protect the Upper Merion Township publicly owned
treatment works personnel and Tredyffrin Township personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public.
(4)
To improve the opportunity to recycle and reuse industrial
wastewaters and sludges from the system.
(5)
To provide for fees for the equitable distribution
of the cost of operation, maintenance and improvement of the POTW's
wastewater systems.
(6)
To enable the Upper Merion POTW to comply with its
National Pollutant Discharge Elimination System permit conditions,
sludge use and disposal requirements and any other federal or state
laws to which the Upper Merion publicly owned treatment works is subject.
A.
This article provides for the regulation of direct
and indirect contributors to the municipal wastewater system through
the issuance of permits to certain nondomestic users and through enforcement
of general requirements for users; authorizes monitoring, compliance
and enforcement activities; requires user reporting; assumes that
existing customer's capacity will not be preempted; and provides for
the setting of fees for the equitable distribution of costs resulting
from the program established herein.
B.
Except as otherwise provided herein, Upper Merion
Township and its authorized representative, as the "control authority,"
shall administer, implement and enforce the provisions of this article.
The Control Authority shall administer this article according to the
provisions of 40 CFR, Part 403, Section 403.8(f) with respect to program
development and implementation by the POTW.
[Amended 7-15-2002 by Ord. No. HR-308]
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the EPA.
Includes:
If the user is a corporation:
The President, Secretary, Treasurer or Vice
President of the corporation in charge of a principal business function
or any other person who performs similar policy or decisionmaking
functions for the corporation; or
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding 25 million dollars (in
second-quarter 1980 dollars), if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility or their designee.
The individuals described in Subsections A(1),
(2) and (3) above may designate another authorized representative
if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall responsibility
for environmental matters for the company and the written authorization
is submitted to Upper Merion Township and Tredyffrin Township.
Schedules of activities, prohibition of 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. The control authority, at its sole discretion,
may develop BMPs to comply with 40 CFR 403.5(c)(1) and (2). Such BMPs
shall be considered local limits and pretreatment standards for the
purposes of 40 CFR 403 and Section 307(d) of the Clean Water Act.
The control authority, at its sole discretion, may allow a user to
implement BMPs to meet the prohibitions listed in 40 CFR 403.5(a)(1)
and (b). Noncompliance with BMPs shall be considered exceedances of
permit limits and enforcement will be implemented in accordance with
the steps shown for “discharge limit violations” in the
Summary of Enforcement Response Procedures.
[Added 4-7-2008 by Ord. No. HR-369]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, for five days
at 20º C. expressed in terms of concentration [milligrams per
liter (mg/l)].
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards, being any regulation
heretofore or hereafter adopted by the United States Environmental
Protection Agency, being any regulation containing pollutant discharge
limits promulgated by the EPA in accordance with Section 307(b) and
(c) of the Act (33 U.S.C. § 1317) which apply to a specific
category of users and which now appear or hereafter appear in 40 CFR
Chapter I, Subchapter N.
[Amended 10-16-2000 by Ord. No. HR-291]
The Tredyffrin Township.
The Upper Merion Township.
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 State of Pennsylvania.
The United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency, including the Regional
Water Management Division Director.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and over a period
of time not to exceed 15 minutes.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of pollution from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C.
§ 1317) into the POTW (including holding tank waste discharge
into the system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402 of the Act. In addition, "industrial user" shall also be defined
as an establishment which discharges or introduces industrial wastes
into the POTW.
Shall have the meaning ascribed to it in the Act of June
22, 1937 (P.L 1987, No. 394), known as the "Clean Stream Law,"[1] and the regulations adopted thereunder.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment process or operations or its sludge processes,
use or disposal; and therefore is the cause of a violation of the
Upper Merion POTW's NPDES permits or of the prevention of sewage sludge
use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state
or local regulations: Section 405 of the Act; the Solid Waste Disposal
Act, including Title II commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act;[2] the Toxic Substances Control Act; and the Marine Protection,
Research and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Any regulation heretofore or hereafter adopted by the United
States Environmental Protection Agency containing any pollutant discharge
limits heretofore or hereafter promulgated by the EPA in accordance
with § 307(b) and (c) of the Act (33 U.S.C. § 1317)
which applies to a specific category of industrial users, as set forth
in 40 CFR Chapter I, Subchapter N.
[Amended 10-16-2000 by Ord. No. HR-291]
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR 403.5.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of the proposed pretreatment
standards pursuant to the Section 307(c) of the Act, which will be
applicable to such source if the standards are thereafter promulgated
in accordance with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
The process or production equipment that causes
the discharge of pollutants at an existing source is totally replaced;
or
The production or wastewater generating processes
are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the
existing plan and the extent to which the new facility is engaged
in the same general type of activity as the existing source should
be considered.
Construction on a site at which an existing
source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility
or installation meeting the criteria of Subsection A(2) or (3) 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:
Begun or caused to begin, as part of a continuous
on-site construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for the placement, assembly or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
losses and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this section.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into the waters of the 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 the Upper Merion POTW's National Pollutant Discharge
Elimination System (NPDES) permit, including an increase in the magnitude
or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine, the singular
shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution; a measure
of the acidity or alkalinity of a solution, expressed in standard
units.
Any dredged soil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal and agricultural wastes and certain characteristics of wastewater
(e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity
or odor).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes or by other means, except by diluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on a user. Any substantive
or procedural provision of the Federal Water Pollution Control Act
(62 Stat. 115, 33 U.S.C. § 1251 et seq.) or the Act of June
22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law"[3] or any rule or regulation, ordinance or term or condition
of a permit or order adopted or issued by the commonwealth or a POTW
for the implementation or enforcement of an industrial waste pretreatment
program established under the Federal Water Pollution Control Act
or the Clean Streams Law.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 163-28 of this article.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is operated by Upper Merion Township.
This definition includes any sewers that convey wastewater to the
POTW treatment plan but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment. For the purposes
of this article, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside Upper Merion Township
who are, by contract or agreement with Upper Merion Township, users
of the Upper Merion Township's POTW. This definition includes any
devices or systems used in the collection, storage, treatment, recycling
and reclamation of sewage or industrial wastes of a liquid nature
and any conveyances which convey wastewater to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
"Shall" is mandatory; and "may" is permissive.
A user subject to categorical pretreatment standards;
or
A user that:
Discharges an average of 25,000 gallons per
day (gpd) or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewater);
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
Is designated as such by the control authority
on the basis that it has a reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement.
Upon a finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, Upper Merion Township may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
An industrial user is in significant noncompliance if its
violation meets one or more of the specific criteria set forth in
40 CFR 403.8(f)(2)(viii). For purposes of this definition, industrial
user is in significant noncompliance if its violation meets one or
more of the following criteria:
[Amended 4-7-2008 by Ord. No. HR-369]
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of wastewater measurements
taken during a six-month period exceed (by any magnitude) a numeric
pretreatment standard or requirement, including instantaneous limits,
as defined by 40 CFR 403.3(1).
Technical Review Criteria (TRC) violations,
defined here as those in which 33% or more of all of wastewater measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the numeric pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied
by the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oil and
grease and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment standard
or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term
average, instantaneous limit or narrative standard) that the control
authority determines has caused, alone or in combination with other
discharges, interference or pass-through (including endangering the
health of POTW personnel or the general public).
Any discharge of pollutants that has caused
imminent endangerment to the public health and welfare or to the environment
or has resulted in the POTW's exercise of its emergency authority
under of this article to halt or prevent such a discharge.
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained wastewater discharge
permit or in an enforcement order for starting construction, completing
construction, or attaining final compliance.
Failure to provide, within 45 days after the
due date, any required reports including baseline monitoring reports,
reports on compliance with categorical pretreatment standard deadlines,
periodic self-monitoring reports and reports on compliance with compliance
schedules.
Failure to accurately report noncompliance;
or
Any other violation or group of violations,
which may include violation of best management practices, which the
POTW determines will adversely affect the operation or implementation
of the local pretreatment program.
Any pollutant release in a discharge at a flow rate or concentration
which will cause a violation of the specific discharge prohibitions
in 40 CFR 403.5(b) and/or any discharge of nonroutine nature, episodic
nature, including but not limited to accidental spills or noncustomary
batch discharges, which has a reasonable potential to cause interference
or pass through, or in any other way violate the POTW’s regulations,
prohibited discharge standards in this article, local limits or NPDES
permit conditions.
[Amened 4-7-2008 by Ord. No. HR-369]
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
The State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snow melt.
The person designated by Upper Merion Township to supervise
the operation of the publicly owned treatment works.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Tredyffrin Township or the Board of Supervisors of Tredyffrin
Township.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307(a) or other Acts.
Any person who contributes, causes or permits the indirect
discharge of wastewater into the Upper Merion POTW's.
The liquid and water-carried industrial and domestic wastes
and sewage from dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which is
contributed into or permitted to enter the Upper Merion POTW's.
That portion of the Upper Merion POTW which is designed to
provide treatment of municipal sewage and industrial waste.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
The following abbreviations or acronyms shall
have the designated meanings:
|
AO
|
Administrative order
|
|
BAT
|
Best available treatment
|
|
BATEA
|
Best available technology economically achievable
|
|
BCT
|
Best control technology
|
|
BMP
|
Best management practices
|
|
BMR
|
Baseline monitoring report
|
|
B/N
|
Base/neutral
|
|
BOD
|
Biochemical oxygen demand
|
|
BPJ
|
Best professional judgment
|
|
BPT
|
Best professional technology
|
|
CERCLA
|
Comprehensive Environmental Response, Compensation
and Liability Act
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical industrial user
|
|
COD
|
Chemical oxygen demand
|
|
CSO
|
Combined sewer overflow
|
|
CWA
|
Clean Water Act
|
|
CWF
|
Combined waste stream formula
|
|
DMR
|
Discharge monitoring report
|
|
DSS
|
Domestic sewage study
|
|
EMS
|
Enforcement management system
|
|
EP
|
Extraction procedure
|
|
EPA
|
Environmental Protection Agency of the United
States
|
|
FDF
|
Fundamentally different factor
|
|
FOV
|
Finding of violation
|
|
FOG
|
Fats, oil and grease
|
|
FR
|
Federal Register
|
|
FTE
|
Full-time equivalent
|
|
FWA
|
Flow-weighted averaging
|
|
FWPCA
|
Federal Water Pollution Control Act
|
|
GC/MS
|
Gas chromatograph/mass spectrophotometry
|
|
gpd
|
Gallons per day
|
|
I+I
|
Infiltration and inflow
|
|
IU
|
Industrial user
|
|
IWS
|
Industrial waste survey
|
|
MAHL
|
Maximum allowable headworks loading
|
|
MGD
|
Million gallons per day
|
|
mg/l
|
Milligrams per liter
|
|
MOU
|
Memorandum of understanding
|
|
MSDS
|
Material Safety Data Sheet
|
|
NIOSH
|
National Institute of Occupational Safety and
Health
|
|
NMP
|
National Municipal Policy
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NON
|
Notice of noncompliance
|
|
NOV
|
Notice of violation
|
|
O&G
|
Oil and grease
|
|
O&M
|
Operations and maintenance
|
|
OCPSF
|
Organic chemicals, plastics and synthetic fibers
|
|
OSHA
|
Occupational Safety and Health Administration
|
|
OWEC
|
Office of Water Enforcement and Compliance
|
|
PAD
|
Proportioned actual domestic flow
|
|
PAH
|
Polynuclear aromatic hydrocarbons
|
|
PAI
|
Proportioned actual industrial flow
|
|
PASS
|
Pretreatment audit summary system
|
|
PCB
|
Polychlorinated biphenols
|
|
PCI
|
Pretreatment compliance inspection
|
|
PCME
|
Pretreatment compliance monitoring and enforcement
|
|
PCS
|
Permit compliance system
|
|
PIRT
|
Pretreatment Implementation Review Task Force
|
|
POTW
|
Publicly owned treatment works
|
|
ppb
|
Parts per billion
|
|
ppd
|
Pounds per day
|
|
PPETS
|
Pretreatment permits enforcement tracking system
|
|
ppm
|
Parts per million
|
|
PQR
|
Permit quality review
|
|
PSES
|
Pretreatment standards for existing sources
|
|
PSNS
|
Pretreatment standards for new sources
|
|
QA/QC
|
Quality assurance/quality control
|
|
QNCR
|
Quarterly noncompliance report
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
RNC
|
Reportable noncompliance
|
|
SARA
|
Superfund Amendments and Reauthorization Act
|
|
SIC
|
Standard industrial classification
|
|
SIU
|
Significant industrial user
|
|
SMP
|
Solvent management plan
|
|
SNC
|
Significant noncompliance
|
|
SPCC
|
Spill prevention control and countermeasures
|
|
SPMS
|
Strategic planning and management system
|
|
STLC
|
Soluble threshold limit concentration
|
|
STP
|
Sewage treatment plant
|
|
SUO
|
Sewer Use Ordinance
|
|
SWDA
|
Solid Waste Disposal Act
|
|
TCLP
|
Toxicity characteristic leachate procedure
|
|
TDS
|
Total dissolved solids
|
|
TICH
|
Total identifiable chlorinated hydrocarbons
|
|
TOMP
|
Toxic organic management plan
|
|
TRC
|
Technical review criteria
|
|
TRE
|
Toxicity reduction evaluations
|
|
TSS
|
Total suspended solids
|
|
TTLC
|
Total threshold limit concentration
|
|
TTO
|
Total toxic organics
|
|
USC
|
United States Code
|
|
VOA
|
Volatile organic analysis
|
|
VOC
|
Volatile organic compounds
|
|
VSS
|
Volatile suspended solids
|
|
WENDB
|
Water Enforcement National Data Base
|
|
WQA
|
Water Quality Act
|
|
WQS
|
Water quality standards
|
|
WWTP
|
Wastewater treatment plant
|
No user shall contribute, introduce or cause
to be contributed or introduced, directly or indirectly, into the
Tredyffrin Township wastewater collection system with subsequent flow
to the Upper Merion Township wastewater collection and treatment system,
including the Upper Merion POTW, any pollutant or wastewater which
causes pass-through or interference. These general prohibitions apply
to all users of the POTW whether or not the user is subject to categorical
pretreatment standards or any other national, state or local pretreatment
standards or requirements.
A.
No user shall introduce or cause to be introduced
into the Tredyffrin Township wastewater collection system with subsequent
flow to the Upper Merion Township wastewater collection and treatment
system, including the Upper Merion POTW, the following pollutants,
substances or wastewater:
(1)
Pollutants which create a fire or explosive hazard
in the POTW, including, but not limited to, waste streams with a closed-cup
flashpoint of less than 140º F. (60º C.) using the text
methods specified in 40 CFR 261.21.
(2)
Wastewater having a pH less than 6.0 or more than
10.0 or otherwise causing corrosive structural damage to the POTW
or equipment.
[Amended 7-15-2002 by Ord. No. HR-308]
(3)
Solid or viscous substances in amounts which will
cause obstruction of the flow in the POTW resulting in interference
(but in no case solids greater than 1/2 inch in any dimension).
(4)
Pollutants, including oxygen-demanding pollutants
(BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW.
[Amended 5-16-2005 by Ord. No. HR-341]
(5)
Wastewater having a temperature greater than 104º
F. (40º C.) or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment
plant to exceed 104º F. (40º C.).
(6)
Petroleum oil, nonbiodegradable cutting oil or products
of mineral oil origin, in amounts that will cause interference or
pass-through.
(7)
Pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(8)
Trucked or hauled pollutants, except at discharge
points designated by the control authority in accordance with this
article.
(9)
Noxious or malodorous liquids, gases, solids or other
wastewater which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or a hazard to life or
to prevent entry into the sewers for maintenance or repair.
(10)
Wastewater which imparts color which cannot
be removed by the treatment process, such as but not limited to dye
wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the Upper
Merion NPDES permits.
(11)
Wastewater containing any radioactive wastes
or isotopes except in compliance with applicable state or federal
regulations.
(12)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water and unpolluted
wastewater, unless specifically authorized by the control authority.
(13)
Sludges, screenings or other residues from the
pretreatment of industrial wastes.
(14)
Medical wastes, except as specifically authorized
by the control authority.
(15)
Wastewater causing, alone or in conjunction
with other sources, the POTW's effluent to fail a toxicity test.
(16)
Detergents, surface-active agents, phosphates
or other substances which may cause excessive foaming in the POTW.
[Amended 5-16-2005 by Ord. No. HR-341]
(17)
Fats, oils or greases of animal or vegetable
origin in concentrations greater than 100 mg/l.
[Amended 7-15-2002 by Ord. No. HR-308]
(18)
Wastewater causing two readings on an explosion
hazard meter at the point of discharge into the POTW or at any point
in the POTW of more than 5% or any single reading over 10% of the
lower explosive limit of the meter.
(19)
Any substance which will cause the POTW to violate
its NPDES and/or state disposal system permit or the receiving water
quality standards.
(20)
In no case shall a slug load have a flow rate
or contain concentration or qualities of pollutants that exceed any
time period longer than 15 minutes or contain more than five times
the average twenty-four-hour concentration of flow during normal operation
or otherwise constitutes a slug discharge.
(21)
The discharge of toxic or hazardous wastes,
as defined in the Act or RCRA.
B.
When the control authority determines that a user(s)
is contributing to the POTW any of the above-enumerated substances
in such amounts as to interfere with the operation of the POTW, the
control authority shall advise the Township and the user(s) of the
impact of the contribution on the POTW; develop effluent limitation(s)
for such user to correct the interference with the POTW; and proceed
with enforcement pursuant to the provisions of this article.
C.
Pollutants, substances or wastewater prohibited by
this section shall not be processed or stored in a manner that they
could be discharged to the POTW.
[Amended 10-16-2000 by Ord. No. HR-291; 7-15-2002 by Ord. No. HR-308]
The categorical pretreatment standards now found or hereafter found at 40 CFR, Chapter 1, Subchapter N, are hereby incorporated in this article by reference as though set forth in full and shall apply to significant industrial users, including categorical industrial users.
A.
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the Director of Public Works 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 Director of Public Works shall impose an alternate limit using
the combined waste stream formula in 40 CFR 403.6(e).
C.
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions of 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
D.
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this article.
The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 163-24.
No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The control authority may impose
mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
A.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the control
authority and the Township for review and shall be approved by the
control authority under the terms of this article and by the Township
under other applicable ordinances before construction of the facility.
All existing users shall complete such a plan by January 1, 1994.
No user shall be permitted to introduce pollutants into the system
until accidental discharge procedures have been approved by the control
authority and the Township. Review and approval of such plans and
operating procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary to meet
the requirements of this article. In the case of an accidental discharge,
it is the responsibility of the user to immediately notify the control
authority and the Township of the incident. The notification shall
include location of discharge, type of waste, concentration and volume
and corrective actions.
B.
Written notice. Within five days following an accidental
discharge, the user shall submit to the control authority and the
Township a detailed written report describing the cause of the discharge
and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense,
loss, damage or other liability which may be incurred as a result
of damage to the POTW, fish kills or any other damage to person or
property; nor shall such notification relieve the user of any fines,
civil penalties or other liability which may be imposed by this article
or other applicable law.
C.
Notice to employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall ensure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
Local limits shall be established by the control
authority by resolution. The local limits shall be on a uniform concentration
limit basis or selected reductions for specific industrial users.
The pollutant limits established by the local limits are established
to protect against pass-through and interference. No person shall
discharge wastewater containing in excess of instantaneous maximum
allowable discharge limits as established by Township ordinance. The
local limits as established by the control authority resolution shall
apply at the point where the wastewater is discharged to the POTW.
All concentrations for metallic substances are for "total" metal unless
indicated otherwise. The control authority may impose mass limitations
in addition to or in place of the concentration-based limitations.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 163-28 of this article within the time limitations specified by the EPA, the state or the control authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the control authority and the Township for review and shall be acceptable to the control authority and the Township before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the control authority under the provisions of this article.
A.
Whenever deemed necessary, the control authority may
require users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate
sewage waste streams from industrial waste streams and such other
conditions as may be necessary to protect the POTW and determine the
user's compliance with the requirements of this article.
B.
The control authority may require any person discharging
into the POTW to install and maintain, on their property and at their
expense, a suitable storage and flow control facility to ensure equation
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
C.
Grease, oil and sand interceptors shall be provided
by the user when, in the opinion of the control authority or the Township,
they are necessary for the proper handling of wastewater containing
excessive amounts of grease and oil or sand; except that such interceptors
shall not be required for residential users. All interception units
shall be of type and capacity approved by the control authority and
the Township and shall be so located to be easily accessible for cleaning
and inspection. Such interceptors shall be inspected, cleaned and
repaired regularly, as needed, by the user at their expense.
D.
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
At least once every two years, the control authority
shall evaluate whether each significant industrial user needs an accidental
discharge/slug control plan. The control authority may require any
user to develop, submit for approval and implement such a plan. Alternatively,
the control authority may develop such a plan for any user. An accidental
discharge/slug control plan shall address, at a minimum, the following:
A.
Description of discharge practices, including nonroutine
batch discharges.
B.
Description of stored chemicals.
C.
Procedures for immediately notifying the control authority
and the Township of any accidental or slug discharge, as required
by this article.
D.
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
A.
Septic tank waste may be introduced into the POTW
only at locations designated by the control authority and at such
times as are established by the control authority. Such waste shall
not violate this article or any other requirements established by
the control authority. The control authority may require septic tank
waste haulers to obtain wastewater discharge permits.
B.
The control authority shall require haulers of industrial
waste to obtain wastewater discharge permits. The control authority
may require generators of hauled industrial waste to apply for wastewater
discharge permits. The control authority may prohibit the disposal
of hauled industrial waste. The discharge of hauled industrial waste
is subject to all other requirements of this article.
C.
Industrial waste haulers may discharge loads only
at locations designed by the control authority. No load may be discharged
without prior written consent of the control authority. The control
authority may collect samples of each hauled load to ensure compliance
with applicable standards. The control authority may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazard wastes.
It shall be unlawful to discharge within any
area under the jurisdiction of the Township and/or to the POTW any
wastewater except as authorized by the control authority in accordance
with the provisions of this article, subject to state and federal
laws and regulations.
When requested by the control authority and
with just cause, a user must submit information on the nature and
characteristics of its wastewater within 30 days of the request. The
control authority is authorized to prepare a form for this purpose
and may periodically require users to update this information.
A.
No significant industrial user shall discharge wastewater
into the POTW without first obtaining a wastewater discharge permit
from the control authority. A permitted user may discharge for the
time period specified in the permit.
B.
The control authority may require other users to obtain
wastewater discharge permits as necessary to carry out the purposes
of this article.
C.
Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this article and subjects
the wastewater discharge permittee to the sanctions set out in this
article. Obtaining a wastewater discharge permit does not relieve
a permittee of its obligation to comply with all federal and state
pretreatment standards or requirements or with any other requirements
of federal, state and local law.
Any user required to obtain a wastewater discharge
permit who was discharging wastewater into the POTW prior to the effective
date of this article and who wishes to continue such discharges in
the future shall, within 30 days after said date, apply to the control
authority for a wastewater discharge permit in accordance with this
article. Said user shall not cause or allow discharges to the POTW
to continue after 30 days of the effective date of this article except
in accordance with a wastewater discharge permit issued by the control
authority.
Any user required to obtain a wastewater discharge
permit who proposes to begin or recommence discharging into the POTW
must obtain such permit from the control authority prior to the beginning
or recommencing of such discharge. An application for this wastewater
discharge permit, in accordance with this article, must be filed at
least 90 days prior to the date upon which any discharge will begin
or recommence.
A.
Users required to obtain a wastewater discharge permit
shall complete and file with the control authority, and with a copy
to the Township, an application in the form prescribed in this article.
The control authority may require all users to submit as part of an
application the following information:
(2)
Description of activities, facilities and plant processes
on the premises, including a list of all raw materials and chemicals
used or stored at the facility which are or could accidentally or
intentionally be discharged to the POTW.
(3)
Number and type of employees, hours of operation and
proposed or actual hours of operation.
(4)
Each product produced by type, amount, process or
processes and rate of production.
(5)
Type and amount of raw materials processed (average
and maximum per day).
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, floor drains and appurtenances by
size, location and elevation and all points of discharge.
(7)
Time and duration of discharges.
(8)
Wastewater constituents and characteristics sampling
and analysis shall be performed in accordance with Section 304(g)
of the Act and 40 CFR, Part 136, as amended.
(9)
Any other information as may be deemed necessary by
the control authority and the Township to evaluate the wastewater
discharge permit application.
B.
Incomplete or inaccurate applications will not be
processed and will be returned to the user for revision.
All wastewater discharge permit applications
and user reports must be signed by an authorized representative of
the user and contain the following certification statement:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction 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."
|
The control authority will evaluate the data
furnished by the user, in consultation with the Township, and may
require additional information. Within 60 days of receipt of a complete
wastewater discharge permit application, the control authority will
determine whether or not to issue a wastewater discharge permit. The
control authority may deny any application for a wastewater discharge
permit, which does not comply with the requirements of this article
or applicable federal and state statutes and regulations.
A wastewater discharge permit shall be issued
for a specified time period, not to exceed five years from the effective
date of the permit. A wastewater discharge permit may be issued for
a period less than five years, at the discretion of the control authority.
Each wastewater discharge permit will indicate a specific date upon
which it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the control
authority to prevent pass-through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal
and protect against damage to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the control authority and the Township in accordance with §§ 163-50 and 163-52 of this article and provisions for furnishing the new owners or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits based on applicable pretreatment standards.
(4)
Self monitoring, sampling, reporting, notification
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type based on federal, state and local law.
(5)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements and any applicable
compliance schedule. Such schedule may not extend the time for compliance
beyond that required by applicable federal, state or local law.
B.
Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge,
time of discharge and/or requirements for flow regulation and equalization.
(2)
Requirements for the installation of pretreatment
technology, pollution control or construction of appropriate containment
devices, designed to reduce, eliminate or prevent the introduction
of pollutants into the treatment works.
(3)
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges.
(4)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW.
(5)
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(7)
A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
(8)
Other conditions as deemed appropriate by the control
authority, after consultation with the Township, to ensure compliance
with this article and state and federal laws, rules and regulations.
The control authority shall provide public notice
of the issuance of a wastewater discharge permit. Any person, including
the user, may petition the control authority to reconsider the terms
of a wastewater discharge permit within 30 days of notice of its issuance.
A.
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
C.
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
D.
If the control authority fails to act within 30 days,
a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
E.
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas of Montgomery County
within 30 days of the final administrative wastewater discharge permit
decision.
The control authority may modify a wastewater
discharge permit for good cause, including but not limited to the
following reasons:
A.
To incorporate any new or revised federal, state or
local pretreatment standards or requirements.
B.
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge
poses a threat to the POTW, Township or control authority personnel
or the receiving waters.
E.
Violation of any terms or conditions of the wastewater
discharge permit.
F.
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting.
G.
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13.
H.
To correct typographical or other efforts in the wastewater
discharge permit.
I.
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
A.
Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without approval
of the control authority and the Township. Any succeeding owner or
user shall also comply with the terms and conditions of the existing
permit, as well as any additional terms and conditions which may be
required, as a result of the proposed transfer.
B.
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 90 days'
advance notice to the control authority and the Township and the control
authority approves the wastewater discharge permit transfer. The notice
to the control authority must include a written certification by the
new owner or operator which:
C.
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
A.
The control authority may revoke a wastewater discharge
permit for good cause, including but not limited to the following
reasons:
(1)
Failure to notify the control authority and the Township
of significant changes to the wastewater prior to the changed discharge.
(2)
Failure to provide prior notification to the control authority and the Township of changed conditions pursuant to § 163-60 of this article.
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the control authority or his designated
representative or the Township timely access to the facility premises
and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines.
(9)
Failure to pay sewer charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the
wastewater discharge permit application.
(12)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility.
(13)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this article.
B.
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 163-45 of this article, a minimum of 90 days prior to the expiration of user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application form no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow monitoring devices used during the term of the prior permit.
A.
If another municipality or user located within another
municipality contributes wastewater which flows to the POTW through
the Township wastewater collection system, the Township and control
authority shall enter into an intermunicipal agreement with the contributing
municipality.
B.
Prior to entering into an agreement required by Subsection A above, the Township and control authority shall request the following information from the contributing municipality:
(1)
A description of the quality and volume of wastewater
discharged to the POTW by the contributing municipality.
(2)
An inventory of all users located within the contributing
municipality that are discharging to the POTW.
(3)
Such other information as the Township and control
authority may deem necessary.
C.
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in § 163-35 of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Township's ordinance or local limits.
(2)
A requirement for the contributing municipality to
submit a revised user inventory on at least an annual basis.
(3)
A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance, inspection
and sampling and enforcement will be conducted by the contributing
municipality; which of these activities will be conducted by the control
authority; and which of these activities will be conducted jointly
by the contributing municipality and the control authority.
(4)
A requirement for the contributing municipality to
provide the control authority and the Township with access to all
information that the contributing municipality obtains as part of
its pretreatment activities.
(5)
Limits on the nature, quality and volume of the contributing
municipality's wastewater at the point where it discharges to the
POTW.
(6)
Requirements for monitoring the contributing municipality's
discharge.
(7)
A provision ensuring the control authority, its designated
representative and the Township access to the facilities of users
located within the contributing municipality's jurisdictional boundaries
for the purpose of inspection, sampling and any other duties deemed
necessary by the control authority.
(8)
A provision specifying remedies available for breach
of the terms of the intermunicipal agreement and authorizing the Township
and control authority to take legal action to enforce the terms of
the contributing municipality's ordinance or impose and enforce pretreatment
standards.
A.
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority and the Township a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the control authority and the Township a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information
set forth below:
(1)
Identifying information. The name and address of the
facility, including the name of the operator and owner.
(2)
Environmental permits. A list of any environmental
control permits held by or for the facility.
(3)
Description operations. A brief description of the
nature, average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4)
Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary to
allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
Flow measuring devices shall be approved by the control authority
prior to installation. The flow measuring device shall be compatible
with the process involved and shall be accurate. All flow measuring
devices shall be calibrated semiannually, which calibration report
shall be included as part of the permit application.
(5)
Measurement of pollutants.
(a)
The categorical pretreatment standards applicable
to each regulated process.
(b)
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the control authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 163-65 of this article.
(6)
Certification. A statement, reviewed by the user's
authorized representative and certified to by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 163-57.
The following conditions shall apply to the schedule required by § 163-56B(7).
A.
The schedule shall contain progress increments (milestones)
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include but are not limited to hiring an engineer, completing
preliminary and final plans, executing contracts for major components,
commencing and completing construction and beginning and conducting
routine operation).
B.
No increment referred to above shall exceed six months.
C.
The user shall submit a progress report to the control
authority and the Township no later than 14 days following each date
in the schedule and the final date for compliance including, as a
minimum, whether or not it complied with the increment of progress,
the reason for any delay and, if appropriate, the steps being taken
by the user to return the construction to the established schedule.
D.
In no event shall more than one month elapse between
such progress reports to the control authority and the Township.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the control authority and the Township a report containing the information described in § 163-56B(4) through (6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 163-46 of this article.
A.
All significant industrial users shall, at a frequency
determined by the control authority but in no case less than quarterly,
submit a report to the control authority and the Township indicating
the nature and concentration of pollutants in the discharge which
are limited by pretreatment standards and the measured or estimated
average and maximum daily flows for the reporting period. All periodic
compliance reports must be signed and certified in accordance with
§ 164-46 of this article.
B.
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean and maintained in good working
order at all times. The failure of the user to keep its monitoring
facility in good working order shall not be grounds for the user to
claim that sample results are unrepresentative of its discharge.
Each user must notify the control authority
and the Township of any planned significant changes to the user's
operations or system which might alter the nature, quality or volume
of its wastewater at least 90 days before the change.
A.
The control authority or the Township may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 163-45 of this article.
C.
For purposes of this requirement, significant changes
include but are not limited to flow increases of 20% or greater and
the discharge of any previously unreported pollutants.
A.
In the case of any discharge, including but not limited
to accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the control authority and the Township of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and collective actions taken by the user.
B.
Within five days following such discharge, the user
shall submit a detailed written report to the Township and control
authority describing the cause(s) of the discharge and the measures
to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage
or other liability which may be incurred as a result of damage to
the POTW, natural resources or any other damage to person or property;
nor shall such notification relieve the user of any fines, penalties
or other liability which may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
When just cause exists, all users not required
to obtain a wastewater discharge permit shall provide appropriate
reports to the control authority as the control authority may require.
If sampling performed by a user indicates a
violation, the user must notify the control authority and the Township
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the result of the
repeat analysis to the control authority and the Township within 30
days after becoming aware of the violation. The user is not required
to resample if the control authority monitors at the user's facility
at least once a month or if the control authority samples between
the user's initial sample and when the user receives the results of
this sampling.
All pollutant analyses, including sample techniques,
to be submitted as a part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by EPA.
A.
Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the control authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides and volatile organic compounds must be obtained
using grab collection techniques.
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date or receipt of the report shall govern.
Users subject to the reporting requirements
of this article shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of
information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. Records shall include
the date, exact place, method and time of sampling and the name of
the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or the methods
used; and the results of such analyses. These records shall remain
available for a period of at least three years. This period shall
be automatically extended for the duration of any litigation concerning
the user, Township or the control authority or where the user has
been specifically notified of a longer retention period by the control
authority or his designated representative.
A.
Any user who commences the discharge of hazardous waste shall notify the control authority, Township, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 163-60 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 163-56, 163-58 and 163-59 of this article.
B.
Dischargers are exempt from the requirements of Subsection A above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under Section 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the control authority, Township, the EPA Regional Waste
Management Waste Division Director and state hazardous waste authorities
of the discharge of such substance within 90 days of the effective
date of such regulations.
D.
In the case of any notification made under this section,
the user shall certify that it 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.
E.
The provisions in this section do not create a right
to discharge any substance not otherwise permitted to be discharged
by this article, a permit issued thereunder or any applicable federal
or state law.
A.
Right of entry: inspection and sampling. The control
authority and Township shall have the right to enter the premises
of any user to determine whether the user is complying with all requirements
of this article and any wastewater discharge permit or order issued
hereunder. Users shall allow the control authority and Township access
to all parts of the premises for the purposes of inspection, sampling,
records examination and copying and the performance of any additional
duties. A user shall not obstruct block or otherwise interfere with
access to the sampling point(s).
(1)
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that upon presentation of suitable identification, the control
authority and Township will be permitted to enter without delay for
the purposes of performing specific responsibilities.
(2)
The control authority shall have the right to set
up on the user's property or require installation of such devices
as are necessary to conduct sampling and/or metering of the user's
operations.
(3)
The control authority, after consultation with the
Township, may require the user to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated semiannually to ensure their
accuracy.
(4)
Any temporary or permanent obstruction of safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written or verbal request of the
control authority and shall not be replaced. The costs of clearing
such access shall be born by the user.
(5)
Unreasonable delays in allowing the control authority
and Township access to the user's premises shall be a violation of
this article.
B.
Search warrants. If the control authority and Township
has been refused access to a building, structure or property or any
part thereof and is able to demonstrate probable cause to believe
that there may be a violation of this article or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program of the control authority designed to verify compliance with
this article or any permit or order issued hereunder or to protect
the overall public health, safety and welfare of the community, then
the control authority or Township may seek issuance of a search warrant
from the Court of Common Pleas of Chester County, Pennsylvania, or
other court of competent jurisdiction.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, monitoring
programs and from the control authority or Township's inspection and
sampling activities shall be available to the public without restriction,
unless the user specifically requests and is able to demonstrate to
the satisfaction of the control authority that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets under applicable state law.
Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the user using
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to NPDES program or pretreatment program and in enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics and other effluent data, as defined
by 40 CFR 2.302, will not be recognized as confidential information
and will be available to the public without restriction.
[Amended 4-7-2008 by Ord. No. HR-369]
The control authority shall publish annually,
in a newspaper of general circulation that provides meaningful public
notice within the jurisdiction served by the POTW, a list of the users
which, during the previous 12 months, were in significant noncompliance
with applicable pretreatment standards and requirements. The term
"significant noncompliance" shall mean:
A.
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of wastewater measurements
taken during a six-month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount.
B.
Technical review criteria (TRC) violations, defined
here as those in which 33% or more of wastewater measurements taken
for each pollutant parameter during a six-month period equals or exceeds
the product of the daily maximum limit or the average limit multiplied
by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease
and 1.2 for all other pollutants except pH).
C.
Any other discharge violation that the control authority
believes has caused, alone or in combination with other discharges,
interference or pass-through, including endangering the health of
POTW personnel or the general public.
D.
Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment or has resulted in
the control authority's exercise of its emergency authority to halt
or prevent such a discharge.
E.
Failure to meet, within 30 days of the scheduled date,
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction or attaining final compliance.
F.
Failure to provide within 30 days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports and reports on compliance with compliance
schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violation(s) which the control authority
determines will adversely affect the operation or implementation of
the local pretreatment program.
A.
Notification of violation. When the control authority
finds that a user has violated or continues to violate any provision
of this article, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement, the control authority
may serve upon that user a written notice of violation. Within 30
days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the user
to the control authority. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the notice of violation. Nothing in this section shall
limit the authority of the control authority to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
B.
Consent orders. The control authority may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsection D and E of this section.
C.
Show cause hearing. The control authority may order
a user which has violated or continues to violate any provision of
this article a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement to appear before
the control authority and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
user. A show cause hearing shall not be a bar against or prerequisite
for taking any other action against the user.
D.
Compliance orders. When the control authority finds
that a user has violated or continues to violate any provision of
this article, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement, the control authority
may issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the
user does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against or a prerequisite for taking any
other action against the user.
E.
Cease and desist orders.
(1)
When the control authority finds that a user has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement or that the user's past violations are likely
to recur, the control authority may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
(2)
Issuance of a cease and desist order shall not be
a bar against or a prerequisite for taking any other action against
the user.
F.
Administrative civil penalties.
(1)
When the control authority finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the control authority may fine such a user in an amount not to exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of § 163-73B and D of this article.
(2)
A lien against the user's property will be sought
for unpaid charges, fines and penalties.
(3)
Users desiring to dispute such fines must file a written
request for the control authority to reconsider the fine along with
full payment of the fine amount within 30 days of being notified of
the fine. Where a request has merit, the control authority may convene
a hearing on the matter. In the event that the user's appeal is successful,
the payment, together with any interest accruing there on, shall be
returned to the user. The control authority may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
(4)
Issuance of an administrative fine shall not be a
bar against or a prerequisite for taking any other action against
the user.
G.
Emergency suspensions.
(1)
The control authority may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The control authority may also
immediately suspend a user's discharge, after notice and opportunity
to respond, that threatens to interfere with the operation of the
POTW or which represents or may present an endangerment to the environment.
(a)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in Subsection H of this section are initiated against the user.
(b)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under Subsection C or H of this section.
(2)
Nothing in this subsection shall be interpreted as
requiring a hearing prior to any emergency suspension under this section.
H.
Termination of discharge.
(1)
In addition to the provisions in § 163-54 of this article, any user who violates the following conditions is subject to discharge termination:
(a)
Violation of wastewater discharge permit conditions.
(b)
Failure to accurately report the wastewater
constituents and characteristics of its discharge.
(c)
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge.
(d)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling.
(2)
Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under Subsection C of this section why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to or a prerequisite for taking any other action against the user.
A.
Injunctive relief. When the control authority finds
that a user has violated or continues to violate any provision of
this article, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement, the control authority
may petition the Court of Common Pleas of Chester County, Pennsylvania,
or other competent jurisdiction for appropriate legal and equitable
relief, including the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance
of the wastewater discharge permit order or other requirement imposed
by this article on activities of the user. Relief requested may also
include requirements for environmental remediation. A petition for
injunctive relief shall not be a bar against or a prerequisite for
taking any other action against a user.
B.
Civil penalties.
(1)
A user who has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall be liable to the control authority for a maximum civil penalty of $25,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. Such penalty may be assessed in accordance with § 163-74D of this article.
(2)
The control authority or the Township may recover
reasonable attorneys' fees, court costs and other expenses associated
with enforcement activities, including sampling and monitoring expenses
and the cost of any actual damages incurred by the control authority
or the Township.
(3)
In determining the amount of civil liability, there
shall be taken into account all relevant circumstances, including
but not limited to the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the
compliance history of the user and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar
against or a prerequisite for taking any other action against a user.
C.
Criminal prosecution. A user who willfully or negligently
violates any provision of this article, a wastewater discharge permit
order issued hereunder, any other pretreatment standard or requirement
or who willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage or any user who
knowingly makes any false statements, representations or certifications
in any application, record, report, plan or other document filed or
required to be maintained pursuant to this article, a wastewater discharge
permit or order issued under this article or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device of method
required under this article may be subject to criminal prosecution
in accordance with the applicable provisions of the Pennsylvania Crimes
Code (18 Pa.C.S.A. § 101 et seq.).
D.
Remedies nonexclusive. The remedies provided for in
this article are not exclusive. The control authority may take any,
all or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance
with the control authority's enforcement response plan. However, the
control authority may take other action against any user when the
circumstances warrant. Further, the control authority is empowered
to take more than one enforcement action against any noncompliant
user.
A.
Performance bonds. The control authority may decline
to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this article, a previous
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, unless such user first files
a satisfactory bond, payable to the Township, in a sum not to exceed
a valued determined by the control authority to be necessary to achieve
consistent compliance.
B.
Liability insurance. The control authority may decline
to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this article, a previous
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, unless the user submits proof
that it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its discharge.
C.
Public nuisances. A violation of any provision of
this article, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement is hereby declared
a public nuisance and shall be corrected or abated as directed by
the control authority or the Township. Any person(s) creating a public
nuisance shall be subject to the provisions of the Second Class Township
Code[1] and applicable Township ordinances governing such nuisances,
including reimbursing the control authority or Township for any costs
incurred in removing, abating or remedying said nuisance.
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
D.
Assessment of civil penalties.
(1)
Pursuant to the provisions of Act 9 of 1992[2] providing for enhanced penalty authority for publicly
owned treatment works which are authorized to enforce industrial pretreatment
standards for industrial waste discharges, and in addition to proceeding
under any other remedy available at law or equity for violation of
pretreatment standards and/or requirements, the control authority,
as the operator of a publicly owned treatment works, may assess a
civil penalty upon an industrial user for violation of any of the
terms and provisions of this article. The penalty may be assessed
whether or not the violation was willful or negligent. The civil penalty
shall not exceed $25,000 per day for each violation, regardless of
jurisdictional boundaries. Each violation for each separate day shall
constitute a separate and distinct defense under this section.
[2]
Editor's Note: See 35 P.S. § 752.1
et seq.
(2)
As part of any notice of assessment of civil penalties
issued by the control authority to an industrial user, there shall
also be included a description of the applicable appeals process to
be followed, including the name, address and telephone number of the
person responsible for accepting such appeal on behalf of the control
authority.
(3)
For purposes of this section, a single operational
upset which leads to simultaneous violations of more than one pretreatment
standard or requirement shall be treated as a single violation as
required by Federal Water Pollution Control Act. The control authority
may, however, recover its costs for reestablishing the operation of
the treatment works in addition to any civil penalty imposed under
this section.
(4)
The control authority has publicly adopted a formal,
written civil penalty assessment policy as Resolution No. 93-25 on
April 22, 1993, and made it publicly available. Said policy is incorporated
herein by reference. Each industrial discharger participating in the
pretreatment program shall be given written notice of the policy.
The penalty assessment policy shall consider:
(a)
Damage to air, water, land or other natural
resources of the Commonwealth of Pennsylvania and their uses.
(b)
Costs of restoration and abatement.
(c)
Savings resulting to the person in consequence
of the violation.
(d)
History of past violations.
(e)
Deterrence of future violations.
(f)
Other relevant factors.
(5)
Uses for penalties. All civil penalties collected
pursuant to this section shall be placed by the control authority
in a restricted account and shall only be used by the control authority
and the publicly owned treatment works for the following uses:
(a)
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.
(b)
Pay any penalties imposed on the control authority
or the publicly owned treatment works by the federal or state government
for violation of pretreatment standards.
(c)
For the costs incurred by the control authority,
the Township or publicly owned treatment works to investigate and
take the enforcement action that resulted in a penalty being imposed.
(d)
For the monitoring of discharges in the pretreatment
program and for capital improvements to the treatment works, including
sewage collection lines, which may be required by the pretreatment
program.
(e)
Any remaining funds may be used for capital
improvements to the treatment works, including collection lines owned
by the control authority or the Township.
(6)
Injunctive relief.
(a)
The control authority shall have the power to
obtain injunctive relief to enforce compliance with or restrain any
violation of any pretreatment requirement or standard pursuant to
and in accordance with the provisions of Act 9 of 1992[3] and 40 CFR 403.8(f)(1)(vi)(A). Injunctive relief shall
be available upon the showing of one or more of the following:
[1]
A discharge from an industrial user presents
an imminent danger or substantial harm to the POTW or the public.
[2]
A discharge from an industrial user presents
an imminent or substantial endangerment to the environment.
[3]
A discharge from an industrial user causes the
POTW to violate any condition of its discharge permit.
[4]
The industrial user has shown a lack of ability
or intention to comply with a pretreatment standard.
[3]
Editor's Note: See 35 P.S. § 752.1
et seq.
(b)
Notwithstanding the preceding subsection, an
injunction affecting an industrial operation not directly related
to the condition or violation in question may be issued if the court
determines that other enforcement procedures would not be adequate
to affect prompt correction of the condition or violation. In addition
to an injunction, the court in any such proceedings may levy civil
penalties in accordance with Act 9 of 1992[4] and this article.
[4]
Editor's Note: See 35 P.S. § 752.1
et seq.
(7)
An industrial user assessed with a civil penalty under
the terms of this section shall have the right to file an appeal to
contest either the amount of the penalty or the fact of the violation,
within 30 days of the assessment of the civil penalty, pursuant to
2 Pa.C.S.A. Section 101 et seq. (relating to administrative law and
procedure). Failure to appeal within this period shall result in a
waiver of all legal rights to contest the violation or the amount
of the penalty.
[Amended 7-15-2002 by Ord. No. HR-308]
(8)
The penalty authorized in this section is intended
to be concurrent and cumulative and the provisions of this section
shall not abridge or alter any right of action or remedy, now or hereafter
existing in equity or under the common law or statutory law, criminal
or civil, available to a person, the control authority or Township
or the commonwealth.
E.
Falsifying information. Any person who knowingly makes
any false statements, representation or certification in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this article or wastewater discharge permit or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this article shall be prosecuted in accordance
with the provisions of the Pennsylvania Crimes Code pertaining to
perjury and falsification in official matters pursuant to 18 Pa.C.S.A. § 4901
et seq.
A.
Upset.
(1)
For the purposes of this section, "upset" means an
exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors
beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3) below are met.
(3)
A user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs or other relevant evidence, that:
(a)
An upset occurred and the user can identify
the cause(s) of the upset.
(b)
The facility was at the time being operated
in a prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures.
(c)
The user has submitted the following information
to the control authority and the Township within 24 hours of becoming
aware of the upset (if this information is provided orally, a written
submission must be provided within five days):
[1]
A description of the indirect discharge and
cause of noncompliance.
[2]
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the noncompliance
is expected to continue.
[3]
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to
establish the occurrence of an upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
Users shall control production of all discharges to
the extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in situations where, among other
things, the primary source of power of the treatment facility is reduced,
lost or fails.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 163-28 of this article or the specific prohibitions in § 163-29 of this article except Subsection A(1), (2) or (8), if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
(1)
A local limit exists for each pollutant discharged
and the user was in compliance with each limit directly prior to and
during the pass-through or interference; or
(2)
No local limits exists, but the discharge did not
change substantially in nature or constituents from the user's prior
discharge when the control authority was regularly in compliance with
its NPDES permit and, in the case of interference, was in compliance
with applicable sludge use or disposal requirements.
C.
Bypass.
(1)
For the purposes of this section:
(a)
"Bypass" means the intentional diversion of
waste streams from any portion of a user's treatment facility.
(b)
"Severe property damage" means substantial physical
damage to property, damage to the treatment facilities which causes
them to become inoperable or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
(3)
Notice.
(a)
If a user knows in advance of the need for a
bypass, it shall submit prior notice to the control authority at least
10 days before the date of the bypass, if possible.
(b)
A user shall submit oral notice to the control
authority of an unanticipated bypass that exceeds applicable pretreatment
standards within 24 hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause; the duration
of the bypass, including exact dates and times; and, if the bypass
has not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate and prevent reoccurrence
of the bypass.
(4)
Enforcement.
(a)
Bypass is prohibited and the control authority
may take an enforcement action against a user for a bypass unless:
[1]
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage.
[2]
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
wastes or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal period of equipment
downtime or preventive maintenance.
A.
Purpose. It is the purpose of this article to provide
for the recovery of costs from users of the control authority and
Township's wastewater disposal system for the implementation of the
program established herein. The applicable charges or fees shall be
set forth in the control authority's schedule of charges and fees.
B.
Charges and fees.
(1)
The Township and/or the control authority may adopt
by resolution charges and fees which may include:
[Amended 3-21-2005 by Ord. No. HR-336]
(a)
Fees for reimbursement of costs of setting up
and operating the control authority's pretreatment program.
(b)
Fees for monitoring, inspections and surveillance
procedures.
(c)
Fees for reviewing accidental discharge procedures
and construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal of pollutants otherwise
subject to federal pretreatment standards.
(g)
Other fees as the control authority may deem
necessary to carry out the requirements herein.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees or sewer rentals
chargeable by the control authority or Township.
