[Adopted 5-11-1987 by Ord. No. 604 (Ch. 70, Art. IV, of the 1971 Code)]
A.
This article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system for the Borough of Columbia and enables the Borough to comply
with applicable state and federal laws required by the Clean Water
Act of 1977,[1] as amended, and the General Pretreatment Regulations (40
CFR 403).
[1]
Editor's Note: See 33 U.S.C. § 1251
et seq.
B.
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the municipal
wastewater system which will interfere with the operation of the system
or contaminate the resulting sludge.
(2)
Prevent the introduction of pollutants into the municipal
wastewater system which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
Improve the opportunity to recycle and reclaim wastewaters
and sludges from the system.
(4)
Provide for equitable distribution of the cost of
the municipal wastewater system.
C.
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 the other users, authorizes monitoring
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.
D.
This article shall apply to the Borough of Columbia
and to persons outside the Borough who are, by contract or agreement
with the Borough, users of the Borough POTW. This article is a supplement
to Ordinance No. 513, as amended,[2] and supersedes Ordinance No. 586, as amended. Except as
otherwise provided herein, the Wastewater Treatment Plant Manager
of the Borough POTW shall administer, implement and enforce the provisions
of this article.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF USER
(1)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BUILDING SEWER
CONTROL AUTHORITY
COOLING WATER
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
DIRECT DISCHARGE
DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD
NEW SOURCE
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEWER
SIGNIFICANT INDUSTRIAL USER
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
Definitions. 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 Director in a NPDES state with an approved state pretreatment
program and the Administrator of the EPA in a non-NPDES state or NPDES
state without an approved state pretreatment program.
The chief executive officer or the chief operating
officer of the user if the user is a corporation;
A partner or the general manager of the user
if the user is a partnership;
The owner or the general manager of the user
if the user is a proprietorship; or
The person duly designated as the responsible
individual by a corporation, partnership or proprietorship, provided
that such person shall be actually responsible for the overall operation
of the user.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20º C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)], as performed in the latest edition of Standard
Methods.
The Borough of Columbia or the Borough Council of Columbia
or its designated official or officials or employee or employees.
A sewer conveying wastewater from the premises of a user
to the POTW.
The Wastewater Treatment Plant Manager.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The release of, or the act of releasing, wastewater from
the point of generation or the point of storage.
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 or any agency or
department of the United States succeeding to the existing jurisdiction
or responsibility of the Environmental Protection Agency.
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 collected
over a period of time not exceeding 15 minutes but shall reasonably
reflect actual discharge conditions for that instant.
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 nondomestic pollutants
from any source regulated
under Section 307(b) or (c) of the Act into the POTW, including holding
tank waste discharged into the system.
A user who is engaged in whole or in part in the manufacture,
conversion or assembly of any product, commodity or article or in
a trade, business or profession or which uses or maintains property
for social, religious, educational, charitable or public use; or a
source of indirect discharge which does not contribute a discharge
of pollutants under regulations issued pursuant to Section 402 of
the Act.
The inhabitation or disruption of the POTW treatment processes
or operations, including, without limitation, any inhibition or disruption
which contributes to a violation of any requirement of the Borough's
NPDES permit or which prevents sewage sludge use or disposal by the
POTW in accordance with Section 405 of the Act or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act or more
stringent state criteria, including those contained in any state sludge
management plan prepared pursuant to Title IV of the SWDA, applicable
to the method of disposal or use employed by the POTW.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act.
A permit issued pursuant to Section 402 of the Act.
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a standard of
performance under Section 306 of the Act which will be applicable
to such source, if such standard is thereafter promulgated in accordance
with Section 306 of the Act.
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, and the
singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in standard "pH" units, as performed in
the latest edition of Standard Methods.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water or any material that, when added to water, shall
render that water (either because of the nature or quantity of the
material) unacceptable for its original intended use.
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 process changes or other means, except as prohibited
by 40 CFR 403.6(d).
Any federal, state or local substantive or procedural requirement
related to pretreatment, other than a National Categorical Pretreatment
Standard or National Prohibitive Discharge Standard imposed on an
industrial user.
Any National Categorical Pretreatment Standard or National
Prohibitive Discharge Standard or pretreatment requirement whether
now in effect or enacted subsequent hereto, including, without limitation,
all regulations issued by appropriate bodies related to such pretreatment
standard.
A "treatment works" defined by Section 212 of the Act, which
is owned in this instance by the Columbia Municipal Authority. This
definition includes any sewers that convey wastewater to the POTW
treatment plant. For the purposes of this article, "POTW" shall also
include any sewers that convey wastewater to the POTW from persons
outside the Borough who are, by contract or agreement with the Borough,
users of the POTW.
A pipe or conduit for carrying wastewater.
Any industrial user of the Borough's POTW who has a discharge
flow of 25,000 gallons or more per average workday; who has a flow
greater than 5% of the flow in the Borough's POTW per average workday;
who has in its wastes toxic pollutants; who is found by the Borough,
the DEP or the EPA to have significant impact, either singly or in
combination with other contributors, on the POTW, the quality of sludge,
the system's effluent quality or air emissions generated by the system;
which is a categorical industry under the regulations promulgated
pursuant to Section 306(b)(1)(H) of the Act and 40 CFR Chapter I,
Subchapter N, as the same may be amended or revised; or who is found
to have violated any standard made applicable by this article by sampling
and monitoring procedures established by the Borough.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, as the same may be revised or amended
from time to time.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter in wastewater that is retained
on a standard laboratory filter after filtration of a well-mixed sample,
expressed in mg/l, as performed in the latest edition of Standard
Methods.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA under the provision of Section
307(a) of the Act or other Acts or in any pretreatment standard.
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's POTW.
The liquid- and water-carried wastes from any structure or
use, including, without limitation, dwellings, commercial buildings,
industrial facilities and institutions, whether treated or untreated.
As set forth in § 173-55 of this article.
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.
B.
Abbreviations: The following abbreviations shall have
the designated meanings:
BOD
|
—
|
Biochemical oxygen demand
| |
CFR
|
—
|
Code of Federal Regulations
| |
COD
|
—
|
Chemical oxygen demand
| |
DEP
|
—
|
Department of Environmental Protection
| |
EPA
|
—
|
Environmental Protection Agency
| |
l
|
—
|
Liter
| |
mg
|
—
|
Milligrams
| |
mg/l
|
—
|
Milligrams per liter
| |
NPDES
|
—
|
National Pollutant Discharge Elimination System
| |
POTW
|
—
|
Publicly owned treatment works
| |
SIC
|
—
|
Standard Industrial Classification
| |
SWDA
|
—
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
USC
|
—
|
United States Code
| |
TSS
|
—
|
Total suspended solids
|
C.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will cause
interference with the operation or performance of the POTW. These
general prohibitions apply to all users of the POTW whether or not
the user is subject to National Categorical Pretreatment Standards
or any other federal, state or local pretreatment standard. A user
may not contribute the following substances to the POTW:
(1)
Any liquids, solids or gases which by reason of their
nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or to the operation of the POTW. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substance which is a fire hazard or a hazard to the
system. The determination of the entry of these prohibited materials
into the POTW shall be by the laboratory analysis of a grab sample
and/or by the use of an explosion hazard meter. At no time shall two
successive readings on an explosion meter at the point of discharge
into the system, or at any point in the system, be more than 5% nor
any single reading over 10% of the lower explosive limit (LEL) of
the meter.
(2)
Solid or viscous substances which may cause obstruction
to the flow in a sewer or may cause other interference with the operation
of the POTW such as, but not limited to, grease, garbage with particles
greater than 1/2 inch in any dimension, animal guts or tissues,
paunch, manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains,
spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud
or glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 6.0 or greater
than 9.0 or wastewater having any other corrosive property capable
of causing damage or hazard to structures, equipment and/or personnel
of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other pollutants, to
injure or to cause interference with the operation of the POTW, constitute
a hazard to humans or animals, create a toxic effect in the receiving
waters of the POTW or exceed the limitation set forth in a National
Categorical Pretreatment Standard.
(5)
Any noxious or malodorous liquids, gases or solids
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for maintenance and repair.
(6)
Any substance which may cause the POTW's effluent
or any other product of the POTW, such as residues, sludges or scums,
to be unsuitable for reclamation and reuse or to cause interference
with the reclamation process. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations developed under Section
405 of the Act or any criteria, guidelines or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substances Control Act or state
criteria applicable to the sludge management method being used.
(7)
Any substance which will cause the POTW to violate
its NPDES and/or state or DEP disposal system permit or the receiving
water quality standards.
(8)
Any wastewater with color, such as but not limited
to dye wastes and vegetable tanning solutions.
(9)
Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant resulting in interference,
but in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40º C. (104º F.).
(10)
Any pollutants, including oxygen-demanding pollutants
(BOD, etc.), released at a flow rate and/or pollutant concentration
which will cause interference to the POTW. In no case shall a slug
load have a flow rate or contain concentration or qualities or pollutants
that on a grab sample exceed five times the average twenty-four-hour
concentration, quantities or flow during normal operation as established
by the Borough.
(11)
Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limits
established by any pretreatment standard.
(12)
Any wastewater containing more than 20 milligrams
per liter of oil and grease, if the oil and grease is of unknown or
petroleum origin, or any wastewater containing more than 100 milligrams
per liter of oil and grease, if the oil and grease is determined to
be of an animal or vegetable origin. The differentiation between oil
and grease of animal/vegetable origin and those of petroleum origin
will be determined by laboratory analysis for hydrocarbons as performed
in the latest edition of Standard Methods.
(13)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
B.
When the Wastewater Treatment Plant Manager determines
that a user is contributing to the POTW any of the above enumerated
substances in such amounts as to cause interference with the operation
of the POTW, the Wastewater Treatment Plant Manager shall advise the
user of the impact of the contribution of the POTW and develop effluent
limitations for such user to correct the interference with the POTW.
In addition, the Wastewater Treatment Plant Manager may take such
action or actions as he may determine to be necessary to correct the
interference and to enforce the provisions of this article.
Upon the promulgation of National Categorical
Pretreatment Standards for a particular industrial subcategory, the
National Categorical Pretreatment Standard, if more stringent than
limitations imposed under this article for sources in that subcategory,
shall immediately supersede the limitations imposed under this article.
The Wastewater Treatment Plant Manager shall notify all affected users
of the applicable reporting requirements under 40 CFR 403.12.
Where the Borough's POTW achieves consistent
removal of pollutants limited by National Categorical Pretreatment
Standards, the Borough may apply to the approval authority for the
modification of specific limits in the National Categorical Pretreatment
Standards.
No person shall discharge wastewater containing
concentrations exceeding those presented in the following table:
Substance
|
24-Hour Composite
(mg/l)
|
Instantaneous Grab
(mg/l)
|
---|---|---|
Cadmium (Cd)
|
0.1
|
0.15
|
Chromium (total)
|
0.5
|
1.0
|
Chromium (hexavalent)
|
0.1
|
0.2
|
Copper (Cu)
|
0.4
|
1.0
|
Cyanide (CN) (total)
|
0.1
|
0.2
|
Iron (Fe)
|
10
|
15
|
Lead (Pb)
|
0.5
|
1.0
|
Mercury (Hg)
|
0.01
|
0.02
|
Nickel (Ni)
|
0.5
|
1.0
|
Phenols (C6H5OH)
|
1.0
|
2.0
|
Zinc (Zn)
|
0.7
|
1.4
|
Silver (Ag)
|
0.5
|
1.8
|
Aluminum (Al)
|
10.0
|
15.0
|
Tin (Sn)
|
1.0
|
1.5
|
Where state pretreatment requirements or pollutant
limitations or National Categorical Pretreatment Standards or National
Prohibitive Discharge Standards are more stringent than the limitations
in this article, the most stringent of such requirements or pollutant
limitations shall apply.
The Borough reserves the right to establish more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 173-39 of this article.
No user, without prior Borough approval, shall
ever increase the use of process water or, in any way, attempt to
dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the limitations contained in
the National Categorical Pretreatment Standards or in any other pretreatment
standard or pollutant-specific limitation developed by the Borough
or state.
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's or user's
cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Borough
for review and shall be approved by the Borough before construction
of any new facility. All existing users shall complete such a plan
within six months after notification by the Wastewater Treatment Plant
Manager. No user who commences contribution to the POTW after the
effective date of this article shall be permitted to introduce pollutants
into the POTW until accidental discharge procedures have been approved
by the Borough. Review and approval of such plans and operating procedures
shall not relieve the 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 telephone and notify the Wastewater Treatment
Plant Manager of the incident. The Borough will provide each user
with the proper procedures to be used in the event of an accidental
discharge. The notification by the user shall include location of
discharge, type of waste, concentration and volume and corrective
actions. The user shall provide such other information as the Borough
may from time to time request with respect to the discharge.
B.
Written notice. Within five days following an accidental
discharge, the user shall submit to the Wastewater Treatment Plant
Manager 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 a dangerous discharge, as provided
by the Borough. Employers shall ensure that all employees who may
cause or suffer such a dangerous discharge to occur are advised of
the emergency notification procedure.
A.
The sampling procedure for the determination of unacceptable wastewater as specified in §§ 173-41 through 173-51 of this article, any wastewater discharge permit or any pretreatment standard shall be as follows:
(1)
An eight-hour composite shall consist of samples collected
and composited every half hour during a normal eight-hour working
day.
(2)
A twenty-four-hour composite shall consist of samples
collected and composited every half hour over a twenty-four-hour period.
(3)
The instantaneous maximum value will be determined
by analysis of a grab sample.
(4)
A flow-proportioned sample shall be collected daily
according to flow.
B.
All sample collection procedures will be performed
with EPA approved methods as required under 40 CFR 136.
C.
Samples shall be collected at a monitoring location
designated by the Borough or at the monitoring location as specified
in the user's wastewater discharge permit.
D.
Each user shall maintain records of all information
resulting from monitoring activities required by any pretreatment
standard. Such records shall include for all samples:
All analyses of samples shall be performed with
EPA approved methods as required under 40 CFR 136. Where 40 CFR 136
does not include a sampling or analytical technique for the pollutant
in question, sampling and analysis shall be performed in accordance
with the procedures set forth in the EPA publication, Sampling and
Analysis Procedures for Screening of Industrial Effluents for Priority
Pollutants, April 1977, and amendments thereto, or with any other
sampling and analytical procedures approved by the EPA.
Any and all federal or state requirements and
limitations on industrial discharges, either present or future, may
be added to this article by amendment in any case where they are more
stringent than those in this article or in the case that the requirements
or limitations are not addressed in this article. In cases in which
limitations set under this article are more stringent than either
federal or state requirements, those limits set by this article shall
supersede those set by the federal or state governments.
It is the purpose of this article to provide
for the recovery of costs from users of the Borough's POTW for the
implementation of the program established herein. The applicable charges
or fees shall be set by the Borough by ordinance or resolution.
A.
The Borough may adopt, by resolution, from time to
time, charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and
operating the Borough's pretreatment program.
(2)
Fees for monitoring, inspections and surveillance
procedures.
(3)
Fees for reviewing accidental discharge procedures
and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal by the Borough of pollutants
otherwise subject to National Categorical Pretreatment Standards.
(7)
Other fees as the Borough may deem necessary to carry
out the requirements contained herein.
B.
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
Borough.
It shall be unlawful to discharge to any natural
outlet within the Borough of Columbia, or in any area under the jurisdiction
of said Borough, and/or to the POTW any wastewater except as authorized
by the Wastewater Treatment Plant Manager in accordance with the provisions
of this article.
A.
General permits. All significant industrial users
proposing to connect to or to contribute to the POTW shall obtain
a wastewater discharge permit at least 90 days before connecting to
or contributing to the POTW. All existing significant industrial users
connected to or contributing to the POTW shall apply for a wastewater
discharge permit within 30 days after notification from the Wastewater
Treatment Plant Manager.
B.
Permit application.
(1)
Users required to obtain a wastewater discharge permit shall complete and file with the Borough an application in the form prescribed by the Borough, which shall be substantially in the form set forth in § 173-72 of this article, and shall submit a fee as set from time to time by resolution of the Borough Council. The application shall be executed by an authorized representative of the user. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following:
(a)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any pretreatment
standard and a statement regarding whether or not all applicable pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation maintenance and/or additional pretreatment is
required for the user to meet applicable pretreatment standards.
(b)
Information as to whether additional pretreatment
and/or operation and maintenance will be required to meet the applicable
pretreatment standards, along with the shortest schedule by which
the user will provide such additional pretreatment. The completion
date in the schedule shall not be later than the compliance date established
for the applicable pretreatment standards.
(2)
The Borough will evaluate the data furnished by the
user and may require additional information. After evaluation and
acceptance of the data furnished, the Borough may issue a wastewater
discharge permit subject to terms and conditions provided herein.
C.
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by § 173-55B, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Wastewater Treatment Plant Manager within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by § 173-55B(1)(a) of this article.
D.
Permit conditions. Wastewater discharge permits shall
be expressly subject to all provisions of this article and all other
applicable regulations, user charges and fees established by the Borough.
Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a sewer.
(2)
Limitations on the average and maximum wastewater
constituents and characteristics.
(3)
Limitations on average and maximum rate and time of
discharge or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection,
sampling and monitoring facilities.
(5)
Specifications for monitoring programs, which may
include sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or
discharge reports.
(8)
Requirements for maintaining and retaining records
relating to wastewater discharge, as specified by the Borough, and
affording Borough access thereto.
(9)
Requirements for notification of the Borough of any
new introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the POTW.
(10)
Requirements for notification of slug discharges.
(11)
Other conditions as deemed appropriate by the
Borough to ensure compliance with this article.
E.
Permits duration. Permits shall be issued for a time period of three years and will expire on a specific date. The Borough may increase or decrease the permit duration at any time, upon 30 days' notification prior to the effective date of change. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as limitations or requirements as identified in §§ 173-41 through 173-51 are modified or other just cause exists. The user shall be informed of any proposed change in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F.
Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises or a new or changed operation without
the approval of the Borough. Any succeeding owner or user shall also
comply with the terms and conditions of the existing permit.
A.
Compliance date report. Within 180 days following
the date for final compliance with applicable pretreatment standards
or, in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
shall submit to the Wastewater Treatment Plant Manager a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by pretreatment standards
and the average and maximum daily flow for these process units in
the user facility which are limited by such pretreatment standards.
The report shall state whether the applicable pretreatment standards
are being met on a consistent basis and, if not, what additional operation
and maintenance and/or pretreatment is necessary to bring the user
into compliance with the applicable pretreatment standards. This statement
shall be signed by an authorized representative of the user and certified
to by a qualified professional.
B.
Periodic compliance reports.
(1)
Any user subject to a National Categorical Pretreatment
Standard, after the compliance date of such pretreatment standard
or, in the case of a new source, after commencement of the discharge
to the POTW, shall submit to the Wastewater Treatment Plant Manager
during the months of June and December a report indicating the nature
and concentration of pollutants in the user's discharge to the POTW
which are limited by such pretreatment standards or by limitations
contained in the user's wastewater discharge permit. In addition,
this report shall include a record of actual or estimated discharge
flow to the POTW and a record of all daily flows for any regulated
process stream or other streams as necessary to allow use of the combined
waste stream formula set forth at 40 CFR 403.8(e). At the discretion
of the Wastewater Treatment Plant Manager and in consideration of
such factors as local high or low flow rates, holidays, budget cycles,
etc., the Wastewater Treatment Plant Manager may agree to alter the
months during which the above reports are to be submitted.
(2)
The Wastewater Treatment Plant Manager may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Wastewater Treatment Plant Manager, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA.
(3)
All reports required by this article or the user's
wastewater discharge permit shall be signed by an authorized representative
of the user.
A.
The Borough may require to be provided and operated
at the user's own expense monitoring facilities to allow inspection,
sampling and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility should normally be situated
on the user's premises, but the Borough may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles.
B.
There shall be ample room in or near the monitoring
facility to allow accurate sampling and preparation of samples for
analysis. The monitoring facility shall be maintained at all times
in a safe and proper operating condition at the expense of the user.
C.
Whether constructed on public or private property,
the monitoring facilities shall be provided in accordance with the
Borough's requirements and all applicable local construction standards
and specifications. Construction shall be completed within 90 days
following written notification by the Borough.
The Borough may inspect the facilities of any
user to ascertain whether the purpose of this article is being met
and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or where there is a wastewater
discharge shall allow the Borough or its representative ready access
at all reasonable times to all parts of the premises for the purpose
of inspection, sampling, records examination or in the performance
of any of its duties. The Borough, approval authority and EPA shall
have the right to set up on the user's property such devices as are
necessary to conduct sampling inspection, compliance monitoring and/or
metering operations. Where a user has security measures in force which
would require proper identification and clearance before entry into
its premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification,
personnel from the Borough, approval authority and EPA will be permitted
to enter, without delay, for the purpose of performing their specific
responsibilities.
A.
Users shall provide necessary wastewater treatment
as required to comply with this article and shall achieve compliance
with all National Categorical Pretreatment Standards within the time
limitations as specified by the National Categorical Pretreatment
regulations. Any facilities required to provide pretreatment of wastewater
to a level acceptable to the Borough shall be provided, operated and
maintained at the user's expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the Borough
for review and shall be acceptable to the Borough before construction
of the facility. The review of such plans and operating procedures
will in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to the
Borough under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the Borough prior to the user's initiation
of the changes.
B.
All records relating to compliance with pretreatment
standards shall be made available to officials of the Borough, the
EPA or approval authority upon request.
A.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction; provided, however, that if the user specifically
requests and is able to demonstrate to the satisfaction of the Borough
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user, the portions of a report which would disclose trade secrets
or secret processes shall not be made available for inspection by
the public but shall nevertheless be made available upon written request
to governmental agencies for uses related to this article, the NPDES
permit, any state disposal system permit and/or the programs under
applicable pretreatment standards or for use by the Borough, any state,
the United States or any state or federal agency in judicial review
or enforcement proceedings involving the user or the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
B.
Information accepted by the Borough as confidential
shall not be transmitted to any governmental agency or to the public
by the Borough until and unless a ten-day notification is given to
the user.
A.
The Borough may suspend services provided by the POTW
and/or a wastewater discharge permit when such suspension is necessary,
in the opinion of the Borough, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
causes interference to the POTW or causes the Borough to violate any
condition of its NPDES permit.
B.
Any user notified of a suspension of the services
provided by the POTW and/or the wastewater discharge permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the user to comply voluntarily with the suspension order,
the Borough shall take such steps as it may deem necessary, including,
without limitation, immediate severance of the sewer connection, to
prevent or minimize damage to the POTW system or endangerment to any
individuals. The Borough shall reinstate the wastewater discharge
permit and/or the service provided by the POTW upon proof of the elimination
of the noncomplying discharge. A detailed written statement submitted
by the user describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be submitted
to the Borough within 15 days of the date of occurrence.
The wastewater discharge permit of any user may be revoked in accordance with the procedures of §§ 173-61 through 173-65 of this article upon the occurrence of any of the following:
A.
The failure of a user to factually report the wastewater
constituents and characteristics of his discharge as required by any
pretreatment standard;
B.
The failure of the user to report significant changes
in operations or wastewater constituents and characteristics as required
by any pretreatment standard;
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
D.
Violation of conditions of the wastewater discharge
permit.
Whenever the Borough finds that any user has violated or is violating this article, the user's wastewater discharge permit or any prohibition, limitation or requirements contained herein, the Borough shall serve upon such user a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Borough by the user, provided that this provision shall not affect or limit the Borough's rights and powers under § 173-61 to immediately suspend service.
A.
The Borough Council may order any user who causes
or allows an unauthorized discharge to enter the POTW to show cause
before the Borough Council why the proposed enforcement action should
not be taken. A show cause hearing is not mandatory and may be required
by Borough Council in its discretion. A notice shall be served on
the user specifying the time and place of a hearing to be held by
the Borough Council regarding the violation, the reasons why the action
is to be taken and the proposed enforcement action and directing the
user to show cause before the Borough Council why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail, return receipt requested,
at least 10 days before the hearing. Service may be made on any agent
or officer of a corporation or on any agent or partner of a partnership.
B.
The Borough Council may itself conduct the hearing
and take the evidence or may designate any of its members or any officer
or employee of the Borough to:
(1)
Issue in the name of the Borough Council notices of
hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Borough Council for action thereon.
C.
At any hearing held pursuant to this article, testimony
taken must be under oath and recorded stenographically. The transcript,
so recorded, will be made available to any member of the public or
any party to the hearing upon payment of the usual charges thereof
unless deemed confidential.
D.
After the Borough Council has reviewed the evidence,
it may issue an order to the user responsible for the discharge directing
that, following a specified time period, the service provided by the
POTW be discontinued unless adequate treatment facilities, devices
or other related appurtenances shall have been installed on existing
treatment facilities or devices or other related appurtenances are
properly operated. Further orders and directives as are necessary
and appropriate may be issued.
If any user discharges wastewater, sewage, industrial
wastes or other wastes into the POTW contrary to the provisions of
this article or any pretreatment standard or any order of the Borough
Council, the Borough may commence an action for appropriate legal
and/or equitable relief in any court of appropriate jurisdiction whether
or not there shall have been a show cause hearing.
Although the POTW treatment plant will be capable
of treating wastewater of certain characteristics, the actual treatment
of such wastewater may increase the cost of operating and maintaining
the POTW treatment plant. Therefore, there will be imposed upon each
user discharging such wastewater into the POTW a surcharge, or surcharges,
which are intended to cover such additional costs. Such surcharges
shall be in addition to the regular sewage service charge established
by the Borough.
The strength of any wastewater, discharge of
which shall be subject to surcharge, shall be determined from samples
taken either at one or more manholes or at any other sampling point
or points designated by the Borough. The frequency and duration of
the sampling period shall be such as, in the opinion of the Borough,
will permit a reasonably reliable determination of the average composition
of such wastewater. Samples shall be collected or their collection
supervised by a representative of the Borough and will be composite
samples that reasonably reflect the characteristics of the wastewater
over a twenty-four-hour period. Except as hereinafter provided, the
strength of the wastewater so found by analysis shall be used for
establishing the surcharge or surcharges. However, the Borough may,
if it so elects, accept the results of routine sampling and analyses
by the producer of such wastewater in lieu of making its own sampling
and analyses.
A.
In the event that, after sampling and analysis as
prescribed herein, any wastewater is found by the Borough to have
pollutants of BOD concentration in excess of 250 milligrams per liter
and/or suspended solids concentration in excess of 300 milligrams
per liter and/or total phosphate as P concentration in excess of 10
milligrams per liter, the producer of said wastewater shall pay a
surcharge in addition to the flat rate of volume charge established
by the Borough's sewer rental rates, which surcharge shall be computed
by using the following formula.
B.
Where the concentration of the wastewater is less
than 250 milligrams per liter for BOD or 300 milligrams per liter
for suspended solids or 10 milligrams per liter for phosphate as P,
the values in parentheses for BOD and/or suspended solids and/or total
phosphate as P shall be equal to one.
C.
The amount of the surcharge shall be computed by multiplying
the flat rate or volume charge established by the Borough, by the
surcharge factor derived above.
The surcharges provided for in this section
shall be added to the sewage service charge established by the Borough
and shall be collectible in the manner in which such sewage service
charge is collected.
A.
Any user who is found to have violated an order of
the Borough Council or who willfully or negligently failed to comply
with any provision of this article, and the orders, rules, regulations
and permits issued hereunder, shall be fined not more than $600 for
each offense, plus costs of prosecution (described below), and, in
default of payment of such fine and costs, be subject to imprisonment
for a term not exceeding 30 days. Each day during which a violation
shall occur or continue shall be deemed a separate and distinct offense.
B.
In addition to the penalties provided herein, the
Borough may recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by appropriate suit
at law against the user who is found to have violated this article
or the orders, rules, regulations and permits issued hereunder.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document produced, filed or required to be maintained
pursuant to this article or the user's wastewater distribution permit
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this article shall, upon
conviction, be punished by a fine of not more than $600, plus costs
of prosecution, and, in default of payment of such fine and costs,
by imprisonment for a term not exceeding 30 days.
To the Borough of Columbia
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The undersigned being the __________________________
of the property located at ___________________________________________
does hereby request a permit to (make) (continue) an industrial sewer
connection serving _______________________________________ which company
or person is engaged in _______________________________ at said location.
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In support of this application, the undersigned
submits the following information:
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(1)
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SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
|
(2)
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Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation; attached as Exhibit A.
|
(3)
|
A complete schedule of all process waters and
industrial wastes produced or expected to be produced at said property,
including a description of the character of each waste, the daily
volume and maximum rates of discharge, and compliance with any applicable
pretreatment standard or requirements is attached as Exhibit B.
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(4)
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Constituents and characteristics of all wastewater,
including but not limited to those mentioned in Section 2 of Columbia
Borough Ordinance No. __________ as determined by a reliable analytical
laboratory; sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to Section 304(g)
of the Act and contained in 40 CFR 136, as amended; is attached as
Exhibit C.
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(5)
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Plans and specifications covering any work proposed
to be performed under this permit is attached hereunto as Exhibit
D.
|
(6)
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The name and address of the person or firm who
will perform the work covered by this permit is _____________________.
|
In consideration of the granting of this permit,
the undersigned agrees:
| |
(1)
|
To furnish any additional information relating
to the installation or use of the sewer for which this permit is sought
or the services sought as may be requested by the Borough.
|
(2)
|
To accept and abide by all provisions of Ordinance
No. __________ of the Borough of Columbia and of all other pertinent
ordinances or regulations that may be adopted in the future.
|
(3)
|
To operate and maintain any wastewater pretreatment
facilities, as may be required as a condition of the acceptance into
the wastewater treatment system of the wastes involved, in an efficient
manner at all times and at no expense to the Borough.
|
(4)
|
To cooperate at all times with the Borough and
its representatives in their inspecting, sampling and study of the
industrial wastes and any facilities provided for pretreatment.
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(5)
|
To notify the Borough immediately in the event
of any accident or other occurrence that occasions contributions to
the wastewater treatment works prohibited or not covered by this permit.
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Date:
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Signed
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$ _________ inspection fee paid
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