Chapter 198 Water and Sewers

A responsible corporate officer such as a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or 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 $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or

A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or

A duly authorized representative of the individual designated in Subsection (1) or (2) above if:

The authorization is made in writing by the individual described in Subsection (1) or (2); and

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

The written authorization is submitted to the control authority.

BIOCHEMICAL OXYGEN DEMAND (BOD)

If authorization under Subsection (3) is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the POTW prior to or together with any reports to be signed by an authorized representative.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C., expressed in terms of weight or concentrations (milligrams per liter).

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

CONTROL AUTHORITY

The City of Havre de Grace.

COOLING WATER

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

DIRECTOR

The Director of Public Works of this City or his duly appointed deputy, agent or representative.

DOMESTIC WASTEWATER

Liquid wastes originating from private residences and containing those pollutants and pollutant concentrations that are normally associated with household activities. See the definition of "nondomestic wastewater."

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.

INDIRECT DISCHARGE

The introduction of nondomestic pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.

INDUSTRIAL USER

A source of indirect discharge resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastewaters.

INTERFERENCE

A discharge which alone or in conjunction with a discharge or discharges from other sources:

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

NATIONAL CATEGORICAL PRETREATMENT STANDARD

Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of an violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the SWDA (including Title II, more commonly referred to as "RCRA"), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

Any regulation containing pollutant discharge limits which applies to a specific category of industrial users promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to Section 1342 of the Act.

NEW SOURCE:

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 proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility or installation is constructed at a site at which no other source is located; or

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant 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 (1)(b) or (1)(c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this section had 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

NPDES or STATE DISCHARGE PERMIT

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 loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

NONDOMESTIC WASTEWATER

The liquid wastes originating from establishments engaged in some form of business, commercial or industrial activity. See the definition of "domestic wastewater."

A permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. § 1342) or Title 9, §§ 9-323 and 9-324 of the Health-Environmental Article of the Annotated Code of Maryland.

PASS THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge of discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, 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.

POLLUTANT

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, commercial and agricultural waste or any other contaminate.

PRETREATMENT or TREATMENT

The reduction, elimination or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT COORDINATOR

The person appointed by the Director of Public Works to supervise the pretreatment program, and who is charged with certain duties and responsibilities by this chapter or his duly authorized representative.

PRETREATMENT REQUIREMENTS

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

PRETREATMENT STANDARDS or NATIONAL CATEGORICAL PRETREATMENT STANDARDS

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to a specific category of industrial users.

SEVERE PROPERTY DAMAGE

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.

SIGNIFICANT INDUSTRIAL USER:

Any industrial user who is subject to categorical pretreatment standards; or

Any other user that:

Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and blowdown wastewater); or

Contributes a process waste stream that makes up 5% or more of the hydraulic or organic capacity of the POTW; or

WASTEWATER TREATMENT SYSTEM or SYSTEM

Is found by the City, State or EPA to have reasonable potential for adversely affecting the POTW's operation, the quality of the sludge, the POTW's effluent quality, or air emissions generated by the system, or air emissions generated by the system, or for violating any pretreatment standard or requirement.

Upon finding that an industrial user meeting the criteria of Subsection (2)(a), (b) and (c) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

SLUG

Any discharge of significant quantities of water, sewage, industrial waste which in concentration of any given constituent or quantity of flow could cause interference of the treatment works, pass through the POTW treatment plant, endanger sewer worker safety, contaminate the sludge, or cause a violation of any permit issued the POTW.

STORMWATER

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

SUPERINTENDENT

The person appointed by the Director of Public Works to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307(a) of the Federal Water Pollution Control Act or other federal statutes or in regulations promulgated by the Maryland Office of Environmental Programs under state law.

UNPOLLUTED WATER

Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.

USER

Any person who contributes, causes or permits the contribution of wastewater into the City of Havre de Grace POTW.

USER CLASSIFICATION

A classification of use based on the 1972 (or subsequent) Edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.

WASTEWATER

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

Any devices, facilities, structures, equipment or works owned or used by the City for the purpose of transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

WATER CAPACITY

Has the meaning stated in § 2-3 of the Adequate Public Facilities Ordinance, Chapter 2 of the City Code.

[Added 12-18-2023 by Ord. No. 1133]

WATERS OF THE STATE

Includes:

Both surface and underground waters within the boundaries of this state subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this state, the Chesapeake Bay and its tributaries and all ponds, lakes, rivers, streams, public ditches, tax ditches and public drainage systems within this state, other than those designed and used to collect, convey or dispose of sanitary sewage; and

§ 198-2 Fees and charges; liens against property.

The floodplain of free-flowing waters determined by the Department of Natural Resources on the basis of one-hundred-year flood frequency.

Charges and fees. The City of Havre de Grace may adopt charges and fees which may include service rates, water rents, ready-to-service charges, water supplied and for the removal and acceptance of sewage:

Fees for reimbursement of costs and of setting up and operating the City's pretreatment program;

Fees for monitoring, inspecting and surveillance procedures;

Fees for reviewing accidental discharge procedures and construction;

Fees for permit application;

Fees for filing appeals; and

§ 198-3 Billing cycle for water and sewer bills.

Other fees as the City may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matter covered by this chapter and are separate from all other fees chargeable to the City.

These fees are to be billed and collected by the Director of Finance or such other person as the Mayor and City Council may, by ordinance, designate; and if bills are unpaid within 30 days, the service may be discontinued. All charges shall be a lien on the property, collectible in the same manner as City taxes or by suit at law, and all such liens shall be preferred liens and have a priority over existing mortgages, and judgments any and all other liens, except taxes.

Water and sewer usage bills shall be prepared and submitted to each customer on a billing cycle established by the Mayor and City Council of Havre de Grace.

§ 198-4 Payment of water and sewer accounts.

[Amended 9-3-2024 by Ord. No. 1160]

Bills shall become delinquent 30 calendar days from the date of mailing or electronic notice.

Unless payment plan is approved, within five calendar days after the thirty-day calendar period has expired, the Director of Finance shall send out past due notices giving the customer 10 calendar days from the mailing date to settle their account or enter into a City of Havre de Grace payment plan.

If the account is not settled in the time outlined in Subsections A and B above, the Director shall turn off water service unless a payment plan has been approved by the Director of Finance based on an abnormally and unexpectedly high water and sewer bill compared with past use. No payment plans will be approved solely on the basis of financial hardship. To be eligible for a payment plan, the citizen has the burden to prove the water and sewer bill subject to the payment plan is abnormally and unexpectedly higher than the average of the last three billing cycles, due to factors that are not solely attributable to higher water and sewer rates and fees approved by City Council. In order to qualify for payment plan, the account holder must be current in payments, must have completed any previously approved payment plan, and the alleged higher billing from which relief is sought must be two times the average of the last three quarterly statements.

Citizens who enter into a payment plan must pay their regularly billed amount going forward along with the additional amount agreed to in the payment plan. If the account (including the payment plan amount) is not fully paid by the next quarterly invoice date, the citizen shall apply for special consideration for an extended payment plan. The extended payment plan must be approved by the Director of Finance but final payment under the payment plan shall not extend beyond one calendar year from the original due date.

It is the responsibility of the homeowner, or the tenant with the express written consent of the homeowner, to formally apply in writing to the Director of Finance for a payment plan. The application should include: a summary of the facts explaining why the higher water and sewer usage was abnormally and unexpectedly higher than normal and that the higher bill is causing a financial burden on the citizen. Factors to be considered to support a payment plan include, but are not limited to, the cost to repair or replace broken lines or fixtures, efforts made by the homeowner or tenant to mitigate the cause of the abnormally and unexpectedly higher water and sewer usage, estimated ability to make future periodic payments, and any additional germane facts or circumstances that the City should consider.

The Director of Finance shall prepare, manage, and track the payments made under the payment plan based on total overage and expected payment date, and the minimum quarterly usage charge shall be applied pro rata to the quarterly billing cycle over a maximum twelve-month period.

§ 198-5 Prorated usage bills.

The Director of Finance may prepare a prorated usage bill for a period of less than one quarter upon the request of the property owner or his agent. The minimum quarterly usage charge shall be applied to all prorated usage bills.

§ 198-6 Individual septic disposal systems.

It shall be unlawful to construct or maintain any individual sewage disposal system on any property in the City unless:

The Director certifies that existing community facilities are inadequate or are not available to serve the property on which the proposed individual system would be constructed or maintained; or

A building permit for the construction of the septic system has been issued by the county.

Applicants for a permit to construct an individual sewage disposal system shall demonstrate to the Director that:

The system conforms to the requirements of the Harford County Master Water and Sewer Plan; and

§ 198-7 Individual sewage disposal system permit requirements.

The system conforms to the rules and regulations adopted by the Maryland Department of the Environment and the Harford County Health Department for the construction of individual sewage disposal systems.

An applicant for a permit to construct an individual sewage disposal system shall submit to the Director:

A drawing of the property on which the individual system is to be located showing the location of the system and appropriate sizes and dimensions of the components of the system; and

A statement signed by the property owner stating that:

The property owner has been notified that he will be required to connect to the City sewage system when it becomes available and at such time as it is adequate to serve the property;

He agrees to connect to the City system within one year after he receives notice to connect at his expense; and

§ 198-9 Grease, oil and sand interceptors.

He agrees to abandon and leave his individual sewage disposal system in such a way that it cannot be used or be injurious to public health at his expense.

§ 198-8 Septic tank contents.

Septic tank contents shall be accepted from any residence in the City unless the discharge of such contents may contribute to a violation of the terms of the City's NPDES permit.

Wastes, other than septic tank contents, may be accepted from sources inside or outside the City at the discretion of the Director. The time, place and delivery of these wastes, including septic tank contents, shall be established by the Director. It shall be unlawful to discharge any of these wastes, including septic tank contents, at any time, place and by any method which has not received the prior approval of the Director. All such approval shall be evidenced by a writing signed by the Director.

Marina pump-out waste will be accepted at designated points by permit only.

[Amended 5-5-2025 by Ord. No. 1183]

Grease, oil and sand interceptors or retainers shall be installed by users of the system at their own expense when, in the opinion of the Director, such measures are necessary for the proper handling of liquid wastes containing grease, oil or sand in excessive amounts, of any flammable waste and of such other harmful waste as the Director may designate. Such interceptors shall be of a type and capacity approved by the Director and shall be located as to be readily and easily accessible for cleaning by the user and for inspection by the Director. Where installed, all grease, oil and sand interceptors shall be maintained by the user, at his own expense, and shall be kept in a continuous and efficient operation at all times. In the event the Department of Public Works takes remedial action to correct the installation or maintenance of such grease, oil and sand interceptors or retainers, the City shall send notice and an invoice to the user and the property owner, and the user and property owner shall be responsible for all costs for such installation, maintenance or remedial measures. The user's or property owner's failure to reimburse the City for such costs shall be deemed a civil penalty as provided in this chapter and the costs shall become a lien on the property.

§ 198-10 Use of public sewers without appropriate permits prohibited.

It shall be unlawful to construct or maintain any connection to the City's sewer system through which inflow is discharged into the sewer system. "Inflow" means water discharged into the system from sources, including, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges or drains from springs or swampy areas.

It shall be unlawful for a nonindustrial user to construct a connection to the Havre de Grace sewage system without a building permit issued by the Mayor and City Council of Havre de Grace.

It shall be unlawful for any industrial user to construct or maintain a connection to the Havre de Grace sewage system without a building permit issued by the Mayor and City Council of Havre de Grace and an industrial user permit.

It shall be unlawful for any person to discharge sewage into the Havre de Grace sewage system, other than segregated sanitary sewage, without first obtaining an industrial discharge permit or to discharge wastes in volumes or concentrations in excess of that specified in any applicable industrial discharge permit.

§ 198-11 General sewer use requirements.

Prohibitive discharge standards:

No user shall contribute or cause to be contributed, directly or indirectly, to the POTW any pollutant or wastewater which will cause interference with the operation or performance of the POTW; and

No user shall contribute any wastewater containing any of the following substances to the POTW:

Having a temperature higher than 104°F. (40° C.), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case which could cause the influent temperature of the wastewater treatment plant to rise above 104° F. (40° C.).

Containing solid or viscous pollutants whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32° F. (0° C.) and 140° F. (60° C.).

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.

Any pollutant which creates a fire and/or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21. Prohibited pollutants include, but are not limited to, gasoline, benzene, naphtha, and fuel oil. At no time shall a waste stream cause an exceedance of 10% of the lower explosive limit (LEL) at any point in the POTW.

Containing any garbage that has not been ground by household type or other suitable garbage grinders, with no particles greater than 1/2 inch in any dimension.

(f)

Containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, manure, or any other solids or viscous substances capable of causing obstructions or other interferences with proper operation of the sewer system.

(g)

Having a pH lower than 5.0 or higher than 11.0, or having any other corrosive property capable of causing damage or hazards to structures, equipment or personnel of the sewer system.

(h)

Containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, to constitute hazards to humans or animals, or to create any hazard in waters which receive treated effluent from the sewer treatment plant.

(i)

Containing noxious or malodorous gases or substances capable of creating a public nuisance, cause hazard to life or prevent entry into the sewers for maintenance and repair.

(j)

Any pollutant which results in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems or a hazard to the public.

(k)

Containing solids of such character and quantity that special and unusual attention in required for their handling.

(l)

Containing any substance which may affect the treatment plant's effluent and cause violation of the NPDES permit requirements.

(m)

Containing any substance which would cause the treatment plant to be in noncompliance with sludge use, recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or other regulations or criteria for sludge management and disposal as required by the state.

(n)

Containing color which is not removed in the treatment process.

(o)

Containing any medical or infectious wastes in amounts that could cause pass-through or interference.

(p)

Containing any radioactive wastes or isotopes in quantities that could cause pass-through, interference or endangerment to the public or POTW personnel.

(q)

Containing pollutants, including oxygen demanding pollutants (BOD, etc.), or slug load released in a discharge at a flow rate or concentration which, either singly or by interaction with other pollutants or waste streams will cause interference with either the POTW or wastewater treatment or sludge process, or which will constitute a hazard to humans or animals.

(r)

Trucked or hauled pollutants, except at discharge points designated by the POTW.

(s)

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the Director.

Federal Categorical Pretreatment Standards. The national categorical pretreatment standards found at 40 CFR, Chapter I, Subchapter N, Parts 405-471, are hereby incorporated.

State requirements. State pretreatment requirements located at COMAR Title 26 are hereby incorporated.

Limitations.

Furthermore, industrial users shall not contribute or cause to be contributed, directly or indirectly, to the POTW any pollutant or wastewater in excess of the limits listed below:

	Parameter	Daily Maximum Average (mg/l)
	Arsenic	4.06
	Total cadmium	0.09
	Total chromium	0.09
	Total copper	0.08
	Total cyanide	0.18
	Total lead	0.65
	Total mercury	0.0003
	Total nickel	0.78
	Total silver	0.05
	Total zinc	9.3
	Total suspended solids	200
	Fats, oils and grease	100

These limitations apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other national or local pretreatment standards or requirements. Concentrations apply at the point where an industrial waste is discharged to the City's collection system. All concentrations for metallic substances are for "total" metal unless indicated otherwise. At his discretion the Director may impose mass limitations in addition to the concentration-based limitations above. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives of this chapter or state or federal law.

The City reserves the right to enter into special agreements with industrial users, setting out special terms under which they may discharge to the POTW. In no case will an agreement waive compliance with a pretreatment standard or state or federal requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from EPA.

Surcharges. Any user discharging wastewater with concentrations of BOD exceeding 200 mg/l shall be surcharged at the following rate: (average BOD in mg/l -- 200 mg/l) x (total flow in million gallons) x ($0.50 per pound) = surcharge. In no case shall a user discharge BOD in excess of the mass loading allocated to them in their permit. The average BOD concentration shall be determined by the Director through periodic sampling in a manner and frequency he determines.

Pretreatment and federal categorical pretreatment standards.

Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and state and federal regulations or requirements and shall achieve compliance with all national categorical pretreatment standards as specified by the federal pretreatment regulations.

Industrial users shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the industry to achieve compliance with this chapter. Proper operation and maintenance includes but is not limited to effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this chapter. A statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements must also be submitted at a time interval specified by the Director.

The City may require the installation of monitoring equipment by an industrial user for the purposes of determining compliance with all applicable pretreatment regulations or requirements.

Dilution prohibition. Industrial users shall not increase the use of potable or process water or, in any way, attempt to dilute an effluent as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit.

Spill-prevention plans.

Industrial users shall provide protection from accidental discharge of materials which may interfere with the POTW by developing spill-prevention plans. Facilities necessary to implement these plans shall be provided and maintained at the owner's or industrial user's expense. Spill-prevention plans, including the facilities and the operating procedures, shall be approved by the City before construction of the facility.

Industrial users that store hazardous substances shall not contribute to the POTW after the effective date of this chapter unless a spill-prevention plan has been approved by the City. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage and transportation of hazardous substances.

Notifications.

Contents of notice; exemptions.

Industrial users (IU) must notify the Director, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of any 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 IU discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the IU: 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 within 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under self-monitoring requirements of 40 CFR 403.12(b), (d) and (e).

Discharges are exempt from the requirements of Subsection P(1) of this section 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 in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(a), requires a one-time notification.

Subsequent months during which the IU discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the IU must notify the POTW, 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.

In the case of any notification made under Subsection J(1)(a) of this section, the IU 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.

Notification of violation; automatic resampling.

If sampling performed by an industrial user indicates a violation, the user must notify the control authority within 24 hours of becoming aware of the violation. The notification shall minimally include:

The location of the discharge.

The type of waste, including concentration and volume.

[3]

Any corrective actions taken by the user.

Within five days following such discharge, the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.

Such notification shall not relieve the user of any expense, loss, damage or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed under this chapter or other applicable state or federal law.

The user also must repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if:

The control authority performs a sampling for the industrial user at least once per month; or

The control authority performs sampling for the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.

Notice of potential problems including slug loading. All industrial users must notify the POTW immediately of all discharges that could cause problems, including any slug loading, or which could violate any specific prohibition in § 198-11A of this chapter.

Upset provision and notification. An 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 industrial 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. An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided that the industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the industrial user can identify the cause or causes;

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

The industrial user has submitted the following information to the POTW and control authority within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must follow within five days): a description of the indirect discharge and cause of noncompliance; the period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue; steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

Industrial users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(f)

The industrial user shall control production or 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 the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

Bypass provision and notification.

Allowable bypass. An industrial user may allow any bypass to occur that does not cause violations of pretreatment standards or requirements. A bypass must be for essential maintenance to assure efficient operation. These bypasses are not subject to the notice and prohibition clauses discussed below.

Notice of bypass. If an industrial user knows in advance of the need for a bypass, it must submit prior notice to the control authority, if possible at least 10 days in advance of the bypass. An industrial user must submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the control authority within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. A written submission must contain a description of the bypass and its cause, the duration of the bypass, including the 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 recurrence of the bypass. The control authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Prohibition of bypass. Bypass is prohibited, and the control authority may take enforcement action against an industrial user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

There were no feasible alternatives to the bypass. This condition is not satisfied if adequate backup equipment should have been installed in order to prevent a bypass; and

[3]

The industrial user submitted notices as described above.

The control authority may approve an anticipated bypass, after considering its adverse effects, if it determines that the user has met the three conditions listed above under Subsection J(5)(c), Prohibition of bypass."

Substantial changes in discharge. All industrial users shall promptly notify the Director in advance of any substantial change in the volume of discharge or character of pollutants in their discharge, including but not limited to the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.13(p). The City reserves the right to deny or restrict additional discharges.

Employee training certification. Industrial users must provide adequate training for employees responsible for the pretreatment of wastes. Significant industrial users must have an operator certified by the Maryland Board of Waterworks and Waste Systems Operators.

Records retention.

Industrial users shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this chapter or by a permit, for a period of at least five years from the date of the sample, measurement, report or application.

All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the City of Havre de Grace shall be retained and preserved by the industry until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

Monitoring equipment.

The owner or operator of any premises or facility discharging industrial wastes into the system shall install at his own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.

The monitoring equipment shall be located and maintained on the industrial user's premises outside the building. When such a location would be impractical or cause undue hardship on the user, the Director may allow such facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over such street or sidewalk, and located so that it will not be obstructed by public utilities, landscaping or parked vehicles.

When more than one user can discharge into a common sewer, the Director may require installation of separate monitoring equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Director may require that separate monitoring facilities be installed for each separate discharge. The Director may require the installation of a manhole or sampling chamber in accordance with plans and specifications approved by the Director, which manhole or sampling chamber shall be installed at the user's expense. There shall be ample room in each sampling chamber to accurately sample and composite samples for analysis. The chamber shall be safely and easily accessible to authorized representatives of the City at all times and in a manner independent of operation of the industrial user's buildings and premises. Each sampling device with a recording and totalizing register for measuring flows or the metered water supply of the industrial user may be used as a measure of liquid quantity where the Director is adequately assured in his opinion that the metered water supply and wastewater generation are either substantially equal or may be adjusted to account for any known differences.

Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Director's requirements and all applicable construction standards and specifications.

Analytical requirements. All analysis, including sampling techniques, submitted in support of any application, report, evidence or required by any permit or order shall be performed in accordance with 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator (as defined in 40 CFR 136) determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable procedures suggested by the POTW or other persons approved by the Administrator.

Confidential information.

Information and data about a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except upon written request by the state or EPA for use related to this chapter. Confidential portions of a report shall be available for use by the state or EPA for judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the POTW as confidential shall not be disclosed unless the user is given a ten-day notification.

Right of entry. Representatives of the City, the state and EPA, upon showing proper identification, shall have the right to enter and inspect the premises of any user. All users shall allow authorized representatives of the POTW, state and EPA access at all reasonable times to all premises for the purpose of inspecting, sampling, examining records or copying records in the performance of their duties. Authorized representatives of the POTW, state and EPA shall have the right to place on the user's property such devices as are necessary to conduct sampling and monitoring. Where a user has security or safety measures in force which would require clearance, training or wearing of special protective gear, the user shall make necessary arrangements, at its own expense, to enable authorized representatives of the City, state and EPA to enter and inspect the premises as guaranteed by this subsection.

Authority to require compliance schedules. If additional pretreatment or operation and maintenance will be required for an industrial user to comply with any provision of this chapter or a state or federal pretreatment standard or requirement, the City may require the industrial user to submit for approval a schedule specifying the shortest time frame for the industry to achieve compliance. This schedule will contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of the additional pretreatment to bring the industrial user into compliance.

Authority to require submission of reports. Upon request of the City any discharger or potential discharger of industrial wastes into the POTW may be required to submit plans, reports, questionnaires, notices or analytical data to evaluate waste discharge characteristics and to ensure compliance with this chapter. These may include baseline monitoring reports, compliance reports, periodic self-monitoring reports, compliance schedule progress reports, violation reports and notice of slug loadings, upset, bypass or any other reporting requirement specified in 40 CFR 403.12.

Signature requirements for all users. All reports, questionnaires, surveys or any information requested by the City and dealing with waters or sewers shall include this certification statement signed by an authorized representative:

"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 upon 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."

§ 198-12 Control of wastes discharged.

Wastewater discharge permits.

The following industrial users are required to apply for a wastewater discharge permit:

Any user whose discharge would be in violation of this chapter if they had no permit;

Any significant industrial user;

Any user subject to a National Categorical Pretreatment Standard;

Any user required by the state pretreatment requirements to obtain a permit; and

Any other user as determined by the Director.

Existing users required to obtain a permit under Subsection A must apply for a wastewater contribution permit within 90 days of the effective date of this chapter.

New sources required by Subsection A to obtain a permit must apply for and receive a wastewater contribution permit prior to discharging pollutants into the POTW.

Any user not required to obtain a permit for existing discharges must apply for and receive a wastewater contribution permit prior to changing the user's discharge in such a manner that the resulting discharge would require a permit.

The Director may prohibit discharges from industrial sources.

Permit application. Users required to apply for a wastewater contribution permit shall complete and file with the Director an application in the form prescribed by the POTW, and accompanied by a fee which will be set by resolution of the City Council of Havre de Grace. In support of the application, the user shall, in units and terms appropriate for evaluations, submit the following information:

Name, address and location (if different from address);

SIC number, according to the Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended;

Wastewater constituents and characteristics, including but not limited to those mentioned in this chapter;

Time and duration of contribution;

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

Site plans, floor plans, mechanical and plumbing plans along with details to show all sewers, sewer connections and appurtenances by the size, location and elevation;

(7)

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

(8)

The nature and concentration of any pollutants in the discharge which are limited by any National Categorical Pretreatment Standard or pretreatment requirement and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and additional pretreatment is required;

(9)

The shortest schedule by which the user will provide additional pretreatment or operation and maintenance, if required to meet pretreatment standards. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. In no case shall the reporting intervals in the schedule exceed nine months;

(10)

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

(11)

Type and amount of raw materials processed (average and maximum per day);

(12)

Number and type of employees, as well as hours of plant operation and proposed or actual hours of operation of pretreatment system; and

(13)

Any other information deemed by the Director to be necessary to evaluate the permit application.

Director's duties. If an application to discharge any of the herein enumerated wastes is submitted to the Director, the Director shall:

Reject the waste, or

Require pretreatment to an acceptable condition for discharge to the public sewer, or

Require control over the quantities and rates of discharge, or

§ 198-13 Wastewater contribution permits.

Accept the waste, taking into consideration the degree to which the waste may interfere with, pass through or otherwise be incompatible with the City sewage collection and treatment system, the terms of the NPDES permit providing for sewage treatment plant effluent limitations, the potential of such waste to create a hazard to life or create a nuisance and the economic impact of the various alternatives of permitting the discharge.

Applicant's responsibility. It is the responsibility of the applicant for permission to discharge any of the wastes enumerated in this chapter to demonstrate to the Director that such wastes should be received.

Permit required. It shall be unlawful for a user subject to National Categorical Pretreatment Standards or other significant industrial user or any other user directed to apply for a permit by the City to discharge wastewater into the POTW except in accordance with the terms and conditions of a wastewater contribution permit.

Permit contents.

Permits shall contain the following:

Effective and expiration dates;

Statement of nontransferability;

Effluent limitations based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local law;

Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local law; and

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 compliance date beyond applicable federal deadlines.

Permits may contain the following:

Requirements to pay fees for the wastewater to be discharged to the POTW;

Effluent limitations, based on mass loadings and/or concentrations, on the average and maximum wastewater constituents and characteristics;

Limitations on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

Requirements and specifications for monitoring programs, including sampling locations, frequency of sampling, numbers, types and standards for tests and reporting schedule;

(f)

Compliance schedules;

(g)

Requirements for submission of technical reports or discharge reports. These reports include any reporting requirements contained in national categorical standards or pretreatment requirements;

(h)

Requirements for collection, retention and providing access to plant records relating to the user's discharge;

(i)

Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater treatment system;

(j)

Requirements for notification of spills, slugs and a spill/slug prevention plan; and

(k)

Other conditions as deemed appropriate by the City to ensure compliance with this chapter.

Basis for effluent limitations.

Effluent limitations shall be based upon the more stringent of the following: National Categorical Pretreatment Standards; state pretreatment requirements; or local limitations calculated by mass balance or other valid scientific method necessary to protect the POTW.

No provision contained in this chapter shall be deemed to prevent any special agreement or arrangement between the City and any person whereby wastewater of unusual strength or characteristic may be accepted by the City for treatment which will not violate or cause the City and/or the user to violate federal or state pretreatment or discharge standards and which will not be harmful to the system. However, federal pretreatment requirements or standards and National Categorical Pretreatment Standards cannot be waived by the City.

Periodic compliance reports.

All significant industrial users shall submit to the POTW a minimum of semiannual reports in June and December, or as specified by the Director, indicating the nature and concentration of pollutants in the discharge by applicable pretreatment standards. The specific pretreatment standards or the POTW itself may require this report to be filed more frequently. In addition to permit-specific requirements, this report shall include, but not be limited to, all daily flows during the reporting period which exceeded daily flow and/or maximum flow rate as stated in the permit.

The reports must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report. The report must contain data that is representative of conditions occurring during the reporting period. The control authority will state the frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

Certification statement. All reports submitted to the City must be signed by the permittee's authorized representative, as outlined in CFR 403.12(1). See § 198-11S, Signature requirements for all users.

For industrial users subject to equivalent mass or concentrations limits established by the City in accordance with the procedures in 403.6(c), the report shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report shall include the user's actual average production rate for the reporting period.

Permit duration. Permits shall be issued for a specified time period not to exceed five years. The user shall apply for permit renewal at least 180 days prior to the expiration of the user's existing permit. Permits may be modified by the City to meet changes in state, federal or local limitations. Users will be given a reasonable time schedule to reach compliance.

Permit nontransferability. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior written approval of the City.

Permit modifications.

Within 60 days after the effective date of a pretreatment standard for a subcategory under which an industrial user may be included or such shorter time as specified with the standard or requirement, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such.

A user may apply for a permit modification whenever the mass loading of pollutants contained in the permitted discharge exceeds the average daily quantity.

§ 198-14 Compliance determination by sampling.

A user may apply for a permit modification whenever the user believes that some of the permit requirements no longer apply.

Permit appeal. Permits may be appealed by filing a petition within 30 days after the permit is issued. This petition must be in writing. Failure to submit a petition for review shall be deemed a waiver of the appeal. In its petition, the permittee must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the permit. The effectiveness of this permit shall not be stayed pending a reconsideration by the Board of Appeals. If, after considering the petition and any arguments put forth by the Pretreatment Coordinator, the Board determines that reconsideration is proper, it shall remand the permit back to the Pretreatment Coordinator. Those permit provisions being reconsidered by the Pretreatment Coordinator shall be stayed pending issuance of the permit. A Board of Appeals' decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review. The permittee seeking judicial review of the Board's final action must do so by filing a complaint with the Circuit Court of Harford County within 10 days.

Compliance determinations with respect to this chapter may be made on the basis of either instantaneous grab samples or composite samples of wastewater. Composite samples may be taken over a twenty-four-hour period, over a longer or shorter time span, as determined necessary by the Director to meet the needs of specific circumstances.

Sampling of industrial wastewater for the purposes of compliance determination with respect to this chapter will be done at such intervals as the Director may designate.

§ 198-15 Remedies for noncompliance.

Suspension of service.

The POTW may suspend the wastewater treatment service or a wastewater contribution permit or cut off the sewer connection when such suspension or cutoff is necessary, in the opinion of the Director, 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;

Presents or may present an imminent or substantial endangerment to the environment;

May cause or actually causes interferences to the POTW; or

Causes the POTW to violate any condition of its NPDES or state discharge permit.

The POTW may reinstate the wastewater contribution permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.

In the event of a suspension or cutoff under this section, within 15 days the user shall submit a written report describing the event that caused the suspension and the measures taken to prevent any recurrence.

Revocation of permit. The Director may revoke any wastewater contribution permit if the Director finds that:

A user has falsified information or records submitted or retained in accordance with this chapter;

A user has violated the conditions of a wastewater contribution permit;

A user has refused right of entry guaranteed by this chapter;

A user has failed to reapply for a permit or request a required permit modification; or

A user has discharged into the POTW in violation of this chapter.

Complaints.

Issuance. The City may issue a written complaint if there are reasonable grounds to believe that the person to whom the complaint is directed has violated:

This chapter;

Any rule or regulation adopted under this chapter; or

Any order or permit issued under this chapter.

Contents. A complaint issued under this section shall:

Specify the provision that allegedly has been violated;

State the alleged facts that constitute the violation.

Issuance of notice or order.

In general after or concurrently with service of a complaint under this chapter, the City may:

Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order, not to exceed 30 days;

Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; and/or

Send a written notice that requires the person to whom the notice is directed to appear at a hearing to be held by the Board of Appeals regarding the violation and directing the offending party to show cause before said authority why an order should not be made directing the termination of service. 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.

Effective date of order. Any order issued under this chapter is effective immediately, according to its term, when it is served.

The Board of Appeals may conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the City of Havre de Grace to:

Issue in the name of the Board of Appeals notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board of Appeals for action thereon.

At any public hearing, testimony taken before the Board of Appeals or any person designated by it must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public for any part of the hearing upon payment of the usual charges of copying thereof.

After the Board of Appeals has reviewed the evidence, it may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.

It shall be unlawful to fail to comply with an order of the Board of Appeals.

Hearings.

Hearing on order. Within 10 days after being served with an order, the person served may request a hearing by writing the Mayor and City Council of Havre de Grace.

Subpoenas; witnesses.

In connection with any hearing under this chapter, the Mayor and City Council may:

Subpoena any person or evidence.

Order a witness to give evidence.

A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

Final corrective orders.

Orders.

Unless the person served with an order makes a timely request for a hearing, the order is a final order.

If the person served with an order under this chapter makes a timely request for a hearing, the order becomes a final corrective order when the Board of Appeals renders its decision following the hearing.

Other action permitted. This section does not prevent the Mayor and City Council or the Attorney General from taking action against a violator before the expiration of the time limitations or schedules in the order.

Injunctive relief.

In general. The Mayor and City Council may bring an action for an injunction against any person who violated any provision of this chapter or any rules, regulations, order or permit adopted or issued under this chapter.

Findings. In any action for an injunction under this section, any findings of the Mayor and City Council after a hearing, is prima facie evidence of each fact the Mayor and City Council determines.

Grounds. On a showing that any person is in violation of or is about to violate this chapter or any rule, regulation, order or permit adopted or issued by the Mayor and City Council, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

Emergency. If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, the Mayor and City Council may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.

Criminal penalties.

Violating ordinances, rules, regulations, orders or permits.

A person who violates any provisions of or fails to perform any duty imposed by this chapter, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order or permit adopted or issued under this chapter is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days, or both.

In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violations.

Each day on which a violation occurs is a separate violation under this chapter.

False statements in required documents. A person is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days, or both, if the person:

Knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or any rule or regulation, order or permit adopted or issued under this chapter; or

Falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or any rule, regulation, order or permit adopted or issued under this chapter.

Civil penalties.

Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $1,000 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 violation.

The City may recover reasonable attorney's 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 City.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, 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.

Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

Annually published list of significant violators. The POTW shall publish annually in the local newspaper having circulation in the municipality in which the POTW is located a list of industrial users which at any time in the previous 12 months were in significant noncompliance with applicable pretreatment requirements. For the purpose of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period;

Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) 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 a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403(f)(1)(vi)(B) to halt or prevent such a discharge;

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;