Borough of Riverside, PA Article IV Discharges and Industrial Pretreatment

[Adopted 4-6-1992]

§ 225-31 Definitions.

The following words, terms and phrases will hereinafter have the meanings set forth in this section, unless the context clearly requires a different meaning:

ACT or THE ACT

The Federal Water pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Administrator or the Regional Administrator of Region III of the EPA.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

An authorized representative of an industrial user may be:

A. A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

B. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.

C. A principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user is a governmental entity, charitable organization or other such unincorporated entity.

D. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BOROUGH

The Borough of Riverside, Northumberland County, Pennsylvania, a municipal corporation existing under the laws of the Commonwealth of Pennsylvania, or its duly authorized agent.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the sewer system.

BYPASS

The intentional diversion of wastewater from any portion of an industrial user's pretreatment facility through which the wastewater normally passes.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to categorical standards.

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards.

CERTIFIED PROFESSIONAL

A registered professional engineer under the laws of the state.

CHAIN OF CUSTODY

A record of sample collection indicating the place and time of collection and the person collecting the sample. It shall also include a record of each person involved in possession of the sample, including the laboratory person who takes final possession of the sample for the purpose of analysis.

CLEAN STREAMS LAW

The Act of June 22, 1937, P.L. 1937, as amended and reenacted by the Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1 to 691.702.

COLOR

Color of light transmitted through a waste after removal of all suspended matter, including pseudo-colloidal particles, and measured in platinum-cobalt units.

COMBINED WASTE FORMULA

A procedure for calculating discharge concentrations of constituents of industrial waste, as defined in 40 CFR 403.6(e).

COMPLIANCE

Adherence to conditions or requirements of this article or the industrial pretreatment program, any written directions issued by the Borough, or any wastewater discharge permit or other permit issued under the provisions of this article.

COMPOSITE SAMPLE

A sample composed of individual subsamples taken at regular intervals over a specified period of time. Subsamples may be proportioned by time interval or size according to flow (flow-proportioned composite sample), or be of equal size and taken at equal time intervals (equal-time composite sample).

COOLING WATER

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

DANVILLE

The Borough of Danville, Montour County, Pennsylvania, a municipal corporation existing under the laws of the Commonwealth of Pennsylvania.

DISCHARGE

The conveyance of any water or wastewater into the sewer system.

DOMESTIC WASTES

Normal household wastes from kitchens, water closets, lavatories and laundries, or any waste from a similar source and possessing the same characteristics.

ENFORCEMENT RESPONSE PLAN

A plan and guide developed pursuant to 40 CFR 403.8(f)(5), providing for the enforcement of the industrial pretreatment program.

EPA

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.

GARBAGE

Solid or semisolid wastes resulting from preparation, cooking, and dispensing of food and from handling, storage and sale of produce.

GRAB SAMPLE

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 without consideration of time.

GROUNDWATER

Water which is contained in or passing through the ground.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDUSTRIAL PRETREATMENT PROGRAM

The sum of the provisions of this article, amendments thereto, and any activities authorized by this article as regards the regulation and control of industrial users.

INDUSTRIAL USER

Any person who discharges industrial waste into the sewer system.

INDUSTRIAL WASTE

Any solid, liquid or gaseous substance, or form of energy, which is produced as a result, whether directly or indirectly, of any industrial, manufacturing, trade or business process or activity, or in the course of developing, recovering or processing of natural resources, but not sanitary sewage.

INTERFERENCE

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

A. Inhibits or disrupts the processes or operations of the sewage treatment plant or the sewage collection system or sludge processes, use or disposal; or

B. Is a cause of a violation of any requirement of the Danville NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act;[1] the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the "Resource Conservation and Recovery Act" (RCRA),[2] and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act;[3] the Toxic Substances Control Act;[4] and the Marine Protection, Research and Sanctuaries Act,[5] or which results in or increases the severity of a violation of other state or national environmental statutes, rules or regulations.

LOCAL LIMITS

Numerical limitations on the concentration, mass or other characteristics of wastes or pollutants discharged, or likely to be discharged, by industrial users and which are developed by the Borough.

MANHOLE

A structure allowing access from the surface of the ground to a sewer.

MG/L

Milligrams per liter; a measure of concentration of waterborne substances.

MONTHLY AVERAGE

The arithmetic mean of all daily determinations of concentration made during a calendar month.

NATIONAL CATEGORICAL PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users. National Categorical Pretreatment Standards are enumerated in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471.

NEW SOURCE

Any building, structure, facility, or installation for which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical standards under Section 307(c) of the Act, which will be applicable to such source if such categorical standards are thereafter promulgated in accordance with that section. Determination of the applicability of new source standards shall be made as provided in the Act and 40 CFR 403.3.

NONCOMPLIANCE

Not in compliance.

NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

OPERATOR

Any person having charge, care, control or management of a pretreatment facility for industrial wastes or of a truck or trucks used in the removal, transport or disposal of sewage or industrial wastes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of an improved property.

PASS THROUGH

Discharge of pollutants to the waters of the state, either untreated or insufficiently treated, so as to cause pollution or a violation of the NPDES permit of the facility to which the discharge is conveyed, or concentration of pollutants in the sludge so that the end use of the sludge results in pollution, harm to the environment, or a violation of any state or federal sludge disposal regulation, guideline or standard.

PERSON

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.

pH

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.

POLLUTANT

Any substance, including but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste, which, when discharged into water, results in pollution or increases pollution.

POLLUTION

The contamination of any waters of the state such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses or to livestock, wild animals, birds, fish or other aquatic life, or contamination of the air, soil, or of the environment so as to produce or is likely to produce similar deleterious effects.

POTW

A publicly owned treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292). The term includes the sewage collection system and the sewage treatment plant.

PRETREATMENT

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 sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by means of other process changes, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT COORDINATOR

Agent of the Borough designated to administer the provisions of the industrial pretreatment program. The Pretreatment Coordinator appointed by Danville is specifically so appointed by the Borough.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement, other than a categorical standard, imposed on an industrial user by Section 303(b) and (c) of the Act, the state or the industrial pretreatment program.

PROCESS WASTEWATER

Any wastewater resulting from the direct contact of water with any raw material, intermediate product, finished product, by-product, or waste during any manufacturing process, or water other than cooling water which results from a manufacturing process.

PROHIBITED DISCHARGE

Any discharge which is prohibited under § 225-32 of this article.

PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under Section 307(b) and (c) of the Act (33 USC § 1317) and 40 CFR 403.5.

QUALIFIED ANALYST

Any person who has demonstrated competency in the analysis of wastewater by submission of their generally recognized documentation of competency to the Borough.

REFRIGERATION

Maintenance of temperature for storage, preservation of food, or as a process of manufacturing.

SANITARY SEWAGE

The normal water-carried domestic wastes from any improved property, but excluding: effluent from septic tanks or cesspools; rain, snow or stormwater; groundwater; or other collected water from roofs, drains or basements.

SANITARY SEWER

A sewer carrying only sanitary sewage or industrial wastes and to which stormwater, surface water or groundwater is not intentionally admitted.

SEWAGE COLLECTION SYSTEM

All facilities of the Borough or any municipality party to a service agreement with the Borough, as of any particular time, used or usable for collecting, transporting and disposing of wastewater, which facilities are connected to and served by the sewage treatment plant.

SEWAGE TREATMENT PLANT

That portion of the sewer system owned and operated by Danville, which is designed to provide treatment of wastewater and discharge of treated effluent to the environment.

SEWER

A pipe or conduit for conveying wastewater.

SEWER SYSTEM

The sewage collection system, sewage treatment plant, and any sewers that convey wastewater to the sewage treatment plant. For the purposes of this article, "sewer system" shall also include any sewers that convey wastewater to the sewage treatment plant from persons who are, by contract or agreement with Danville, users of the sewer system.

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER

An industrial user who:

A. Has a discharge flow of 25,000 gallons or more of process wastewater per average workday;

B. Discharges an organic load, in pounds of BOD per average workday, of 5% or more of the average daily organic loading of the sewage treatment plant;

C. Is regulated by categorical standards; or

D. Is determined by the Borough to have the potential of adversely affecting the operation of the POTW, causing interference or pass through, or of violating any pretreatment requirement.

SIGNIFICANT NONCOMPLIANCE

A noncompliance which meets or exceeds standards of significant noncompliance as set forth in § 225-36 of this article.

SIGNIFICANT VIOLATOR

Any industrial user in significant noncompliance.

SLUG or SLUG LOAD

Any discharge of water, wastewater or industrial waste in which the concentration of any constituent or the rate of flow exceeds, for any period of time longer than 15 minutes, five times the average concentration or flow rate from that source during a normal working day.

SPCC PLAN

A spill prevention, control and countermeasure plan prepared by an industrial user to minimize the likelihood and intensity of a slug load or spill and to expedite control and cleanup activities should a slug load or spill occur.

SPILL

Any discharge of pollutants resulting from the spilling, overflowing, rupture, or leakage of any storage, process or transfer container, or the control or cleanup activities associated with such an occurrence.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STANDARD METHODS

The latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the Water pollution Control Federation, the American Public Health Association and the American Waterworks Association.

STATE

Commonwealth of Pennsylvania.

STORMWATER

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

SUPERINTENDENT

The person designated by Danville to supervise the operation of the sewage treatment plant and monitor flows in the sewage collection system, 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.

TOTAL SOLIDS

The sum of the dissolved and undissolved solid constituents of water or wastewater.

TOTAL TOXIC ORGANICS

The sum of all quantifiable values of various organic pollutants as determined by the Borough or, for certain categorical industrial users, as defined in the applicable categorical standard.

TOXIC ORGANIC MANAGEMENT PLAN

A plan submitted in lieu of testing for total toxic organics in which an industrial user specifies methods of control to assure that total toxic organics do not routinely enter the sewer system.

TOXIC POLLUTANTS

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act, or other acts, or that is present in sufficient quantity, either singly or in combination with other wastewater, so as to present risk of causing interference or pass through, causing harm to humans, animals or plants, or creating a hazard to persons or property, either in the sewage collection system, the sewage treatment plant, or the environment into which it is released.

UNAUTHORIZED DISCHARGE

Discharge of an unauthorized waste, or a discharge which otherwise is not in compliance with the requirements of the industrial pretreatment program, this article, or other rules or regulations of the Borough.

UNAUTHORIZED WASTE

Any substance which is discharged into the sewage collection system which is not in compliance with the provisions of the industrial pretreatment program or which is discharged by a person in violation of any of the provisions of this article.

USER

Any person who contributes, causes or permits the discharge of wastewater into the sewer system.

WASTEWATER

Industrial wastes 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 enters the sewer system.

WASTEWATER DISCHARGE PERMIT

As set forth in § 225-34 of this article.

WATERS OF THE STATE

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.

[1] Editor's Note: See 33 U.S.C. § 1345.

[2] Editor's Note: See 42 U.S.C. § 6901 et seq.

[3] Editor's Note: See 42 U.S.C. § 7401 et seq.

[4] Editor's Note: See 15 U.S.C. § 2601 et seq.

[5] Editor's Note: See 33 U.S.C. § 1401 et seq. and 16 U.S.C. § 1431 et seq.

§ 225-32 Discharge regulations.

A. Discharge of stormwater. No person shall discharge or cause or permit to be discharged any stormwater, surface water, groundwater, roof water, subsurface drainage, or building foundation drainage into any sanitary sewer.

B. Prohibited discharges. No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewer system. These general prohibitions apply to all users, whether or not the users are subject to categorical standards or any other pretreatment requirements. A user may not discharge the following substances to the sewer system:

(1) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewer system or to the operation of the sewer system. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter. At no time shall the closed-cup flashpoint of the wastewater be less than 140° F. Prohibited materials include, but are not limited to, the following substances in concentrations which cause exceedance of the above standard: gasoline, kerosene, naphtha, benzene, ethers, alcohols, peroxides, chlorates, perchlorates, bromates, and carbides.

(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the sewer system, 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 higher than 10.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the sewer system.

(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other constituents of the wastewater, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sewage treatment plant, or to exceed the limitation set forth in an applicable categorical standard.

(5) Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other substances normally present in the sewer system, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewer system for maintenance and repair.

(6) Any substance which results in the formation or release of toxic gasses, vapors or fumes in a quantity that may cause acute worker health and safety problems.

(7) Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, but in no case exceeding 20 mg/l.

(8) Fats, oils, greases or waxes of animal or vegetable origin in amounts which exceed 100 mg/l.

(9) Any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewage treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,[1] the Clean Air Act,[2] the Toxic Substances Control Act,[3] or state criteria applicable to the sludge management method being used.

[1] Editor's Note: See 42 U.S.C. § 6901 et seq.

[2] Editor's Note: See 42 U.S.C. § 7401 et seq.

[3] Editor's Note: See 15 U.S.C. § 2601 et seq.

(10) Any substance which will cause Danville to violate its NPDES and/or state collection system permit or applicable receiving water quality standards.

(11) Any wastewater with objectionable color which will pass through the treatment plant, such as, but not limited to, dye wastes and vegetable tanning solutions.

(12) Any wastewater having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference, but in no case wastewater with a temperature at the discharge into the sewer system which exceeds 40° C. (104° F.).

(13) Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the sewage treatment plant or interfere with the operation of the sewer system. In no case shall a slug load be discharged.

(14) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Borough or applicable state or federal regulations.

(15) Any trucked or hauled wastewater or pollutants, except those discharged at points designated by the Borough.

(16) Any wastewater which is incompatible with treatment processes in use at the sewage treatment plant so as to cause interference or pass through.

(17) Any wastewater containing any compounds or salts of aldrin, dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxyproprionic acid, or other persistent herbicides, pesticides or rodenticides.

C. Unauthorized discharges. Discharge of any prohibited substance listed under Subsection B of this section shall be considered an unauthorized discharge, and the Borough may take whatever steps are necessary to halt such a discharge, as set forth in §§ 225-36 and 225-37 of this article.

D. Categorical standards. If the categorical standards for a particular industrial user are more stringent than local limits or other requirements imposed under the industrial pretreatment program, then the categorical standards shall apply. The Borough shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12. The National Categorical Pretreatment Standards are hereby incorporated into the industrial pretreatment program as program requirements for those industrial users subject to such categorical standards.

E. State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those established under the industrial pretreatment program.

F. Local limits. The Borough may establish local limits regulating the discharge of specific pollutants by industrial users.

(1) Local limits may be established for any substance which is discharged, or is likely to be discharged, to the sewer system.

(2) Local limits may limit concentration, mass, or a combination of the two.

(3) The procedure for the calculation of local limits should be as recommended by the approval authority. Whenever possible, the calculation of local limits shall be technically based, using all available information.

(4) Local limits shall be calculated to prevent interference, pass through, the discharge of toxic materials in toxic amounts, threats to worker health and safety, and physical, chemical or biological damage to the sewer system.

(5) Local limits shall be applied to all significant industrial users and shall be included in all wastewater discharge permits. Local limits may be applied to other industrial users if deemed appropriate by the Borough.

(6) Discharging any pollutant in excess of a local limit established for that pollutant shall constitute an unauthorized discharge. Such a discharge is subject to the actions and penalties set forth herein.

G. Prohibition on dilution. No industrial user shall, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in applicable categorical standards or in any other pollutant-specific limitation, including local limits, developed by the Borough or state.

H. Slug loads and spills. Each industrial user shall provide protection from spills resulting in prohibited discharges and slug load discharges. facilities to prevent spills and slug loads shall be provided and maintained at the owner's or industrial user's own cost and expense.

(1) SPCC plans. 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 the facility. All existing industrial users shall complete a spill prevention control and countermeasure (SPCC) plan or provide evidence that such a plan is not necessary for their facility. No industrial user who commences discharge to the sewer system after the effective date of this article shall be permitted to introduce pollutants into the sewer system until this requirement has been fulfilled. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of the industrial pretreatment program. In the case of a spill, it is the responsibility of the industrial user to immediately telephone and notify the Borough and the sewage treatment plant of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, corrective actions being taken or planned, and expected duration.

(2) Written notice. Within five days following a spill, slug load, or other accidental discharge, the industrial user shall submit to the Borough a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewer system, fish kills, or any other damage to person or property, nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article or applicable law.

(3) Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a spill or other accidental discharge. Employers shall insure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.

I. Drainage of water filtration systems. Discharge of filter backwash water to the sewer system shall be regulated as follows:

(1) Granular media filter backwash water may be discharged to the sewer system, subject to all of the applicable provisions of the Industrial pretreatment program.

(2) Diatomaceous earth filter backwash, if discharged to the sewer system, shall be connected to the sewer system through settling tanks with no less than three months' storage capacity of spent diatomaceous earth, which tanks shall be accessible for removing solid waste for disposal.

J. Trucked and hauled wastes.

(1) Discharge of trucked or hauled wastes shall be made only at a point designated by the Borough.

(2) Such wastes shall conform to all requirements of the industrial pretreatment program regarding prohibited discharges, regulated characteristics, local limits, or other requirements as to nature and concentration.

(3) No trucked or hauled wastes shall be discharged except as specifically approved by the Borough. The Borough may require testing, reporting, or other specific information to be presented by the operator or owner prior to discharge.

(4) In order to implement the provisions of Subsection J(3) of this section, the Borough may establish a permit system or other means of control and may set rate, frequency, volume, or other controls on the discharges from such vehicles.

K. Grease and sand traps. Grease, oil and sand interceptors or traps shall be provided by a user when the Borough determines that such devices are necessary for the proper handling of wastewaters containing greases, oils or settleable solids. Interceptors and traps shall be installed, operated, maintained and cleaned properly so that they will consistently remove the grease, oil or settleable solids. Interceptors and traps shall be properly designed to accommodate the maximum flow rate expected to occur and shall be located as to be readily and easily accessible for cleaning and inspection.

L. Garbage grinders. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water, shall be permitted, upon the condition that no such mechanical garbage grinder used for commercial or business purposes shall be installed until permission for such use has been obtained from the Borough.

M. Notification requirements: hazardous wastes and hazardous substances.

(1) All industrial users shall notify the Borough, Danville, the EPA Regional Waste Management Division Director, and the Pennsylvania Department of Environmental Protection, Bureau of Waste Management, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall 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 industrial user discharges more than 100 kilograms of such waste per calendar month, the notification shall also include the following information, to the extent that it is known and readily available to the industrial user:

(a) An identification of the hazardous constituents contained in the waste;

(b) An estimation of the mass and concentration in the wastewater of all such constituents discharged in the most recent month; and

(c) An estimate of the mass and concentration of such constituents expected to be discharged during the following 12 months.

(2) Industrial users that commence discharge after the effective date of this article shall submit the report within 180 days of first discharge of the hazardous waste, except as provided in Subsection M(4) of this section.

(3) The required report need be submitted only once for each hazardous waste discharged. Industrial users regulated under categorical standards which have already submitted such information in baseline monitoring reports or periodic compliance reports do not have to report this information again.

(4) Industrial users that discharge less than 15 kilograms of hazardous wastes in a calendar month do not have to comply with these reporting requirements. This exemption does not apply to acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).

(5) An industrial user shall notify the Borough and Danville within five days of becoming aware of any discharges of reportable quantities of listed or unlisted hazardous substances, as defined at 40 CFR 302.4 (CERCLA Hazardous Substances). This notification shall include the time of release; the name of the substance; the identifying CAS number, if known; and the approximate quantity discharged. If the discharge constitutes a spill, change in wastewater constituents, or slug load, other reporting requirements of the industrial pretreatment program may also apply.

(6) Each notification required by this section shall include a statement certifying that the industrial user has a program in place to reduce the volume and/or toxicity of the discharged wastes to the extent that it is economically practical. This statement shall be signed by the authorized representative of the industrial user.

§ 225-33 Fees.

A. Purpose. It is the purpose of this section to provide for the recovery of costs from industrial users of the sewer system for the implementation of the industrial pretreatment program established herein. The applicable charges or fees shall be set forth in the Borough's schedule of charges and fees.[1]

[1] Editor's Note: The schedule of charges and fees is on file in the Borough offices.

B. Fees that may be charged.

(1) The Borough may, by resolution, adopt charges and fees which may include:[2]

(a) Fees for reimbursement of costs of setting up and operating the industrial pretreatment program;

(b) Fees for monitoring, inspections and surveillance procedures;

(c) Fees for reviewing accidental discharge procedures and construction;

(d) Fees for wastewater discharge permit applications;

(e) Fees for filing appeals;

(f) Fees for consistent removal (by the sewage treatment plant) of pollutants otherwise subject to categorical standards; and

(g) Other fees as the Borough may deem necessary to carry out the requirements contained herein.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Borough.

§ 225-34 Permits and reports.

A. Requirement for wastewater discharge permits. Discharge of any industrial waste to the sewer system without a wastewater discharge permit, except as authorized by the Borough in accordance with the provisions of the industrial pretreatment program, is an unauthorized discharge and subject to the penalties provided herein.

B. Significant industrial users. All significant industrial users proposing to connect to or to discharge to the sewer system shall obtain a wastewater discharge permit before connecting to or discharging to the sewer system.

C. Other industrial users. Industrial users which are not significant industrial users do not require a wastewater discharge permit, but are required to comply with all other provisions of the industrial pretreatment program. If an industrial user makes changes to processes, flow, wastewater concentration, wastewater characteristics, or other changes which result in the industrial user meeting the definition of "significant industrial user," the industrial user shall immediately, upon becoming aware that such a change has occurred, or 90 days prior to such a change if it is planned, notify the Borough and apply for a wastewater discharge permit.

D. Permit applications.

(1) Industrial users required to obtain a wastewater discharge permit shall complete and file with the Borough an application in the form prescribed by the Borough and accompanied by the fee prescribed in the Borough's schedule of fees at least 90 days prior to connecting to or discharging to the sewer system. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

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

(b) SIC number or numbers according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(c) Wastewater constituents and characteristics as required by the Borough, as determined by a qualified analyst. Sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended;

(d) Each product by type, amount, process or processes and rate of production;

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

(f) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(g) Time and duration of wastewater or industrial waste contribution;

(h) Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any;

(i) Site plans, floor plans, mechanical and plumbing plans and details to show all building sewers, sewer connections, and appurtenances by the size, location and elevation;

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

(k) The nature and concentration of any pollutants in the discharge which are limited by any Borough, state, or federal pretreatment requirements (including local limits) or categorical standards, and a statement regarding whether or not the categorical standard or pretreatment requirements are being met on a consistent basis and, if not, how the industrial user proposes to meet the categorical standards and/or pretreatment requirements, including whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the applicable categorical standard or pretreatment requirements. If the applicant is a categorical industrial user, this statement shall be signed by a certified professional;

(l) If additional pretreatment and/or O&M will be required to meet categorical standards or other pretreatment requirements (including local limits), the shortest schedule by which the industrial user will provide such additional facilities or procedures shall be developed and submitted. The completion date of this schedule shall not be later than the compliance date established for any applicable categorical standard. The following conditions shall apply to this schedule:

[1] The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical standards or other pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

[2] No increment referred to in Subsection D(1)(l)[1] shall exceed nine months.

[3] Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Borough, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Borough.

(m) Any other information as may be deemed by the Borough to be necessary to evaluate the application;

(n) The application shall be signed and attested to by an authorized representative of the industrial user;

(2) The Borough will evaluate the data furnished by the industrial 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.

E. Confidentiality of applications.

(1) All information required by the Borough in the permit application shall be provided by the industrial user to the best of its ability.

(2) If information regarding raw materials, processes, production rates or other manufacturing information is regarded as confidential by the industrial user, such information shall be marked "confidential" on the application form.

(3) Confidentiality shall not apply to information regarding the flow of or the constituents in the industrial wastewater discharge.

(4) Information accepted by the Borough as confidential shall be handled as detailed in Subsection S of this section.

F. Wastewater discharge permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of the industrial pretreatment program and all other applicable regulations, user charges and fees established by the Borough.

(1) Permits shall contain the following:

(a) Limits on the average and maximum wastewater constituents and characteristics, including local limits and/or categorical standards, as applicable;

(b) List of prohibited discharges, as presented in § 225-32 of this article;

(c) Requirements for submission of technical reports or discharge reports, including the information to be contained and the signatory requirements of these reports;

(d) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(e) Requirements for maintaining and retaining records relating to industrial waste and wastewater discharges and characteristics as specified by the Borough, and affording the Borough access thereto;

(f) Requirements for notification to the Borough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being discharged into the sewer system;

(g) Requirements for notification of slug loads as per § 225-32H;

(h) Statement of duration of the wastewater discharge permit;

(i) Notification of the rules regarding transferability, as stated in Subsection G of this section;

(j) Notification of penalties provided for noncompliance as contained in § 225-37 of this article; and

(k) Notification of right of appeal.

(2) Permits may also contain other information, including, but not limited to:

(a) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(b) Requirements for installation and maintenance of inspection and sampling facilities;

(c) Requirements for installation and maintenance of pretreatment facilities;

(d) Requirements for developing and implementing special plans or practices, such as toxic organic management plans, special management or housekeeping practices, or other such procedures;

(e) Compliance schedules;

(f) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer system; and

(g) Other conditions as deemed appropriate by the Borough to ensure compliance with this article or any other applicable ordinance.

G. Transferability of permits. Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new person, new industrial user, different premises, or a new or changed operation without the approval of the Borough. Any succeeding industrial user shall also comply with the terms and conditions of the existing wastewater discharge permit. The Borough may, at its discretion, deny the transfer of a wastewater discharge permit and require application for a new wastewater discharge permit under the provisions of this section.

H. Duration of wastewater discharge permits. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period of less than a year or may be dated to expire on a specific date. The industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days prior to the expiration of the industrial user's existing wastewater discharge permit. The terms and conditions of the wastewater discharge permit may be subject to modification by the Borough during the term of the wastewater discharge permit as limitations or requirements as identified in § 225-32 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.

I. Delayed permit renewal.

(1) If the industrial user has complied with the terms of the wastewater discharge permit and the industrial pretreatment program and has applied for renewal as provided for in Subsection H of this section, and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect until it is reissued or rescinded by the Borough.

(2) If the wastewater discharge permit is not renewed because of a failure of the industrial user to apply for renewal in a timely fashion or through an act or omission of the industrial user, then discharge of industrial waste by the industrial user without a wastewater discharge permit is an unauthorized discharge and is subject to the enforcement provisions of this article.

J. Appeal of wastewater discharge permits.

(1) Any industrial user that is issued a wastewater discharge permit may appeal the permit conditions, in whole or in part. Appeal procedures shall be as set forth in § 225-36G of this article.

(2) During the process of appeal, the wastewater discharge permit shall remain in effect and shall be enforced with the exception of those conditions specified in writing in the appeal. Conditions imposed by federal or state regulations (e.g., categorical standards) shall not be waived. Conditions which, in the opinion of the Borough, would constitute a hazard or pose a potential threat of pollution if waived shall not be waived during an appeal.

K. Baseline monitoring reports.

(1) As soon as possible following the promulgation of a categorical standard, the wastewater discharge permit of industrial users subject to such standards shall be revised, if necessary, to require compliance with such categorical standard within the time frame prescribed by the categorical standard.

(2) Where an industrial user, subject to a newly promulgated categorical standard, has not previously submitted an application for a wastewater discharge permit as required by Subsection D, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard:

(a) Apply for a wastewater discharge permit; and

(b) Provide the baseline monitoring information required by 40 CFR 403.12(b). This information may be incorporated into the application for a wastewater discharge permit.

(3) An industrial user with an existing wastewater discharge permit shall submit to the Borough, within 180 days after the promulgation of an applicable categorical standard, the information required by 40 CFR 403.12(b).

(4) A new source, or an industrial user that becomes a categorical industrial user through a change in facilities or processes, shall submit a report containing the information required by 40 CFR 403.12(b) at least 90 days prior to commencement of discharge from the regulated process or facility.

L. Categorical compliance report. Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal work cycles. The report shall also state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in Subsection D(1)(l) of this section. This statement shall be signed by an authorized representative of the industrial user and certified to by a certified professional.

M. Periodic compliance reports.

(1) All significant industrial users shall report to the Borough at least twice a year, the date of the report to be as determined by the Borough and contained in the wastewater discharge permit. Reports may be required more frequently if deemed necessary by the Borough.

(2) The reports required under this section shall contain, at a minimum, the measured concentrations of all pollutants regulated by the wastewater discharge permit, a record of all measured daily flows which exceeded the average daily flow value reported in compliance with Subsection D(1)(h) of this section and a statement of accuracy and completeness signed and certified by the authorized representative of the significant industrial user.

(3) For significant industrial users subject to categorical standards, if discharge limits are based on mass units per production unit, then production information regarding the regulated processes during the reporting period shall be included in the report, along with flow and concentration values, so that a determination of compliance or noncompliance with categorical standards can be made.

(4) For significant industrial users subject to categorical standards, the certification of compliance with those standards, signed by a certified professional, shall be included.

N. Reporting and resampling of discharge limit violations.

(1) If, upon receipt of valid sampling and testing results, a significant industrial user becomes aware that a violation of discharge limits has occurred, the significant industrial user shall, within 24 hours of becoming aware of the violation, notify the Borough of this fact. Within 30 days of becoming aware of the violation, the significant industrial user shall also sample and analyze its discharge(s) for each parameter found to be in violation and report the results of the resampling and analysis to the Borough.

(2) Each significant industrial user shall have a duty, on receipt of validly obtained sampling and analysis results, of inspecting the results and determining if any wastewater discharge permit condition has been violated. Failure to examine and compare testing results with wastewater discharge permit conditions shall not be a valid defense for failure to comply with these reporting conditions.

O. Sampling and analysis. All sampling and analysis performed in compliance with wastewater discharge permit conditions or to prepare the reports required in Subsections K, L, M and N of this section shall be accomplished using techniques specified in 40 CFR Part 136, or alternative procedures approved by the Administrator, or using procedures described in Standard Methods if no EPA-approved procedure exists.

P. Monitoring facilities.

(1) The Borough may require an industrial user to provide and operate, at the industrial user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the wastewater or industrial waste discharge. The monitoring facility should normally be situated on the industrial user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(2) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user.

(3) Whether constructed on public or private property, the sampling and 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.

Q. Inspections. The Borough or its agent may inspect the facilities of any user to ascertain whether the purposes of the industrial pretreatment program are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Borough, its agent or representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The Borough, Danville, the 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 onto their premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Borough, Danville, the approval authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

R. Pretreatment facilities. Industrial users shall provide necessary wastewater pretreatment as required to comply with the industrial pretreatment program and shall achieve compliance with all applicable categorical standards within the time limitations as specified by the applicable categorical standards. Any facilities required for pretreatment shall be provided, operated, and maintained at the industrial 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 industrial user from the responsibility of modifying the facility as necessary to produce a discharge which complies with the provisions of the industrial pretreatment program. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Borough prior to the industrial user's initiation of the changes. The review and acceptance of plans and procedures by the Borough shall not be considered as an approval regarding their efficacy, safety or reliability; such considerations are solely the responsibility of the industrial user.

S. Confidentiality.

(1) Information and data on an industrial user obtained from reports, questionnaires, wastewater discharge permit applications and monitoring programs and from inspections shall be available to the public or any governmental agency without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information, processes or methods of production are entitled to protection as trade secrets of the industrial user.

(2) When requested by the person furnishing a report, and supported by evidence acceptable to the Borough as to need for protection as confidential material, the portion of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to the industrial pretreatment program, Danville's NPDES permit, any state permit and/or the industrial pretreatment program; provided, however, that such portions of a report shall be available for use by the EPA, the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(3) The Borough shall maintain a secure place to store records containing confidential information and shall insure that all records marked as confidential are kept secure from casual or public scrutiny.

(4) When information accepted by the Borough as confidential is transmitted to any government agency, a notification to the industrial user shall be provided listing the confidential information transmitted and the governmental entity requesting it.

T. Change in operations.

(1) Any industrial user contemplating or planning a change in the manufacturing process, raw materials, auxiliary processes, pretreatment processes or other changes which may result in changes to wastewater character, composition, volume or rate of flow shall notify the Borough, in writing, at least 30 days prior to making such a change or, if the change is unplanned, immediately upon making the change. The report shall include all information necessary to determine the effect on the wastewater of the change.

(2) The Borough may, on receipt of such a report:

(a) Continue an existing wastewater discharge permit in effect;

(b) Require application for a new wastewater discharge permit;

(c) Modify an existing wastewater discharge permit to reflect the changed nature of the waste;

(d) Rescind and reissue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions;

(e) Revoke an existing wastewater discharge permit or require the industrial user to cease or prevent the discharge; or

(f) Take such other action as it deems appropriate.

U. Records.

(1) The Borough shall keep and maintain all records relating to the administration and enforcement of the industrial pretreatment program, including but not limited to wastewater discharge permit applications, investigations and calculations, wastewater discharge permits, inspection reports, industrial user reports, sampling results and enforcement activities, for a minimum of three years. In cases of ongoing litigation, records shall be maintained as long as they may be required.

(2) All industrial users shall keep and maintain records of monitoring activities and results, wastewater discharge permits, and reports to the Borough for a minimum of three years. In cases of ongoing litigation, such records shall be maintained as long as they may be required.

§ 225-35 Administration.

A. Appointment of Danville as agent. The Borough appoints Danville as its agent for the purposes of administering the industrial pretreatment program. All reports and applications required by this article to be submitted to the Borough shall be submitted to Danville. Danville is hereby authorized to develop all procedures for inspecting users, reporting, issuing wastewater discharge permits, reviewing pretreatment facility plans, and otherwise administering all of the provisions of this article and the industrial pretreatment program. Local limits developed by Danville shall be applied as local limits authorized by this article and applied to such industrial users as authorized by this article. All administrative enforcement actions, as set forth in § 225-36 of this article, may be taken by Danville, acting as an agent of the Borough, including, but not limited to, issuance of written directions and notices of violation, the scheduling and hearing of show cause hearings, and the suspension or revocation of wastewater discharge permits. This authorization may be revoked only upon majority vote of the Council of the Borough of Riverside at a duly scheduled regular or special public meeting.

B. Authorization of Danville to act in the name of the Borough. All enforcement procedures authorized by § 225-36 of this article may be undertaken, without prior consultation with the Borough, by Danville, and Danville shall in those instances be authorized to act for and in the name of the Borough. It is the intent of the Council of the Borough of Riverside that the industrial pretreatment program be administered and enforced by Danville and that all actions taken by Danville in administering and enforcing this article are actions on behalf of the Borough and may be taken in the name of the Borough. This authorization may be revoked only upon majority vote of the Council of the Borough of Riverside at a duly scheduled regular or special public meeting.

C. Information to be shared with Danville. Information acquired by the Borough which pertains to the provisions of the industrial pretreatment program shall be provided to Danville in a timely manner. Such information shall include, but not be limited to:

(1) Information regarding new industrial users or changes in use of existing users.

(2) Information pertaining to the quality, quantity, or rate of flow of discharges.

(3) Information regarding violations of this article or any of its provisions or of the industrial pretreatment program.

D. Actions to be taken in support of Danville in administration and enforcement. The Borough may provide such services as may be required or requested in aid of the administration or enforcement of the provisions of the industrial pretreatment program. Such aid and assistance may include, but not be limited to, assistance in obtaining information, recordkeeping, sampling, inspections or enforcement.

E. Authorization of Danville not exclusive. Notwithstanding the above, the Borough retains the right to administer and enforce the industrial pretreatment program in keeping with the provisions of this article. When so notified by the Borough, users shall provide such information as is required by this article or its provisions to the Borough. The Borough may take such administrative or enforcement actions as it deems necessary to comply with the provisions of this article.

§ 225-36 Enforcement.

A. Right to refuse. The Borough reserves the right to refuse to accept wastewater, or combinations of wastewater, which are discharged in violation of the terms or conditions of the industrial pretreatment program or any written directions issued by the Borough pursuant to the conditions of the industrial pretreatment program. The Borough may take such steps as it deems necessary, as outlined in this section, to compel discontinuance of use of the sewer system or pretreatment of industrial wastes in order to comply with the provisions of the industrial pretreatment program.

B. Suspension of permit.

(1) The Borough may suspend the 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 or pass through, or causes the Borough or Danville to violate any condition of an NPDES permit or any other federal or state law, rule, regulation or permit condition.

(2) Any industrial user notified of a suspension of its wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the industrial user to comply voluntarily with the notice of suspension, the discharge shall be considered an unauthorized discharge, and the Borough shall take such steps as deemed necessary, including immediate severance or plugging of the connection between the building sewer and the sewage collection system, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person.

(3) The Borough shall reinstate the wastewater discharge permit upon submission of proof by the industrial user of the elimination of the unauthorized discharge. A detailed written statement submitted by the industrial user describing the causes of the unauthorized discharge and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of occurrence.

C. Revocation of permit.

(1) Any industrial user who violates the following conditions of the industrial pretreatment program, or applicable state and federal regulations, is subject to having its wastewater discharge permit revoked:

(a) Failure of an industrial user to factually report the wastewater constituents and characteristics of its discharge in any application for a wastewater discharge permit or in any reports required by § 225-34K, L, M or N of this article;

(b) Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics as required in § 225-34T of this article;

(c) Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring; or

(d) Significant noncompliance with conditions of the wastewater discharge permit.

(2) Discharge of any industrial waste to the sewer system by a significant industrial user without a wastewater discharge permit is an unauthorized discharge, as provided in § 225-34A, and is subject to the penalties provided herein.

D. Notice of violation. Whenever the Borough finds that any industrial user has violated or is violating the provisions of the industrial pretreatment program, its wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the Borough may serve upon such industrial user a written notice stating the nature of the violation and requiring a response within a specified time. Responses required of industrial users may include, but are not restricted to, actions, plans, compliance schedules, or written explanations.

E. Show cause hearing.

(1) The Borough may direct any industrial user who causes or allows an unauthorized discharge to enter the sewer system, or who violates any condition or requirement of the industrial pretreatment program or its wastewater discharge permit, to show cause before the Borough why the proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of a hearing to be held by the Borough regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the industrial user to show cause before the Borough 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 if the industrial user is a corporation.

(2) The Borough may itself conduct the hearing and take the evidence or may designate any of its members or any representative of the Borough to:

(a) Issue in the name of the Borough notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(b) Take the evidence;

(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough, for action thereon.

(3) At any hearing held pursuant to this subsection, 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.

(4) After the Borough or its authorized representative has reviewed the evidence, it may, in writing, direct the industrial user to take certain actions to correct the unauthorized discharge or to achieve compliance. The actions which may be directed include, but are not limited to:

(a) Installation of pretreatment facilities or equipment;

(b) Modification or additions to existing pretreatment facilities or equipment;

(c) Initiation of management practices which are required to alter the nature of the industrial waste being discharged;

(d) Development or implementation of SPCC plans or other measures;

(e) Other measures found to be necessary to correct the unauthorized discharge or other noncompliance.

(5) The direction may be in the form of a schedule for compliance, setting dates by which certain actions shall be taken.

(6) Failure of an industrial user to comply with written directions issued pursuant to a hearing constitutes a violation of this article and may be subject to additional actions or penalties as outlined in this section.

F. Administrative orders. The Borough may issue written directions as described in Subsection E(4) of this section without a show cause hearing if the Borough determines that such directions are necessary to correct conditions or remedy continuing violations of any wastewater discharge permit or other requirements of the industrial pretreatment program, this article or federal or state regulations.

G. Right of appeal.

(1) An industrial user may appeal the enforcement actions enumerated above in Subsections B, C, E and F of this section, or wastewater discharge permit conditions, in whole or in part. An appeal is subject to the following requirements:

(a) The appeal must be made in writing to the Borough.

(b) The appeal must be made within 30 calendar days from the date of receipt of the wastewater discharge permit, written directions, or notice of suspension or revocation of a wastewater discharge permit being appealed by the industrial user.

(c) The appeal must state the specific provision(s) of a wastewater discharge permit or the specific directions of the Borough which are being contested.

(d) The appeal must state the reasons for the appeal of each provision.

(e) The appeal may suggest alternate or revised provisions to replace those appealed.

(2) Provisions mandated by federal or state regulations (e.g., compliance with categorical standards) shall not be appealed.

(3) An appeal shall be made to the Borough and shall be reviewed by any designated representative(s) of the Borough, provided:

(a) The representative shall not be the Pretreatment Coordinator; and

(b) The representative is not the Superintendent.

(4) Within 60 days of receipt, the representative(s) reviewing the appeal shall report, in writing, to the Borough the results of the review. The report shall contain, at a minimum:

(a) A summary of each item appealed, the appellant's reasons for appeal, and the appellant's proposed remedies, if any.

(b) The finding of merit for each point, and the reason(s) for finding.

(c) For each point found to be with merit, a proposed remedy, and a finding that the remedy is allowable under the provisions of the industrial pretreatment program and all applicable federal, state and local rules, regulations and laws.

(5) Review of appeal and report.

(a) The Borough shall review the report and, at one or more regular or special public meetings, take any additional testimony offered by the appellant, reviewer, Pretreatment Program Coordinator, or other interested party. The Borough shall, within 45 days of the conclusion of testimony, decide to:

[1] Grant the appeal or portions of the appeal, applying such remedies as it deems proper; or

[2] Deny the appeal.

(b) This decision constitutes final administrative action.

H. Civil actions. If any person violates the provisions of the industrial pretreatment program, including local federal or state pretreatment requirements, categorical standards, or any wastewater discharge permit or written directions issued by the Borough, the Borough may commence an action for appropriate legal and/or equitable relief in the (Circuit) Court of Northumberland County.

I. Injunctive relief. If any person causes or permits an unauthorized discharge to occur, or otherwise violates the conditions imposed by the industrial pretreatment program or any wastewater discharge permit or written directions issued by the Borough, or any federal or state pretreatment requirement or categorical standard, the Borough may commence an action in the (Circuit) Court of Northumberland County for injunctive relief to stop the unauthorized discharge or to require compliance with the applicable condition.

J. Enforcement response plan. The Borough shall adopt the enforcement response plan developed by Danville to guide the Pretreatment Coordinator in the administration of the industrial pretreatment program. The enforcement response plan shall meet the requirements of 40 CFR 403.8(f)(5) regarding the contents of enforcement response plans. The Pretreatment Coordinator shall be guided by the enforcement response plan when reviewing industrial user reports, inspection results and other compliance information and when recommending to the Borough enforcement action in response to noncompliance.

K. Significant violators. The Borough shall publish annually, in the local daily newspaper of highest circulation, a list of industrial users that were found to be in significant noncompliance during the previous calendar year. If such publication is made by Danville, then this requirement shall be considered satisfied. Significant noncompliance shall be determined using measures of rate, magnitude, and type of noncompliance, as delineated below:

(1) Chronic violations of local limits, prohibitive discharge standards, categorical standards, or other numerical limitations on discharges of industrial waste. A chronic violation occurs if the violation occurs in 66% or more of all measurements taken during a six-month period for the same pollutant(s).

(2) Technical review criteria (TRC) violations of local limits, prohibitive discharge standards, categorical standards, or other numerical limitations on discharges of industrial waste. A TRC violation occurs if 33% or more of all of the measurements for any pollutant during any six-month period equal or exceed the product of the daily maximum limit or the monthly average limit and the applicable TRC. For conventional pollutants (BOD, total suspended solids and fats, oil and grease), the TRC equals 1.4; for all other pollutants except pH, the TRC equals 1.2.

(3) Any violation of local limits, prohibitive discharge standards, categorical standards, or other numerical limitations on discharges of industrial waste which the Borough determines has caused pass through or interference or has endangered the health or safety of Borough personnel, workers in the sewer system, or the public.

(4) Any discharge that has caused imminent endangerment to human health, welfare or the environment or has caused the Borough to exercise its emergency authority under Subsection B of this section.

(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or submitted in response to written directions of the Borough for starting construction, completing construction, or attaining final compliance.

(6) Failure to provide, within 30 days after the due date, any required reports, including but not limited to baseline monitoring reports, periodic compliance reports, reports on compliance with compliance schedules, or reports on a change in operations.

(7) Failure to accurately report any noncompliance.

(8) Any other violation, noncompliance, or group of violations or noncompliances which the Borough determines will adversely affect the operation or implementation of the industrial pretreatment program.

L. Records. The Borough shall maintain records of all enforcement actions taken, the reasons for those actions, and the results of those actions. These records shall be made available to the approval authority and the public during normal Borough business hours.

§ 225-37 Violations and penalties.

[Amended 9-19-2011 by Ord. No. 09-11]

Any user who is found to have failed to comply with any provisions of the industrial pretreatment program or the rules, regulations and permits issued hereunder shall be punishable by a maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, imprisonment for a term not exceeding 30 days. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. 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 person found to have violated this article or the rules, regulations, and permits issued hereunder.