Except as otherwise provided herein, the Superintendent of the
sewage treatment system shall administer, implement and enforce the
provisions of this article. Any powers granted to or duties imposed
upon the Superintendent may be delegated by the Superintendent to
other Bristol Township Authority personnel.
The following abbreviations, when used in this article, shall
have the following designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
United States Environmental Protection Agency
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly owned treatment works
RCRA
Resource Conservation and Recovery Act
SIC
Standard industrial classification
TSS
Total suspended solids
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
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.
AUTHORIZED REPRESENTATIVE OF THE USER
A.
If the user is a corporation:
(1)
The president, secretary, treasurer or a 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
(2)
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
B.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
C.
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
D.
The individuals described in Subsections
A through
C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position who is responsible for the overall operation of the facility from which the discharge originates or who has overall responsibility for environmental matters for the company and the written authorization is submitted to the Bristol Township Authority.
BIOCHEMICAL OXYGEN DEMAND OR BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act (33
U.S.C. § 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director or other
duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
GRAB SAMPLE
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
INDIRECT DISCHARGE OR DISCHARGE
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
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, therefore, is a cause of a violation of the Township
of Bristol's NPDES permit or of the prevention of sewage sludge use
or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state
or local regulations: Section 405 of the Act; the Solid Waste Disposal
Act, including Title II, commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
NEW SOURCE
A.
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:
(1)
The building, structure, facility or installation is constructed
at a site at which no other source is located.
(2)
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
(3)
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.
B.
Construction on a site at which an existing source is located results in a modification rather than a "new source" if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection
A(1) or
(2) above but otherwise alters, replaces or adds to existing process or production equipment.
C.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
(1)
Begun, or caused to begin, as part of a continuous on-site construction
program:
(a)
Any placement, assembly or installation of facilities or equipment.
(b)
Significant site preparation work, including the 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.
(2)
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.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
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 or discharges from other sources, is a cause of a
violation of any requirement of the Bristol Township Authority NPDES
permit, including an increase in the magnitude or duration of a violation.
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. This definition includes all federal, state and
local governmental entities.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
PUBLICLY OWNED TREATMENT WORKS OR POTW
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Township of Bristol. This
definition includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing
operations, etc.).
SIGNIFICANT INDUSTRIAL USER
A.
A user subject to categorical pretreatment standards.
B.
A user that:
(1)
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater).
(2)
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant.
(3)
Is designated as such by the Bristol Township Authority on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement.
C.
Upon a finding that a user meeting the criteria in Subsection
B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Bristol Township Authority may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD OR SLUG
Any discharge at a flow or concentration which could cause a violation of the prohibited discharge standards in §
160-44 of this article.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
SUPERINTENDENT
The person designated by the Bristol Township Authority to
supervise the operation of the POTW and who is charged with certain
duties and responsibilities by this article or a duly authorized representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquid and which is
removable by laboratory filtering.
TOWNSHIP
The Township of Bristol or the Bristol Township Authority
as manager for the Township of Bristol.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
The Categorical Pretreatment Standards found at 40 CFR Chapter
I, Subchapter N, Parts 405 to 471 are hereby incorporated.
A. Where a
categorical pretreatment standard is expressed only in terms of either
the mass or the concentration of a pollutant in wastewater, the Superintendent
may impose equivalent concentration or mass limits in accordance with
40 CFR 403.6(c).
B. When wastewater
subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the Superintendent shall impose
an alternate limit using the combined waste stream formula in 40 CFR
403.6(e).
C. A user
may obtain a variance from a categorical pretreatment standard if
the user can prove, pursuant to the procedural and substantive provisions
in 40 CFR 403.13, that factors relating to its discharge are fundamentally
different from the factors considered by the EPA when developing the
categorical pretreatment standard.
D. A user
may obtain a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15.
[Amended 12-12-1997 by Ord. No. 97-16]
A. The following
pollutant limits are established to protect against pass-through and
interference. No person shall discharge wastewater containing in excess
of the following:
Pollutants
|
Maximum Concentration (mg/l)
|
---|
Arsenic (T)
|
2.30
|
Cadmium (T)
|
0.10
|
Chromium (T)
|
1.80
|
Copper (T)
|
0.51
|
Lead (T)
|
0.43
|
Mercury (T)
|
0.003
|
Nickel (T)
|
0.51
|
Silver (T)
|
0.14
|
Zinc (T)
|
2.90
|
Cyanide (T)
|
2.30
|
Phenols (T)
|
1.83
|
Ammonia as N (NH3_N)
|
69.0
|
Fats, oils and grease
|
107.0
|
Biochemical oxygen demand (BOD5)
|
775.0
|
Total suspended solids (TSS)
|
1054.0
|
Chemical oxygen demand (COD)
|
1550.0
|
Sulfate as SO4
|
360.0
|
B. The above
limits apply at the point where the wastewater is discharged to the
POTW. All concentration for metallic substances are for total metal
unless indicated otherwise. The Superintendent may impose mass limitations
in addition to or in place of the concentration-based limitations
above.
The Bristol Township Authority reserves the right to establish,
by ordinance or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW.
No user shall ever increase the use of process water or in any
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The Superintendent may impose mass limitations on
users who are using dilution to meet applicable pretreatment standards
or requirements or in other cases when the imposition of mass limitations
is appropriate.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in §
160-44 of this article within the time limitations specified by the EPA, the state or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Bristol Township Authority for review and shall be acceptable to them before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Bristol Township Authority under the provisions of this article.
At least once every two years, the Superintendent shall evaluate
whether each significant industrial user needs an accidental discharge/slug
control plan. The Bristol Township Authority may require any user
to develop, submit for approval and implement such a plan. Alternatively,
the Bristol Township Authority may develop such a plan for any user.
An accidental discharge/slug control plan shall address, at a minimum,
the following:
A. A description
of discharge practices, including nonroutine batch discharges.
B. A description
of stored chemicals.
C. Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by§
160-70 of this article.
D. Procedures
to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance
of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response.
When requested by the Superintendent, a user must submit information
on the nature and characteristics of its wastewater within 30 days
of the request. The Superintendent is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
Any user required to obtain a wastewater discharge permit who proposes to begin or continue discharging into the POTW must obtain such permit prior to the beginning or continuing of such discharge. An application for this wastewater discharge permit, in accordance with §
160-55 of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
All wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user and contain
the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction and supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
The Superintendent will evaluate the data furnished by the user
and may require additional information. Within 30 days of receipt
of a complete wastewater discharge permit application, the Superintendent
will determine whether or not to issue a wastewater discharge permit.
The Superintendent may deny any application for a wastewater discharge
permit.
A wastewater discharge permit may be issued for a period of
one year but not more than five years at the discretion of the Superintendent.
Each wastewater discharge permit will indicate a specific date upon
which it will expire.
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Superintendent to prevent
pass-through or interference, protect the quality of the water body
receiving the treatment plant's effluent, protect worker health and
safety, facilitate sludge management and disposal and protect against
damage to the POTW.
A. Wastewater
discharge permits must contain:
(1) A
statement that indicates the wastewater discharge permit's duration,
which in no event shall exceed five years.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the Bristol Township Authority in accordance with §
160-62 of this article and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3) Effluent
limits based on applicable pretreatment standards.
(4) Self-monitoring,
sampling, reporting, notification and recordkeeping requirements.
These requirements shall include an identification of pollutants to
be monitored, sampling location, sampling frequency and sample type
based on federal, state and local law.
(5) A
statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.
B. Wastewater
discharge permits may contain, but need not be limited to, the following
conditions:
(1) Limits
on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization.
(2) Requirements
for the installation of pretreatment technology, pollution control
or the construction of appropriate containment devices designed to
reduce, eliminate or prevent the introduction of pollutants into the
treatment works.
(3) Requirements
for the development and implementation of spill control plans or other
special conditions, including management practices necessary to adequately
prevent accidental, unanticipated or nonroutine discharges.
(4) Development
and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW.
(5) Requirements
for the installation and maintenance of inspection and sampling facilities
and equipment.
(6) A
statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable federal and state pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit.
(7) Other
conditions as deemed appropriate by the Superintendent to ensure compliance
with this article and state and federal laws, rules and regulations.
The Bristol Township Authority shall provide public notice of
the issuance of a wastewater discharge permit. Any person, including
the user, may petition the Bristol Township Authority to reconsider
the terms of a wastewater discharge permit within 30 days of notice
of its issuance.
A. Failure
to submit a timely petition for review shall be deemed to be a waiver
of the administrative appeal.
B. In its
petition, the appealing party must indicate the wastewater discharge
permit provisions objected to, the reasons for this objection and
the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C. The effectiveness
of the wastewater discharge permit shall not be stayed pending the
appeal.
D. If the
Bristol Township Authority fails to act within 30 days, a request
for reconsideration shall be deemed to be denied. Decisions not to
reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
E. Aggrieved
parties seeking judicial review of the final administrative wastewater
discharge permit decision must do so by filing a complaint with the
Court of Common Pleas of Bucks County within 30 days.
The Bristol Township Authority may modify a wastewater discharge
permit for good cause, including but not limited to the following
reasons:
A. To incorporate
any new or revised federal, state or local pretreatment standards
or requirements.
B. To address
significant alteration or additions to the user's operation, processes
or wastewater volume or character since the time of the wastewater
discharge permit's issuance.
C. A change
in the POTW that requires either a temporary or permanent reduction
or elimination of the authorized discharge.
D. Information
indicating that the permitted discharge poses a threat to the Bristol
Township Authority's POTW, personnel or the receiving waters.
E. Violation
of any terms or conditions of the wastewater discharge permit.
F. Misrepresentations
or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting.
G. Revision
of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13.
H. To correct
typographical or other errors in the wastewater discharge permit.
I. To reflect
a transfer of the facility ownership or operation to a new owner or
operator.
A user with an expiring wastewater discharge permit shall apply
for wastewater discharge permit reissuance by submitting a complete
permit application a minimum of 90 days prior to the expiration of
the user's existing wastewater discharge permit.
The following conditions shall apply to the compliance schedule required by §
160-65B(7) of this article:
A. The schedule
shall contain progress increments in the form of dates for the commencement
and completion of major events leading to the construction and operation
of additional pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not limited to,
hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing construction
and beginning and conducting routine operation).
B. No increment
referred to above shall exceed nine months.
C. The user
shall submit a progress report to the Superintendent no later than
14 days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with
the increment of progress, the reason for any delay and, if appropriate,
the steps being taken by the user to return to the established schedule.
D. In no
event shall more than nine months elapse between such progress reports
to the Superintendent.
Within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in §
160-65B(4),
(5) and
(6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with §
160-56 of this article.
Each user must notify the Superintendent of any planned significant
changes to the user's operations or system which might alter the nature,
quality or volume of its wastewater at least 30 days before the change.
A. The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §
160-55 of this article.
B. The Superintendent may issue a wastewater discharge permit under §
160-57 of this article or modify an existing wastewater discharge permit under §
160-61 of this article in response to changed conditions or anticipated changed conditions.
C. For purposes
of this requirement, significant changes include, but are not limited
to, flow increases of 20% or greater and the discharge of any previously
unreported pollutants.
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the Superintendent as the Superintendent
may require.
If sampling performed by a user indicates a violation, the user
must notify the Superintendent within 24 hours of becoming aware of
the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Superintendent
within 30 days after becoming aware of the violation. The user is
not required to resample if the Superintendent monitors at the user's
facility at least once a month or if the Superintendent samples between
the user's initial sampling and when the user receives the results
of this sampling.
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable Categorical
Pretreatment Standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by the EPA.
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
Users subject to the reporting requirements of this article
shall retain and make available for inspection and copying all records
of information obtained pursuant to any monitoring activities required
by this article and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include the date, exact place,
method and time of sampling and the name of the person(s) taking the
samples; the dates analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at
least three years. This period shall be automatically extended for
the duration of any litigation concerning the user or the Bristol
Township Authority or where the user has been specifically notified
of a longer retention period by the Superintendent.
The Superintendent shall have the right to enter the premises
of any user to determine whether the user is complying with all requirements
of this article and any wastewater discharge permit or order issued
hereunder. Users shall allow the Superintendent ready access to all
parts of the premises for the purposes of inspection, sampling, records
examination and copying and the performance of any additional duties.
A. Where
a user has security measures in force which require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, the Superintendent will be permitted to
enter without delay for the purposes of performing specific responsibilities.
B. The
Superintendent shall have the right to set up on the user's property,
or require the installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
C. The
Superintendent may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and properly operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated to ensure their accuracy.
D. Any
temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Superintendent
and shall not be replaced. The costs of clearing such access shall
be born by the user.
E. Unreasonable
delays in allowing the Superintendent access to the user's premises
shall be a violation of this article.
If the Superintendent has been refused access to a building,
structure or property or any part thereof and is able to demonstrate
structure or property or any part thereof and is able to demonstrate
probable cause to believe that there may be a violation of this article,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Bristol Township Authority
designed to verify compliance with this article or any permit or order
issued hereunder or to protect the overall public health, safety and
welfare of the community, then the Superintendent may seek issuance
of a search warrant from the Court of Common Pleas of Bucks County.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits
and monitoring programs and from the Superintendent's inspection and
sampling activities shall be available to the public without restriction,
unless the user specifically requests and is able to demonstrate to
the satisfaction of the Superintendent that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be available for inspection by the public, but shall be
made available immediately upon request to governmental agencies for
uses related to the NPDES program or pretreatment program and in enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics and other "effluent data" as defined
by 40 CFR 2.302 will not be recognized as confidential information
and will be available to the public without restriction.
The Superintendent shall publish annually, in the largest daily
newspaper published in the municipality where the POTW is located,
a list of the users which, during the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and
requirements. The term "significant noncompliance" shall mean:
A. Chronic
violations of wastewater discharge limits, defined here as those in
which 66% or more of wastewater measurements taken during a six-month
period exceed the daily maximum limit or average limit for the same
pollutant parameter by any amount.
B. Technical
review criteria (TRC) violations, defined here as those in which 33%
or more of wastewater measurements taken for each pollutant parameter
during a six-month period equals or exceeds the product of the daily
maximum limit or the average limit multiplied by the applicable criteria
(1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH).
C. Any
other discharge violation that the Superintendent believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public.
D. Any
discharge of pollutants that has caused imminent endangerment to the
public or to the environment or has resulted in the Superintendent's
exercise of his emergency authority to halt or prevent such a discharge.
E. Failure
to meet, within 90 days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance.
F. Failure
to provide, within 30 days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with
Categorical Pretreatment Standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules.
G. Failure
to accurately report noncompliance.
H. Any
other violation(s) which the Superintendent determines will adversely
affect the operation or implementation of the local pretreatment program.
When the Superintendent finds that a user has violated or continues
to violate any provision of this article, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the Superintendent may serve upon that user a written notice of violation.
Within 20 days of the receipt of this notice, an explanation of the
violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
by the user to the Superintendent. Submission of this plan in no way
relieves the user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the Superintendent to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
The Superintendent may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§
160-70.14 and
160-70.15 of this article and shall be judicially enforceable.
The Superintendent may order a user which has violated or continues
to violate any provision of this article, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement
to appear before the Superintendent and show cause why the proposed
enforcement action should not be taken. Notice shall be served on
the user specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action and a request that
the user show cause why the proposed enforcement action should not
be taken. The notice of the meeting shall be served personally or
by registered or certified mail (return receipt requested) at least
10 days prior to the hearing. Such notice may be served on any authorized
representative of the user. A show-cause hearing shall not be a bar
against or prerequisite for taking any other action against the user.
When the Superintendent finds that a user has violated or continues
to violate any provision of this article, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the Superintendent may issue an order to the user responsible for
the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices or other related appurtenances are installed
and properly operated. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against or a prerequisite for taking any
other action against the user.
When the Superintendent finds that a user has violated or continues
to violate any provision of this article, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the Superintendent may petition the Court of Common Pleas of Bucks
County, through the Bristol Township Authority's attorney, for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit order or other requirement imposed by this article on activities
of the user. The Superintendent may also seek such other action as
is appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against or a prerequisite for
taking any other action against a user.
The remedies provided for in this article are not exclusive.
The Superintendent may take any, all or any combination of these actions
against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with the Bristol Township Authority's
Enforcement Response Plan. However, the Superintendent may take other
action against any user when the circumstances warrant. Further, the
Superintendent is empowered to take more than one enforcement action
against any noncompliant user.
The Superintendent may decline to issue or reissue a wastewater
discharge permit to any user who has failed to comply with any provision
of this article, a previous wastewater discharge permit or order issued
hereunder or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the Bristol
Township Authority, in a sum not to exceed a value determined by the
Superintendent to be necessary to achieve consistent compliance.
The Superintendent may decline to issue or reissue a wastewater
discharge permit to any user who has failed to comply with any provision
of this article, a previous wastewater discharge permit or order issued
hereunder or any other pretreatment standard or requirement, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
The Bristol Township Authority may pay up to $100 for information
leading to the discovery of noncompliance by a user. In the event
that the information provided results in a civil penalty or an administrative
fine levied against the user, the Bristol Township authority may disperse
up to 5% of the collected fine or penalty to the informant. However,
a single reward payment may not exceed $1,000.
The Bristol Township Authority may adopt reasonable fees for
reimbursement of costs of setting up and operating the pretreatment
program, which may include:
A. Fees
for wastewater discharge permit applications, including the cost of
processing such applications.
B. Fees
for monitoring, inspection and surveillance procedures, including
the cost of collection and analyzing a user's discharge and reviewing
monitoring reports submitted by users.
C. Fees
for reviewing and responding to accidental discharge procedures and
construction.
E. Other
fees as the Bristol Township Authority may deem necessary to carry
out the requirements contained herein. These fees relate solely to
the matters covered by this article and are separate from all other
fees, fines and penalties chargeable by the Bristol Township Authority.