Article VII Discharges Into Sewer Systems

Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the treatment works or contaminate the resulting sludge;

Prevent the introduction of pollutants into the municipal wastewater system which will pass through the treatment works, inadequately treated, into receiving water or the atmosphere, or otherwise be incompatible with the treatment works;

Improve the opportunity to recycle and reclaim wastewaters and sludges from the treatment works; and

§ 475-52 Definitions and abbreviations.

Provide for equitable distribution of the cost of the municipal wastewater system.

These rules and regulations authorize monitoring and enforcement activities, require industrial user reporting, and provide for the regulation of dischargers to the POTW through enforcement of general requirements for all industrial dischargers and through the issuance of permits to certain nondomestic dischargers. Except as otherwise provided, the Easton Area Joint Sewer Authority shall administer, implement, and enforce this article. These rules and regulations shall apply to the Easton Area Joint Sewer Authority service area and to those outside the area serviced by contract or agreement.

Unless the context specifically indicates otherwise, as used in this article, the following terms shall have the following meanings:

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 Director in a NPDES state with an approved state pretreatment program or the administrator of the Environmental Protection Agency in a non-NPDES state or NPDES state without an approved state pretreatment program.

APPROVED TEST PROCEDURE

Analytical test procedures approved under 40 CFR Part 136 or otherwise expressly approved by the Authority.

AUTHORITY

The Easton Area Joint Sewer Authority or, in appropriate cases, its authorized representatives.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

An authorized representative of a company, which may be:

A principal executive officer of at least the level of vice president, if the company is a corporation;

A general partner or proprietor, if the company is a partnership or proprietorship, respectively;

A duly authorized representative of the individual designated under (1) or (2) hereof, if such representative is responsible for the overall operation of the regulated facility (such as a position of plant manager, superintendent, or person of equivalent responsibility); or

BOD (BIOCHEMICAL OXYGEN DEMAND)

Such other party as identified in 40 CFR 403.12(e) (1988).

The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. The standard laboratory procedure shall be that found in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association.

BUILDING SEWER OR LATERAL

The extension of the building drain from the curbline or property line to the public sewer or other place of disposal.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to National Categorical Pretreatment Standards in accordance with Appendix C and Appendix D of the EPA General Pretreatment Standards (40 CFR Part 403).

CATEGORICAL STANDARDS

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. 1347) which applies to a specific category of industrial users.

CHLORINE DEMAND

The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of 0.1 ppm after 15 minutes of contact.

CITY

The City of Easton.

COD (CHEMICAL OXYGEN DEMAND)

A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater expressed as the amount of oxygen consumed from a chemical oxidant in accordance with an approved test procedure.

COLOR

The color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidol particles.

COMMERCIAL OR INDUSTRIAL USER

A user who discharges wastewater generated from the preparation or supplying of commodities and services, including restaurants, car washes, gasoline stations and laundromats, or who discharges any other nondomestic wastewater into the treatment works.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, and such additional pollutants as are (or may in the future be) specifically enumerated and controlled in the Authority's NPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the NPDES permit.

COMPOSITE SAMPLE

A sample consisting of several effluent portions collected during a specified time period and combined to make a representative sample.

CONSISTENT REMOVAL

A reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or to a harmless state, as measured according to the procedures set forth in Section 403.7(d)(2) of the General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR Part 403).

CONTROL AUTHORITY

Refers to the "Approval Authority" defined above, or the EAJSA if the Authority has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

Any water used for the purpose of carrying away excess heat and which may contain only those biocides and only in concentrations needed for effective control of biological growth or other additives to protect the system against corrosion, scaling or the like.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

DISCHARGE

The releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a pollutant into the waters of the commonwealth, or onto the land or into wells from which the pollutant might flow or drain into such waters, and shall include the release of any pollutant into a municipal treatment works.

DISSOLVED SOLIDS

The anhydrous residues of the dissolved constituents in water or wastewater.

DOMESTIC WASTEWATER

The liquid waste or liquid-borne waste discharged from residential units, normally resulting from the noncommercial preparation, cooking and handling of food and wastes from sanitary conveniences.

DWELLING UNIT

A room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone.

EPA

The United States Environmental Protection Agency.

EQUIVALENT DWELLING UNIT

The quantity of flow which is equivalent to the average amount of water consumed by a single residential unit. The number of equivalent dwelling units (EDUs) assigned to a residential dwelling unit, regardless of water consumption, is one. The number of EDUs assigned to an industrial or other nonresidential user is calculated on a quarterly basis by dividing the total quarterly water consumption (or sewage flow) of the industrial or nonresidential user by the average quarterly water consumption of a residential unit during the previous year. The minimum number of EDUs assigned to any user shall be one.

EXCESSIVE DISCHARGE

Wastewater discharge at a flow rate during a period longer than 15 minutes that exceeds more than five times the average daily flow rate of the user during normal operations, or wastewater discharge at a flow rate and/or pollutant concentration that will cause interference, passthrough, or which will cause the POTW's sludge to be unsuitable for disposal in the judgment of the Authority, or which otherwise violates this article or any applicable federal or state standards.

EXISTING USER or EXISTING INDUSTRIAL USER

Includes all persons discharging wastewater to treatment works of the Authority at the time this article are adopted by the Authority.

GARBAGE

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

GRAB SAMPLE

A sample taken from a waste stream on a one-time basis without regard to flow or time.

GROUND GARBAGE

Garbage that has been shredded to such a degree that all its particles shall be carried freely under normal sewage flow conditions, with no particle greater than 1/2 inch in any dimension.

HOLDING TANK WASTE

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

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant.

INDUSTRIAL, COMMERCIAL OR WASTEWATER DISCHARGE PERMIT

A permit duly issued by the Authority to an industrial or commercial user in accordance with these rules and regulations. Such permit shall establish discharge limitations, monitoring and reporting obligations, and other requirements that may be more stringent that these rules and regulations or any applicable federal categorical standards.

INDUSTRIAL OR COMMERCIAL WASTE SURCHARGE

A charge levied on industrial users of the treatment works of the POTW for the additional cost of treating wastewater which exceeds 250 mg/l of BOD, 250 mg/l of TSS, and/or 25 mg/l of ammonia.

INDUSTRIAL PROCESS WASTEWATER

The liquid waste or liquid-borne waste resulting from the processes employed by any person identified in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A. Agriculture, Forestry, and Fishing.

Division B. Mining.

Division D. Manufacturing.

Division E. Transportation, Communications, Electric, Gas and Sanitary Services.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Division I. Services.

INDUSTRIAL USER

See "commercial or industrial user."

INFILTRATION

The water entering a sewer system and service connection from the ground through such means as, but not limited to, defective pipes, pipe joints, connections and/or manhole walls. Infiltration does not include, and is distinguished from, inflow.

INFILTRATION/INFLOW

The total quality of water from both infiltration and inflow without distinguishing the source. Also known as "extraneous flow."

INFLOW

The water discarded into a sewer system and service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.

INTERFERENCE

A discharge which inhibits or disrupts the POTW's operation or processes and contributes to the POTW violating its NPDES permit or requirements applicable to the POTW's chosen sludge use or disposal methods.

MANHOLE

A shaft or chamber leading from the surface of the ground to a sewer, large enough to enable a person to gain access to the latter.

MAY; SHALL

"May" is permissive; "shall" is mandatory.

MEMBER MUNICIPALITY

Any of the six municipalities which comprise the Easton Area Joint Sewer Authority: the City of Easton, Bushkill-Lower Lehigh Joint Sewer Authority, Forks Township, Palmer Township, the Borough of West Easton and the Borough of Wilson.

mg/l

Milligrams per liter and is equivalent to parts per million (ppm) by weight.

MULTIPLE DWELLING

Any improved property in which shall be located more than one dwelling unit.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342), as amended, or reissued from time to time; that is, the permit in effect at the relevant time of the issue in question.

NEW SOURCE

An industrial or commercial user would be classified as a new source, if:

The construction is carried out at a site at which no other source is located;

The construction totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater-generating processes of the constructed facility are substantially independent of an existing source at the same site; any user as further defined in 40 CFR 403.3(k) (1988).

PRETREATMENT or TREATMENT

Any construction at the site of an existing facility that does not meet the above criteria will not result in a new source.

NORMAL STRENGTH WASTE

Wastewater which when analyzed shows a daily average of not more than 250 mg/l of BOD, not more than 250 mg/l of TSS, and/or 25 mg/l of ammonia.

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, successors or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. Solutions with a pH greater than seven are said to be basic; solutions with a pH less than seven are said to be acidic; pH equal to seven is considered neutral. Analysis shall be performed in accordance with an approved test procedure.

POLLUTANT

Any dredged spoil, solid waste, holding tank waste, incinerator residue, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal or agricultural waste or other substance discharged into the waters of the commonwealth, the introduction of which renders these waters detrimental or immediately or potentially dangerous to the public health or unfit for public or commercial use.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292). This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Easton Area Joint Sewer Authority service area who are, by contract or agreement with the Authority, users of the POTW.

RECEIVING STREAM

The Delaware River.

REGIONAL ADMINISTRATOR

The Regional Administrator for Region III of the United States Environmental Protection Agency or his/her authorized representative.

SANITARY SEWER

Any pipe or conduit constituting a part of the sewer system or usable for sewage collection purposes.

SHALL; MAY

"Shall" is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER

All categorical users; and

Any noncategorical user that:

Discharges 25,000 gallons per day or more of process wastewater (process wastewater excludes sanitary noncontact cooling and boiler blowdown wastewaters);

Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Has a reasonable potential in the opinion of the control or approval authority, to adversely affect the POTW by inhibition, passthrough of pollutants, sludge contamination, or endangerment of POTW workers.

STATE

The Commonwealth of Pennsylvania.

A classification pursuant to the Standard Industrial Classification Manual, 1987, issued by the Executive Office of the President, Office of Management and Budget.

STORMWATER

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

SUSPENDED SOLIDS

The total nonfilterable residue as defined in the "Manual of Methods for Chemical Analysis of Water and Wastes" and analyzed in accordance with an approved test procedure.

TOTAL SOLIDS

Solids that either float on the surface of or are in suspension or dissolved in water, sewage or other liquids, and which are determined by appropriate procedures found in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association.

TOXIC POLLUTANT

Those pollutants or combinations of pollutants including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly or indirectly by ingestion through food chains, may, on the basis of available information, cause death, disease, behavioral abnormalities, cancer, genetic mutants, physiological malfunctions, including malfunctions in reproduction or physical deformation, in such organisms or their offspring. Toxic pollutants shall include, but not be limited to, those pollutants designated under Section 307 of the Federal Act or Section 4 of the State Act.

TOXIC SUBSTANCE

Any noxious and/or deleterious substance in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in any sewer system or in the receiving stream of the sewage treatment plant.

TREATMENT WORKS

Any device or system, whether public or private, used in the collection, transportation, storage, treatment, recycling or reclamation of municipal or industrial waste of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, cooling towers and ponds, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; any other works including sites for the treatment process or for ultimate disposal of residues resulting from such treatment.

TREATMENT WORKS PLANT

That portion of the treatment works designed to provide treatment to wastewater.

USER

Any person who contributes, causes or permits the contribution of wastewater into the POTW.

WASTEWATER

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

Terms not otherwise defined herein shall be as so adopted in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation; the "Federal Guidelines for State and Local Pretreatment Programs," EPA-430/9-76-017a, Volume 1, 1977, or the latest revision thereof; and the Clean Water Act, 33 U.S.C. 1251 et seq.

Abbreviations. The following abbreviations shall have the following meanings:

	BOD	Biochemical Oxygen Demand
	CFR	Code of Federal Regulations
	COD	Chemical Oxygen Demand
	CWA	Clean Water Act
	EPA	United States Environmental Protection Agency
	l	Liter
	mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	PaDEP	Pennsylvania Department of Environmental Protection
	POTW	Publicly Owned Treatment Works
	SIC	Standard Industrial Classification
	SIU	Significant Industrial User
	TSS	Total Suspended Solids
	U.S.C.	United States Code

§ 475-53 Use of treatment works; categorical pretreatment standards; discharges; notices.

All domestic waste may be discharged into the treatment works except that which is deemed harmful to the system or is specifically prohibited by this article or is otherwise prohibited under the laws and regulations of the Commonwealth of Pennsylvania and the United States Environmental Protection Agency.

All connections to the treatment works which would result in the discharge of infiltration or inflow into such system are hereby specifically prohibited.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, uncontaminated cooling water, nonresidential swimming pool drainage or unpolluted industrial process waters to the POTW, unless specifically authorized by the Industrial Pretreatment Program (IPP) Coordinator. Where existing surface water or roof drains are connected to the treatment works, they shall be removed within 90 days of receipt of a notice from the City to remove such connections. In the event such connection is not removed, the City shall cause such connection to be removed at the owner's expense.

[Amended 10-14-2020 by Ord. No. 5719; 9-22-2021 by Ord. No. 5759]

No person shall discharge or cause to be discharged into the POTW the effluent from any sump pump or any other type of pump which pumps any stormwater, surface water, groundwater, roof runoff, subsurface drainage, basement drainage, uncontaminated cooling water or unpolluted industrial process waters into any sanitary sewer. Where such conditions exist, they shall be remedied in a manner approved by the City as expeditiously as possible but in no event more than 90 days after receipt of a notice from the City. In the event such conditions are not remedied, the City shall cause such conditions to be remedied at the owner's expense.

[Amended 9-22-2021 by Ord. No. 5759]

The City shall have the power to require the installation of grease separators in building sewers serving hotels, restaurants, and other facilities in accordance with their fats, oils, and grease control program.

[Amended 9-22-2021 by Ord. No. 5759]

No person may discharge or allow to be discharged, into the treatment works of the Authority, any wastewater which constitutes a violation of the Authority's rules and regulations, or City Codes or which contributes to a violation of any parameter in the Authority's NPDES permit or which contains any of the following:

[Amended 10-14-2020 by Ord. No. 5719; 9-22-2021 by Ord. No. 5759]

Oil and grease.

Oil and grease in concentrations or amounts violating pretreatment standards, as shown in Table 1, including petroleum-based hydrocarbons.

Floatable fats, wax, grease or oil.

Explosive and/or flammable mixtures. Quantities of liquids, solids or gases (such materials include, but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides) which by reason of their nature or quantity, either alone or by interaction with other substances, may cause fire or explosion or be injurious in any other way to the treatment works or to the operation of the works.

Noxious materials. Pollutants which, either singly or by interaction with other wastes, are malodorous, are capable of creating a public nuisance or hazard to life or health, or are present in sufficient concentrations to prevent entry into the treatment works for its maintenance and repair.

Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be floating or carried freely in suspension under flow conditions normally prevailing in the treatment works, with no particle greater than 1/2 inch in any dimension, except that this prohibition does not apply to garbage disposal units in private dwellings whose only discharge is domestic wastewater.

Radioactive wastes.

Solid or viscous wastes. Solids or viscous wastes which may cause obstruction to the flow in a sewer or otherwise interfere with proper operation of the treatment works (such materials include, but are not limited to: grease, improperly shredded garbage, animal guts or tissues, diseased human organs or tissue fluids, 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, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances); or containing total solids of such character and quantity that unusual attention or expense is required to handle such materials in the wastewater system.

(7)

Excessive discharge. Wastewater discharge at a flow rate during a period longer than 15 minutes that exceeds more than five times the average daily flow rate of the user during normal operations or wastewater discharge at a flow rate and/or pollutant concentration that will cause, surcharging or back-ups in the sewer system, interference, pass-through, or which will cause the POTW's sludge to be unsuitable for disposal, or which otherwise violates City codes, Authority rules and regulations or any applicable federal or state standards.

(8)

Toxic pollutants. Any toxic pollutant exceeding standards promulgated by the Administrator of the EPA pursuant to Section 307(a) of the Clean Water Act of 1977 (as amended).

(9)

Discolored materials. Wastewater containing true color from any source and of any hue greater than that of a 500 color unit platinum-cobalt stock standard, as determined by a USEPA approved analytical method, and any wastewater with sufficient color which is not removed in the POTW treatment process and causes the plant effluent to have a true color in excess of 100 color units on the platinum-cobalt scale, or its equivalent.

(10)

Substances interfering with sludge management. Any substance which may cause the POTW's sludge to be unsuitable for reclamation, reuse or disposal. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations including but not limited to those developed under Section 405 of the Act, any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Clean Water Act, the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act.

(11)

Corrosive wastes. Any waste which may cause corrosion or deterioration of the treatment works; all wastes discharged to the treatment works shall not have a pH value lower than 6.0 or greater than 11.0 standard units; prohibited materials include, but are not limited to: concentrated acids, alkalies, sulfides, chloride and fluoride compounds, and substances which will react with water to form acidic or alkaline products which have a pH value outside the range of 6.0 to 11.0.

(12)

Heat. Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference or causing damage, but in no case heat in such quantities that the temperature exceeds 40°C. (104°F.) in the sewer system, unless prior written approval is obtained from the IPP Coordinator.

(13)

Having a chlorine demand in excess of 12 mg/l.

(14)

Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, specifically including but not limited to nonbiodegradable complex carbon compounds.

(15)

Any substance which will cause pass-through, interference or cause the POTW to violate its NPDES or the receiving water quality standards.

(16)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(17)

Any biological hazards, including but not limited to unsterilized pathological material from hospitals or private laboratories.

Specific limitations on wastewater discharges. Table 1 presents the specific pollutants limits for wastewater discharged to the sewer system and treatment works by any person. All persons shall be prohibited from diluting to comply with these local limits or categorical pretreatment standards.

[Amended 9-22-2021 by Ord. No. 5759]

Federal categorical pretreatment standards. Upon promulgation of a federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede these limitations and affected industrial users shall comply with such standards within the stated deadlines. The IPP Coordinator shall make reasonable attempts to notify affected industrial users of the applicable reporting requirements under 40 CFR 403.12, but a failure to notify does not relieve such industries of the obligation to comply with such reporting requirements.

[Amended 9-22-2021 by Ord. No. 5759]

Modification of federal categorical pretreatment standards. If the Authority's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Authority may apply to the USEPA for modifications of specific limits in the federal pretreatment standards. If the requirements contained in the federal regulations are fulfilled and prior approval from the USEPA is obtained, the Authority may modify pollutant discharge limits in the federal pretreatment standards.

[Amended 10-14-2020 by Ord. No. 5719; 9-22-2021 by Ord. No. 5759]

Table 1 Maximum Permissible Concentration (mg/l)
Pollutant	Limit
Arsenic, total	0.20
Cadmium, total	0.12
Chromium, total	9.52
Copper, total	2.72
Cyanide, total	3.72
Lead, total	1.28
Mercury	0.07
Molybdenum	0.11
Nickel, total	0.92
Oil and grease, total	300
Selenium	0.07
Silver	1.41
Zinc	1.53
Petroleum oil and grease, total pH 6.0 to 11.0	100

Weekly average shall mean the arithmetic mean of all twenty-four-hour daily results, whether composite or grab, collected in a one-week period from Sunday through Saturday.

At no time shall the pollutant concentration of a twenty-four-hour composite or grab sample exceed 1.5 times the weekly average limit listed for the pollutant. Should these limits be exceeded, it shall constitute a daily violation under this section.

Any increased discharge of a pollutant listed above by an existing user or any new discharge of such pollutant at greater than the levels found in domestic sewage shall be conditioned upon prior notice to and review by the Authority and, if approved, the issuance of a modified permit.

State requirements. State requirements and limitations on discharges shall apply where they are more stringent than this article or the federal requirements.

Authority's right of revision. The Authority reserves the right to establish more stringent limitations or requirements on discharges to the treatment works than are contained in this article.

Dilution discharge. No industrial user, categorical or noncategorical, shall increase the use of water or in any way dilute a discharge for the purpose of compliance with local limits or categorical standards.

Spill prevention. Each industrial user shall provide protection from spills of prohibited materials or other substances regulated by this article. Facilities to prevent spills of prohibited materials shall be provided and maintained at the owner or industrial user's own cost and expense. Upon request, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review and comment prior to construction of the facility. All existing industrial users, where required, shall complete such a plan by June 1, 1989. No industrial user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until spill prevention procedures have been reviewed by the Authority. Review of such plans and operating procedures shall not relieve the industrial user from the responsibility of modifying its facility as necessary to meet the requirements of this article.

Telephone notice. In the event of a prohibited discharge or slug loading, the industrial user, categorical or noncategorical, responsible for the discharge shall immediately telephone and notify the Authority of the incident. The notification shall include the location of the discharge, type of waste, concentration and volume. Furthermore, such industrial user shall take immediate action to contain and terminate the prohibited discharge or slug-loading discharge to the POTW in order to prevent interference with the treatment process and/or damage to the treatment works.

Written notice. Within five working days following a spill or slug loading, the industrial user, categorical and noncategorical, shall submit to the Authority a detailed written report describing the date, time and cause of the discharge, the quantity and characteristics of the discharge and corrective action taken at the time of 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 POTW, 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 other applicable law.

Notice to employees. All industrial users shall develop an emergency notification procedure. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of the responsible individual to notify in the event of a dangerous discharge. Employers shall ensure that all employees who may cause such a dangerous discharge to occur are advised of the emergency notification procedure.

§ 475-54 Control of prohibited wastes.

Regulatory actions. If wastewaters violating the restrictions imposed under § 475-53 are discharged into the treatment works of the Authority, the Authority shall take all actions necessary to:

Prohibit the discharge of such wastewater;

Require an industrial user to demonstrate that in-plant modifications will reduce or eliminate the discharge so as to be in conformance with this article;

Require pretreatment, including storage facilities or flow equalization, necessary to ensure compliance with this article;

Require the discharger to pay the costs incurred by the Authority for any damages, including engineering, legal, and administrative costs; and

§ 475-55 Industrial wastes; discharge permits; reporting requirements.

Take such other remedial action, including discontinuation of service and court action for injunctive relief, as may be desirable or necessary.

Industrial waste discharge permit.

All significant users and any others designated by the Authority as users requiring a permit proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit from the Authority before connecting to or contributing to the POTW.

Upon receipt by the Authority of necessary information (in the form of a completed permit application) and the permit application fee, the application shall be reviewed and a permit prepared for approval by resolution of the Easton Area joint Sewer Authority Board. A courtesy copy of the duly issued permit shall be forwarded to the member municipality, depending upon location of the industrial user.

A permit application submitted by a corporation shall be signed by a corporate officer or other authorized executive officer. An application signed by an individual other than a corporate officer shall include a corporate resolution granting that individual authority to make the application on behalf of the corporation. An application submitted by an industrial user other than a corporation shall be signed by the proprietor or a general partner.

In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location (if different from the address).

SIC number according to the current Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended.

Wastewater constituents and characteristics, including but not limited to those mentioned in § 475-53, determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended.

Time and duration of contribution.

(e)

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

(f)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation, as applicable to secure adequate samples.

(g)

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

(h)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any municipality, state or federal pretreatment standards, and a statement regarding whether or not the applicable pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

(i)

If additional pretreatment and/or O&M will be required to meet federal pretreatment standards or local discharge limitations, the shortest schedule by which the user will provide such additional pretreatment shall be admitted to the Authority. For categorical users the completion date in this schedule shall not be later than the compliance date established for the applicable federal pretreatment 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 user to meet the applicable standards, federal or local (that is, hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.). This schedule shall be prepared by and carry the seal of a professional engineer.

[2]

No increment referred to in Subsection A(4)(i)[1] hereof shall exceed three months. The schedule referred to in Subsection A(4)(i)[1] hereof shall not exceed nine months unless specifically approved by the Authority.

[3]

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Authority or its designee, 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 user to return the construction to the schedule established. In no event shall more than three months elapse between such progress reports to the Authority or its designee.

(j)

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

(k)

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

(l)

Number of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(m)

Copies of material safety data sheets.

(n)

Any other information as may be deemed by the Authority necessary to evaluate the permit application.

The Authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue a wastewater discharge permit subject to terms and conditions provided herein.

Existing significant industrial users.

Within 30 calendar days after the effective date of this article, significant industrial users shall apply to the Authority for an industrial discharge permit. Beginning 180 calendar days after the effective date of this article, no significant industrial user shall discharge wastewater to the treatment works without an industrial discharge permit. Pursuant to such industrial discharge permits, each significant industrial user existing on the effective date of this article shall be required to comply with all requirements imposed under federal, state and local law and regulations, including, without limitation, the discharge limitations listed in Table 1 and in § 475-53F; provided, however, that such industrial users may be expressly exempted from compliance with certain individual discharge limitations contained in Table 1 and/or certain individual discharge limitations contained in § 475-53F hereof for a period not to exceed the duration of any industrial discharge permit issued to such industrial user under this article.

Each such industrial user desiring a temporary exemption shall, initially within 60 calendar days of the effective date of this article and thereafter no later than the deadline for submission of an application for reissuance of any permit issued hereunder, submit to the Authority an application containing a written report prepared by and carrying the seal of a professional engineer, which report shall set forth a schedule satisfying the terms of Subsection A(4)(i)[1] hereof, and the minimum monthly average and daily average concentrations of each pollutant listed in Table 1 and the minimum and maximum effluent pH in standard units which such discharger is capable of achieving while making reasonable progress toward any limitation set forth in Table 1 and/or § 475-53F which the report expressly concludes the industrial user is then incapable of achieving. The application shall be accompanied by a filing fee in an amount approved by resolution from time to time by the Authority; however the initial fee shall be $200 and shall be acted upon by the EAJSA.

The Authority shall review and evaluate all applications for a temporary exemption and consider the following factors as well as such others as may be deemed relevant:

If the applicant is subject to national pretreatment standards prescribing discharge limitations more stringent than those in Table 1, any exemption altering such limitation may be granted only if and to the extent provided under applicable federal and state statutes and regulations;

If the applicant discharges or seeks to discharge a pollutant classified as a toxic pollutant listed by the US EPA under the provisions of Section 307(a) of the Act [33 U.S.C. 1317(a)], an exemption may be granted only if and to the extent provided under applicable federal and state statutes and regulations;

The result that the requested exemption might have on the effectiveness of the water pollution control facility. An exemption will not be granted that would result in a reduction of the overall treatment effectiveness and/or design capacity of the pollution control facility;

The potential for the pollution control facility to violate the limitations of its NPDES permit if the requested exemption were granted;

(e)

The impact of the exemption on the quality of the POTW's sludge. The exemption will be denied if the sludge use or disposal would be impaired; provided, however, that the Authority may, at its sole discretion, grant an exemption in such case where the applicant enters into a binding agreement with the Authority requiring the applicant bear any and all additional costs of sludge disposal that may result from granting the temporary exemption and further posts security adequate in the Authority's judgment to assure such payment;

(f)

The cost of pretreatment or other types of control techniques which would be necessary for the discharger to achieve effluent reduction, but economic considerations alone shall not be the basis for granting an exemption;

(g)

The age of equipment and industrial facilities involved to the extent that such factors affect the quality or quantity of wastewater discharge;

(h)

The process employed by the discharger and process changes available which would affect the quality or quantity of wastewater discharge;

(i)

The engineering and environmental aspects of various types of pretreatment or other control techniques available to the discharger to improve the wastewater discharge; and

(j)

The factor that water conservation measures instituted by the discharger or to be instituted by the discharger result in a higher concentration of particular pollutants in the wastewater discharge of the discharger without increasing the mass of the particular pollutants discharged. To be eligible for an exemption under this subsection, the applicant shall, at a minimum, demonstrate that, except for identifiable and affirmative water conservation measures which reduce water usage below that level achieved by application of the best management practices, the applicant's discharge would be in compliance with the limitations on wastewater concentration set forth in Table 1; provided, however, no such exemption shall be granted if the increased concentration of pollutants in the applicant's wastewater would have an adverse impact upon the operation or effluent quality of the water pollution control facility or that facility's sludge disposal practices or options.

Before any exemption is granted, the Authority shall have resolved the factors set forth in Subsection B(3)(a), (b), (c), (d), (e) and (j) hereof in favor of the grant of such exemption. The factors in Subsection B(3)(f), (g), (h) and (i) hereof shall be provided in the written application prepared by a certified professional engineer. Notwithstanding any other provision of this section, the Authority shall deny any requested exemption the granting of which would be contrary to any federal or state statute or regulation or which might result in interference or passthrough as defined in applicable EPA regulations.

The Authority shall not grant an exemption unless the applicant shall demonstrate that such applicant is utilizing good management practices as are necessary and reasonable under the circumstances to prevent or reduce the applicant's contribution of pollutants to the facility. Good management practices include, but are not limited to, preventive operating and maintenance procedures, schedule of activities, process changes, prohibiting of activities, and other management practices to reduce the quality or quantity of effluent discharged and to control plant site runoff, spillage, leaks and drainage from raw material storage. This information shall be contained in the application and shall be prepared by a registered professional engineer.

When granting an exemption, the Authority shall state the expiration date of the exemption and may attach such conditions as deemed necessary to implement the purposes of the Authority's rules and regulations. If granting an exemption would result in increased treatment or sludge disposal costs, the Authority may condition the exemption upon the agreement of the applicant to pay those costs and to provide security for such payments. Any exemption granted pursuant to this section shall be temporary, conditional, revokable and, in addition, shall not confer any vested right in the permittee to the continuation of the exemption for any period of time beyond:

The duration of time set forth in the exemption as granted by the Authority;

Such earlier period that may be necessary to effect an equitable allocation among similar industrial wastewater contributions;

The withdrawal of any previously approved exemption upon the determination by the Authority that the combined effect of all exemptions granted (or of such exemptions in combination with any other factors) does or may reasonably be anticipated to result in the POTW's failure to comply with any applicable state or federal standards or limitations; or

Such earlier period as shall result from the imposition or reasonably anticipated imposition of any more stringent limitations or requirements on the POTW by any state or federal agency or court.

(7)

In the event an exemption is subject to early termination pursuant to Subsection B(6)(b), (c) or (d) hereof prior to the termination date set forth in the exemption, the Authority shall give written notice to the permittee stating the reason for the termination. The permit or any exemption contained therein may be terminated, revoked or suspended at any time if the Authority determines that the discharge may result in the upset or interference with the POTW or violation of the NPDES permit, or violate any other applicable law, rule or ordinance. Consistent with the foregoing and where deemed feasible and lawful by the Authority, dischargers will be afforded a reasonable opportunity not less than 120 days from the date of action to comply with exemptions revised or extinguished pursuant to this subsection.

(8)

Any denial by the Authority of an application for temporary exemption or failure to act upon an application within the required time shall be appealable to the Hearing Board in the same manner as is provided for in § 475-59F. In rendering a decision, the Hearing Board shall apply the standards for granting temporary exemptions as described in this section. Pending such appeal and determination by the Hearing Board, a discharger shall comply with all interim orders of the Authority.

(9)

The industrial discharge permit for each industrial user shall contain the discharge limitation listed for each of the pollutants in Table 1 and § 475-53F or a less stringent interim discharge limitation based upon the accepted report and the Authority's best professional judgment of the reduction in pollutant loading necessary to achieve all other federal, state and local treatment and pretreatment standards and requirements. In no event, however, shall the imposition of any such interim discharge limitation constitute a waiver of any other federal, state or local treatment or pretreatment standard or requirement, including without limitation any prohibition against interference or passthrough of pollutants, nor shall it limit in any way the right or power of the Authority to enforce such other pretreatment standard.

(10)

The terms of such permit may be modified by the Authority after issuance in accordance with these provisions or where permitted by law, provided such discharger shall be given a reasonable time for compliance with such modified terms. Violations of the terms of such permits are violations of this article.

New significant industrial users. New significant industrial users may not connect to treatment works of the Authority unless an industrial discharge permit has been obtained from the Authority. Such users shall apply for the industrial discharge permit at least 120 calendar days before connecting to such treatment works. As part of such application, the Authority may require the applicant to obtain written certification from the appropriate federal and state regulatory agencies as to whether the applicant is included within particular industrial categories or subcategories for purposes of industrial pretreatment standards.

Categorical industrial users. Within 90 calendar days after the adoption by a federal or state regulatory agency of a categorical pretreatment standard, existing industrial users subject to such standards shall submit an application for an industrial discharge permit as required under Subsection B hereof. Industrial users subject to categorical pretreatment standards shall also submit a baseline monitoring report, containing information required under federal and state industrial pretreatment regulations in the form required by the Authority. The permit application and baseline monitoring report shall be reviewed by the Authority, and the most expeditious schedule permitted by law shall be established as a condition of the industrial discharge permit if the applicable categorical standards are not being met.

Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. The user with an existing wastewater discharge permit shall submit to the Authority within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required. Any increased discharge of a pollutant as listed in Table 1 by a user, categorical or noncategorical, or any new discharge of such pollutant at greater than the levels of domestic sewage is subject to review by the Authority and, if approved, a modified permit may be issued.

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Authority. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

Limits on the average and maximum wastewater constituents and characteristics, including those listed in § 475-53;

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

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

Compliance schedules;

(7)

Requirement for submission of technical reports or discharge reports;

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Authority and affording the Authority or its designee access thereto;

(9)

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

(10)

Requirements for notification of slug discharges;

(11)

Provisions for upset conditions under the terms set forth in 40 CFR 403.16 (1988);

(12)

Provisions for bypass under the terms set forth in 40 CFR 403.17 (1988); and

(13)

Other conditions as deemed appropriate by the Authority to ensure compliance with this article.

Permit duration. Permits shall be issued for a specified time period. The initial permit issued under this article shall not exceed two years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit as limitations or requirements are modified or if, in the Authority's sole discretion, other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall, where permitted by law, include a reasonable time schedule for compliance.

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Reporting requirements for permittee.

Compliance date report. New sources and existing sources that become industrial users subsequent to the promulgation of an applicable categorical standard are required to submit a baseline monitoring report a minimum of 90 days prior to commencement of the facility's discharge to the POTW. For new sources, the industrial user may provide estimates for the information on production, flow and the presence and quantity of regulated pollutants in its waste stream. New sources will be required to include information on the pretreatment equipment the new source proposes to install to meet inapplicable discharge limits.

Periodic compliance reports.

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Authority during the months of June and December, unless required more frequently in the pretreatment standard, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in this section. At the discretion of the Authority, the months during which the above reports are to be submitted may be altered.

The Authority may impose mass limitation on users where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection I(2)(a) hereof shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Authority, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.

Pretreatment and preliminary treatment of industrial wastes.

Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.

The Authority shall comply with the public participation requirements of 40 CFR Part 25 in the enforcement of national pretreatment standards. These procedures shall include provision for at least annually providing public notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial users which, during the previous 12 months, were significantly violating applicable pretreatment standards or other pretreatment requirements. For the purposes of this provision, a significant violation is a violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve-month period; which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under Federal Rules and Regulations Section 403.8(f)(1)(iv)(B), which states: "A POTW Pretreatment Program shall require the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with Pretreatment Standards and Requirements."

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or the Authority upon request.

Submission of plans. Where pretreatment or equalization of wastewater flows is required, plans, specifications, operating procedures, and other pertinent data and information shall be submitted by the discharger to the Authority for review and comment. The review of such plans and operating procedures does not relieve the discharger from the responsibility of modifying the facility as necessary to produce wastewater characteristics acceptable to the Authority. Any subsequent modifications to such pretreatment or flow-control facilities (including changes in any method of operation) affecting the discharge shall not be made without approval of the Authority.

Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency as provided by law. When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for users related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the pretreatment program; provided, however, that such portions of a report shall be available for use by 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.

Information accepted by the Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Authority and the municipality until and unless a ten-day notification is given to the user. If no response is received by the Authority within the ten-day notification period, the information will be released to the requesting party.

Nonconfidential industrial user information on file with the Authority may be obtained by interested parties (including members of the public and governmental agencies) by contacting the Authority to arrange a time (normally between the hours of 9:00 a.m. and 3:00 p.m.) and place for review and copying of available documents. The cost of copying shall be the responsibility of such interested parties.

§ 475-56 Industrial wastes; monitoring facilities; sampling; control manhole.

When information classified by the Authority as confidential is requested by the EPA or the PaDEP for purposes related to this article, the National Pollutant Discharge Elimination System (NPDES), or the federal pretreatment programs, the Authority shall refer such requests to the industrial user that furnished the information in question. Confidential information shall be kept in a separate, locked file accessible only to the Authority.

Monitoring facilities.

The Authority shall require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Authority may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

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 user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Authority's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Authority.

Inspection and sampling.

The Authority shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Authority or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of its duties. The Authority, approval authority and (where the NPDES state is the approval authority) EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into his premises, the user shall make necessary arrangements with his security guards so that, upon presentation of suitable identification, personnel from the Authority, approval authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

Industrial wastes being discharged into the sewer system shall be subject to sampling to be used as a basis for determining additional charges due to excessive concentrations of BOD, total suspended solids, ammonia and/or substances prohibited in § 457-53. Sampling of industrial wastewater for the purpose of compliance determinations will be done at such intervals as the Authority and/or the EPA Regional Administrator may designate. The analysis of the sample so obtained shall be the basis for computing additional charges in accordance with § 457-59. The cost of sampling and testing such sample shall be borne by the user.

The industry may request that samples be taken in addition to the samples taken by the Authority. The cost of making this collection and analysis shall be borne by the user.

Samples and the analysis of samples obtained shall be made in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association.

Control manhole.

When required by the Authority, the owner of any property discharging industrial waste into the sewer system shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the waste. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Authority. The manhole shall be installed by the property owner, at his expense, and shall be maintained by him so far as to be safe and accessible at all times.

The Authority and/or its duly authorized representatives shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

Under the terms and conditions of the industrial waste permit, the Authority may establish a schedule under which the industry may self-monitor its wastewater discharge and report the results of such self-monitoring programs at regular intervals specified by the Authority. The cost of self-monitoring and reporting shall be paid by the industry.

Measurement of volume of industrial wastes.

Whenever a person purchasing his entire water supply from a water purveyor discharges combined domestic waste and industrial waste into the sewer system, the volume of water purchased chargeable as industrial waste shall be the total volume of water purchased less the volume determined to be domestic waste. The domestic waste shall be determined by the Authority in either of the following two ways:

Actual measured flow; or

By multiplying the average number of employees in the establishment during the preceding billing period by 10 gallons per day.

Whenever a person purchasing his entire water supply from a water purveyor and discharging industrial waste into the sewer system also discharges unpolluted cooling water to either a separate storm sewer or other outlet, an allowance for the amount of water so discharged shall be made in computing the sewer charges. The person so discharging cooling water shall, at his own expense, install a meter or meters, as required, to indicate accurately and to the satisfaction of the Authority the amount of water claimed as a credit.

§ 475-57 Removal, transportation and disposal of domestic and industrial wastes.

The Authority shall be responsible for the reading of water and/or sewage meters when installed in industrial establishments within its jurisdiction. All meters shall be installed at a location approved by the Authority. All meters shall be accessible to the Authority at all times.

Any tank truck or any other equipment used or intended to be used within the Authority or on Authority property for the removal and/or transportation of domestic and/or industrial wastes shall conform to the following requirements:

The container shall be watertight.

Tanks, containers, or other equipment shall be so constructed that every portion of the interior and exterior can be easily cleaned and shall be kept in a clean and sanitary condition.

Piping, valves and permanent or flexible connections shall be accessible and easily disconnected for cleaning purposes.

The inlet opening, or openings, to every container shall be so constructed that the material will not spill out during filling, transfer or transport.

The outlet connections shall be so constructed that no material will leak out or run out to other than the point of discharge and shall be of a design and type suitable for the material handled and capable of controlling the flow or discharge without spillage, undue spray, or flooding of immediate surroundings while in use.

No connection shall be made at any time between a tap or outlet furnishing potable water on any premises and any container or equipment holding material by any means other than an open connection.

No discharge to the treatment works from tank trucks, rail cars, or dedicated commercial or industrial interceptors or otherwise than through an approved connection shall be made unless such discharge conforms to § 457-53 of this article; provided, however, that in no event shall any such discharge contain hazardous waste under RCRA.

Any sewage and industrial waste to be discharged from tank trucks shall be disposed at the location designated by the operators of the wastewater treatment plant at the time or times designated by the operators.

A permit application form shall be completed by the hauler, operator, owner, person or persons prior to the hauling of wastewater discharges to the plant.

When a written notice of a violation of any of the provisions of this section has been served upon any hauler, owner, operator, person or persons in this business, such violation shall be discontinued immediately.

§ 475-58 Fees.

Purpose. This section establishes fees for dischargers to the Authority's wastewater disposal system for certain activities not included in the Authority's user charges. The applicable charges or fees shall be set forth in the Authority's Schedule of Charges and Fees.

Charges and fees.

The Authority may adopt reasonable charges and fees which may include:

Fees for reviewing accidental discharge prevention procedures and construction;

Fees for permit applications, as specified in Chapter 285, Fees;

Fees for reimbursement of costs of setting up and operating the industrial waste monitoring program;

Fees for monitoring, inspections and surveillance procedures;

(e)

Fees for filing appeals; and

(f)

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

§ 475-59 Industrial waste charges; surcharge payments; administrative appeal procedure.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Authority.

Industrial waste surcharges. There shall be additional charges for industrial wastes having concentrations of BOD, suspended solids, and ammonia in excess of the average concentration of these pollutants in normal domestic waste. Normal domestic waste shall be considered as having the following concentrations:

BOD: 250 mg/l.

TSS: 250 mg/l.

Ammonia: 25 mg/l.

Surcharge formula.

In order to determine the additional charge for industrial wastes with strength greater than that of domestic waste, the following formula shall be used:

	S_Q = 0.00834 Q₁ [(BOD - 250) TC_BOD + (TSS - 250) TC_TSS + (NH₃ - 25) TC_NH3]
	Where:
			S_Q is the quarterly surcharge to be added to the normal sewer rent.
			0.00834 is a constant to convert waste concentrations expressed in mg/l to thousands of pounds of waste.
			Q₁ is the quarterly industrial waste flow expressed in million gallons.
			BOD, TSS and NH₃ are the respective concentrations of BOD₅, suspended solids and ammonia of the industrial waste expressed in mg/l.
			250 is a constant which expresses the waste load concentrations in mg/l of BOD₅ and TSS for normal domestic wastes; 25 is a constant which expresses the waste load concentration in mg/l of ammonia for normal domestic wastes.
			TC_BOD is the treatment cost incurred by the Authority as updated annually per 1,000 pounds of BOD.
			TC_TSS is the treatment cost incurred by the Authority as updated annually per 1,000 pounds of suspended solids.
			TC_NH is the treatment cost incurred by the Authority as updated annually per 1,000 pounds of ammonia.

When a value of BOD, suspended solids, and/or ammonia is less than the normal domestic concentration set forth in the Industrial Waste Surcharge Formula, then the normal domestic concentration shall be used in the calculation of the industrial waste surcharge.

Methods of payment of extra charges by industrial users. The industrial waste surcharge shall be payable quarterly. The Authority shall cause the water meter of each industrial user where the wastewater flow determination is based upon metered water consumption and the wastewater meter where the wastewater flow determination is based upon wastewater flow measurement to be read on a quarterly basis, and the Authority shall cause industrial waste surcharge bills to be mailed following each reading.

The Authority shall cause periodic sampling of the wastewater discharged by each industrial user in accordance with § 457-56.

Bills for industrial waste surcharge shall be mailed to the owner's address specified on the industrial waste permit. Failure to receive a bill as a result of incorrect address or otherwise shall not excuse nonpayment of charges or extend the time for payment.

New industrial user. A new industrial user for purposes of this section is one which connects to the treatment works after the effective date of this section. Industrial waste surcharge payment by a new industrial user shall begin on the date the treatment works use is initiated and continue indefinitely.

Discontinuance of use. If an industrial user discontinues use of the treatment works, its payment for industrial surcharges shall cease.

Administrative appeal procedure; Hearing Board.

Within 30 days of receipt of a surcharge bill, industrial users may appeal the reasonableness of the allocations and industrial waste surcharge assessments imposed upon them. Industrial users making such an appeal shall so notify the Authority in writing. A Hearing Board shall be appointed and an administrative hearing shall then be conducted within 60 days of the notice of appeal. The industrial user shall be given the opportunity to present evidence and testimony before the Board supporting its appeal.

§ 475-61 Enforcement; harmful contributions; notification of violation; show cause hearing; legal action; civil penalties.

The Board shall consist of three members of the Easton Area Joint Sewer Authority Board to be selected by majority vote of the Easton Area Joint Sewer Authority Board.

§ 475-60 Access.

The Easton Area Joint Sewer Authority shall have the right of immediate access to any part of any improved property served by the POTW as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by the Authority through the POTW.

Harmful contributions.

The municipality and/or the Authority may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Authority, 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, to the environment, or causes interference to the POTW, or causes the Authority to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the municipality and/or the Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Authority shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Authority within 15 days of the date of occurrence.

Revocation of permit. Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of this article:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

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

Violation of conditions of the permit.

Notification of violation. Within 30 days of the date of a notice from the Authority of a violation of any of this article, a wastewater permit, or any prohibition, limitation or requirements contained herein, a plan for the satisfactory correction thereof shall be submitted to the Authority by the user. This procedure is optional on the part of the Authority and is not a prerequisite to actions taken under Subsections E and F hereof or any other section of this article.

Show cause hearing.

The Authority may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Authority regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Authority 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.

The Authority itself may conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned department to:

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

Take the evidence; and

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

At any hearing held pursuant to this article, testimony taken shall 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.