[Adopted 10-11-1989 by Ord. No. 3046 (Art.
926 of the 1965 Codified Ordinances)]
A.
These rules and regulations set forth uniform requirements
for discharges into the wastewater collection system and the treatment
works. They are intended to comply with applicable state and federal
laws and regulations required by the Clean Water Act of 1977 (33 U.S.C.
1251 et seq.) and the General Pretreatment Regulations for Existing
and New Sources of Pollution (40 CFR Part 403).
[Amended 2-11-2009 by Ord. No. 5181]
B.
The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the municipal
wastewater system which will interfere with the operation of the treatment
works or contaminate the resulting sludge;
(2)
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;
(3)
Improve the opportunity to recycle and reclaim wastewaters
and sludges from the treatment works; and
(4)
Provide for equitable distribution of the cost of
the municipal wastewater system.
C.
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.
A.
ACT or THE ACT
APPROVAL AUTHORITY
APPROVED TEST PROCEDURE
AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
(4)
BOD (BIOCHEMICAL OXYGEN DEMAND)
BUILDING SEWER OR LATERAL
CATEGORICAL INDUSTRIAL USER
CATEGORICAL STANDARDS
CHLORINE DEMAND
CITY
COD (CHEMICAL OXYGEN DEMAND)
COLOR
COMMERCIAL OR INDUSTRIAL USER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
CONSISTENT REMOVAL
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
DISCHARGE
DISSOLVED SOLIDS
DOMESTIC WASTEWATER
DWELLING UNIT
EPA
EQUIVALENT DWELLING UNIT
EXCESSIVE DISCHARGE
EXISTING USER or EXISTING INDUSTRIAL USER
GARBAGE
GRAB SAMPLE
GROUND GARBAGE
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDUSTRIAL, COMMERCIAL OR WASTEWATER DISCHARGE PERMIT
INDUSTRIAL OR COMMERCIAL WASTE SURCHARGE
INDUSTRIAL PROCESS WASTEWATER
INDUSTRIAL USER
INFILTRATION
INFILTRATION/INFLOW
INFLOW
INTERFERENCE
MANHOLE
MAY; SHALL
MEMBER MUNICIPALITY
mg/l
MULTIPLE DWELLING
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
NORMAL STRENGTH WASTE
PERSON
pH
POLLUTANT
POLLUTION
PRETREATMENT or TREATMENT
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECEIVING STREAM
REGIONAL ADMINISTRATOR
SANITARY SEWER
SHALL; MAY
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
STATE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORMWATER
SUSPENDED SOLIDS
TOTAL SOLIDS
TOXIC POLLUTANT
TOXIC SUBSTANCE
TREATMENT WORKS
TREATMENT WORKS PLANT
USER
WASTEWATER
Unless the context specifically indicates otherwise,
as used in this article, the following terms shall have the following
meanings:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
The Director in a NPDES state with an approved state pretreatment
program or the administrator of the Environmental Protection Agency
in a non-NPDES state or NPDES state without an approved state pretreatment
program.
Analytical test procedures approved under 40 CFR Part 136
or otherwise expressly approved by the Authority.
The Easton Area Joint Sewer Authority or, in appropriate
cases, its authorized representatives.
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
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.
The extension of the building drain from the curbline or
property line to the public sewer or other place of disposal.
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).
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.
The quantity of chlorine absorbed in water, sewage or other
liquids, allowing a residual of 0.1 ppm after 15 minutes of contact.
The City of Easton.
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.
The color of the light transmitted by the waste solution
after removing the suspended material, including the pseudocolloidol
particles.
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.
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.
A sample consisting of several effluent portions collected
during a specified time period and combined to make a representative
sample.
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).
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.
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.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
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.
The anhydrous residues of the dissolved constituents in water
or 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.
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.
The United States Environmental Protection Agency.
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.
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.
Includes all persons discharging wastewater to treatment
works of the Authority at the time this article are adopted by the
Authority.
Solid wastes from the domestic and commercial preparation,
cooking, dispensing, handling, storage and/or sale of food.
A sample taken from a waste stream on a one-time basis without
regard to flow or time.
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.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
Any pollutant which is not a compatible pollutant.
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.
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.
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:
See "commercial or industrial user."
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.
The total quality of water from both infiltration and inflow
without distinguishing the source. Also known as "extraneous flow."
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.
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.
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" is permissive; "shall" is mandatory.
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.
Milligrams per liter and is equivalent to parts per million
(ppm) by weight.
Any improved property in which shall be located more than
one dwelling unit.
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.
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.
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).
Any construction at the site of an existing
facility that does not meet the above criteria will not result in
a new source.
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.
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.
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.
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).
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.
The Delaware River.
The Regional Administrator for Region III of the United States
Environmental Protection Agency or his/her authorized representative.
Any pipe or conduit constituting a part of the sewer system
or usable for sewage collection purposes.
"Shall" is mandatory; "may" is permissive.
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
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.
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.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
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.
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.
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.
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.
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.
That portion of the treatment works designed to provide treatment
to wastewater.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
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.
B.
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.
C.
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
|
A.
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.
B.
All connections to the treatment works which would
result in the discharge of infiltration or inflow into such system
are hereby specifically prohibited.
C.
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]
D.
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]
E.
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]
F.
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]
(2)
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.
(3)
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.
(4)
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.
(5)
Radioactive wastes.
(6)
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.
G.
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]
H.
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]
I.
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
|
(1)
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.
(2)
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.
(3)
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.
J.
State requirements. State requirements and limitations
on discharges shall apply where they are more stringent than this
article or the federal requirements.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
A.
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:
(1)
Prohibit the discharge of such wastewater;
(2)
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;
(3)
Require pretreatment, including storage facilities
or flow equalization, necessary to ensure compliance with this article;
(4)
Require the discharger to pay the costs incurred by
the Authority for any damages, including engineering, legal, and administrative
costs; and
(5)
Take such other remedial action, including discontinuation
of service and court action for injunctive relief, as may be desirable
or necessary.
A.
Industrial waste discharge permit.
(1)
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.
(2)
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.
(3)
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.
(4)
In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(a)
Name, address, and location (if different from
the address).
(b)
SIC number according to the current Standard
Industrial Classification Manual, Bureau of the Budget, 1987, as amended.
(c)
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.
(d)
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.
(5)
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.
B.
Existing significant industrial users.
(1)
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.
(2)
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.
(3)
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:
(a)
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;
(b)
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;
(c)
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;
(d)
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.
(4)
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.
(5)
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.
(6)
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:
(a)
The duration of time set forth in the exemption
as granted by the Authority;
(b)
Such earlier period that may be necessary to
effect an equitable allocation among similar industrial wastewater
contributions;
(c)
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
(d)
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer;
(2)
Limits on the average and maximum wastewater constituents and characteristics, including those listed in § 475-53;
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization;
(4)
Requirements for installation and maintenance of inspection
and sampling facilities;
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(6)
Compliance schedules;
(7)
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.
G.
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.
H.
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.
I.
Reporting requirements for permittee.
(1)
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.
(2)
Periodic compliance reports.
(a)
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.
(b)
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.
J.
Pretreatment and preliminary treatment of industrial
wastes.
(1)
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.
(2)
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."
(3)
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or the Authority
upon request.
K.
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.
L.
Confidential information.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
A.
Monitoring facilities.
(1)
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.
(2)
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
(3)
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.
B.
Inspection and sampling.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
Control manhole.
(1)
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.
(2)
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.
(3)
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.
D.
Measurement of volume of industrial wastes.
(1)
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:
(2)
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.
(3)
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.
A.
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:
(1)
The container shall be watertight.
(2)
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.
(3)
Piping, valves and permanent or flexible connections
shall be accessible and easily disconnected for cleaning purposes.
(4)
The inlet opening, or openings, to every container
shall be so constructed that the material will not spill out during
filling, transfer or transport.
(5)
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.
(6)
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
Charges and fees.
(1)
The Authority may adopt reasonable charges and fees
which may include:
(a)
Fees for reviewing accidental discharge prevention
procedures and construction;
(c)
Fees for reimbursement of costs of setting up
and operating the industrial waste monitoring program;
(d)
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.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
Authority.
A.
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:
B.
Surcharge formula.
(1)
In order to determine the additional charge for industrial
wastes with strength greater than that of domestic waste, the following
formula shall be used:
SQ = 0.00834 Q1 [(BOD - 250) TCBOD + (TSS -
250) TCTSS + (NH3 -
25) TCNH3]
| |||
Where:
| |||
SQ 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.
| |||
TCBOD is the treatment
cost incurred by the Authority as updated annually per 1,000 pounds
of BOD.
| |||
TCTSS is the treatment
cost incurred by the Authority as updated annually per 1,000 pounds
of suspended solids.
| |||
TCNH is the treatment
cost incurred by the Authority as updated annually per 1,000 pounds
of ammonia.
|
(2)
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.
C.
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.
(1)
The Authority shall cause periodic sampling of the
wastewater discharged by each industrial user in accordance with § 457-56.
(2)
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.
D.
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.
E.
Discontinuance of use. If an industrial user discontinues
use of the treatment works, its payment for industrial surcharges
shall cease.
F.
Administrative appeal procedure; Hearing Board.
(1)
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.
(2)
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.
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.
A.
Harmful contributions.
(1)
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.
(2)
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.
B.
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:
(1)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge;
(2)
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
C.
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.
D.
Show cause hearing.
(1)
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.
(2)
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:
(a)
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;
(b)
Take the evidence; and
(c)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Authority for action thereon.
(3)
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.
(4)
After the Authority has reviewed the evidence, it may issue an order to the user responsible for the discharge, directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances ( to assure they) are properly operated. Further orders and directives as are necessary and appropriate may be issued. 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.
E.
Legal action. If any person discharges sewage, industrial
wastes or other wastes into the POTW contrary to the provisions or
this article, federal or state pretreatment requirements, or any order
of the Authority, the Authority's solicitor may commence an action
for appropriate and/or equitable relief.
F.
Civil penalties. Any user who is found to have violated
an order of the Authority or who fails to comply with any provision
of this article and the orders, rules and regulations and permits
issued hereunder shall, upon summary conviction, be fined not more
than $1,000 to the use of the Easton Area Joint Sewer Authority for
each offense or such greater amount as may be authorized by ordinance
or statute. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense. In addition to the
penalties provided herein, the Authority may recover reasonable attorney's
fees, court costs, court reporter's fees and other expenses of litigation
by appropriate suit of law against the person found to have violated
this article or the orders, rules, regulations and permits issued
hereunder.
G.
Falsifying information. Any person who knowingly makes
any false statements, representation or certification of any application,
record, report, plan or other document filed or required to be maintained
pursuant to this article, or a wastewater discharge permit, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article, shall, upon conviction,
be punished by a fine of not less than $500 nor more than $1,000 or
by imprisonment for not more than six months, or by both.
In the event that material is placed into the
sewage collection system or treatment plant which violates any federal,
state, local or Authority rule or regulation, one or more host municipalities
shall take appropriate action as directed by the Authority or as initiated
by the host municipality to correct such violation. If the host municipality
fails to take such action within 10 days after notice from the Authority,
the Authority shall be empowered to do so in its name or in the name
of the host municipality, and the Authority shall then be entitled
to bill the host municipality for any costs or expenses incurred in
taking such action. Any fines, charges or penalties levied by any
federal, state or local agency or any other body having jurisdiction
over such matters for such violation shall be borne by the host municipality
if the sewerage originated within the geographical boundaries of that
municipality, and the host municipality further agrees to save, indemnify,
and hold harmless the Authority of and from such fines, charges or
penalties imposed by virtue of such violation.
The Authority shall have the right to adopt,
from time to time, such additional rules and regulations as it shall
deem necessary and proper in connection with the use and operation
of the treatment works in order to carry out the intent of this article,
which rules and regulations shall become effective as though set forth
herein.
[Amended 10-23-1996 by Ord. No. 3456]
A.
The amendments to the Easton Area Joint Sewer Authority
Rules and Regulations approved by Easton Area Joint Sewer Authority
on September 11, 1995, January 23, 1996, and March 18, 1996, shall
henceforth control and be applicable to all sewage originating within
the geographical boundaries of the City of Easton. Local discharge
limits for soluble sulfide, BOD, TSS and TKN shall be eliminated.
It is declared that the enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of inhabitants of the POTW service area.