[Adopted 7-21-1993 by Ord. No. 1993-4]
This article shall be known as the "East Caln
Township Sewerage System Waste Discharge Standards."
[Amended 7-19-2006 by Ord. No. 2006-01]
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated. Words in the present tense include
the future. The singular number includes the plural number. The plural
number includes the singular number. The word "shall" is mandatory,
while the word "may" is permissive.
The Federal Water Pollution Control Act, as amended, also
known as the Clean Water Act.
The administrator or the regional administrator of EPA.
An authorized representative of a user is:
[Amended 12-19-2007 by Ord. No. 2007-05]
A principal executive officer of at least the
level of vice president, if the user is a corporation;
A general partner or proprietor if the user
is a partnership or proprietorship, respectively;
A principal executive officer or a person having
responsibility for the overall operation of the user's facility if
the user is a governmental agency, unincorporated organization, or
other similar entity;
The authorization specifies either an individual
or a position having overall responsibility for the overall operation
of the facility from which the industrial discharge originates, such
as the position of plant manager, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and
The written authorization is submitted to DARA.
The wastewater discharge volume from the most recent calendar
quarter divided by the number of calendar days in that quarter.
[Amended 12-19-2007 by Ord. No. 2007-05]
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in § 403.5(a)(1) and (b).[1] BMPs also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw materials storage.
[Added 12-19-2007 by Ord. No. 2007-05]
The quantity of oxygen, expressed in milligrams per liter
(mg/L), utilized in the biochemical oxidation of organic matte under
standard laboratory procedure in five days at 20° centigrade.
The standard laboratory procedure shall be found in the latest edition
of "Standard Methods for the Examination of Water and Sewage" published
by the American Public Health Association.
The intentional diversion of waste streams from any portion
of an industrial user's facility for pretreatment.
Any industry subject to pretreatment standards as specified
in 40 CFR Chapter I, Subchapter N, establishing quantities or concentrations
of pollutants or pollutant properties which may be discharged or introduced
to a treatment plant by existing or new industrial users in specific
industrial subcategories.
National categorical pretreatment standards.
The quantity of oxygen, expressed in mg/L, required to chemically
oxidize the organic and inorganic matter in a water or wastewater
sample under the standard laboratory procedure. The standard laboratory
procedure shall be that in the latest edition of "Standard Methods
for the Examination of Water and Sewage" published by the American
Public Health Association.
BOD, total suspended solids, total Kjeldahl nitrogen, total
phosphorus and fecal coliform bacteria.
A violation of a wastewater discharge limit in which 66%
or more of all of the measurements taken during a six month period
exceeded (by any magnitude) the daily maximum limit or the average
limit for the same pollutant.
The Downingtown Area Regional Authority, a political subdivision
of the Commonwealth of Pennsylvania.
A permit issued by DARA authorizing the discharge of tank
or truck or hauled waste at the DRWPCC.
The Downingtown Regional Water Pollution Control Center.
The facilities in East Caln Township treating wastewater pursuant
to the intermunicipal agreement among DARA, the Borough of Downingtown
and the Townships of Caln, East Caln, Uwchlan and West Whiteland.
Township's or DARA's consulting engineer.
The United States Environmental Protection Agency including,
where appropriate, the administrator or other duly authorized official
of said agency.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the commercial handling, storage
and sale of produce.
An individual sample collected over a period of time not
exceeding 15 minutes.
Any person discharging industrial wastewater to the sewerage
system.
Any water which, during a manufacturing or processing operation,
including those regulated under § 307(b), (c) or (d) of
the Act, comes in direct contact with or results from the production
of use of any raw material, intermediate product, finished product,
by-product or waste product, or any other water contaminated by an
industrial process and distinct from sanitary sewage.
The inhibition or disruption of the DRWPCC processes or operations
which contributes to a violation of any requirement of DARA's NPDES
permit or a decrease in treatment efficiency. The term includes inhibition
or disruption of sewage sludge use or disposal from the DRWPCC in
accordance with § 405 of the Act (33 U.S.C. § 1317)
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act or more stringent State criteria (including those contained
in any State sludge management plan prepared pursuant to Title IV
of SWDA) applicable to the method of disposal or use employed by the
DRWPCC.
Numerical limitations on the concentration, mass or other
characteristics of wastes and pollutants discharged to the sewerage
system by industrial users and which are developed by DARA.
The ration of weight to volume expressing the concentration
of a specified component in a wastewater. Also known as parts per
million (PPM).
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
(33 U.S.C. § 1317) and which are defined in 40 CFR Chapter
I, Subchapter N, Parts 405-471.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of 40 CFR § 403.5.
Any building, structure, facility or installation for which
there is or may be discharged of pollutants, the construction of which
commenced after the publication of proposed categorical standards
under § 307(c) of the Act which will be applicable to such
source if such categorical standards are thereafter promulgated in
accordance with that section. Determination of the applicability of
new source standards shall be made as provided in the Act and 40 CFR
§ 403.3.
Any person vested with ownership, legal or equitable, sole
or partial, of any property or his agent.
Discharge through the DRWPCC which exists in quantities or
concentrations, alone or with discharges from other sources, which
causes a violation of any condition of DARA's NPDES permit.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the Commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
Any individual, firm, company, partnership, corporation,
association, group or society, including the State and agencies, districts,
commissions and political subdivision created by or pursuant to State
law and Federal agencies, departments or instrumentalities thereof.
The logarithm of the reciprocal of the hydrogen ion concentration
expressed as moles per liter.
Any dredged spoil, solid waste, incinerator residue, sewage,
sewage sludge, garbage, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into 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 the sewerage system.
The reduction or alteration may be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR § 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Categorical Standard, imposed on an industrial
user.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with §§ 307(b) and (c) of
the Act, which applies to industrial users. This term includes National
Categorical Pretreatment Standards, prohibited discharge limits and
local discharge limits.
Registered professional engineer skilled in the field of
wastewater treatment.
The normal waterborne waste from a household and toilet wastes
from residences, business buildings, institutions, commercial and
industrial establishments.
The DRWPCC and any pipe, conduit or other equipment, which
carries wastewater to the DRWPCC.
Any industrial user that:
Is subject to National Categorical Pretreatment
Standards.
Discharges 10,000 gallons or more per day of
industrial wastewater.
Contributes a waste stream which makes up 5%
or more of the dry weather compatible pollutant capacity of the DRWPCC.
Has a reasonable potential, as determined by
DARA, or EPA, to adversely affect the DRWPCC by interference, pass
through of pollutant sludge contaminations, to endanger collection
system and DRWPCC personnel or to violate any applicable pretreatment
standard.
An industrial user is in significant noncompliance if its
violations meet one or more of the following criteria:
[Added 12-19-2007 by Ord. No. 2007-05[2]]
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all the measurements taken
during a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits;
Technical review criteria (TRC) violations,
defined as those violations in which 33% or more of all of the measurements
for each parameter measured taken during a six-month period equal
or exceed the product of a numeric pretreatment standard or requirement,
including instantaneous limits times the applicable TRC multiplier
(TRC multiplier equals 1.4 for BOD, TSS fats, oil and grease and 1.2
for all other pollutants with numerical limits, except pH);
Any other violation of a pretreatment standard
or requirement (daily maximum or longer-term average) that DARA determines
has caused, alone or in combination with other discharges, an interference
or pass through at the DRWPCC (including endangering the health of
POTW personnel or the general public);
Any discharge of a pollutant that has caused
imminent endangerment to the health of DRWPCC personnel, the environment
or the general public; or has resulted in DARA exercising any emergency
authority to halt or prevent such a discharge;
Failure to meet, within 90 days after the scheduled
date, a compliance schedule date, or a compliance schedule milestone
contained in the user's industrial waste discharge permit or enforcement
action for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 45 days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports, and reports
on compliance with compliance schedules;
Failure to accurately report incidents or noncompliance;
or
Any other violation or group of violations,
which may include a violation of best management practices, that DARA
determines will adversely affect the overall implementation of its
industrial pretreatment program.
Any discharge of wastewater of a nonroutine or episodic nature,
including but not limited to an accidental spill or noncustomary batch
discharge at a flow rate or concentration that may cause a violation
of any pretreatment requirement or pretreatment standard set forth
in DARA's current pretreatment resolution.
[Amended 12-19-2007 by Ord. No. 2007-05]
A report prepared by an industrial user and provided to DARA
in accordance with this article which details the existing and proposed
facility plans and operating procedures to be followed by that user
in the event of a slug load.
[Added 12-19-2007 by Ord. No. 2007-05]
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
The latest edition of "Standard Methods for the Examination
of Water and Wastewater," a manual published by the American Public
Health Association specifying analytical procedures for testing and
analysis of wastewater.
Commonwealth of Pennsylvania.
An additional charge for the treatment extra-strength wastewater
in excess of the basic charge for treatment of wastewater.
Any violation of a discharge limit in which 33% or more of
all of the measurements for any pollutant parameter taken during a
six month period equal or exceed the product of the daily maximum
limit or the average limit multiplied by 1.4 for BOD and TSS and 1.2
for all other pollutants.
The sum of organic nitrogen and ammonia nitrogen present
in wastewater, as measured by standard laboratory procedure as described
in standard methods.
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater and is removable by
laboratory filtration as prescribed in standard methods.
The Township of East Caln, Chester County, PA.
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples collected at regular intervals
not exceeding one hour, during a 24 hour time span. The sample may
be composited either as a time composite sample (composed of discrete
sample aliquots collected in one container at constant time intervals
providing representative samples irrespective of discharge flow) or
as a flow proportional composite sample (collected either as a constant
sample volume at time intervals proportional to stream flow, or collected
by increasing the volume of each aliquot as the flow increases while
maintaining a constant time interval between aliquots).
Any person who contributes wastewater into the sewerage system.
The combined flow of sanitary sewage and industrial wastewater,
together with such quantities of infiltration and inflow as may be
present.
A.
General discharge restrictions. Except as otherwise
provided in this article, no user shall discharge or cause to be discharged
to the sewerage system, industrial wastewater or other matter or substance:
(1)
Having a temperature which will inhibit biological
activity at the DRWPCC resulting in interference, but in no case with
a temperature at the introduction into the sewerage system which exceeds
120° F or is less than 40° F and in no case heat in such quantities
that the temperature of the influent to the DRWPCC exceeds 104°
F.
(2)
Containing more than 100 mg/L of fat, oil, wax, or
grease, or more than 25 mg/L of petroleum oils, nonbiodegradable cutting
oils or other products of mineral origin containing substances which
will solidify or become viscous at atmospheric pressure at temperatures
between 32 and 100° F.
(3)
Containing any liquids, solids or gases at concentrations
which are, or may be sufficient, either alone or by interaction with
other substances, to cause fire or explosion or be injurious in any
other way to the sewerage system or to the operation of the DRWPCC.
Prohibited materials include, but are not limited to, gasoline, fuel
oil, kerosene, naphtha, paint products, sulfides and any substance
having a closed cup flashpoint of less than 140° F using the test
methods specified in 40 CFR § 261.21.
(4)
Containing solid or viscous substances at concentrations
which will cause obstruction to the flow in a sewer or other interference
such as, but not limited to: cinders, spent lime, stone dust, sand,
mud, straw, shavings, metals, glass, rags, grass clippings, feathers,
tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building
materials, rubber, asphalt residues, hairs, bones, leather, porcelain,
china, ceramic wastes, polishing wastes or glass grindings.
(5)
Having a pH, stabilized, lower than 6.0 or higher
than 9.0 or having any other corrosive or scale forming property capable
of causing damage or hazard to structures, equipment, bacterial action
or personnel of the sewerage system.
(6)
Containing pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure or cause
interference, cause pass through, constitute a hazard to humans, animals
or plants, create a toxic effect in the receiving waters of the DRWPCC,
or to exceed the limitation set forth in a National Categorical Pretreatment
Standard.
(7)
Containing any noxious or malodorous liquids, gases
or solids which, either singly or by interaction with other wastes
are sufficient to create a public nuisance or result in toxic gases,
vapors or fumes in the sewerage system in quantity that will cause
worker health and safety problems.
(8)
Containing objectionable color not removal in the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solution.
(9)
Containing radioactive substances of such half-life
or concentration as may exceed limits which are prohibited by applicable
State or Federal regulations.
(10)
Prohibited by any permit, statute, rule, regulation
and ordinance issued or promulgated by any public agency, including
the State and the EPA..
(11)
Containing any substance which will cause the
DRWPCC to violate its NPDES permit or the receiving water quality
standards.
(12)
Containing any substance which shall cause the
DRWPCC to be in noncompliance with sludge use or disposal criteria
or regulations developed under § 405 of the Act or be in
noncompliance with any criteria, guidelines or regulations affecting
sludge use or disposal promulgated pursuant to the Solid Waste Control
Act or State Clean Air Act, the Toxic Substances Control Act or State
criteria applicable to the sludge management method being used.
(13)
Containing nonbiodegradable complex carbon compounds.
(14)
Constituting a slug load.
(15)
Containing stormwater, surface water, groundwater,
roof runoff foundation drainwater or drainage from the fields.
(16)
Containing any garbage with particles greater
than 1/2 inch in size.
(17)
Containing pesticides, unless upon written request,
special permission is obtained from DARA.
B.
Trucked or hauled wastewater.
(1)
Tank truck or hauled wastewater discharges to the
sewerage system are prohibited.
C.
Strength of waste surcharge.
(1)
Any user discharging a wastewater to the sewerage
system with a BOD concentration exceeding 300 mg/L or a total suspended
solids concentration exceeding 320 mg/L or a TKN concentration exceeding
45 mg/L or a phosphorus concentration exceeding 100 mg/L ("extra strength
waste") shall pay a surcharge.
(2)
No user shall discharge into the sewerage system any
extra strength wastewater without written consent of Township and
DARA evidenced by an agreement providing for sampling and the payment
of a surcharge to Township in accordance with the following formulas:
 |
 |
 |
 |
|
Where:
| |||
|
A
|
=
|
Average BOD concentration of the wastewater
discharges over a calendar quarter, expressed in mg/L.
| |
|
B
|
=
|
Average BOD loading of the DRWPCC over a calendar
quarter, expressed in pounds/day, as determined by the Engineer.
| |
|
C
|
=
|
Average Total Suspended Solids concentration
of the wastewater discharged over a calendar quarter, expressed in
mg/L.
| |
|
D
|
=
|
Average Total Suspended Solids loading of the
DRWPCC over a calendar quarter, expressed in pounds/day, as determined
by the Engineer.
| |
|
E
|
=
|
Average TKN concentration of the wastewater
discharge over a calendar quarter, expressed in mg/L.
| |
|
F
|
=
|
Average TKN loading of the DRWPCC over a calendar
quarter, expressed in pounds/day, as determined by the Engineer.
| |
|
G
|
=
|
Average phosphorus concentration of the wastewater
discharge over a calendar quarter, expressed in mg/L.
| |
|
H
|
=
|
Average phosphorus loading of the DRWPCC over
a calendar quarter, expressed in pounds/day, as determined by the
Engineer.
| |
|
H
|
=
|
Average budgeted operating and maintenance cost
of DRWPCC.
| |
|
Q
|
=
|
Average daily flow, expressed in million gallons/day,
of the wastewater discharge which is subject to the payment of a surcharge.
| |
|
T
|
=
|
Total annual budgeted base service fee assessed
by DARA to the municipalities.
| |
(3)
The surcharge computations shall be based on the wastewater
sample analyses for the most recent complete calendar quarter. The
surcharge formulas are independent of each other and shall be assessed
singly or in combination, as applicable, for BOD, total suspended
solids, TKN or phosphorus values greater than 300 mg/L, 320 mg/L,
45 mg/L and 10 mg/L respectively. Any surcharge formula producing
a negative value shall be disregarded.
(4)
The value of Q used to determine surcharges shall
be based on the user's metered wastewater flow, available water consumption
records or as estimated by the engineer.
(5)
The surcharge billings shall be in addition to any
other quarterly sewer use charges paid by the user to the Township.
Payment of a surcharge shall not relieve the user of its obligation
to comply with mass loading limits for BOD, TSS, TKN and phosphorus
as established by this article.
(6)
Township shall bill the amount of the surcharge to
the user after receipt of the same from DARA. The user shall pay the
Township the full amount of the bill within 30 days from day of receipt.
All bills shall be subject to a 10% penalty if not paid within 30
days. If not paid within 60 days from day of receipt, the bill plus
penalty shall bear interest at the rate of 1% per month. Any bill,
plus penalty and interest, not paid within six months from the day
of receipt, shall subject the user to a lien against such property
in the office of the Prothonotary of Chester County and shall be collected
in the manner provided by law for the filing and collection of such
liens.
A.
General. No industrial wastewater shall be discharged
into the sewerage system without full compliance with the regulations
herein, unless the person discharging the same shall have obtained
an industrial waste discharge permit from Township and DARA pursuant
to this article and the rules and regulations for such permit established
by DARA.
B.
Qualitative limits.
(1)
Township and DARA shall establish local discharge
limits regulating the discharge of specific pollutants to the sewerage
system by industrial users. Local discharge limits may be established
for any substance which is discharges, or likely to be discharges,
to the sewerage system.
(2)
Local discharge limits may limit concentration, mass
or a combination of the two.
(3)
The procedure for the calculation of local discharge
limits shall be as recommended by the administrator or the regional
administrator of U.S. Environmental Protection Agency.
(4)
Local discharge limits shall be calculated to prevent
interference, pass through, the discharge of toxic materials in toxic
amounts, threats to worker health and safety; arid physical, chemical
or biological damage to the sewerage system.
(5)
Local discharge limits applicable to industrial users
shall be adopted by resolution by DARA. Local discharge limits applicable
to all significant industrial users shall be included in all industrial
waste discharge permits.
(6)
Discharging any pollutant in excess of a local discharge
limit established for that pollutant shall be a violation of this
article.
(7)
The following local discharge limits are established
as follows:
[Added 12-17-2008 by Ord. No. 2008-06]
|
DARA Local Limits
| ||
|---|---|---|
|
Pollutant
|
End-of-Pipe Discharge Limit
(mg/l)
| |
|
Cadmium
|
0.14
| |
|
Chromium
|
1.32
| |
|
Copper
|
2.55
| |
|
Lead
|
0.14
| |
|
Mercury
|
0.002
| |
|
Nickel
|
1.83
| |
|
Silver
|
0.05
| |
|
Zinc
|
2.18
| |
|
Phenolics
|
0.12
| |
C.
Mass loading limits.
(1)
No industrial wastewater discharged into the sewerage
system shall exceed the following mass loadings:
D.
Spills or slug loads.
(1)
All industrial users shall provide and maintain at
their expense facilities adequate to prevent an accidental discharge
or slug load of any substance stored or used at the industrial user's
facilities that, if discharged into the sewerage system, will violate
any of the provisions of this article. Detailed facility plans and
operating procedures to provide this protection ("Accidental and/or
Slug Load Discharge Prevention Facility Plan and Procedures") shall
be submitted to Township and DARA before construction of said facilities.
The plan shall contain, at a minimum, a description of discharge practices,
including nonroutine discharges; description of stored chemicals;
procedures both to notify the DRWPCC immediately of accidental discharges
and slug loads and procedures to prevent adverse impacts from such
discharges and procedures to prevent such discharges. All existing
industrial users shall provide accidental and slug load discharge
prevention facility plans and procedures, or demonstrate to the satisfaction
of Township and DARA they are not needed, within 180 days of the adoption
of this article. Industrial users proposing to connect to the sewerage
system after the effective date of this article shall submit accidental
and slug load discharge prevention facility plans and procedures to
Township and to DARA for approval, or to demonstrate to the satisfaction
of Township and DARA that they are not needed, before connection to
the sewerage system. Review of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the industrial user's facility as necessary to meet the requirements
of this article.
[Amended 12-19-2007 by Ord. No. 2007-05]
(2)
In the case of an accidental discharge or slug load
to the sewerage system of any pollutant, the industrial user shall
immediate notify by telephone Township and DARA of the incident. The
notification shall include information regarding the location of the
discharge, the kind of pollutant involved, the concentration and volume
of the discharge and corrective action planned or taken.
(3)
Within five days following an accidental discharge
or slug load, the industrial user shall submit to Township and to
DARA, a detailed written report describing the cause of the discharge
and the measures to be taken by the industrial user to prevent similar
future occurrences. Such notification shall not relieve the industrial
users of any liability on account thereof.
(4)
A notice shall be permanently posted by each industrial
user on a bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge or slug load.
Employers shall inform all employees who may cause or suffer such
an accidental discharge to occur, of the emergency notification procedure.
E.
National Categorical Pretreatment Standards. If the National Categorical Pretreatment Standards, located in 40 CFR Chapter 1, Subchapter N, Part 405-471, for any industrial user are more stringent than limitations imposed under this article for industrial users in that subcategory, then the pretreatment standards shall apply and are hereby incorporated in this article. The Township and/or DARA shall notify all affected industrial users of the applicable (reporting) requirements under 40 CFR § 403.12. If any industrial user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial waste discharge permit, the industrial user shall apply for a permit within 90 days of promulgation of the National Categorical Pretreatment Standard.
F.
Dilution prohibition. Except where expressly authorized
to do so by an applicable pretreatment standard or pretreatment requirement,
no industrial user shall increase the use of process water, or in
any other way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a pretreatment
standard or requirement. Township may impose mass limitations on industrial
users in cases where the imposition of mass limitation is appropriate.
G.
State requirements. State requirements and limitations
on industrial wastewater discharges shall apply in any case where
they are more stringent than Federal requirements and limitations
or those in this article.
H.
Township's right of revision. Township reserve the
right to establish more stringent limitations or requirements on discharges
to the sewerage system.
I.
Industrial waste discharge permits.
(1)
General.
(a)
No significant industrial user shall connect
to or discharge wastewater to the sewerage system without an industrial
waste discharge permit.
(b)
Industrial users which are not significant industrial
users do not require an industrial waste discharge permit and may
discharge industrial wastewater to the sewerage system, but are required
to comply with all other provisions of this article. If an industrial
user make changes to processed, flow, wastewater concentration, wastewater
characteristics or other changes which result in the industrial user
meeting the definition of significant industrial user, the industrial
user shall immediately upon becoming aware such a change has occurred,
or 90 days prior to such change if it is planned, notify Township
and DARA and obtain an industrial waste discharge permit within 90
days of submission of the permit application.
(c)
Where as industrial user, subject to a newly
promulgated National Categorical Pretreatment Standard, has not previously
submitted an application for an industrial waste discharge permit,
the user shall within 90 days after the promulgation of the applicable
National Categorical Pretreatment Standards:
(2)
Permit application.
(a)
Significant industrial users shall file with
Township a complete industrial waste discharge permit application
in the form prescribed by DARA.
(b)
The application for an industrial waste discharge
permit shall be fully completed and verified in writing by the industrial
user or a duly authorized and knowledgeable officer, agent or representative
thereof. The application shall contain in units and terms appropriate
for evaluation such scientific or testing data, or other information,
as may be required by Township or DARA and shall pay an application
fee and shall reimburse Township and DARA all expenses incurred as
a result of processing of the signed application. Township and DARA
shall have, at their discretion, the right to inspect the premises,
equipment and material and laboratory testing facilities of the applicant.
(c)
Notwithstanding the above, the applicant shall
provide the following minimum information to Township:
[1]
Name and address of the industry; name, title,
and telephone number of responsible official; name, title and telephone
number of person to contact for information about the industrial waste
discharge.
[2]
Description of the industry and manufacturing
process or operation that occur there and the types of products that
are produced.
[3]
Applicable standard industrial classification
codes for activities conducted at the facility.
[4]
Statement on whether the industry is subject
to compliance with National Categorical Pretreatment Standards and
which ones apply.
[5]
Indication and description of the source of
or the processes that produce industrial wastewaters.
[6]
Wastewater constituents and characteristics
as required by Township and DARA and as determined by a reliable analytical
laboratory; sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to § 304(g)
of the Act and contained on 40 CFR Part 136, as amended. If the discharge
is from a proposed new discharge, wastewater characteristics shall
be estimated.
[7]
Volume of industrial wastewater to be discharged
to the sewerage system and the methods of measuring same. Flow volume
information shall include the time and duration of the discharge and
the average daily and 30 minute peak wastewater flow rates including
monthly and seasonal variations, if any.
[8]
Description of any wastewater treatment facilities
or processes used to treat the industrial waste prior to their discharge
to the sewerage system.
[9]
Schematic flow diagram showing the sources of
industrial wastewater and the on-site treatment processes.
[10]
The quantity of sludges removed
from the system and their method and location of disposal.
[11]
Description of any wastes that
are removed from the system, their quantities and methods and locations
of disposal.
[12]
List of raw materials used or
stored on the premises, their material safety data sheets, their approximate
quantity of usage on a monthly basis and what they are used for.
[13]
Plans and specifications for a
sampling manhole.
[14]
Such additional information as
Township or DARA shall request.
[15]
A list of any additional environmental
control permits held by or for the facility, such as air quality permits,
RCRA permits, stormwater management permits, etc.
[Added 12-19-2007 by Ord. No. 2007-05]
(d)
The industrial waste discharge permit application
shall be reviewed by Township, and if acceptable, submitted to DARA
for review. No industrial waste discharge permit shall be issued to
an industrial user whose discharge of materials to sewers, whether
shown upon the application or determined after inspection and testing
conducted by Township or DARA, is not in conformance with Federal,
State, Township or DARA statutes, resolutions or ordinances. If an
application is denied the applicant shall receive in writing the reason
or reasons for the denial.
(e)
If the application for an industrial waste discharge
permit is denied, the applicant may request a review of the denial
by providing Township with written notice requesting the review, with
appropriate support information within 20 days after receipt of the
denial. Township shall forward the request and support to DARA. DARA
shall review the industrial waste discharge permit application, the
written denial and such other evidence and matters as the application
shall present at a public hearing. The public hearing shall take place
no later than 45 days following receipt of the significant industrial
user's request for the review. DARA's decision shall be provided to
the industrial user within 10 days of the public hearing and shall
be final.
(f)
If, based on the characteristics of the significant
industrial user's waste discharge, additional pretreatment and/or
operation and maintenance procedures are required to meet any Township,
DARA, State or Federal pretreatment standards, the significant industrial
user shall submit to Township and DARA, prior to issuance of the industrial
waste discharge permit, the shortest reasonable schedule by which
the significant industrial user will provide additional pretreatment.
Township and DARA shall include an acceptable compliance schedule
in the user's industrial waste discharge permit. The completion date
in this schedule shall be no later than the compliance date established
by EPA for the applicable National Categorical Pretreatment Standards.
The following conditions 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 significant industrial user to meet the applicable
pretreatment standards (e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contract for major components,
commencing construction, completing construction, etc.).
[2]
No increment shall exceed nine months.
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the significant industrial
user shall submit to Township and DARA a report 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 significant industrial user to return the construction
to the schedule established. In no event shall more than nine months
elapses between such progress reports to Township and DARA.
(3)
Permit modifications. As soon as possible following
the promulgation of a National Categorical Pretreatment Standard,
the industrial waste discharge permit of users subject to such standards
shall be revised, if necessary, to require compliance with such standard
within the time prescribed by such standard.
(4)
Permit conditions.
(a)
Industrial waste discharge permits shall be
expressly subject to all provisions of this article and all other
applicable regulations, resolutions, user charges and fees established
by Township and DARA.
[1]
General requirements.
[a]
Limits on the average and maximum
wastewater constituents and characteristics, as based on applicable
general pretreatment standards in 40 CFR Part 403, categorical standards,
local limits and State and local law.
[b]
Requirements for submission of
technical reports or discharge reports, including the information
to be contained and the signatory requirements of these reports.
[c]
Requirements for maintaining and
retaining plant records relating to wastewater discharge as specified
by Township and DARA and affording Township and DARA access thereto.
[d]
Requirements for notification of
Township and DARA in advance of any new introduction of wastewater
constituents or any substantial change in the volume of character
of the wastewater constituents being introduced into the sewerage
system.
[e]
Requirements for notification of
slug discharges.
[f]
List of prohibited discharges.
[g]
Statement of duration of the permit.
[h]
Notification of the rules regarding
transferability.
[i]
Notification of penalties for noncompliance.
[j]
Specifications for monitoring programs
which may include sampling locations, frequency of sampling, number,
types and standards for tests and reporting schedule.
[k]
Right of entry requirements for
authorized representatives of Township and DARA.
[l]
Indemnification of Township and
DARA.
[m]
Effluent limits, including best
management practices, based on applicable general pretreatment standards
in 40 CFR, Part 403, categorical standards, local limits, and state
and local law.
[Added 12-19-2007 by Ord. No. 2007-05]
[n]
Requirements for maintaining and
retaining plant records relating to wastewater discharge as specified
by DARA, including compliance records with regard to effluent limits
and any best management practices, and affording DARA and the municipality
to whose sewer system the industrial user is connected access thereto.
[Added 12-19-2007 by Ord. No. 2007-05]
[2]
Permits may also contain other requirements,
including but not limited to:
[a]
Limits on the average and maximum
rate and time of discharge or requirements for flow regulation and
equalization.
[b]
Requirements for installation and
maintenance of inspection and sampling facilities and pretreatment
facilities.
[c]
Compliance schedules.
[d]
Other conditions as deemed appropriate
by Township or DARA to ensure compliance with this article, DARA's
pretreatment resolution or other requirements.
(b)
Issuance of an industrial waste discharge permit
in no way relieves the significant industrial user from any liability
on account of its discharge into the sewerage system, whether discharge
is permitted thereby or not.
(5)
Permit duration. Industrial waste discharge permits
shall be issued for a one year period. If Township or DARA elects
not to cancel the permit on or before its anniversary, the permit
will automatically renew itself for another one year period upon payment
by the industrial user of the applicable permit renewal fee. The terms
and conditions of the permit shall be subject to modification by Township
or DARA during the term of the permit. The significant industrial
user shall be informed of any proposed changes in its permit at least
30 days prior to the effective date of change. Township and DARA shall
use their best efforts to inform the significant industrial user at
least 60 days prior to the effective date. In the event that such
change require major changes in pretreatment by the significant industrial
user, the significant industrial user, and the significant industrial
user's failure to comply with the amended discharge requirements does
not itself or with other failures to comply put Township or DARA in
substantial danger of violating any agreement, permit, regulation
or law, then the significant industrial user shall be allowed a reasonable
period of time to comply with the changes provided the significant
industrial user requests a time extension and submit to Township and
DARA an schedule acceptable to Township and DARA within the 60 day
period.
(6)
Permit transfer. Industrial waste discharge permits
are issued to a specific significant industrial user for a specific
operation. An industrial waste discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises
or a new or changes operation without approval of Township and DARA.
If said approval is granted, the succeeding owner or industrial user
shall also comply with the terms and conditions of the existing industrial
waste discharge permit.
(7)
Waste characteristic change. Any industrial user who
plans or becomes aware of a change in the method of operation or in
the pretreatment facilities which will increase the concentration
of pollutions which are regulated by this article or the volume of
wastewater discharges to the sewerage system, shall notify Township
and DARA of that change at least 90 days prior to such change. If
required by Township or DARA. The industrial user shall apply for
an industrial waste discharge permit that reflects the proposed changes.
The new industrial waste discharge permit will be subject to a fee
to reimburse Township and DARA for all expenses incurred as a result
of the processing of the permit. Approval or denial of a new industrial
waste discharge permit shall be regulated by the procedures established
hereunder for the issuance of an original permit.
(8)
Files. Township shall maintain files in which copies
of all industrial waste discharge permits, revisions thereto and supporting
data will be filed for reference. Files shall be maintained for a
period of at least five years. This period of retention shall be extended
during the course of any unresolved litigation regarding the significant
industrial user or the DRWPCC or when requested by DARA, the director
of EPA or the regional administrator of EPA.
J.
Reporting requirements for significant industrial
users.
(1)
Compliance date report. Within 90 days following the
date for final compliance with applicable National Categorical Pretreatment
Standards or, in the case of a new source, following commencement
of the introduction of wastewater into the sewerage system, any user
subject to National Categorical Pretreatment Standards shall submit
to Township and DARA a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by categorical standards, and the average and maximum
daily flow from these process units in the user's facility which are
limited by such categorical standards. The report shall state whether
the applicable categorical standards are being met on a consistent
basis and, if not, what additional operations and maintenance and/or
pretreatment are scheduled to bring the significant industrial user
into compliance with the applicable categorical standards. This statement
shall be signed by an authorized representative of the user and certified
by a qualified professional.
(2)
Periodic compliance reports.
(a)
Each significant industrial user shall submit
to Township and DARA, during the months of April, July, October and
January unless more frequently in the significant industrial user's
industrial wastewater discharge permit or by Township, a report indicating
the nature and concentration of pollutants in the discharge during
the quarterly reporting period which are regulated by the industrial
waste discharge permit. All monitoring data obtained by valid analytical
techniques must be reported by the significant industrial user. In
addition, this report, where applicable, shall include a record of
all daily flows which, during the reporting period, exceeded the maximum
daily flow listed in the significant user's industrial waste discharge
permit. At the discretion of Township and in consideration of such
factors as high or low flow rates, holidays, budget cycles, etc.,
Township upon written request from the significant industrial user,
may agree to alter the months during which the above reports are to
be submitted. The report shall also contain the following certification
statement signed by the authorized representative of the user:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified persons
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
|
(b)
Township and DARA may impose mass limitations where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection J(2)(a) of this section shall state the mass of pollutants regulated by categorical standards discharge in the significant industrial user's discharge to the sewerage system. 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 Township, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the significant industrial user's industrial waste discharge permit. All sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the EPA.
(c)
For categorical industries that have mass limits
as categorical standards, Township may specify equivalent concentrations
to regulate the strength of the significant industrial user's discharge.
If concentration limits are regulated in lieu of mass discharge limits,
the significant industrial user must provide Township and DARA with
the following information as part of each compliance report:
(d)
The industrial wastewater discharged into the sewerage system shall be sampled and analyzed by and at the expense of the significant industrial user, and copies of the original laboratory reports listing the results of the analyses and the analytical methods used shall be submitted to Township and DARA, with the significant industrial user's periodic compliance report required in Subsection J(2)(a) of this section. Frequency of sampling and analyses shall be at least quarterly-annually, unless required more frequently by Township. Unless otherwise stated in the industrial wastewater discharge permit, all samples are to be time composite samples for the period of discharge or for 24 hours, whichever is less, with sampling intervals of not more than one hour. The samples shall be analyzed for the substances and characteristics required by the significant industrial user's industrial waste discharge permit. The significant industrial user shall follow the proper sample preservation and analysis techniques detailed in 40 CFR 136 or other approved techniques approved by Township and DARA.
(e)
All records and information resulting from the
monitoring activities required by the industrial waste discharge permit
shall be retained by the significant industrial user for at least
five years. This period of retention shall be extended during the
course of any unresolved litigation regarding the significant industrial
user or the DRWPCC or when requested by Township, DARA or the director
of EPA or the regional administrator of EPA.
(3)
Baseline monitoring report.
(a)
Where a significant industrial user, subject
to a newly promulgated National Categorical Pretreatment Standard,
has not previously submitted the baseline monitoring information required
by 40 CFR § 403.12(b), the significant industrial user shall,
within 180 days after the promulgation of the applicable National
Categorical Pretreatment Standard, provide this information to Township
and DARA. The report shall include all items required by 40 CFR § 403.12(b).
(b)
A new source, or a user proposing to discharge
wastes into the sewerage system that is subject to a National Categorical
Pretreatment Standard, shall submit to Township and DARA the baseline
monitoring report required by 40 CFR § 403.12(b) at least
90 days prior to commencement of discharge from the regulated process
or facility.
(4)
Noncomplying discharge report. If sampling performed
by a significant industrial user indicates a violation of this article,
an applicable pretreatment standard, or the significant industrial
user's industrial waste discharge permit, the significant industrial
user shall notify Township and DARA within 24 hours of becoming aware
of the violation. The industrial user shall also repeat the sampling
and analysis and submit the results of the analysis to Township and
DARA within 30 days after becoming aware of the violation.
K.
Monitoring facilities.
(1)
All significant industrial users shall provide and
operate, at their own expense, monitoring facilities to allow inspection,
sampling and flow measurement of its industrial waste discharge. The
monitoring facility should normally be situated on the significant
industrial user's premises, but the municipality to whose sewer system
the significant industrial user is connected may, when such a location
would be impractical or cause undue hardship on the significant industrial
user, allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by landscaping
or parked vehicles.
(2)
The monitoring facility shall be constructed in accordance
with plans and specifications approved by Township and DARA. There
shall be ample room in or near such 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 significant industrial
user. The facility shall be located as to be accessible at all times
to persons authorized by Township and DARA. By obtaining an industrial
discharge permit, the significant industrial user consents to the
entry upon its land, and agrees to facilitate such entry, by representatives
of Township and DARA and consents to the use of the monitoring facility
for observation, sampling and measuring of the wastewater discharge
at all time. Construction of the monitoring facility shall be completed
within 120 days following issuance of the industrial waste discharge
permit.
L.
Inspection and sampling. Township and DARA, may inspect
the facilities of any industrial user. Persons or occupants of premises
where wastewater is created or discharged shall allow Township, DARA
or their representative ready access at all reasonable times to all
parts of the premises for the purpose of inspection, sampling, records
examination and copying or in the performance of any of their duties.
Township, DARA and EPA shall have the right to set up on the industrial
user's property such devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering operations. Where
an industrial user has security measures in force which would require
proper identification and clearance before entry into their premises,
the industrial user shall make all necessary arrangements with its
security guards so that upon presentation of suitable identification,
personnel from Township, DARA or EPA will be permitted to enter, without
delay.
M.
Pretreatment.
(1)
Significant industrial users shall provide necessary
pretreatment equalizing facilities as required to comply with this
article and shall achieve compliance with all applicable National
Categorical Pretreatment Standards within the time limitations as
specified by the appropriate Federal regulations. Any facilities required
to pretreat or flow-equalize wastewater to a level in compliance with
the provisions of this article shall be provided, operated and maintained
at the industrial user's sole expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted
to Township and DARA, for review before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the industrial user from the responsibility of modifying the facility
as necessary to produce an effluent in compliance with the provisions
in this article. Any subsequent changes in the pretreatment facilities,
flow-equalizing facilities or method of operation shall be reported
to and be approved by Township and DARA prior to the industrial user's
initiation of the changes.
(2)
A significant industrial user may allow a bypass which
does not cause pretreatment standards to be violated, but only for
essential maintenance to assure efficient operation. If a significant
industrial user knows in advance of the need for a bypass it shall,
under prior notice to Township and DARA, if possible, at least 10
days before the date of the bypass. A significant industrial user
shall give one notice of an unanticipated bypass that exceeds applicable
pretreatment standards to Township and DARA within 24 hours from the
time the significant industrial user becomes aware of the bypass.
A written report shall also be provided within five days of the time
the significant industrial user becomes aware of the bypass. The written
report shall contain a description of the bypass and its cause, the
duration of the bypass including exact dates and times and, if the
bypass has not been corrected, the anticipated time it is expected
to continue and steps taken or planned to reduce, eliminate, prevent
reoccurrence of the bypass.
(3)
DARA shall annually publish in the local daily newspaper
of largest circulation within the DRWPCC service area a list of industrial
users serviced by the DRWPCC which were in significant noncompliance
at least once during the previous 12 months. The notification shall
also summarize any enforcement actions taken against these industrial
user(s) during the same 12 months.
[Amended 12-19-2007 by Ord. No. 2007-05]
(4)
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA upon request.
(5)
Township and DARA shall have access to all such pretreatment
facilities and flow-equalizing facilities as required by this article
at all reasonable times for purposes of inspection and testing.
(6)
The industrial user shall reimburse Township for all
of its and DARA's expenses incurred as a result of review, monitoring,
application processing, sampling or any other activities conducted
by Township and DARA and directly related to ensuring the industrial
user's compliance with the provisions of this article.
N.
Hazardous waste discharge notification.
(1)
An industrial user discharging any quantity of waste
to the sewerage system which, if otherwise disposed of, would be an
acute hazardous waste under 40 CFR 261, shall provide a one time notification
to Township, DARA, the EPA Region III Waste Management Division Director
and the State hazardous waste authorities.
(2)
The notification required by Subsection N(1) above shall include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, the type of discharge (continuous, batch or other) and a certification that the industrial user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. If the industrial user discharge more than 100 kilograms of such waste in a month to the sewerage system, the notification shall also include an identification of the hazardous constituents contained in the waste, as estimation of the mass and concentration of such constituents discharged during the month, and an estimation of the mass of constituents expected to be discharged by the industrial user to the sewerage system during the following 12 month period.
(3)
If an industrial user discharges a nonacute hazardous waste under 40 CFR 261 to the sewerage system, the industrial user shall provide the one time notification described in Subsection N(2) above, if the total mass of hazardous waste discharged to sewerage system during any month exceeds 15 kilograms.
O.
Confidential information.
(1)
Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits, notifications
and monitoring programs and from inspections shall be available to
the public or other governmental agency without restriction unless
the industrial user specifically requests in writing and is able to
demonstrate to Township's satisfaction that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the industrial user.
(2)
When requested by the person furnishing a report,
those portions of a report that have been accepted by Township as
confidential, shall not be made available for inspection by the public
but shall be made available upon written request to governmental agencies
for uses related to this article, the NPDES permit, State disposal
system permit and/or the State or Federal pretreatment programs; provided
that such portions of any 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.
(3)
When information accepted by Township as confidential
is transmitted to any governmental agency by Township, a notification
to the industrial user shall be provided by Township listing the confidential
information transmitted and the governmental entity requesting the
information.
P.
Measuring volumes of wastewater.
(2)
The Township shall require that each significant user
connected to its sewer system issued an industrial waste discharge
permit install and use any meter or measuring device specified therein
at the significant industrial user's own expense. The Township shall
be responsible for the reading of all meters or measuring devices.
Township and DARA may read the meters from time to time at their discretion.
The meters and devices shall be made available for meter reading at
any reasonable time.
A.
Immediate suspension by Township of discharge presenting
immediate danger by any user.
(1)
Township shall order the suspension of discharge of
wastewater by any user when such suspension is necessary, in the opinion
of Township or DARA, in order to stop an actual or threatened discharge
which presents an immediate danger or harm to people or to the environment
or of interference ("dangerous discharge").
(2)
Any user notified of an order to suspend shall comply
therewith immediately. In the event of a failure of the user to comply
voluntarily with the suspension order, Township shall take such steps
as it deems necessary, including immediate severance of the sewer
connection, to effect the suspension of discharge of the user's wastewater
into the sewerage system. Township shall permit reinstatement of the
discharge upon proof satisfactory to itself and DARA of the elimination
of the immediate and substantial danger referred to above. The user
shall submit a detailed written statement to Township and DARA describing
the causes of the actual or threatened discharge and the measures
taken to prevent any future occurrences within 15 days of the date
of the first such discharge or threat of discharge.
(3)
Nothing herein shall be construed to prohibit Township
from seeking injunctive relief hereunder or at common law or taking
other enforcement action in connection with a dangerous discharge.
B.
Termination of service of any user. Any user who violates
any condition of the article, a resolution adopted by DARA, applicable
State and Federal regulations or an industrial waste discharge permit
if applicable is subject, in addition to any civil or criminal penalties
which may be imposed, to having his service terminated and/or his
industrial waste discharge permit revoked.
C.
Notification of violation by any user. Whenever Township
finds that the user has violated or is violating this article, a resolution
adopted by DARA, an industrial waste discharge permit, or prohibition,
limitation or requirement contained herein, Township or DARA may,
and Township at the direction of DARA shall, upon such person a written
notice stating the nature of the violation. The notice may require
a response in the form of a plan, explanation, compliance schedule
or other appropriate response within a specified time period. Compliance
with any such requirement is mandatory.
D.
Legal action by Township. If any person violates the
provisions of this article, a resolution adopted by DARA, Federal
or State pretreatment requirements, or any order related to sewer
service of Township, Township may and, at the direction of DARA shall,
commence an action appropriate legal and/or equitable relief in the
Court of Common pleas of this County.
E.
Civil penalty assessment policy for industrial users. Township shall adopt a formal, written civil penalty assessment policy from time to time and make the same available to the public. Industrial users participating in the pretreatment program (the "pretreatment program") established under § 160-19 of this article shall be given notice of the policy.
F.
Procedure for assessment of civil penalties against industrial users. Township may order any industrial user who violates any provision of § 160-19 of this article or any provision of an industrial waste discharge permit to show cause why a civil penalty pursuant to § 160-21B hereof should not be assessed. Notice shall be served upon the industrial user specifying the time and place of a hearing to be held by the Board of Supervisors. Notice shall be served at least 10 days before the hearing by any means permitted under the rules of court of the Commonwealth of Pennsylvania.
(1)
The Board of Supervisors may conduct the hearing and
take evidence thereat or may designate any of its members to serve
as a Hearing Officer, or may designate DARA or a DARA appointed Hearing
Officer:
(a)
To issue in the name of Township notices of
hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(b)
To take the evidence.
(c)
To transmit a report of the evidence and the
hearing transcripts and other evidence, together with recommendations
to the Board of Supervisors for action thereon.
(2)
Testimony at the hearing shall be under oath and recorded
stenographically. A transcript shall be made available to anyone upon
payment of the charges therefor.
(3)
After the hearing, if the hearing was before the Board
of Supervisors or, after receipt of the report of evidence and hearing
together with the recommendation of the Hearing Officer, the Board
of Supervisors may assess a civil penalty as set forth herein.
(4)
Notice of the assessment shall be sent to the industrial
user against whom the assessment has been made together with a description
of the applicable appeals process, including the name, address and
telephone number of the person responsible for accepting an appeal.
G.
Injunctions against violations of pretreatment standards.
(1)
Township may seek injunctive relief against the violation
of any pretreatment standard in any of the following circumstances:
(a)
A discharge from an industrial user presents
an imminent danger of substantial harm to the sewerage system or the
public.
(b)
A discharge from an industrial user presents
an imminent or substantial endangerment to the environment.
(c)
A discharge from an industrial user causes DARA
to violate any condition of its NPDES permit.
(d)
An industrial user has shown a lack of ability
or intention to comply with a pretreatment standard.
A.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
B.
Civil penalties for violations by industrial users. Any person who violated any substantive provision of § 160-19 hereof or any term or condition of any industrial waste discharge permit shall be subject to a civil penalty not to exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
C.
Use of civil penalties collected by Township. Civil
penalties collected pursuant hereto shall be placed in a restricted
account and shall only be used for the repair of damage and any additional
maintenance needed or any additional costs imposed as a result of
the violation for which the penalty was imposed, to pay any penalties
imposed upon Township by the Federal or State government for violation
of pretreatment standards, for the cost incurred by Township to investigate
and take enforcement action that resulted in a penalty being imposed,
for the monitoring of discharges in a pretreatment program and for
capital improvements to the sewerage system which may be required
by a pretreatment program. Funds remaining in the restricted account
after the foregoing uses have been met may be used for capital improvements
to the sewerage system.
