[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 19-1984. Amendments noted where applicable.]
CROSS-REFERENCES
Abandoned sewer lines: see Ch. 9-105.
Plumbing Code: see Ch. 8-105.
Sewer connections required: see Ch. 6-303.
Sewer improvements: see Third Class City Code § 3201
et seq. (53 P.S. § 38201 et seq.).
[1]
Note: The City now operates the Advanced Wastewater Treatment
Facility pursuant to a lease with The Harrisburg Authority, as such
lease has been supplemented and amended from time to time. The sale
of the sewer system to The Harrisburg Authority was effected by Ord.
No. 3-1990.
[Ord. No. 43-1990]
These definitions shall apply throughout Part 5 of Title 9 of these Codified Ordinances, unless the context clearly indicates otherwise; other definitions may be found in Chapter 1-302, Glossary of Terms.
A discharge not caused by the fault of any person, and one
that could not have been prevented by any means suggested by common
prudence, which would interfere with the operation of the Advanced
Wastewater Treatment Facility (AWTF).
The publicly owned wastewater collection, conveyance and
treatment system (POTW), as defined by Section 212 of the Federal
Water Pollution Control Act, also known as the "Clean Water Act of
1977," as amended.[1]
All persons holding title to facilities or improvements for
which a permit for the connection to or discharge into the sewer system
is required.
Either:
[Amended 12-11-2007 by Ord. No. 29-2007]
A principal executive officer of at least the level of vice
president, if the user is a corporation; or
A general partner or proprietor, if the user is a partnership
or proprietorship, respectively; or
A principal executive officer or ranking elected official, if
the user is a municipality, state, federal, or other public agency.
Schedules of activities, prohibition of practices, maintenance
procedures, other management practices, including treatment requirements
and operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage and shall be considered local limits and pretreatment
standards for the purpose of Section 307(d) of the Act.[2]
[Added 12-11-2007 by Ord. No. 29-2007]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of weight and concentration (milligrams
per liter).
Biochemical oxygen demand.
Code of Federal Regulations.
The Act of June 22, 1937, P.L. 1987, as amended and reenacted
by Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1
to 691.702.
A federal statute enacted by Public Law 92-500, October 18,
1972, 33 U.S.C. § 1251 et seq., as amended by Public Law
95-217, December 28, 1977; Public Law 97-117, December 29, 1981; Public
Law 97-440, January 8, 1983; and Public Law 100-04, February 4, 1987.
The sanitary sewer collection system of the City and conveyance
system of The Harrisburg Authority in which wastewater is collected,
conveyed and discharged or will be discharged into the Advanced Wastewater
Treatment Facility, AWTF.
The sanitary sewer collection system of the City in which
wastewater is collected and discharged, or will be discharged, into
the AWTF.
Any premises or improvements not a dwelling unit or industrial
establishment.
The act of checking specific conditions or requirements of
the industrial user permit.
Pollutants which are usually found in domestic, commercial
or industrial wastes, such as phosphorus, total suspended solids,
biochemical oxygen demand, fecal coliform, adverse pH levels, and
oil and grease.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
See "PA DEP."
The Department of Public Works of the City of Harrisburg.
The Director of the Department of Public Works of the City
of Harrisburg.
Any person who contributes, causes or permits the contribution
of treated or untreated wastewater into the sewer system.
Ordinary water-carried household wastes from sanitary conveniences
from residential and nonresidential establishments.
An agency or administrative department of the United States,
or any other agency or administrative department of the United States
hereafter exercising all or any portion, as appropriate, of the powers
or jurisdiction presently being exercised thereby.
United States Environmental Protection Agency.
A measure of the volume of flow or expected flow of sanitary
sewage or industrial waste from any property that is equal to the
volume of flow discharged from one dwelling unit as determined by
the City, in accordance with sound engineering practice.
[Ord. No. 21-1992]
The Federal Water Pollution Control Act, also known as the
"Clean Water Act of 1977," as amended, 33 U.S.C. § 1251
et seq.
National Categorical Pretreatment Standards.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
The interceptor sewers, pumping stations and force mains
and all related structures which are a part of the wastewater facilities
transporting and conveying wastewater from facilities of the City
and any of the suburban municipalities of the AWTF which are part
of the wastewater facilities.
Any waste from holding tanks of vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b), (c) or (d) of the
Federal Act [33 U.S.C. § 1317(b), (c) or (d)] into the AWTF.
For the purposes of this definition, holding tank wastes shall be
considered an indirect discharge.
Any nonresidential establishment discharging sewage and wastes,
other than normal waste-carried domestic sewage and wastes and cooling
water, directly or indirectly to the AWTF.
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Federal Act (33 U.S.C. § 1342).
Any solid, liquid or gaseous substance, waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovering or processing
of natural resources, as distinct from sanitary sewage.
The inhibition or disruption of the AWTF treatment processes
or operation which contributes to a violation of any requirement of
The Harrisburg Authority's NPDES permit. The term includes pollution
which prevents the use or disposal of sewage sludge by the AWTF in
accordance with Section 405 of the Federal Act (33 U.S.C. § 1345)
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act[3] or more stringent state criteria applicable to the method
of disposal or use employed by the AWTF.
The agreement of lease between the City as lessee and The
Harrisburg Authority as lessor, whereunder the wastewater facilities
are leased to the City for operation and use, and any amendments and
supplements to such lease.
A locally established limit deemed to be a pretreatment standard
for the purpose of Section 307(d) of the Clean Water Act.[4] The limit is specific to the Advanced Wastewater Treatment
Facility (AWTF) and is based on the potential for pass-through, interference,
sludge contamination or capacity to cause damage or hazards to structures,
equipment or personnel of the Advanced Wastewater Treatment Facility
(AWTF) by the discharge of any pollutant by an industrial user.
Concentration based on mass of pollutant per unit volume.
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency in accordance
with Section 307(b) and (c) of the Federal Act, 33 U.S.C. § 1317(b)
and (c), which applies to a specific category of industrial users.
A permit issued pursuant to Section 402 of the Federal Act,
33 U.S.C. § 1342.
Any regulation developed under authority of Section 307(b)
of the Federal Act, 33 U.S.C. § 1317(b) and 40 CFR 403.5.
Any new building, structure, facility or installation from
which there is or may be a discharge of pollutants which commences
after the date of publication of a proposed pretreatment standard
under Section 307(c) of the Clean Water Act.[5]
[Ord. No. 20-1992]
Any building, structure, room, group of rooms, establishment,
or facility other than a residence which discharges sewage and wastes,
including industrial wastes, directly or indirectly to the AWTF.
A classification pursuant to the North American Industrial
Classification System Manual issued by the Executive Office of the
President, Office of Management and Budget (1998), as amended.
[Amended 4-13-1999 by Ord. No. 10-1999]
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sanitary sewage, industrial waste or both are or may be
discharged.
The Department of Environmental Protection, an agency or
administrative department of the commonwealth, or any other agency
or administrative department of the commonwealth hereafter exercising
all or any portion, as appropriate, of the powers or jurisdiction
presently being exercised thereby.
Indicates a mass ratio meaning milligrams per million milligrams
and generally will be considered equivalent to milligrams per liter
(mg/L).
A discharge which exits the AWTF into a waterway of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of The Harrisburg Authority's NPDES permit.
[Ord. No. 20-1992]
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical waste, wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand and cellar dirt, and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
The sum of Arochlors 1016, 1221, 1232, 1242, 1248, 1254,
or 1260.
[Added 10-27-2010 by Ord.
No. 2010-13]
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 AWTF. The reduction
or alteration can be obtained by physical, chemical or biological
process, or process changes by other means, except as prohibited by
40 CFR 403.6(d) (dilution).
Any substantive or procedural requirement related to pretreatment
other than a pretreatment standard imposed on an industrial user.
Any National Categorical Pretreatment Standard, local limit, or discharge prohibition regulation identified in § 9-501.7B containing a list of pollutant discharge limitations.
[Ord. No. 20-1992]
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product. Sanitary, noncontact cooling and boiler blowdown
wastewaters are excluded, unless they become process makeup water.
National Prohibited Discharge Standard.
Real estate which adjoins, abuts on, is adjacent to, or is
within 200 feet of the collection system.
A treatment works, as defined by Section 212 of the Clean
Water Act, which is owned by a state or municipality [as defined by
Section 502(4) of the Clean Water Act].[6] This definition includes any devices and systems used
in the storage, treatment, recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers,
pipes and other conveyances only if they convey wastewater to a treatment
facility.
Any room, group of rooms, house, house trailer, or other
enclosure occupied or intended for occupancy as separate living quarters
by a single family or by persons living alone, which property shall
be billed and considered a separate entity.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
Sampling and analysis performed by the industrial user to
ensure compliance with permit provisions.
The second supplemental agreement, dated September 15, 1976,
among the City of Harrisburg, Harrisburg Sewerage Authority and the
suburban municipalities, and any supplements and amendments to such
agreement.
For sewer rental purposes, the length of time for which sewer
rentals are billed as may be determined by the Bureau of Water of
the City to correspond with water service periods.
All the facilities for the collection and conveyance of sewage
and suitable industrial wastes into the AWTF and the treatment plant.
Standard Industrial Classification.
A responsible corporate officer, general partner, proprietor,
or duly authorized representative of that individual.
[Ord. No. 20-1992]
All categorical industrial users or any noncategorical industrial
users that:
Have a discharge flow of 25,000 gallons or more per average
workday of process wastewater; or
Have an average process flow which makes up 5% or more of the
average dry-weather hydraulic or organic capacity of the treatment
plant; or
Have a reasonable potential, in the opinion of the superintendent,
to adversely affect the treatment plant through inhibition, pass-through
of pollutants, sludge contamination or endangerment of AWTF workers
or to violate any pretreatment standard or requirement.
One or more violations of:
[Amended 12-11-2007 by Ord. No. 29-2007]
Pretreatment standards or requirements, including chronic violations,
technical review criteria violations or any discharge which, alone
or in combination, causes interference or pass-through or endangers
the health or welfare of AWTF personnel, the public or environment
or results in the AWTF exercising its emergency authority to halt
or prevent such discharge;
Best management practices;
Compliance schedule milestones;
Reporting requirements;
Accurately reporting noncompliance; or
Any other violation or group of violations the AWTF considers
to be significant.
Any pollutant released in a discharge at a flow or concentration
rate which will cause interference with the operation of the AWTF.
A plan prepared by an industrial user to minimize the likelihood
of a spill and to expedite control and cleanup activities should a
spill occur.
The Commonwealth of Pennsylvania.
The facilities owned or leased by the Borough of Steelton
which transport and convey wastewater from facilities of any of the
suburban municipalities, and not through the Harrisburg conveyance
system, to the wastewater treatment facilities which are part of the
wastewater facilities.
The Borough of Penbrook, Borough of Paxtang, Borough of Steelton,
Township of Swatara, Township of Lower Paxton, and the Township of
Susquehanna and, as applicable, Swatara Township Authority, Lower
Paxton Authority, Steelton Borough Authority, and Susquehanna Township
Authority, collectively or individually, as appropriate.
The person designated by the City to supervise the operation
of the AWTF and who is charged with certain duties and responsibilities
by this chapter or any other applicable legislation or one or more
duly authorized representatives.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA under Section 307(a) of the
Federal Act[7] or the federal laws.
Pretreatment.
The plant for the treatment of sewage conveyed thereto by
the collection system, and the equipment and facilities thereof; the
AWTF.
An exceptional incident in which there is unintentional and
temporary noncompliance with the pretreatment standards because of
factors beyond the reasonable control of the industrial user. An upset
does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance or careless or improper
operation.
Any person who contributes, causes or permits the contribution
of wastewater into the AWTF.
The act of not meeting specific conditions or requirements
(i.e., noncompliance).
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any pollutants which may be present, whether treated
or untreated, which are contributed into or permitted to enter the
sewer system.
The wastewater conveyance, treatment, disposal and related
facilities owned by The Harrisburg Authority and leased to the City
of Harrisburg for operation and use, including existing facilities
and all future additions and improvements thereto.
All facilities for the collection and distribution of water
to persons in the City.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 33 U.S.C. § 1317(d).
[3]
Editor's Note: See 42 U.S.C. § 6901 et seq., 42
U.S.C. § 7401 et seq. and 15 U.S.C. § 2601 et
seq.
[4]
Editor's Note: See 33 U.S.C. § 1317(d).
[5]
Editor's Note: See 33 U.S.C. § 1317(c).
[6]
Editor's Note: See 33 U.S.C. §§ 1292 and 1362(4),
respectively.
[7]
Editor's Note: See 33 U.S.C. § 1317(a).
A.Â
All persons owning any occupied building now erected upon property
accessible to the collection system shall, if not already connected,
at their own expense, have connected such building with the collection
system by April 4, 1959.
B.Â
All persons owning any property accessible to the collection system
upon which an occupied building is hereafter erected shall, at the
time of the erection of such building and at their own expense, connect
the same with the collection system.
C.Â
All persons owning any occupied building upon property which hereafter
becomes accessible to the collection system shall, at their own expense,
connect such building to the collection system within 30 days after
notice to do so from the City.
[1]
Editor's Note: This section derives from Ord. No. 25-1958.
No person owning any property accessible to the collection system
shall erect, construct, use, or maintain, or cause to be erected,
constructed, used, or maintained, any privy, cesspool, sinkhole, septic
tank, or other receptacle on such property for receiving sewage after
April 4, 1959, or at any time erect, construct, use, or maintain any
pipe, conduit, drain, or other facility for the discharge of sanitary
sewage except into the collection system. No person shall make a connection
to the collection system from any cesspool, privy, vault, cistern,
or other depository.
[1]
Editor's Note: This section derives from Ord. No. 25-1958.
Any person who erects, constructs, uses, or maintains a privy,
cesspool, sinkhole, or septic tank on any property accessible to the
collection system in violation of this chapter shall be deemed to
be erecting, constructing and maintaining a nuisance, which nuisance
the City is hereby authorized and directed to abate in the manner
provided by law.
[1]
Editor's Note: This section derives from Ord. No. 25-1958.
No connection or discharge shall be made to or into the sewer
system except in compliance with all federal, state and local laws,
ordinances, resolutions, rules, and regulations now in force and effect,
as well as such federal, state and local laws, ordinances, resolutions,
rules, and regulations as may, from time to time, be enacted, adopted,
approved, or promulgated by any federal, state or local authority,
or may be otherwise provided by law.
If any owner of an occupied building on property accessible
to the collection system fails to connect such property with the collection
system as required, the City shall cause to be served on the owners
and the occupants of the buildings in question a written notice requiring
such connection to be made. The notice shall further state that its
requirements shall be complied with within 30 days from the date thereof.
[Ord. No. 43-1990]
A.Â
The City reserves the right to refuse permission to connect to the
sewer system, to compel discontinuance of use of the sewer system
or to compel pretreatment of wastewaters by any person in order to
prevent discharges deemed harmful or deemed to have a deleterious
effect upon the operation of, or any portion of, the sewer system.
B.Â
No wastewaters shall be discharged to the sewer system:
(1)Â
Having heat in such quantities that the discharge causes the
temperature at the AWTF to exceed 40° C. or 104° F.;
(2)Â
Containing fats, wax, grease or oils of petroleum origin, whether
emulsified or not, in excess of 100 mg/L, or petroleum oil, nonbiodegradable
cutting oil or petroleum products of mineral origin in amounts that
will cause interference or pass-through at the AWTF;
(3)Â
Containing any gasoline, benzene, naphtha, fuel oil or other
explosive liquids, solids or gases or any other pollutants which will
create a fire or explosion hazard, including but not limited to waste
streams with a closed-cup flashpoint of less than 140° F. or 60°
C. using the test methods specified in 40 CFR 261.21;
(4)Â
Containing any garbage that has not been ground by household-type
or other suitable garbage grinders;
(5)Â
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, or any
other solids or viscous substances capable of causing obstructions
or other interferences with proper operation of the sewer system;
(6)Â
Having a pH lower than 5.0 or higher than 10.0 standard units,
or having any other corrosive properties capable of causing damage
or hazards to structures, equipment or personnel of the sewer system;
[Amended 12-11-2007 by Ord. No. 29-2007]
(7)Â
Containing toxic or poisonous substances in sufficient quantity
to injure or interfere with any wastewater treatment process, to constitute
hazards to humans or animals or to create any hazard in waters which
receive treated effluent from the sewer system treatment plant. Toxic
wastes shall include, but not be limited to, wastes containing cyanide,
chromium, cadmium, mercury, copper or nickel or any characteristic
or listed hazardous waste;[1]
(8)Â
Containing noxious or malodorous gases or substances capable
of creating a public nuisance;
(9)Â
Containing solids of such character and quantity that special
and unusual attention is required for their handling;
(10)Â
Containing any substance which may affect the AWTF's effluent
and cause violation of the NPDES permit requirements;
(11)Â
Containing any substance which would cause the AWTF to be in
noncompliance with sludge use, recycling or disposal criteria pursuant
to guidelines or regulations developed under Section 405 of the Federal
Act, the Clean Air Act[2] or regulations or criteria for sludge management and disposal
as required by the DEP;
[2]
Editor's Note: See 33 U.S.C. § 1345 and 42 U.S.C.
§ 7401 et seq., respectively.
(12)Â
Containing color which is not removed in the treatment processes;
(13)Â
Containing any radioactive wastes or isotopes;
(14)Â
Containing any pollutant, including conventional pollutants,
released at a flow rate and/or pollutant concentration which would
cause interference with the AWTF;
(15)Â
Containing substances which may solidify or become viscous at
temperatures between 0° C. or 32° F. and 60° C. or 140°
F.;
(16)Â
Containing chemical constituents which, alone or in combination,
result in the release of toxic gases, vapors, or fumes in a quantity
that may cause acute worker health and safety problems.
C.Â
When the superintendent or Director determines that an industrial
user is contributing any of the above substances in such amounts as
to exceed stated limits or to interfere with the operation of the
AWTF, he or she shall:
A.Â
Upon notification by the City, pretreatment facilities shall be installed within 90 days of the date of such notice, at the sole cost of the significant industrial user, to meet City requirements. In no event shall dilution be acceptable as a means of pretreatment to meet the requirements of this chapter. Any order to install pretreatment facilities may be appealed to the Director as provided in § 9-501.99.
B.Â
The City reserves the right to require nonresidential dischargers
having large variations in rates of wastewater discharge to install
suitable regulating devices for equalizing wastewater flows to the
sewer system.
C.Â
When directed by the Department or by one of the suburban municipalities
at the request of the Department, industrial users shall install,
within 90 days of the directive, at their sole cost and expense, and
thereafter maintain a manhole and such other devices as may be approved
by the Department to facilitate observation, measurement and sampling
of wastewaters discharged into the sewer system. The duly authorized
representatives of the Department shall, at all times, be permitted
to:
[Ord. No. 20-1992]
(1)Â
Enter upon any and all properties of industrial users for the
purpose of inspecting for compliance, observing, measuring and sampling
wastewaters discharged into the sewer system;
(2)Â
Set up and use monitoring equipment;
(3)Â
Inspect and copy industrial waste discharge, monitoring and
production records or any other records pertinent to compliance with
this chapter; and
(4)Â
Have access to any meters used for establishing or determining
water consumption, water excluded from the sewer system and wastewater
discharged into the sewer system. If an individual user has security
measures in force which physically limit entry to the premises of
such user, the industrial user shall, within 30 days of the effective
date of this section, immediately provide the Department with whatever
is necessary to allow authorized City representatives to enter the
premises, without delay, for the purpose of performing their duties
and responsibilities.
D.Â
The Department and any suburban municipality may require any industrial
establishment to provide information needed to determine compliance
with this chapter.
A.Â
Any industrial establishment desiring to discharge or currently discharging,
directly or indirectly, wastes into the sewer system, or planning
to change operations so as to materially alter the characteristics
and/or volumes of wastewaters discharged into the sewer system, shall
notify the Department and any affected suburban municipality in writing
at least 30 days before making such connection or changing its operations
and shall obtain a permit from the Department to do so. Applications
for such permit shall be on the form supplied by the superintendent
and shall be accompanied by all information requested by the Department
for the determination of waste volumes, characteristics and constituents.
The cost for obtaining such information shall be borne by the applicant.
Any significant industrial user shall make application for a new permit
within 30 days of the effective date of this section.
[Ord. No. 43-1990]
B.Â
This application shall include, but shall not be limited to, the
following information, in units and terms appropriate for evaluation:
[Ord. No. 20-1992]
(1)Â
Name, address and location of applicant;
(2)Â
NAICS number(s) according to the North American Industrial Classification
System Manual, Office of Management and Budget, 1998, as amended;
[Amended 4-13-1999 by Ord. No. 10-1999]
(3)Â
Volume of wastewaters to be discharged;
(4)Â
Wastewater constituents and characteristics, including, but not limited to, those set forth in § 9-501.7B, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with the procedures established by the United States EPA pursuant to Section 304(g) of the Federal Act, 33 U.S.C. § 1314(g), and the regulations promulgated thereunder, 40 CFR Part 136, as amended;
(5)Â
Time and duration of discharge;
(6)Â
Average and maximum wastewater flow rates, including daily,
monthly and seasonal variations, if any;
(7)Â
A schematic flow representation which shall include floor plans,
mechanical and plumbing plans and details of all sewers, sewer connections
and appurtenances, sizes, locations and elevations;
(8)Â
A schematic flow representation which shall include all pretreatment
or treatment plans and details, including appurtenances, sizes, locations,
elevations;
[Added 12-11-2007 by Ord. No. 29-2007]
(9)Â
Pretreatment, treatment and flow meter standard operating procedures
manual;
[Added 12-11-2007 by Ord. No. 29-2007]
(10)Â
Number of employees and hours worked;
(11)Â
Description of activities, facilities and plan processes on
the premises, including all materials which are or could be discharged;
(12)Â
Each product produced, listed by type, amount and rate of production;
(13)Â
Type and amount of raw materials processed, average and maximum
per day;
(14)Â
Each substance considered toxic, hazardous, noxious or malodorous,
including a description of the hazards associated with each substance;
(15)Â
Certification of accuracy by the applicant;
(16)Â
Any other information required by 40 CFR 403.12(b) or any other
information as may be deemed necessary by the Department to evaluate
that permit application.
C.Â
The Department shall evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the date furnished, the superintendent shall issue a permit subject to terms and conditions provided therein, as set forth in Subsection D hereof.
D.Â
Wastewater discharge permits shall be subject to all provisions of
this chapter and all other applicable federal, state and local laws,
rules, regulations, charges, and fees. The conditions of such permits
shall be uniformly enforced by the City in accordance with this chapter
and applicable federal, state and local laws, rules and regulations.
Permits may contain, but shall not be limited to, the following conditions:
[Ord. No. 43-1990; Ord. No. 20-1992]
(1)Â
The unit charge or schedule of special charges and fees or wastewater
surcharges to be paid the City for the wastewater to be discharged
into the sewer system pursuant to such permit;
(2)Â
The average and maximum allowable wastewater constituent and
characteristics;
(3)Â
Equalization, neutralization or other requirements to control
high pH or highly variable pH discharge;
(4)Â
Limits on rate and time of discharge or requirements for flow
regulations and equalization;
(5)Â
Requirements for installation, maintenance and/or operation
of monitoring, inspection and sampling facilities;
(6)Â
Pretreatment requirements;
(7)Â
Requirements for submission of technical reports or discharge
reports;
(8)Â
Signatory requirements for certification of technical reports
or discharge reports;
(9)Â
Requirements for maintaining and retaining plant records relating
to wastewater discharge for a minimum of three years or longer, as
specified by the Department, and affording the Department access thereto;
(10)Â
Compliance schedules;
(11)Â
Specifications for monitoring programs, including self-monitoring,
sampling location, frequency and method of sampling, number, types
and standards for tests and reporting schedules;
(12)Â
Requirements for notification of pretreatment standard exceedance
and repeat sampling and testing;
(13)Â
Requirements for notification of slug or accidental discharge;
(14)Â
Requirements for a spill prevention and control plan;
(15)Â
Requirements for a spill or slug discharge prevention and control
plan in accordance with 40 CFR 403.8(f)(2)(vi)(A)(B)(C) and (D);
[Added 12-11-2007 by Ord. No. 29-2007]
(16)Â
Requirements for best management practices;
[Added 12-11-2007 by Ord. No. 29-2007]
(17)Â
Other conditions as deemed appropriate by the City to insure
compliance with these regulations.
[Amended 12-11-2007 by Ord. No. 29-2007]
E.Â
Wastewater discharge permits shall be issued for a specified time
period, not to exceed five years, subject to compliance with all of
the provisions of this chapter and the regulations promulgated thereunder.
Any applicant who does not meet the standards of this chapter shall
not be entitled to a five-year permit. All holders of a wastewater
discharge permit must also comply with any National Categorical Pretreatment
Standards within 90 days of their promulgation or any revisions thereto.
F.Â
A wastewater discharge permit is not assignable or transferable to
a new user, owner or new use.
[Ord. No. 20-1992]
A.Â
No industrial user shall discharge, directly or indirectly, into
the wastewater collection or conveyance system any wastewater containing
in excess of the following pollutant in milligrams per liter:
[Amended 10-27-2010 by Ord. No. 2010-13]
|
Pollutant
|
Daily Maximum
|
Instantaneous Maximum
|
Ordinance
| |
|---|---|---|---|---|
|
Arsenic (T)
|
2.81
|
5.62
|
43-1990
| |
|
Cadmium (T)
|
0.75
|
1.50
|
43-1990
| |
|
Chromium (T)
|
1.31
|
2.62
|
43-1990
| |
|
Copper (T)
|
2.99
|
5.98
|
43-1990
| |
|
Cyanide (T)
|
2.15
|
2.15
|
43-1990
| |
|
Lead (T)
|
0.55
|
1.10
|
43-1990
| |
|
Mercury (T)
|
0.04
|
0.08
|
43-1990
| |
|
Molybdenum (T)
|
6.78
|
13.56
|
–
| |
|
Nickel (T)
|
1.00
|
2.00
|
43-1990
| |
|
PCBs (T)
|
1.28
|
2.56
|
–
| |
|
Selenium (T)
|
2.14
|
4.28
|
–
| |
|
Silver (T)
|
15.46
|
30.92
|
–
| |
|
Zinc (T)
|
2.20
|
4.40
|
20-1992
|
B.Â
The limits may be changed, by regulation of the Director or by the
EPA, to whichever limitation is more stringent.
[Ord. No. 20-1992]
Upon promulgation of federal categorical pretreatment standards
or any federal standard for a particular industry or subcategory,
the standards referenced in 40 CFR Chapter I, Subchapter N, Parts
405 to 471, if more stringent than the limitations contained in this
chapter for such discharges, shall immediately supersede the standards
set forth in this chapter. The superintendent shall notify all affected
industrial users of the applicable reporting requirements under 40
CFR 403.12.
Any state requirements and limitations on discharge which have
been or may be adopted which are more stringent than the federal limitations
or those contained in this chapter shall supersede both federal and
City standards. The superintendent shall notify all affected users
of any such change.
A.Â
Each significant industrial user shall provide protection from an
upset of pretreatment facilities, slug or accidental discharge of
prohibited materials and any other substances regulated by this chapter.
Facilities to prevent and plans to mitigate an upset, slug or accidental
discharge shall be provided and maintained at such user's expense.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at such user's expense. No significant
industrial user which commences discharge into the sewer system shall
be permitted to introduce pollutants into the sewer system until a
spill prevention and control plan has been approved by the Department.
Approval of such plans and procedures shall not relieve such user
of the responsibility to modify such user's facility as necessary
to meet the requirements of this chapter.[1]
B.Â
In the event of an upset, slug, or accidental discharge, it shall
be the responsibility of the significant industrial user to:
[Ord. No. 43-1990]
(1)Â
Make immediate notification to the AWTF of location of discharge,
date and time thereof, type of waste, including concentration and
volume, and corrective action taken; and
(2)Â
Within five days following an upset, slug or accidental discharge,
submit to the superintendent a written report which shall specify:
(a)Â
Description of the upset, slug or accidental discharge, the
cause thereof, and the impact on the industrial user's compliance
status, including location of discharge, type, concentration and volume
of waste;
(b)Â
Duration of noncompliance, including exact date and times of
noncompliance, and, if the noncompliance continues, the time by which
compliance is reasonably expected to occur;
(c)Â
All steps taken or to be taken to reduce, eliminate, and prevent
recurrence of such an upset, slug or accidental discharge or other
conditions of noncompliance.
C.Â
The notification required by this section shall not relieve the significant industrial user of any expense, loss, damage, or other liability incurred to the AWTF, the City, any state or federal department or authority, or any damage to person, property or environment, nor will this notification relieve the significant industrial user of any fines, penalties or any other liability which may be imposed by Chapter 9-511 or any other applicable law.
[Ord. No. 20-1992]
A.Â
With 90 days following the date for final compliance or, if a new
source, the commencement of discharge, any user subject to the pretreatment
provisions of this chapter shall submit to the superintendent a report
indicating the nature and concentration of pollutants and the average
and maximum flows of the discharges which are limited by such pretreatment
standards and requirements. The report shall state whether the applicable
pretreatment standards and requirements are being met and, if not,
what additional pretreatment facilities or additional operations and
maintenance tasks are necessary to bring such user in compliance with
the applicable pretreatment standards and requirements. This statement
shall be signed by an authorized representative of the user and certified
by a qualified individual.
B.Â
Any significant industrial user subject to the provisions of this
chapter shall submit to the superintendent, at least on a semiannual
basis, a report containing the information required by its permit.
The reports required by this subsection shall be certified by an authorized
signatory of the user and submitted within 30 days following the end
of the reporting period, unless the superintendent authorizes, in
writing, another submission date or schedule.
C.Â
If any sampling and testing required by Subsections A and B hereof indicate a violation of a pretreatment standard, the industrial user shall notify the Department within 24 hours of becoming aware of the violation, repeat sampling and testing within 72 hours, or the first day representative of normal operation, and submit, in writing, the results of the repeat analysis within 30 days.
D.Â
In addition to the requirements of Subsections A, B and C hereof, if the Director or superintendent has reason to believe that a significant industrial user is not meeting the pretreatment standards on a consistent basis, such user may be required to submit interim compliance reports on a regular or irregular schedule.
E.Â
Any reports required by this section shall be maintained and retained
for a minimum of three years or longer, as specified by the Department,
and access by the Department afforded thereto.
[Ord. No. 20-1992]
No industrial user shall introduce any untreated process waste
or process wastewater into the sewer system containing any hazardous
waste constituent identified in 40 CFR Part 261 without prior written
notification to the superintendent. Any notification shall provide
the identity of the waste, the hazardous waste constituent and number
and an estimation of the mass and concentration of hazardous waste
to be discharged and shall be accompanied by a statement certifying
that a waste reduction program is in place. In no case shall the introduction
of any hazardous process waste or nonprocess waste constituent be
permitted as a substitute for the proper treatment and disposal of
any such waste.
A.Â
No user shall discharge any waste or wastewater directly into a manhole
or other opening in the sewer system, other than an approved building
sewer, unless such user has been issued a special permit to do so
by the superintendent. Such permit shall be of limited duration, and
the permittee shall comply with all applicable provisions of this
chapter.
B.Â
The discharge of any trucked or hauled pollutants is prohibited except
at discharge points designated in a special permit approved by the
superintendent. Such permit shall be of limited duration, and the
permittee shall comply with all applicable provisions of this chapter.
[Ord. No. 20-1992]
No user shall discharge any holding tank or septic tank wastes
unless such person has been issued a special permit to do so by the
superintendent. Such permit shall not be assignable or transferable.
The Director shall adopt a schedule of charges and fees to cover
the costs of implementation of the pretreatment provisions of this
chapter. These fees are in addition to and separate from all other
fees charged by the City and will be assessed by the City on all permit
holders. Such charges and fees may include, but are not limited to,
the following:
A.Â
Costs of monitoring, inspection and surveillance procedures;
B.Â
Costs of reviewing permit applications;
C.Â
Administrative costs of appeals;
D.Â
Costs of reviewing accidental discharge reports;
E.Â
Costs of reviewing pretreatment facility construction plans;
F.Â
Costs of consistent removal by the AWTF of pollutants subject to
pretreatment standards;
G.Â
Any other costs incurred by the City in implementing the requirements
of this chapter.
The pretreatment provisions and all other requirements of this
chapter shall apply to any person currently discharging into, directly
or indirectly, or otherwise using, the sewer system or any person
who shall in the future discharge into, directly or indirectly, or
otherwise use, the sewer system.
The Director is authorized to promulgate such rules and regulations as are necessary for the proper administration, implementation and enforcement of this chapter and all other chapters of Part 5 of Title 9 of the Codified Ordinances. This authority is in addition to that granted in any section of this chapter. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and any violation thereof shall be deemed a violation of the applicable chapters for enforcement purposes in Chapter 9-511. The Director shall publish notice of the promulgation of any such rules and regulations and shall notify each of the suburban municipalities prior to adoption of the same, pursuant to Chapter 9-509.
Should any user refuse, neglect or fail to comply with any provision of this chapter or any of the rules and regulations promulgated thereunder or any notice or directive given in conformity with or pursuant to the provisions of this chapter, the City may pursue any or all of the remedies set forth in Chapter 9-511.
Any information submitted to the City pursuant to this chapter
or any rules and regulations promulgated thereunder may be claimed
as confidential by the submitter. Any such claim shall be asserted
at the time of submission by the stamping or placing of the words
"Confidential Business Information" on each page containing such information.
If no claim is made at the time of submission, the City may make the
information available to the public without further notice. If a claim
is asserted, the information shall be treated in accordance with the
procedures in 40 CFR Part 2 (Public Information); provided, however,
that any information regarding effluent data shall be available to
the public without restriction.
[Ord. No. 43-1990]
Compliance monitoring and inspection will be performed by the
City. This duty will be based on a schedule determined by the type
of facility, type and concentration of pollutants in the discharge,
and the past performances of compliance by the industrial user.
Any person who violates any provision of this chapter shall be subject to the penalty and enforcement provisions of Chapter 9-511, including the right of the City to disconnect service.
