[Ord. 525, 5/7/1996, Exhibit A, § 1; as amended
by Ord. 578, 6/13/2002, § 1]
1.Â
Purpose and policy. This Part 1G sets forth uniform requirements
for users of the publicly owned treatment works of the Upper Moreland-Hatboro
Joint Sewer Authority and enables the Control Authority to comply
with all applicable state and federal laws, including the Clean Water
Act (33 U.S.C. § 1251 et seq.) and the general pretreatment
regulations (40 CFR Part 403). The objectives of this Part 1G are:
A.Â
To prevent the introduction of pollutants into the publicly owned
treatment works which will interfere with its operation.
B.Â
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters or the atmosphere
or otherwise be incompatible with the publicly owned treatment works.
C.Â
To protect both publicly owned treatment works personnel who may
be affected by wastewater, sludge and incinerator waste in the course
of their employment and the general public.
D.Â
To promote reuse and recycling of industrial wastewater from the
publicly owned treatment works.
E.Â
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the publicly owned treatment
works.
F.Â
To enable the Control Authority to comply with its National Pollutant
Discharge Elimination System permit conditions, incinerator discharge
and disposal requirements and any other federal or state laws to which
the publicly owned treatment works is subjected.
2.Â
Administration.
A.Â
This Part 1G provides for the regulation of all users of the publicly
owned treatment works through the issuance of wastewater discharge
permits and through enforcement of general requirements applicable
to all users; authorizes monitoring, compliance and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
B.Â
This Part 1G shall apply to all persons outside the jurisdiction
of the Control Authority who are, by contract or agreement with the
Control Authority, users of the publicly owned treatment works of
the Control Authority. Except as otherwise provided herein, the General
Manager of the Control Authority shall administer, implement and enforce
the provisions of this Part 1G. Any powers granted to or duties imposed
upon the General Manager may be delegated by the General Manager to
other Control Authority personnel.
3.Â
Abbreviations and acronyms. The following abbreviations and acronyms,
when used in this Part 1G, shall have the designated meanings:
A.Â
BOD — Biochemical oxygen demand.
B.Â
CFR — Code of Federal Regulations.
C.Â
COD — Chemical oxygen demand.
D.Â
EPA — United States Environmental Protection Agency.
E.Â
gpd — Gallons per day.
F.Â
mg/l — Milligrams per liter.
G.Â
NPDES — National Pollutant Discharge Elimination System.
H.Â
PA DEP — Pennsylvania Department of Environmental Protection.
I.Â
POTW — Publicly owned treatment works.
K.Â
SIC — Standard industrial classification.
L.Â
TSS — Total suspended solids.
M.Â
USC — United States Code.
4.Â
ACT or THE ACT
ADMINISTRATOR or THE ADMINISTRATOR
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
A.Â
(1)Â
(2)Â
B.Â
C.Â
D.Â
BIOCHEMICAL OXYGEN DEMAND
BUILDING SEWER
CATEGORICAL PRETREATMENT STANDARD(S) or CATEGORICAL STANDARD(S)
CHEMICAL OXYGEN DEMAND or COD
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GENERAL MANAGER
GRAB SAMPLE
HOLDING TANK WASTE
IMMEDIATELY
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER or USER
INDUSTRIAL WASTE(S)
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MEDICAL WASTE
NATIONAL CATEGORICAL PRETREATMENT STANDARD(S)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
A.Â
(1)Â
(2)Â
(3)Â
B.Â
C.Â
(1)Â
(a)Â
(b)Â
(2)Â
NONCONTACT COOLING WATER
NONSIGNIFICANT INDUSTRIAL USER
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGE
PUBLICLY OWNED TREATMENT WORKS or POTW
RESIDENTIAL
SEPTIC TANK WASTE
SEWAGE
SEWAGE SYSTEM
SHALL; MAY
SIGNIFICANT INDUSTRIAL USER
A.Â
B.Â
(1)Â
(2)Â
(3)Â
C.Â
SLUG LOAD or SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STATE
STORMWATER
USER or INDUSTRIAL USER
WASTEWATER
WATERS OF THE STATE
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Part 1G, shall have the
meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Administrator of the United States Environmental Protection
Agency.
The director in an NPDES state with an approved state pretreatment
program and the appropriate regional administrator in a non-NPDES
state or NPDES state without an approved state pretreatment program.
If the user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function or any other
person who performs similar policy or decision-making functions for
the corporation; or
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second quarter of
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
If the user is a federal, state or local governmental facility,
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility or their designee.
The individuals described in Subsections A through C above may
designate another authorized representative if the authorization is
in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted
to the Control Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., expressed as a concentration (mg/l), in accordance
with EPA Test Method 405.1 as referenced in 40 CFR 136.3.
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards, being any regulation
containing pollutant discharge limits promulgated by the EPA in accordance
with Section 307(b) and (c) of the Act (33 U.S.C. § 1317),
which apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405 to 471.
The quantity of oxygen utilized in the chemical oxidation
of organic matter which is susceptible to conversion to carbon dioxide
and water and expressed as a concentration [milligrams per liter (mg/l)],
in accordance with EPA Test Method 410.1, 410.2, 410.3 or 410.4, as
referenced in 40 CFR 136.3.
The Upper Moreland-Hatboro Joint Sewer Authority.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The introduction of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the administrator
or other duly authorized official of said agency, including the Regional
Water Management Division Director.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.[2]
The person designed by the Control Authority to supervise
the operation of the POTW and who is charged with certain duties and
responsibilities by this Part 1G or a duly authorized representative
as delegated by the General Manager.
A sample which is normally taken from a waste stream, on
a one-time basis, without regard to the flow in the waste stream and
over a period of time not to exceed 15 minutes. When industrial wastewater
volume is not sufficient for analytical purposes in fifteen-minute
periods, the General Manager may approve, in writing, an alternative
of sampling.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump trucks.
This term is based on the intent which it is used within.
However, it shall at least indicate a time frame of "upon discovery"
of an incident or as stated in 40 CFR 122.41(l)(6)(i) to (iii), 40
CFR 403.8(f)(1)(vi)(B), 40 CFR 403.8(f)(2)(v)(A) to (C) and/or as
specifically identified within this Part 1G.
[Amended by Ord. 737, 1/19/2017]
The discharge or introduction of pollutants (including holding
tank waste) into the POTW from any nondomestic source regulated under
Section 307(b), (c) or (d) of the Act (33 U.S.C. § 1317).
A source of indirect discharge from an establishment which
discharges or introduces industrial wastes into the POTW.
Any liquid, gaseous, radioactive, solid or other substances,
not sewage, resulting from any manufacturing or industry or from an
establishment, as herein defined, and mine drainage, refuse, silt,
coal mines, coal collieries, breakers or other coal-processing operation.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial waste flow rate and
the duration of the sampling event.
A discharge which, alone or in conjunction with discharges
from other sources, causes the inhibition or disruption of the POTW's
treatment processes or operations or its sludge processes, use or
disposal and, therefore, is a cause of a violation of the Control
Authority's NPDES permit (including an increase in magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state
or local regulations: Section 405 of the Act[3]; the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act" (RCRA)[4]; any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act[5]; the Toxic Substances Control Act[6] and the Marine Protection, Research and Sanctuaries Act.[7]
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Any regulations containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
A permit issued to a POTW pursuant to Section 402 of the
Act (33 U.S.C. § 1342).
Any regulation developed under the authority of Section 307(b)
of the Act[8] and 40 CFR 403.5.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
pursuant to Section 307(c) of the Act,[9] which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that:
The building, structure, facility or installation is constructed
at a site at which no other source is located.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors, such as the extent to which
the new facility is engaged in the same general type of activity as
the existing source, should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of Subsection A above but otherwise alters, replaces
or adds to existing process or production equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment.
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for the placement, assembly or installation of new source
facilities or equipment.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this definition.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
For the purposes of this Part 1G, nonsignificant industrial
users are those users which do not meet the criteria listed in the
definition of "significant industrial user" but warrant the issuance
of a wastewater discharge permit.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of any requirement of the Control Authority's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. This definition includes all federal, state and local
governmental entities. The masculine gender shall include the feminine,
and the singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in moles per liter of solution; a measure
of the acidity or alkalinity of a solution, expressed in standard
units.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water, such that harm to
human health or the environment may result.
That portion of the POTW which is designed to provide treatment,
including recycling and reclamation of municipal sewage and industrial
waste.
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 POTW. This reduction
or alteration can be obtained by physical, chemical or biological
processes; by process changes; or by other means, except by diluting
the concentration of the pollutants, unless allowed by an applicable
pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a national pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Control Authority.
This definition includes any devices or systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a POTW treatment plant.
Any noncommercial, nonindustrial and nonmanufacturing facility
or dwelling.
Any sewage from holding tanks, such as vessels, chemical
toilets, campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
The Control Authority's collection and conveyance system
which transports wastewater to POTW treatment plant.
"Shall" is mandatory; "may" is permissive.
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, cooling, noncontact cooling and boiler
blowdown wastewater).
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plan.
Is designated as such by the Control Authority on the basis
that it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or equipment.
Upon a finding that a user meeting the criteria in Subsection
B has no reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement,
the Control Authority may, at any time, on its own initiative or in
response to a petition from a user, and in accordance with procedures
in 40 CFR 403.8(f)(6), determine that such user should not be considered
a significant industrial user.
Any pollutant released in a discharge at a flow rate or concentration
which will cause a violation of the specific discharge prohibitions
in 40 CFR 403.5(b) and/or 403.12(f).
A classification pursuant to the "Standard Industrial Classification
Manual" issued by the United States Office of Management and Budget.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
Refer to "industrial user."
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
[2]
Editor's Note: See 33 U.S.C. § 1317.
[3]
Editor's Note: See 33 U.S.C. § 1345.
[4]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[5]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[6]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[7]
Editor's Note: See 33 U.S.C. § 1401 et seq. and
16 U.S.C. § 1431 et seq.
[8]
Editor's Note: See 33 U.S.C. § 1317(b).
[9]
Editor's Note: See 33 U.S.C. § 1317(c).
[Ord. 525, 5/7/1996, Exhibit A, § 2; as amended
by Ord. 578, 6/13/2002, § 1]
1.Â
General prohibitions and standards. No user shall contribute, introduce
or cause to be contributed or introduced, directly or indirectly,
into the POTW any pollutant or wastewater which causes pass-through
or interference. These general prohibitions apply to all users of
the POTW, whether or not the user is subject to categorical pretreatment
standards or any other national, state or local pretreatment standards
or requirements.
2.Â
Specific prohibitions.
A.Â
No user
shall introduce or cause to
be introduced into the POTW the following pollutants, substances or
wastewater:
(1)Â
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, waste streams with a closed-cup flash
point of less than 140° F. (60° C.), using the test method
specified in 40 CFR 261.21.
(2)Â
Wastewater having a pH less than six or more than 10 or otherwise
causing corrosive structural damage to the POTW or equipment.
(3)Â
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW, resulting in interference, but in no case
solids greater than three inches in any dimension.
(4)Â
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW.
(5)Â
Wastewater having a temperature greater than 104° F. (40°
C.) being discharged into the sewage system, unless prior written
approval is obtained from the General Manager, or which will inhibit
biological activity in the POTW treatment plant, resulting in interference,
but in no case wastewater which causes the temperature at the introduction
into the POTW treatment plant to exceed 104° F. (40° C.).
(6)Â
Petroleum oil, nonbiodegradable cutting oil or products of mineral
origin, in amounts that will cause interference or pass-through.
(7)Â
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(9)Â
Noxious or malodorous liquids, gases, solids or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life or to prevent entry
into the sewage system for maintenance or repair.
(10)Â
Wastewater containing any radioactive wastes or isotopes, except
in compliance with applicable state or federal regulations.
(11)Â
Stormwater, surface water, groundwater, artisan well water,
roof runoff, subsurface drainage and swimming pool drainage, unless
specifically authorized by the General Manager.
(12)Â
Sludges, screenings or other residues from the pretreatment
of industrial wastes.
(13)Â
Medical wastes, except as specifically authorized by the General
Manager.
(14)Â
Wastewater causing, alone or in conjunction with other sources,
the POTW treatment plant's effluent to fail a toxicity test.
(15)Â
Detergents, surface-active agents or other substances which
may cause excessive foaming in the POTW.
(16)Â
Any substance which will cause the POTW to violate its NPDES
and/or state solid waste disposal permit or air quality and/or receiving
water quality standards.
B.Â
When
the General Manager determines that a user(s) is contributing to the
POTW any of the above-enumerated substances in such amounts as to
cause interference with the operation of the POTW and/or POTW treatment
plant, the General Manager shall advise the user(s) of the impact
of the contribution on the POTW and/or POTW treatment plant; develop
effluent limitation(s) for such user(s) to correct the interference
with the POTW and/or POTW treatment plant; and proceed with enforcement
pursuant to the provisions of this Part 1G and the enforcement response
resolution. Pollutants, substances or wastewater prohibited by this
section shall not be processed or stored in such a manner that they
have a reasonable potential to be discharged to the POTW.
3.Â
National Categorical Pretreatment Standards. The categorical pretreatment
standards found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471,
are hereby incorporated into this Part 1G by reference as though set
forth in full.
A.Â
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the General Manager may impose equivalent concentration or mass limits
in accordance with 40 CFR 403.6(c).
B.Â
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the General
Manager shall impose an alternate limit using the combined waste stream
formula in 40 CFR 403.6(c).
C.Â
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
D.Â
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
4.Â
Modification of National Categorical Pretreatment Standards. Where
the Control Authority's POTW treatment plant achieves consistent
removal of pollutants limited by national pretreatment standards,
the Control Authority may apply to the approval authority for modification
of specific limits in the national pretreatment standards. "Consistent
removal" shall mean reduction in the amount of a pollutant or alteration
of the nature of the pollutant by the POTW treatment plant to a less
toxic or harmless state in the effluent which is achieved by the POTW
treatment plant in 50% of the samples taken when measured according
to the procedures set forth in Section 403.7(b)(2) (40 CFR Part 403)
of the "General Pretreatment Regulations for Existing and New Sources
of Pollution" promulgated pursuant to the Act. The Control Authority
may then modify pollutant discharge limits in the national pretreatment
standards if the requirements contained in 40 CFR 403.7(a)(2) are
fulfilled and prior approval from the approval authority is obtained.
6.Â
Dilution. No user shall ever increase the use of process water or
in any way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The General Manager may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements or, in other cases, when the imposition of mass limitations
is appropriate.
7.Â
Local limits.
A.Â
The following
pollutant limits are established to protect against pass-through and
interference. No person shall discharge wastewater containing in excess
of the following:
Pollutant
|
Local Limit
(mg/l)
|
---|---|
Arsenic
|
0.84
|
Beryllium
|
0.84
|
Cadmium
|
0.12
|
Chromium (total)
|
5.00
|
Chromium (hexavalent)
|
0.63
|
Copper
|
0.22
|
Cyanide
|
9.85
|
Lead
|
0.12
|
Mercury
|
0.001
|
Nickel
|
5.00
|
Silver
|
2.36
|
Zinc
|
4.87
|
B.Â
The above
limits apply at the point where the wastewater is discharged to the
POTW. All concentration for metallic substances are for total metal
unless indicated otherwise. The General Manager may impose mass limitations
in addition to, or in place of, the concentration-based limitations
above. All test procedures shall conform to an approved analysis method
as indicated in 40 CFR Part 136.
8.Â
Accidental discharges.
A.Â
Each user shall provide protection from accidental discharges of
prohibited materials or other substances regulated by this Part 1G.
Where facilities are provided to prevent accidental discharge of prohibited
materials, these facilities shall be provided and maintained at the
owner or user's own cost and expense. In the case of an accidental
discharge, it shall be the responsibility of the user, upon discovery
and after assessing the situation and taking initial corrective action,
if possible, to immediately telephone and notify the General Manager
of the incident. The notification shall include the location of discharge,
type of waste, estimated concentration and volume, if known, and initial
corrective actions taken by the user.
B.Â
Written notice. Within five business days following an accidental
discharge, the user shall submit to the General Manager a detailed
written report describing the cause of the discharge, all corrective
measures implemented or attempted and measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expenses, loss, damage or other liability
which may be incurred as a result of damage to the POTW, fish kills
or any other damage to person or property, nor shall such notification
relieve the user of any fines, civil penalties or other liability
which may be imposed by this Part 1G or other applicable resolutions
or laws.
C.Â
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge. Employers shall
insure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
9.Â
Accidental discharge/slug control plans. An accidental discharge
or slug control plan may be required:
A.Â
For all new source users. Where required by the General Manager,
detailed plans showing facilities and operating procedures to provide
protection from accidental discharges or slugs shall be submitted
to the Control Authority for review and shall be approved by the Control
Authority before construction of the facility.
B.Â
For existing users. At least every two years, the General Manager
shall evaluate whether each user needs an accidental discharge/slug
control plan.
C.Â
When existing users is required by the General Manager to provide
and/or modify an accidental discharge/slug control plan, the user
shall provide the plan within 60 days of notification. Should the
plan require construction or implementation of measures to meet compliance,
the plan shall provide a schedule for those actions. After initial
review, should additional information be required to provide a complete
plan, it shall be furnished to the General Manager within 30 days.
Failure to submit a revised plan and/or failure to provide a complete
plan after the thirty-day submission period may render the wastewater
discharge permit void.
D.Â
If not specifically required by the General Manager, the information,
requirements, etc., called for in a plan are not waived by the Control
Authority, and the user shall, in their own and sole judgement, provide
all necessary items, procedures, etc., to prevent any accidental discharge
and/or slug discharge to the POTW.
E.Â
The Control Authority's review and approval of such plans and
operating procedures shall not relieve the user from the responsibility
to modify the user's facility as necessary to meet the requirements
of this Part 1G.
F.Â
The General Manager may require any user to develop, submit for approval
and implement such a plan. Alternatively, the General Manager may
develop such a plan for any user. An accidental discharge/slug control
plan shall address, at a minimum, the following:
(1)Â
Description of discharge practices, including nonroutine batch
discharges.
(2)Â
Description of stored chemicals.
(4)Â
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures shall include, but are not limited
to, inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
G.Â
An approved PaDEP pollution control prevention plan may substitute
for all or a portion of this plan.
10.Â
Hauled wastewater.
A.Â
Septic tank waste may be introduced into the POTW only at locations
designated by the General Manager and at such times as are established
by the General Manager. Such waste shall not violate any section of
this Part 1G or any other requirements established by the Control
Authority. The General Manager may require septic tank waste haulers
to obtain wastewater discharge permits.
B.Â
The General Manager shall require haulers of industrial waste to
obtain wastewater discharge permits. The General Manager may require
generators of hauled industrial waste to obtain wastewater discharge
permits. The General Manager also may prohibit the disposal of hauled
industrial waste. The discharge of hauled industrial waste is subject
to all other requirements of this Part 1G.
C.Â
Industrial waste haulers may discharge loads only at locations designated
by the General Manager. No load may be discharged to the POTW without
prior consent of the General Manager. The General Manager may collect
samples of each hauled load to ensure compliance with applicable standards.
The General Manager may require the industrial waste hauler to provide
a wastewater analysis of any load prior to discharge.
D.Â
Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of wastewater and volume and characteristics
of wastewater. The form shall identify the type of industry, known
or suspected wastewater constituents, and whether any wastewaters
are RCRA hazardous wastes.
[Ord. 525, 5/7/1996, Exhibit A, § 3]
1.Â
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this Part 1G and shall achieve compliance with all applicable categorical pretreatment standards, local limits and the prohibitions set out in § 18-182, Subsections 1 and 2, of this Part 1G within the time limitations specified by the agency issuing the standards. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the General Manager for review and shall be acceptable to the General Manager before such facilities are constructed. The Control Authority's review of such plans and operating procedures shall in no way relieve the user from the responsibility of additional or future modifications of such facilities as necessary to produce a discharge acceptable to the Control Authority under the provisions of this Part 1G.
2.Â
Additional pretreatment measures.
A.Â
Whenever deemed necessary, the General Manager may require users
to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only at specific points of the sewage
system, relocate and/or consolidate points of discharge, separate
sewage waste streams from industrial waste streams and/or such other
conditions as may be necessary to protect the POTW and determine the
user's compliance with the requirements of this Part 1G.
B.Â
The General Manager may require any person discharging into the POTW
to install and maintain on their property, and at their expense, a
suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
C.Â
Grease, oil and sand interceptors shall be provided when, in the
opinion of the General Manager, they are necessary for the proper
handling of wastewater containing excessive amounts of grease and
oil or sand, except that such interceptors shall not be required for
residential sources. All interceptor units shall be of type and capacity
approved by the General Manager and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned and repaired regularly, as needed, by the user
at their expense.
[Ord. 525, 5/7/1996, Exhibit A, § 4]
1.Â
Wastewater discharge. It shall be unlawful to discharge within any
area under the jurisdiction of the Control Authority and/or the POTW
any wastewater except as authorized by the General Manager in accordance
with the provisions of this Part 1G, subject to state and federal
laws and regulations.
2.Â
Wastewater analysis. When requested by the General Manager, a user
must submit information on the nature and characteristics of its wastewater
within 30 days of the request unless additional time is approved,
in writing, by the General Manager. The General Manager is authorized
to prepare a form for this purpose and may periodically require users
to update this information.
3.Â
Wastewater discharge permit requirement.
A.Â
No significant industrial user shall discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from the
General Manager. A user permitted by the Control Authority may discharge
for the time period specified in the wastewater discharge permit.
B.Â
The General Manager may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this Part
1G.
C.Â
Any violation of the terms and conditions of a wastewater discharge
permit shall also be deemed a violation of this Part 1G and shall
subject a wastewater discharge permittee to the sanctions set out
in this Part 1G. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all federal and
state pretreatment standards or requirements or with any other requirements
of federal, state and local law.
4.Â
Wastewater discharge permitting; existing connections.
A.Â
Any user required to obtain a wastewater discharge permit who was
discharging wastewater into the POTW prior to the effective date of
this Part 1G and who wishes to continue such discharges in the future
shall, within 30 days after said date, apply to the General Manager
for a wastewater discharge permit or request an extension of their
wastewater discharge permit in accordance with this Part 1G. The General
Manager may issue a new or temporary wastewater discharge permit without
requiring a new application from the user. When a new wastewater discharge
permit is required by the General Manager, a complete application
shall be submitted within 90 days of written notification.
B.Â
No user shall cause or allow discharges to the POTW to continue after
30 days of the effective date of this Part 1G except in accordance
with a wastewater discharge permit issued by the General Manager,
unless a written extension of an existing wastewater discharge permit
has been requested and/or approved by the General Manager.
5.Â
Wastewater discharge permit; new conditions. Any user required to
obtain a wastewater discharge permit who proposes to begin or recommence
discharging into the POTW must obtain a permit prior to the beginning
or recommencing of such discharge. An application for this wastewater
discharge permit, in accordance with this Part 1G, must be filed at
least 90 days prior to the date upon which any discharge will begin
or recommence.
6.Â
Wastewater discharge permit application contents.
A.Â
All users
required to obtain a wastewater discharge permit shall complete and
file with the Control Authority a permit application which incorporates
the information prescribed in this Part 1G. The General Manager may
require all users to submit as part of an application the following
information:
(2)Â
Description of activities, facilities and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW.
(3)Â
Number and type of employees, hours of operation and proposed
or actual hours of operation.
(4)Â
Each product produced by type, amount, process or processes
and rate of production.
(5)Â
Type and amount of raw materials processed (average and maximum
per day).
(6)Â
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge.
(7)Â
Time and duration of discharges.
(9)Â
Any other information as may be deemed necessary by the General
Manager to elevate the wastewater discharge permit application.
(10)Â
Information on any use-specific health and safety or chemical
awareness training required for Authority personnel prior to entry
into the user's facility.
B.Â
Incomplete
or inaccurate wastewater discharge permit applications will not be
processed and will be returned to the user for revision. All site
plans, floor plans, mechanical and plumbing plans, all other types
of construction plans and process diagrams which are subject to the
requirements of this Part 1G shall be signed by an authorized representative
of the user that is familiar with the information and its accuracy.
It is recommended that the above information be signed and sealed
by a professional engineer who is licensed in the Commonwealth of
Pennsylvania to ensure compliance with sound engineering and all applicable
federal, state and local codes and statutes.
7.Â
Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
     "I certify under penalty of law
that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system
or those persons directly responsible for gathering 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."
|
8.Â
Wastewater discharge permit. The General Manager will evaluate the
data furnished by the user and may require additional information.
Within 60 days of receipt of a complete wastewater discharge permit
application, the General Manager will determine whether or not to
issue a wastewater discharge permit. The General Manager may deny
any application for a wastewater permit which does not comply with
the requirements of this Part 1G or applicable federal and state laws
and regulations.
[Ord. 525, 5/7/1996, Exhibit A, § 5]
1.Â
Wastewater discharge permit duration. A wastewater discharge permit
shall be issued for a specified time period, not to exceed five years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period less than five years, at the discretion
of the General Manager. Each wastewater discharge permit will indicate
a specific date upon which it will expire.
2.Â
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the General Manager.
A.Â
Wastewater discharge permits must contain:
(1)Â
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
(2)Â
A statement that the wastewater discharge permit is nontransferable without prior notification to the Control Authority in accordance with § 18-185, Subsections 3 and 5, of this Part 1G and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
[Amended by Ord. 737, 1/19/2017]
(3)Â
Effluent limits based on applicable pretreatment standards.
(4)Â
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law.
(5)Â
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state and/or local law.
(6)Â
User data, based upon its application, where, within its property,
health and safety training is required for access.
B.Â
Wastewater drainage permits may contain, but need not be limited
to, the following conditions:
(1)Â
Limits on the average and/or maximum rate of discharge, time
of discharge and/or requirements for flow regulation and equalization.
(2)Â
Requirements for the installation of pretreatment technology,
pollution control or construction of appropriate containment devices
designed to reduce, eliminate or prevent the introduction of pollutants
into the POTW.
(3)Â
Requirements for the development and implementation of spill-control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
(4)Â
Development and implementation of waste-minimization plans to
reduce the amount of pollutants discharged to the POTW.
(5)Â
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
(6)Â
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(7)Â
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
(8)Â
Other conditions as deemed appropriate by the General Manager
to ensure compliance with this Part 1G and state and federal laws,
rules and regulations.
3.Â
Wastewater discharge permit appeals. The General Manager shall provide
public notice of the issuance of a wastewater discharge permit. Any
person, including the user, may petition the General Manager to reconsider
the terms of a wastewater discharge permit within 30 days of notice
of its issuance.
A.Â
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.Â
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C.Â
The conditions of the current wastewater discharge permit shall remain
in effect pending the appeal of the new wastewater discharge permit.
D.Â
If the General Manager fails to act within 30 days, a request for
reconsideration shall be deemed to be denied. Decision not to reconsider
a wastewater discharge permit, not to issue a wastewater discharge
permit or not to modify a wastewater discharge permit shall be considered
final administrative actions for purposes of judicial review.
E.Â
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Court of Common Pleas of Montgomery County, Pennsylvania,
within 30 days of the final administrative wastewater discharge permit
decision.
4.Â
Wastewater discharge permit modification. The General Manager may
modify a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
A.Â
To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
B.Â
To address significant alterations or additions to the user's
operation, processes or wastewater volume or character since the time
of wastewater discharge permit.
C.Â
To reflect a change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge.
D.Â
Information indicating that the permitted discharge poses a threat
to the Control Authority's POTW, Control Authority personnel
or the receiving waters.
E.Â
Violation of any terms or conditions of the wastewater discharge
permit.
F.Â
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
G.Â
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
H.Â
To correct typographical or other errors in the wastewater discharge
permit.
I.Â
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
5.Â
Wastewater discharge permit.
A.Â
A wastewater discharge permit is issued to a specific user for a
specific operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises
or a new or changed operation without the approval of the Control
Authority. Any succeeding owner or user shall also comply with the
terms and conditions of the existing permit, as well as any additional
terms or conditions which may be required as a result of the proposed
transfer.
B.Â
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 90 days' advance written
notice to the General Manager and the General Manager approves the
wastewater discharge permit transfer. The notice to the General Manager
must include a written certification by the new owner or operator
which:
C.Â
Failure to provide advance notice of a transfer shall render the
wastewater discharge permit void as of the date of facility transfer.
6.Â
Wastewater discharge permit revocation.
A.Â
The General
Manager may, in accordance with this Part 1G and the enforcement response
plan resolution, revoke a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(1)Â
Failure to notify the General Manager of significant changes
to the wastewater prior to the changed discharge.
(3)Â
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application.
(4)Â
Falsifying self-monitoring reports.
(5)Â
Tampering with monitoring equipment.
(6)Â
Refusing to allow the General Manager timely access to the facility
premises and records.
(7)Â
Failure to meet effluent limitations.
(8)Â
Failure to pay fines.
(9)Â
Failure to pay sewer charges.
(10)Â
Failure to meet compliance schedules.
(11)Â
Failure to complete a wastewater survey or the wastewater discharge
permit application.
(12)Â
Failure to provide advance notice of the transfer of business
ownership of a permitted facility.
(13)Â
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this Part 1G.
B.Â
Wastewater discharge permits shall be voidable upon cessation of operations for a period exceeding six months or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of the new wastewater discharge permit to that user or final administrative wastewater discharge permit in accordance with Subsection 3 of this section.
7.Â
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-184, Subsection 6, of this Part 1G, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. It is the responsibility of the user to request a wastewater discharge permit application form no less than 120 days prior to the expiration of the existing wastewater discharge permit. The application form shall include calibration reports on the required flow-monitoring devices used during the term of the prior wastewater discharge permit.
8.Â
Regulation of waste received from other jurisdictions.
A.Â
If another municipality or user located within another municipality
outside of the jurisdiction of the Control Authority contributes wastewater
to the POTW, the Control Authority shall enter into a binding agreement
with the contributing municipality.
B.Â
Prior to entering into an agreement required by Subsection 8A above,
the General Manager shall request the following information from the
contributing municipality:
C.Â
A binding agreement, as required by Subsection 8A above, shall contain
the following conditions:
(1)Â
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part 1G, an enforcement response plan resolution, a surcharge resolution and local limits which are at least as stringent as those set out in § 18-182, Subsection 7, of this Part 1G. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Control Authority's resolution(s) or local limits.
(2)Â
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis.
(3)Â
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling
and enforcement, will be conducted by the contributing municipality,
which of these activities will be conducted by the General Manager
and which of these activities will be conducted by the contributing
municipality and the General Manager.
(4)Â
A requirement for the contributing municipality to provide the
General Manager with access to all information that the contributing
municipality obtains as part of its pretreatment activities.
(5)Â
Limits on the nature, quality and volume of the contributing
municipality's wastewater at the point where it discharges to
the POTW.
(6)Â
Requirements for monitoring the contributing municipality's
discharge.
(7)Â
A provision ensuring the General Manager access to the facilities
of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling and any other duties
deemed necessary by the General Manager.
(8)Â
A provision specifying remedies available for breach of the
terms of the binding agreement and authorizing the Control Authority
to take legal action to enforce the terms of the contributing municipality's
ordinances or impose and enforce pretreatment standards.
[Ord. 525, 5/7/1996, Exhibit A, § 6]
1.Â
Baseline monitoring reports.
A.Â
Within 180 days after either the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing users currently discharging to or scheduled to discharge to the POTW shall submit to the General Manager a report which contains the information listed in Subsection 2 below. Where a user is not an existing categorical user, the user may request, in writing to the General Manager, that the provisions of the subsection be waived. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the General Manager a report which contains the information listed in Subsection 2 below. A new source shall report the method of pretreatment it intends to use to meet applicable standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.Â
Users described above shall submit the information set forth below:
(1)Â
Identifying information: the name and address of the facility,
including the name of the operator and owner.
(2)Â
Environmental permits: a list of any environmental control permits
held by or for the facility.
(3)Â
Description of operations: a brief description of the nature,
average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4)Â
Flow measurement: information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e). Required
flow-measuring device(s) shall be compatible with the process involved
and shall be accurate. The flow-measuring device(s) shall be calibrated
semiannually, which calibration reports shall be included as part
of the wastewater discharge permit application.
(5)Â
Measurement of pollutants:
(a)Â
The categorical pretreatment standards applicable to each regulated
process.
(b)Â
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the General Manager, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 18-186, Subsection 9, of this Part 1G.
(6)Â
Certification: a statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)Â
Compliance schedule: if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 18-186, Subsection 2, of this Part 1G.
2.Â
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection 1B(7) of this section:
A.Â
The schedule shall contain progress increments (milestones) in the
form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards.
(Such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction and beginning and
conducting routine operation.)
B.Â
No increment referred to above shall exceed nine months.
C.Â
The user shall submit a progress report to the General Manager no
later than 14 days following each date in the schedule and the final
date of compliance, including, at a minimum, whether or not it complied
with the increment of progress, including the overall completion date,
the reason for any delay, and, if appropriate, the steps being taken
by the user to return to the established schedule.
D.Â
In no event shall more than nine months elapse between such progress
reports to the General Manager.
3.Â
Reports on compliance with pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the General Manager a report containing the information described in Subsection 1B(4), (5) and (6) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 18-184, Subsection 7, of this Part 1G.
4.Â
Periodic compliance reports for all users.
A.Â
All significant and nonsignificant industrial users shall, at a frequency determined by the General Manager, but in no case less than semiannually, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and/or contained in a valid wastewater discharge permit and the measured or estimated average and maximum daily wastewater flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 18-184, Subsection 7, of this Part 1G.
B.Â
All wastewater samples must be representative of the user's
discharge. Wastewater-monitoring and flow-measurement facilities shall
be properly operated, kept clean and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
5.Â
Reports of changed conditions. Each user must notify the General
Manager of any planned significant changes to the user's operations
or system which might alter the nature, quality or volume of its wastewater
at least 90 days before the change occurs.
6.Â
Reports of potential problems.
A.Â
In the case of any discharge, including but not limited to accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge or a slug load, that may cause potential problems
for the POTW, the user, upon discovery and after assessing the situation
and taking initial corrective action, shall immediately telephone
and notify the General Manager of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and initial corrective actions taken by the
user.
B.Â
Within five business days following such discharge, the user shall
submit a detailed written report describing the cause(s) of the discharge
and the measures to be taken and/or have been implemented by the user
to prevent similar future occurrence. Such notification shall not
relieve the user of any expense, loss, damage or other liability which
may be incurred as a result of damage to the POTW, fish kills or any
other damage to person or property, nor shall such notification relieve
the user of any fines, penalties or other liability which may be imposed
pursuant to this Part 1G or other applicable resolutions or laws.
C.Â
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a discharge described in Subsection 6A above. Employers
shall ensure that all employees who may cause such a discharge to
occur are advised of the emergency notification procedure.
7.Â
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit may be required to provide appropriate
reports to the General Manager, as the General Manager shall require.
8.Â
Notice of violation/repeat sampling and reporting.
A.Â
If sampling performed by the user indicates a violation, the user
must notify the General Manager within 24 hours of becoming aware
of the violation. The user shall repeat the sampling within 96 hours
and shall submit the analytical results to the General Manager within
30 days of the repeat sampling.
B.Â
Where the user believes the first reported result(s) indicating a
violation(s) may be in error, the user may submit additional data
to support its position with the repeat sampling results.
C.Â
Where the user believes its facility continues in violation of its
wastewater discharge permit, the user shall notify the General Manager,
and the ninety-six-hour repeat sampling requirements of this subsection
shall commence at the point the user believes its facility has returned
to compliance.
D.Â
The user is not required to resample if the General Manager monitors
at the user's facility at least once a month or if the General Manager
samples between the user's initial sampling and when the user
receives the results of this sampling.
9.Â
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or periodic compliance report shall be performed in accordance
with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. If 40
CFR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, sampling and analysis must be performed
in accordance with procedures approved by the administrator.
10.Â
Sample collection.
A.Â
Except as in indicated in Subsection 10B below, the user must collect
wastewater samples using flow-proportional composite collection techniques.
In the event flow-proportional sampling is infeasible or not warranted
in the opinion of the General Manager, the General Manager may authorize
the use of time-proportional sampling or a minimum of four grab samples
where the user demonstrates that this will provide a representative
sample of the effluent being discharged or frequency of grab samples
acceptable to the General Manager. Alternate grab sampling procedures
shall be approved by the approval authority. In addition, grab samples
may be required to show compliance with instantaneous discharge limits.
B.Â
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides
and volatile organic compounds must be obtained using grab collection
techniques [a minimum of four grab samples must be taken as per 40
CFR 403.12(b)(5)(ii) or as indicated in Subsection 10A].
11.Â
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
12.Â
Recordkeeping. Users subject to the reporting requirements of this
Part 1G shall maintain, and make available for inspection and copying
by the General Manager, all records of information obtained pursuant
to any monitoring activities required by this Part 1G and any additional
records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Records shall
include the date, exact place, method and time of sampling, and the
name of the person(s) taking the samples, the dates analyses were
performed, who performed the analyses, the analytical techniques or
methods used, and the result of such analyses. These records shall
remain available for a period of at least three years. This period
shall be automatically extended for the duration of any litigation
concerning the users or the Control Authority or where the user has
been specifically notified of a longer retention by the General Manager.
13.Â
Notification of the discharge of hazardous waste.
A.Â
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and the state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection needs to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection 5 of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Subsections 1, 3 and 4 of this section.
B.Â
Dischargers are exempt from the requirements of Subsection 13A above
during a calendar month in which they discharge no more than 15 kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more
than 15 kilograms of nonacute hazardous wastes in a calendar month
or of any quantity of acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e) requires a one-time notification. Subsequent
months during which the user discharges more than such quantities
of any hazardous waste do not require additional notification.
C.Â
In the case of any new regulations under Section 3001 of the RCRA[1] identifying additional characteristics of hazardous waste
or listing any additional substances as a hazardous waste, the user
must notify the General Manager, the EPA Regional Waste Management
Division Director and state hazardous waste authorities of the discharge
of such substance within 90 days of the effective date of such regulations.
[1]
Editor's Note: See 42 U.S.C. § 6921.
D.Â
In the case of any notification made under this section, the user
shall certify that it 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.
[Ord. 525, 5/7/1996, Exhibit A, § 7]
1.Â
Right of entry; inspection and sampling. The General Manager shall
have the right to enter the premises of any user to determine whether
the user is complying with all requirements of this Part 1G and any
wastewater discharge permit or order issued hereunder. Users shall
allow the General Manager ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying and the performance of any additional duties required under
this Part 1G. A user shall not obstruct, block or otherwise interfere
with access to the sampling point(s).
A.Â
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the General Manager
shall be permitted to enter without delay for the purposes of performing
specific responsibilities.
B.Â
The General Manager shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
C.Â
The General Manager may require the user to install monitoring equipment
as necessary. This sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user
at its own expense. These devices used to measure wastewater flow
and quality shall be calibrated semiannually to ensure their accuracy.
D.Â
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written request of the General Manager and shall
not be replaced without approval of the General Manager. The costs
of clearing such access shall be borne by the user.
E.Â
Unreasonable delay in allowing the General Manager access to the
user's premises shall be a violation of this Part 1G.
2.Â
Search warrants. If the General Manager has been refused any records
or access to a building, structure or property, or any part thereof,
or if the General Manager believes that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the Control Authority designed to verify compliance with this Part
1G or any permit or order issued hereunder or to protect the overall
public health, safety and welfare of the community, then the General
Manager may seek issuance of a search warrant from the appropriate
judicial authority.
[Ord. 525, 5/7/1996, Exhibit A, § 8]
Information and data pertaining to a user obtained from reports,
surveys, wastewater discharge permit application forms, wastewater
discharge permit and monitoring programs and from the General Manager's
inspection and sampling activities shall be available to the public
without restriction, unless the user specifically requests and is
able to demonstrate, to the satisfaction of the General Manager, that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When demonstrated by the
user that such information should be held confidential, and upon written
request of the user, those portions of the information which disclose
trade secrets or secret processes shall not be made available for
inspection by the public, but shall be made available immediately
upon request to governmental agencies for uses related to the NPDES
program or pretreatment program and in enforcement proceedings involving
the person furnishing the report. When any such information shall
be furnished to a governmental agency, it shall be clearly identified
as confidential information and shall be segregated from any nonconfidential
information. Wastewater constituents and characteristics and other
effluent data, as defined by 40 CFR 2.302, will not be recognized
as confidential information and will be available to the public without
restriction.
[Ord. 525, 5/7/1996, Exhibit A, § 9]
The General Manager shall publish annually, in the largest daily
newspaper published within the boundaries of the service area of the
POTW, a list of users which, during the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and
requirements. The term "significant noncompliance" shall mean:
A.Â
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount.
B.Â
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equal or exceed the product of
the daily maximum limit or the average limit multiplied by the applicable
criterion (1.4 for BOD, TSS, fats, oils and grease; and 1.2 for all
other pollutants except pH).
C.Â
Any other discharge violation that the General Manager believes to
have caused, alone or in combination with other discharges, interference
or pass-through, including endangering the health of Control Authority
personnel or the general public.
D.Â
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment or has resulted
in the General Manager's exercise of his emergency authority
to halt or prevent such a discharge.
E.Â
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance.
F.Â
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance schedules.
G.Â
Failure to accurately report noncompliance.
H.Â
Any other violation(s) which the General Manager determines will
adversely affect the operation or implementation of the local pretreatment
program.
[Ord. 525, 5/7/1996, Exhibit A, § 10]
1.Â
Notification of violations. When the General Manager finds that a
user has violated or continues to violate any provision of this Part
1G, a wastewater discharge permit or order issued hereunder or any
other pretreatment standard or requirement, the General Manager may
serve upon that user a written notice of violation under the provisions
of the enforcement response plan resolution. Within 30 days of the
receipt of this notice, an explanation of the violation and plan for
satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the General Manager.
Submission of this plan in no way relieves the user of liability for
any violations occurring before or after receipt of the notice of
violation. Nothing in this section shall limit the authority of the
General Manager to take any action, including emergency actions or
any other enforcement action, without first issuing a notice of violation.
2.Â
Consent orders. The Control Authority may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections 4 and 5 of this section.
3.Â
Show cause hearing. The General Manager may order a user which has
violated or continues to violate any provision of this Part 1G, a
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement to appear before the General
Manager and show cause why the proposed enforcement action should
not be taken. Notice shall be served on the user specifying the time
and place for the meeting, the proposed enforcement action, the reasons
for such action and a request that the user show cause why the proposed
enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return
receipt requested) at least 10 days prior to the hearing. Such notice
may be served on any authorized representative of the user. A show
cause hearing shall not be a bar against or prerequisite for taking
any other action against the user.
4.Â
Compliance orders. When the General Manager finds that a user has
violated or continues to violate any provision of this Part 1G, a
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, the General Manager may issue
an order to the user responsible for the discharge directing that
the user come into compliance within a specified time. If the user
does not come into compliance within the time provided, wastewater
service may be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewage system. A compliance order may not extend
the deadline for compliance established for a pretreatment standard
or requirement, nor does a compliance order relieve the user of liability
for any violation, including any continuing violation. Issuance of
a compliance order shall not be a bar against or a prerequisite for
taking any other action against the user.
5.Â
Cease and desist orders.
A.Â
When
the General Manager finds that the user has violated or continues
to violate any provision of this Part 1G, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement
or that the user's past violations are likely to recur, the General
Manager may issue an order to the user directing it to cease and desist
all such violations and directing the user to:
B.Â
Issuance of a cease and desist order shall not be a bar against or
a prerequisite for taking any other action against the user.
6.Â
Administrative fines.
A.Â
When the General Manager finds that the user has violated or continues
to violate any provision of this Part 1G, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the General Manager may fine such user, in an amount not to exceed
the amount set forth in the enforcement response plan resolution,
for each violation, regardless of jurisdictional boundaries. Such
fines shall be assessed in accordance with the terms set forth in
the enforcement response plan resolution. In the case of monthly or
other long-term average discharge limits, fines shall be assessed
for each day during the period of violation.
B.Â
A lien against the user's property will be sought for unpaid
charges, fines and penalties.
C.Â
Users desiring to dispute such fines must file a written request
for the General Manager to reconsider the fine along with full payment
of the fine amount within 30 days of being notified of the fine. Where
a request has merit, the General Manager may convene a hearing on
the matter. In the event the user's appeal is successful, the
payment, together with any interest accruing thereto, shall be returned
to the user. The General Manager may add the cost of preparing administrative
enforcement actions, such as notices and orders, to the fine when
the fine, or portion of the fine, is substantiated.
D.Â
Issuance of an administrative fine shall not be a bar against or
a prerequisite for taking any other action against the user.
7.Â
Emergency suspension.
A.Â
The General
Manager may immediately suspend a user's discharge, after informal
notice to the user, whenever such suspension is necessary to stop
an actual or threatened discharge which reasonably appears to present
or cause an imminent or substantial endangerment to the health or
welfare of persons. The General Manager may also suspend a user's
discharge, after notice and opportunity to respond within 48 hours
after notification, that threatens to interfere with the operation
of the POTW or which presents or may present an endangerment to the
environment.
(1)Â
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the General Manager may take such steps as deemed necessary, including immediate severance of the connection to the sewage system, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The General Manager may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the General Manager, that the period of endangerment has passed, unless the termination proceedings in Subsection 8 of this section are initiated against the user.
(2)Â
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the General Manager prior to the date of any show cause or termination hearing under Subsection 3 or 8 of this section.
B.Â
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
8.Â
Termination of discharge.
A.Â
In addition to the provisions of § 18-185, Subsection 6, of this Part 1G, any user who violates the following conditions may be subject to discharge termination in accordance with the terms of this Part 1G or the enforcement response plan resolution:
(1)Â
Violation of wastewater discharge permit conditions.
(2)Â
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(3)Â
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge.
(4)Â
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling.
B.Â
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection 3 of this section why the proposed action should not be taken. Exercise of this option by the General Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
[Ord. 525, 5/7/1996, Exhibit A, § 11]
1.Â
Injunctive relief. When the General Manager finds that a user has
violated or continues to violate any provision of this Part 1G, a
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, the General Manager, on behalf
of the Control Authority, may petition the Court of Common Pleas of
Montgomery County, Pennsylvania, through the Control Authority's
attorney, for appropriate legal and equitable relief, including the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit requirements, order or other requirement imposed by this Part
1G on activities of the user. Relief requested may also include requirements
for environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against the user.
2.Â
Civil penalties.
A.Â
A user who has violated or continues to violate any provision of
this Part 1G, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement shall be liable
to the Control Authority for a maximum civil penalty of $25,000 per
violation per day. In the case of a monthly or other long-term average
discharge limit, penalties shall accrue for each day during the period
of the violation. Such penalty shall be assessed in accordance with
this Part 1G and the enforcement response plan resolution.
B.Â
The General Manager may recover reasonable attorneys' fees,
court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses and the cost of any actual
damages incurred by the Control Authority.
C.Â
In determining the amount of civil liability, there shall be taken
into account all relevant circumstances, including but not limited
to the extent of harm caused by the violation, the magnitude and duration
of the violation, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user and any other factor as justice requires.
D.Â
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against the user.
E.Â
In the event any user's violation(s) results in the imposition of
a fine or other penalty on the Control Authority by the EPA, the state
or any other agency, such violation(s) shall be punishable by a civil
penalty of not more than the dollar amount imposed upon the Control
Authority, plus its administrative, legal, and engineering costs and
expenses, but not more than $25,000 per day per violation. Any previous
fines or penalties assessed against the user shall be credited against
the civil penalty.
3.Â
Criminal prosecution. A user who willfully or negligently violates
any provision of this Part 1G, a wastewater discharge permit or order
issued hereunder or who willfully or negligently introduces any substance
into the POTW which causes personal injury or property damage or any
user who knowingly makes any false statements, representations or
certifications in any application, record, report, plan or other document
filed or required to be maintained pursuant to this Part 1G, a wastewater
discharge permit or order issued under this Part 1G or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this Part 1G may be subject to criminal prosecution
in accordance with the applicable provisions of the Pennsylvania Crimes
Code, 18 Pa.C.S.A. § 101 et seq.
4.Â
Remedies nonexclusive. The remedies provided for in this Part 1G
are not exclusive. The General Manager may take any, all or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will be in accordance with the Control Authority's
enforcement response plan resolution. However, the General Manager
may take other action against any user when the circumstances warrant.
Further, the General Manager is empowered to take more than one enforcement
action against any noncompliant user. Where the enforcement response
plan resolution does not provide guidelines on enforcement action
for a specific instance of noncompliance, the General Manager may
impose other appropriate enforcement action to address the noncompliance.
[Ord. 525, 5/7/1996, Exhibit A, § 12]
1.Â
Assessment of civil penalties.
A.Â
Pursuant to Act 9 of 1992, providing for enhanced penalty authority
for publicly owned treatment works which are authorized to enforce
industrial pretreatment standards for industrial waste discharges,
and in addition to proceeding under any other remedy available at
law or equity for violation of pretreatment standards and/or requirements,
the Control Authority, as the operator of a publicly owned treatment
works, may assess a civil penalty upon any user for violation of any
of the terms and provisions of this Part 1G. The penalty may be assessed
whether or not the violation was willful or negligent. The civil penalty
shall not exceed $25,000 per day for each violation, regardless of
jurisdictional boundaries. Each violation for each separate day shall
constitute a separate and distinct offense under this section.
B.Â
As part of any notice of assessment of civil penalties issued by
the Control Authority to any user, there shall also be included a
description of the applicable appeals process to be followed, including
the name, address and telephone number of the person responsible for
accepting such appeal on behalf of the Control Authority.
C.Â
For purposes of this section, a single operational upset that leads
to simultaneous violation of more than one pretreatment standard or
requirement shall be treated as a single violation as required by
the Federal Water Pollution Control Act. The Control Authority may,
however, recover its cost for reestablishing the operation of the
POTW treatment plant in addition to any civil penalty imposed under
this section.
D.Â
The civil penalty provided for in this Part 1G is the formal, written
civil penalty assessment policy of the Control Authority and shall
be publicly available. Each user participating in the pretreatment
program shall be given written notice of the policy. The penalty assessment
policy shall consider:
(1)Â
Damage to air, water, land or other natural resources of the
Commonwealth of Pennsylvania and their uses arising from discharge
from users to the POTW.
(2)Â
Cost of restoration and abatement.
(3)Â
Savings resulting to the person in consequence of the violation.
(4)Â
History of past violations.
(5)Â
Deterrence of future violations.
(6)Â
Other relevant factors.
E.Â
Uses for penalties. All civil penalties collected pursuant to this
section shall be placed by the Control Authority in a restricted account
and shall only be used by the Control Authority and the POTW for the
following uses:
(1)Â
The repair of damage and any additional maintenance needed or
any additional cost imposed as a result of the violation for which
the penalty was imposed.
(2)Â
Pay any penalties imposed on the Control Authority or the POTW
by the federal or state government for violation of pretreatment standards.
(3)Â
For the cost incurred by the Control Authority or POTW to investigate
and take the enforcement action that resulted in a penalty being imposed.
(4)Â
For the monitoring of discharges in the pretreatment program
and for capital improvements to the POTW treatment plant, including
the sewage system, which may be required by the pretreatment program.
(5)Â
Any remaining funds may be used for capital improvements to
the POTW treatment plant, including the sewage system.
F.Â
Injunctive relief.
(1)Â
The Control Authority shall have the power to obtain injunctive relief
to enforce compliance with or restrain any violation of any pretreatment
standards or requirements pursuant to and in accordance with the provisions
of Act 9 of 1992[1] and 40 CFR 403.8(f)(1)(vi)(A). Injunctive relief shall
be available upon the showing of one or more of the following:
(a)Â
A discharge from a user presents an imminent danger or substantial
harm to the POTW or the public.
(b)Â
A discharge from a user presents an imminent danger or substantial
endangerment to the environment.
(c)Â
A discharge from a user causes the POTW to violate any condition
of any of its permits.
(d)Â
The user has shown a lack of ability or intention to comply
with a pretreatment standard.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
(2)Â
Notwithstanding the preceding subsection, an injunction affecting
an industrial operation not directly related to the condition or violation
in question may be issued if the court determines that other enforcement
procedures would not be adequate to affect prompt correction of the
condition or violation. In addition to an injunction, the court in
any such proceeding may levy civil penalties in accordance with Act
9 of 1992 and this Part 1G.
G.Â
Appeal. A user assessed with a civil penalty under the terms of this
section shall have 30 days to pay the proposed penalty in full, or,
if the user wishes to contest either the amount of the penalty or
the fact of the violation, the user must file an appeal of the action
within 30 days pursuant to 2 Pa.C.S.A. (relating to administrative
law and procedure). Failure to appeal within this period shall result
in a waiver of all legal rights to contest the violation or the amount
of the penalty.
H.Â
The penalty authorized in this section is intended to be concurrent
and cumulative, and the provisions of this section shall not abridge
or alter any right of action or remedy, now or hereafter existing,
in equity or under the common law or statutory law, criminal or civil,
available to a person, the Township or the state.
2.Â
Falsifying information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this Part 1G or wastewater discharge permit or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this Part 1G shall be prosecuted in accordance
with the provisions of the Pennsylvania Crimes Code pertaining to
perjury and falsification in official matters pursuant to 18 Pa.C.S.A. § 4901
et seq.
[Ord. 525, 5/7/1996, Exhibit A, § 13]
1.Â
Upset.
A.Â
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
and other pretreatment standards because of factors beyond the reasonable
control of the 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.
B.Â
An upset shall constitute an affirmative defense to an action brought
for noncompliance with categorical and other pretreatment standards
if the requirements of Subsection 1C below are met.
C.Â
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs
or other relevant evidence that:
(1)Â
An upset occurred and the user can identify the cause(s) of
the upset.
(2)Â
The facility was, at the time, being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
(3)Â
The user has submitted the following information to the General
Manager within 24 hours of becoming aware of the upset; if this information
is provided orally, a written submission must be provided within five
business days:
(a)Â
A description of the indirect discharge and cause of noncompliance.
(b)Â
The period of noncompliance, including exact dates and times,
or, if not corrected, the anticipated time the noncompliance is expected
to continue.
(c)Â
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
D.Â
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
E.Â
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical and other pretreatment standards.
F.Â
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical and other pretreatment standards
upon reduction, loss or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
2.Â
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it alleging a violation of the general prohibition in § 18-182, Subsection 1, of this Part 1G or the specific prohibitions in § 18-182, Subsection 2, of this Part 1G, except Subsection 2A, B and H, if it can demonstrate that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A.Â
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass-through
or interference; or
B.Â
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when
the Control Authority was regularly in compliance with its NPDES permit
and, in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
3.Â
Bypass.
A.Â
BYPASS
SEVERE PROPERTY DAMAGE
For the purpose of this section, the followings terms shall have
the meanings indicated:
The intentional diversion of waste streams from any portion
of a user's treatment facility.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. "Severe property damage" does
not mean economic loss caused by delays in production.
B.Â
A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses
are not subject to the provisions of Subsection 3C and D of this section.
C.Â
Notice.
(1)Â
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the General Manager at least 10 days before
the date of the bypass, if possible.
(2)Â
A user shall submit oral notice to the General Manager of an
unanticipated bypass that exceeds applicable pretreatment standards
within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five business days of the
time the user becomes aware of the bypass. The written submission
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 and prevent reoccurrence
of the bypass.
D.Â
Bypass is prohibited.
(1)Â
Bypass is prohibited, and the General Manager may take an enforcement
action against a user for a bypass, unless:
(a)Â
Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage.
(b)Â
There was no feasible alternative to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance.
(c)Â
The user submitted notices as required under Subsection 3C of
this section.