[Adopted 3-19-2001 by Ord. No. 989]
A.
Purpose and policy.
(1)
This article sets forth uniform requirements for users of the publicly
owned treatment works for the Township of North Versailles and enables
the Municipal Authority of the City of McKeesport 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 403). The objectives of this article are:
(a)
To prevent the introduction of pollutants into the publicly
owned treatment works that will interfere with its operation;
(b)
To prevent the introduction of pollutants into the publicly
owned treatment works that will pass-through the publicly owned works,
inadequately treated, into receiving waters, or otherwise be incompatible
with the publicly owned treatment works;
(c)
To protect both publicly owned treatment works personnel who
may be affected by wastewater and sludge in the course of their employment
and the general public;
(d)
To promote reuse and recycling of industrial wastewater and
sludge from the publicly owned treatment works;
(e)
To provide for fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the publicly owned treatment
works; and
(f)
To enable the Municipal Authority of the City of McKeesport
to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other
federal or state laws to which the publicly owned treatment works
is subject.
(2)
This article shall apply to all users of the publicly owned treatment
works. This article authorizes the issuance of wastewater discharge
permits; provides for 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.
Administration. Except as otherwise provided herein, the Municipal
Authority of the City of McKeesport shall administer, implement, and
enforce the provisions of this article. Any powers granted to or duties
imposed upon the Municipal Authority of the City of McKeesport may
be delegated by the Authority to other Authority personnel.
C.
Abbreviations. The following abbreviations, when used in this article,
shall have the designated meanings:
Abbreviation
|
Meaning
| |
---|---|---|
BOD
|
Biochemical oxygen demand
| |
CFR
|
Code of Federal Regulations
| |
COD
|
Chemical oxygen demand
| |
EPA
|
U.S. Environmental Protection Agency
| |
gpd
|
gallons per day
| |
mg/l
|
milligrams per liter
| |
MACM
|
Municipal Authority of the City of McKeesport
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
POTW
|
Publicly owned treatment works
| |
RCRA
|
Resource Conservation and Recovery Act[1]
| |
SIC
|
Standard industrial classification
| |
TSS
|
Total suspended solids
| |
U.S.C.
|
United States Code
|
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
D.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(1)
(a)
(b)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MEDICAL WASTE
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SLUG LOAD or SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUSPENDED SOLIDS
TOWNSHIP
USER or INDUSTRIAL USER
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article, 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 Regional Administrator of EPA, Region III.
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 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 of 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 (1) through (3), 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 Municipal Authority of the City of McKeesport.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 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 through
471.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by 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]
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.[3]
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and, therefore, is a cause of a violation the MACM NPDES
permit 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;[4] the Solid Waste Disposal Act,[5] including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); 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;[6] the Toxic Substances Control Act;[7] and the Marine Protection, Research, and Sanctuaries Act.
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 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
under Section 307(c) of the Act[8] 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; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the 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 integrated with the existing plant, and 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 (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
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;
or
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; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are 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 subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a violation
of any requirement of MACM 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.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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 reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, 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 pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 238-14A of this article.
A "treatment works" as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by McKeesport or MACM.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant.
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.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, 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 plant; or
Is designated as such by MACM on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, MACM may, at any time, on its own initiative or in response to a petition received 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 discharge of a nonroutine episodic nature or a flow-rate or concentration which would cause a violation of the prohibited standards in § 238-14A of this article.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
The Township of North Versailles or the Commissioners of
North Versailles or MACM.[9]
A source of indirect discharge.
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.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
[2]
Editor's Note: See 33 U.S.C. § 1317.
[3]
Editor's Note: See 33 U.S.C. § 1317(b) and (c)
[4]
Editor's Note: See 33 U.S.C. § 1345.
[5]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[6]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[7]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[8]
Editor's Note: See 33 U.S.C. § 1317(c).
A.
Prohibited discharge standards.
(1)
General prohibitions. No user shall introduce or cause to be introduced
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 they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements.
(2)
Specific prohibitions. No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances, or wastewater:
(a)
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, waste streams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21;
(b)
Wastewater having a pH less than 5.0 or otherwise causing corrosive
structural damage to the POTW or equipment;
(c)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference;
(d)
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;
(e)
Wastewater with a temperature which will inhibit biological
activity in the treatment plant resulting in interference, but in
no case wastewater which causes the temperature at the introduction
into the treatment plant to exceed 104° F. (40° C.);
(f)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass-through;
(g)
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;
(h)
Trucked or hauled pollutants, except at discharge points designated by MACM in accordance with § 238-15D of this article;
(i)
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 sewers for maintenance or repair;
(j)
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating MACM NPDES permit;
(k)
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
(l)
Stormwater, surface water, ground water, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted wastewater,
unless specifically authorized by MACM.
(m)
Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(n)
Medical wastes, except as specifically authorized by MACM in
a wastewater discharge permit;
(o)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(p)
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW;
(q)
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW, or at any point in the POTW,
of more than 5% or any single reading over 10% of the lower explosive
limit of the meter.
(3)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
B.
National categorical pretreatment standards. The categorical pretreatment
standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through
471, are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
MACM may impose equivalent concentration or mass limits in accordance
with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, MACM shall
impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
(3)
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.
(4)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
C.
State pretreatment standards. (Reserved.)
D.
Local limits.
(1)
No industrial user shall discharge wastewater containing a mass of
any pollutant which, when taken together with the mass of that pollutant
discharged by all other industrial users, will cause the mass of the
pollutant to exceed the mass of that pollutant specified in the headworks
industrial allowance which has been approved by the approval authority
for the POTW into which the industrial user discharges.
(2)
MACM may establish local limits regulating the discharge of specific
pollutants by industrial users. Discharging any pollutant in excess
of a local limit or an industrial user's permit shall constitute
a violation of this article.
E.
MACM's right of revision. MACM reserves the right to establish,
by ordinance or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW.
F.
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. MACM 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.
A.
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 238-14A of this article within the time limitations specified by EPA, the state, or MACM, whichever is more stringent. 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 MACM for review, and shall be acceptable to MACM before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to MACM under the provisions of this article.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, MACM may require users to restrict their
discharge peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage waste streams from industrial
waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of this article.
(2)
MACM may require any person discharging into the POTW to install
and maintain, on his or her property and at his or her expense, a
suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
(3)
Grease, oil, and sand interceptors shall be provided when, in the
opinion of MACM, 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 users. All
interception units shall be of type and capacity approved by MACM
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.
(4)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
C.
Accidental discharge/slug control plans. At least once every two
years, MACM shall evaluate whether each significant industrial user
needs an accidental discharge/slug control plan. MACM may require
any user to develop, submit for approval, and implement such a plan.
Alternatively, MACM may develop such a plan for any user. An accidental
discharge/slug control plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying MACM of any accidental or slug discharge, as required by § 238-18F of this article; and
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures 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.
D.
Hauled wastewater.
(1)
Septic tank waste or municipal digested sewage sludge may be introduced into the POTW only at locations designated by MACM, and at such times as are established by MACM. Such waste shall not violate § 238-14 of this article or any other requirements established by MACM. MACM may require waste haulers to obtain wastewater discharge permits.
(2)
MACM shall require haulers of industrial waste to obtain wastewater
discharge permits. MACM may require generators of hauled industrial
waste to obtain wastewater discharge permits. MACM also may prohibit
the disposal of hauled industrial waste. The discharge of hauled industrial
waste is subject to all other requirements of this article.
(3)
Industrial waste haulers may discharge loads only at locations designated
by MACM. No load may be discharged without prior consent of MACM.
MACM may collect samples of each hauled load to ensure compliance
with applicable standards. MACM may require the industrial waste hauler
to provide a waste analysis of any load prior to discharge.
(4)
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 waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
A.
Wastewater analysis. When requested by MACM, a user must submit information
on the nature and characteristics of its wastewater within 60 days
of the request. MACM is authorized to prepare a form for this purpose
and may periodically require users to update this information.
B.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from MACM, except that a significant industrial user that has filed a timely application pursuant to Subsection C of this section may continue to discharge for the time period specified therein.
(2)
MACM may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this article.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 238-22 through 238-24 of this article. 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.
C.
Wastewater discharge permitting: existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future shall, within 60 days after said date, apply to MACM for a wastewater discharge permit in accordance with Subsection E of this section, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this article except in accordance with a wastewater discharge permit issued by MACM.
D.
Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection E of this section, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
E.
Wastewater discharge permit application contents.
(1)
All users required to obtain a wastewater discharge permit must submit
a permit application. MACM may require all users to submit as part
of an application the following information:
(a)
All information required by § 238-18B(2) of this article;
(b)
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;
(c)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(d)
Each product produced by type, amount, process or processes,
and rate of production;
(e)
Type and amount of raw materials processed (average and maximum
per day);
(f)
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;
(g)
Time and duration of discharges; and
(h)
Any other information as may be deemed necessary by MACM to
evaluate the wastewater discharge permit application.
(2)
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
F.
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 the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
G.
Wastewater discharge permit decisions. MACM 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,
MACM will determine whether or not to issue a wastewater discharge
permit. MACM may deny any application for a wastewater discharge permit.
A.
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 MACM. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
B.
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
MACM to prevent pass-through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(b)
A statement that the wastewater discharge permit is nontransferrable without prior notification to MACM in accordance with § 238-17E of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c)
Effluent limits based on applicable pretreatment standards;
(d)
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; and
(e)
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, or local law.
(2)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(a)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(b)
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 treatment works;
(c)
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;
(d)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(e)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(f)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(g)
A statement that compliance with the wastewater discharge permit
does not relieve the permitee 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; and
(h)
Other conditions as deemed appropriate by MACM to ensure compliance
with this article, and state and federal laws, rules, and regulations.
C.
Wastewater discharge permit appeals. MACM shall issue industrial
wastewater discharge permits. Any person, including the user, may
petition MACM to reconsider the terms of a wastewater discharge permit
within 30 days of its issuance.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(2)
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.
(3)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(4)
If MACM fails to act within 60 days, a request for reconsideration
shall be deemed to be denied. Decisions 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.
(5)
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Allegheny County Court of Common Pleas.
D.
Wastewater discharge permit modification. MACM may modify a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to MACM's POTW, MACM personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or any required reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit; or
(9)
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
E.
Wastewater discharge permit transfer.
(1)
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 60 days' advance notice
to MACM and MACM approves the wastewater discharge permit transfer.
The notice to MACM must include a written certification by the new
owner or operator which:
(2)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
F.
Wastewater discharge permit revocation.
(1)
MACM may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(a)
Failure to notify MACM of significant changes to the wastewater
prior to the changed discharge;
(b)
Failure to provide prior notification to MACM of changed conditions pursuant to § 238-18E of this article;
(c)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow MACM timely access to the facility premises
and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(l)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(m)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this article.
(2)
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
G.
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 Subsection E of this section, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
H.
Regulation of waste received from other jurisdictions.
(1)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, MACM shall enter into an intermunicipal
agreement with the contributing municipality.
(2)
Prior to entering into an agreement required by Subsection H(1), above, MACM shall request the following information from the contributing municipality:
(3)
An intermunicipal agreement, as required by Subsection H(1) above, shall contain the following conditions:
(a)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in § 238-14D of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to MACM's ordinance or local limits;
(b)
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
(c)
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 MACM; and which of
these activities will be conducted jointly by the contributing municipality
and MACM;
(d)
A requirement for the contributing municipality to provide MACM
with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
(e)
A provision ensuring MACM 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 MACM.
A.
Baseline monitoring reports.
(1)
Within either 180 days after 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 categorical users currently discharging to or scheduled to discharge to the POTW shall submit to MACM a report which contains the information listed in Subsection A(2), below. 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 MACM a report which contains the information listed in Subsection A(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
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.
(d)
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).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards applicable to each regulated
process.
[2]
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by MACM, 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 Subsection J of this section.
(f)
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.
(g)
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 Subsection B of this section.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection A(2)(g) of this section:
(1)
The schedule shall contain progress increments 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);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to MACM no later than 14
days following each date in the schedule and the final date of compliance
including, as a minimum, whether or not it complied with the increment
of progress, the reason for any delay, and, if appropriate, the steps
being taken by the user to return to the established schedule; and
(4)
In no event shall more than nine months elapse between such progress
reports to MACM.
C.
Reports on compliance with categorical 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 MACM a report containing the information described in Subsection A(2)(d) through (f) 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 categorical 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 § 238-16F of this article.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by MACM but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 238-16F of this article.
(2)
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.
E.
Reports of changed conditions. Each user must notify MACM 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.
(1)
MACM may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 238-16E of this article.
(3)
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater and the discharge
of any previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge that may cause potential problems for
the POTW, including, but not limited to, accidental discharges, discharges
of nonroutine, episodic nature, a noncustomary batch discharge, or
a slug load, the user shall immediately telephone and notify MACM
of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
(2)
Within five days following such discharge, the user shall, unless
waived by MACM, submit a detailed written report describing the cause(s)
of the discharge and the measures to be taken by the user to prevent
similar future occurrences. 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, natural resources, 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 article.
(3)
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 F(1), above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
MACM as MACM may require.
H.
Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify MACM within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to MACM within 30 days after becoming aware of the violation. The
user is not required to resample if MACM monitors at the user's
facility at least once a month, or if MACM samples between the user's
initial sampling and when the user receives the results of this sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and 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 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 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 need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection E 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 A, E, and D of this section.
(2)
Dischargers are exempt from the requirements of Subsection I(1), 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.
(3)
In the case of any new regulations under Section 3001 of RCRA[1] identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify MACM, 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.
(4)
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.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
J.
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
K.
Sample collection.
(1)
Except as indicated in Subsection K(2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, MACM 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. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
L.
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.
M.
Recordkeeping. Users subject to the reporting requirements of this
article shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this article and 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 date analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results 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 user or MACM, or where
the user has been specifically notified of a longer retention period
by MACM.
Right of entry: inspection and sampling. MACM shall have the
right to enter the premises of any user to determine whether the user
is complying with all requirements of this article and any wastewater
discharge permit or order issued hereunder. User shall allow MACM
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.
A.
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, MACM will be permitted
to enter without delay for the purposes of performing specific responsibilities.
B.
MACM 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.
MACM may require the user to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated to ensure their accuracy.
D.
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 or verbal request of MACM and shall not
be replaced. The costs of clearing such access shall be borne by the
user.
E.
Unreasonable delays in allowing MACM access to the user's premises
shall be a violation of this article.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from MACM'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 MACM, 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 requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available 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.
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.
MACM shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term "significant noncompliance" shall mean:
A.
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.
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
criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH);
C.
Any other discharge violation that MACM believes has caused, alone
or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in MACM's
exercise of its emergency authority to halt or prevent such a discharge;
E.
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.
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 with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which MACM determines will adversely affect
the operation or implementation of the local pretreatment program.
A.
Notification of violation. When MACM finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, MACM may serve upon that user a written notice
of violation. Within five days of the receipt of this notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
by the user to MACM. 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 MACM to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
B.
Consent orders. MACM 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 D and E of this section and shall be judicially enforceable.
C.
Show-cause hearing. MACM may order a user which has violated, or
continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before MACM 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.
D.
Compliance orders. When MACM finds that a user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, MACM 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, sewer 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 sewer. 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.
E.
Cease and desist orders.
(1)
When MACM finds that a user has violated, or continues to violate,
any provision of this article, 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, MACM
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
(2)
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
F.
Administrative fines.
(1)
When MACM finds that a user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
MACM may assess a civil penalty in an amount not to exceed $25,000
per day for each violation. Each violation for each separate day shall
constitute a separate and distinct offense. MACM may recover its costs
for reestablishing the operating of the POTW in addition to any civil
penalty imposed hereunder. In addition, MACM may recover attorney's
fees, all court costs, and all other expenses of litigation to the
extent permitted by law.
(2)
Users desiring to dispute such fines must file a written request
for MACM 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, MACM 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. MACM may
add the costs of preparing administrative enforcement actions, such
as notices and orders, to the fine.
(3)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
G.
Emergency suspensions.
(1)
MACM 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. MACM may also immediately suspend a user's
discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the POTW, or which presents, or
may present, an endangerment to the environment.
(a)
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, MACM may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. MACM may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of MACM that the period of endangerment has passed, unless the termination proceedings in Subsection H of this section are initiated against the user.
(b)
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 MACM prior to the date of any show-cause or termination hearing under Subsection C or H of this section.
(2)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
H.
Termination of discharge.
(1)
In addition to the provisions in § 238-17F of this article, any user who violates the following conditions is subject to discharge termination:
(a)
Violation of wastewater discharge permit conditions;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection C of this section why the proposed action should not be taken. Exercise of this option by MACM shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
Injunctive relief. When MACM finds that a user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, MACM may petition the Court of Common Pleas of Allegheny
County through MACM's attorney for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order,
or other requirement imposed by this article on activities of the
user. MACM may also seek such other action as is appropriate for legal
and/or equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against the user.
B.
Civil penalties.
(1)
A user who has violated, or continues to violate, any provision of
this article, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall be liable
to MACM for a maximum civil penalty not to exceed $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 violation.
(2)
MACM may recover reasonable attorney's fees, court costs, and
other expenses associated with enforcement activities, including sampling
and monitoring expenses, and the cost of any actual damages incurred
by MACM.
(3)
In determining the amount of civil liability, the Court shall take
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.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against the user.
C.
Criminal penalties. 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 article or pretreatment permit, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required under this article shall, upon conviction, be punished by
a fine of not more than $1,000 or by imprisonment for not more than
30 days, or both. Each occurrence shall be a separate offense. This
section shall not preclude prosecution under the Pennsylvania Crimes
Code.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
D.
Remedies nonexclusive. The remedies provided for in this article
are not exclusive. MACM may take any, all, or any combination of these
actions against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with MACM's enforcement response
plan. However, MACM may take other action against any user when the
circumstances warrant. Further, MACM is empowered to take more than
one enforcement action against any noncompliant user.
A.
Upset.
(1)
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
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.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3), below, are met.
(3)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs
or other relevant evidence, that:
(a)
An upset occurred and the user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(c)
The user has submitted the following information to MACM within
24 hours of becoming aware of the upset:
[1]
A description of the indirect discharge and cause of noncompliance;
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
[3]
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical 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.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general provisions in § 328-14A(1) of this article or the specific prohibitions in § 238-14A(2)(c) through (q), excluding (h), of this article if it can prove 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:
(1)
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
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when
MACM was regularly in compliance with its NPDES permit, and, in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
C.
Bypass.
(1)
BYPASS
SEVERE PROPERTY DAMAGE
For the purposes of this section, the following 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.
(2)
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 provision of Subsections B(3) and (4) of this
section.
(3)
Time frame for notification.
(a)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to MACM, at least 10 days before the date of the
bypass, if possible.
(b)
A user shall submit oral notice to MACM 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 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.
MACM may waive the written report on a case-by-case basis if the oral
report has been received within 24 hours.
(4)
Prohibition; exception.
(a)
Bypass is prohibited, and MACM may take enforcement action against
the user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
[2]
There were no feasible alternatives 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 preventive
maintenance; and
A.
Pretreatment
charges and fees. MACM may adopt reasonable fees for reimbursement
of costs of setting up and operating MACM's pretreatment program,
which may include:
(1)
Fees
for wastewater discharge permit applications, including the cost of
processing such applications;
(2)
Fees
for monitoring, inspection, and surveillance procedures, including
the cost of collection and analyzing a user's discharge and reviewing
monitoring reports submitted by users;
(3)
Costs
for reviewing and responding to accidental discharge procedures and
construction;
(4)
Costs
for filing appeals; and
(5)
Other
fees and costs as MACM may deem necessary to carry out the requirements
contained herein.
B.
These
relate solely to the matters covered by this article and are separate
from all other fees, fines, and penalties chargeable by the federal
or state governmental agencies.