Township of Hatfield, PA Pretreatment Program

Prevent the introduction of pollutants into the POTW operated by the Authority which will interfere with the operation of the system or contaminate the resulting residuals and/or sludge or otherwise inhibit the treatment process.

Prevent the Authority from violating its NPDES discharge permit.

Prevent the introduction of pollutants into the POTW operated by the Authority system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

Improve the opportunity to recycle and reclaim wastewaters and sludges from the POTW.

Provide for equitable distribution of the cost of the POTW operated by the Authority.

Protect the general public and Authority personnel who may be affected by wastewater and sludge in the course of their employment.

Enable the Authority to comply with its NPDES permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject and to empower the POTW to enforce penalties against violators as required by its Enforcement Response Guide and by federal and state law.

This article:

Provides for the regulation of direct and indirect dischargers to the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users;

Authorizes monitoring and enforcement activities;

Requires user reporting;

Assumes that existing customers capacity (hydraulic) will not be preempted except in the case of an emergency; and

AUTHORIZED REPRESENTATIVE

Provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This article shall apply to the Township and to persons outside the Township who are users of the Authority's POTW.

The Township appoints the Authority as its agent for the purposes of administering the pretreatment program provisions contained within this article. All notifications and documents (including, but not limited to, reports and applications) required by this article to be submitted to the Township shall also be submitted to the Authority. The Authority is hereby authorized to develop all procedures to implement the pretreatment program set forth herein and otherwise administer the provisions of this article to the extent authorized by law. Administrative enforcement actions, as set forth in § 224-29 of this article, may be taken by the Authority, acting as an agent of the Township to the extent authorized by law. On the appeal of an action of the Authority by any person, the Township may assign the hearing of the appeal and the right to make final decisions to the Authority to the extent authorized by law.

§ 224-20 Definitions; abbreviations.

Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Article III, shall have the meanings hereinafter designated, and if no definition is set forth in Article III, the definition provided in Article II shall apply:

ACT or THE ACT

The Federal Water pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or an NPDES state without an approved state pretreatment program.

AUTHORITY

Hatfield Township Municipal Authority.

An authorized representative of an industrial, commercial, institutional, or significant industrial user may be:

If the user is a corporation:

A responsible corporate officer of the level of president, vice president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

The manager of one or more manufacturing, production, or operating facilities, provided that the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations; can initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions are taken to gather complete and accurate information for individual wastewater discharge requirements; and has been assigned or delegated the authority to sign documents in accordance with corporate procedures;

A general partner or a proprietor if the industrial user is a partnership or a proprietorship, respectively;

A duly authorized representative of the individual designated in Subsection (1) or (2) above if:

The authorization is made in writing by the individual described in Subsection (1)(a);

The authorization specifies either an individual or a position having responsibility for the overall operation of the facilities from which the indirect discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

The written authorization is submitted to the Authority;

BASELINE MONITORING REPORT (BMR)

If the industrial user is a federal, state or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

Report required for users subject to federal categorical standards to be completed within 180 days after the effective date for existing sources of discharge and to be completed 90 days prior to discharging for new sources of discharge.

BEST MANAGEMENT PRACTICES (BMPs)

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 224-21. Best management practices include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Best management practices also include alternative means (i.e., management plans) of complying with or in place of certain established categorical pretreatment standards and effluent limits.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

CATEGORICAL PRETREATMENT STANDARDS

Technology-based national categorical pretreatment standards or pretreatment standards promulgated by the EPA for a major category of industrial users.

COLOR

The optical density at the visual wavelength of maximum absorption, relative to distilled water. One-hundred-percent transmittance is equivalent to zero optical density.

COMBINED WASTE STREAM

The sum total of all wastewater discharges from any facility resulting from domestic and nondomestic uses.

COMPOSITE SAMPLE

The combination of individual samples obtained at regular intervals over a period of time. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates over the time period used to produce the composite. The maximum time period between individual samples shall not exceed two hours.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which heat is added. Cooling water includes contact cooling water, which is water for cooling that comes into direct contact with raw materials, intermediate products, waste products, or finished products, and noncontact cooling water, which is water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

DAILY MAXIMUM LIMIT

The arithmetic average of all effluent samples for a pollutant collected during a continuous period of 24 hours.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

ENFORCEMENT RESPONSE PLAN

The plan developed by the Authority, pursuant to 40 CFR 403, to address any activities by any user inconsistent with the provisions of this article.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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 the EPA.

EXISTING SOURCE

Any source of discharge that is not a new source.

GRAB SAMPLE

The sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and collected over a period of time not exceeding 15 minutes but shall reasonably represent actual discharge conditions at that time.

HOLDING TANK WASTE

Any waste originating from a holding tank that does not include a drain field and must be frequently emptied (i.e., retention tanks, chemical toilets, camper/trailer tanks). This includes waste of domestic origin only.

INDIRECT DISCHARGE or DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source into the POTW, including holding tank waste discharged into the system.

INDUSTRIAL USER

Any person who introduces pollutants into a POTW from any nonresidential source regulated under the Act, state law, or local ordinance.

INSTANTANEOUS LIMIT

The maximum concentration (or loading) 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 flow rate and the duration of the sampling event.

INTERFERENCE

A discharge that, alone or in conjunction with a discharge or discharges from other sources, both causes the inhibition or disruption of the POTW treatment processes or operations, or its sludge processes, use or disposal, and which contributes to a violation of any requirements of the POTWs NPDES permit (including an increase in the magnitude or duration of a violation). The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV (Subtitle D) of the SWDA, applicable to the method of disposal or use employed by the POTW.

LOCAL LIMIT

Specific discharge limits developed and enforced by the Authority upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

MONTHLY AVERAGE

The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT

The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342) and 33 U.S.C. § 1311 for the direct discharge of pollutants into waterways of the United States.

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Term as defined under 40 CFR 403.3(m).

NONRESIDENTIAL WASTEWATER DISCHARGE

Any and all wastewater discharges originating from a facility other than a unit used for residential purposes.

NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER

A user as defined in 40 CFR 403.3(v)(2) and (3) or as subsequently amended by applicable federal regulations.

[Added 2-28-2018 by Ord. No. 676]

PASS THROUGH

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, are a cause of a violation of any requirements of the POTWs NPDES permit, including an increase in the magnitude or duration of a violation.

PERMIT

Written permission by the Authority for nonresidential wastewater discharge to the POTW.

PERSON

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. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

The measure of the intensity of the acidic or alkaline character of a material, liquid or solid. pH is represented on a scale of zero to 14, with seven representing a neutral state, zero representing the most acidic, and 14 representing the most alkaline.

POLLUTANT

Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement imposed on a user related to pretreatment other than a pretreatment standard.

PRETREATMENT STANDARD OR STANDARDS

Prohibitive discharge standards, categorical pretreatment standards, and local limits.

PROCESS WASTEWATER

Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product, excluding sanitary wastes, noncontact cooling water, and boiler blowdown.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 224-21 of this article.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Township and operated by the Authority. This definition includes any portion of the sewer system that conveys wastewater to the POTW treatment plant. For the purposes of this article, "POTW" shall also include any sewer facilities that convey wastewaters to the POTW from persons outside the Township who are, by contract or agreement with the Township, users of the POTW.

SEPTIC TANK WASTE

Any waste originating from a functional or nonfunctional septic tank with an accompanying drain field or any waste taken from such a drain field; includes waste of domestic origin only.

SEWER SYSTEM

For purposes of this Article III, the definition of "sewer system" in Article II is amended to include sewer facilities other than those owned by the Authority or the Township which connect into the Authority- or Township-owned sewer system.

SIGNIFICANT INDUSTRIAL USER

All users with discharges subject to categorical pretreatment standards and all noncategorical dischargers that, in the opinion of the Authority, have a reasonable potential to adversely affect the POTWs operation or that contribute 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 that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW.

SIGNIFICANT NONCOMPLIANCE

An industrial user is in significant noncompliance if its violation meets one or more of the specific criteria set forth in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 224-21;

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 numeric pretreatment standard or requirement, including instantaneous limits, as defined by § 224-21, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement, as defined by § 224-21 of this article (daily maximum, long-term average, instantaneous limit, or narrative standard), that the Authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment or has resulted in the Authority's exercise of its emergency authority under of this article to halt or prevent such a discharge;

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in this article, a wastewater discharge permit or in an enforcement order;

Failure to provide, within 45 days after the due date, required reports, such as baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance;

SLUG LOAD or SLUG DISCHARGE

Any other violation or group of violations, which may include a violation of BMPs, which the Authority determines will adversely effect the operation or implementation of the local pretreatment program.

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 224-21 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violates the Authority's and/or POTWs regulations, local limits or permit conditions.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

TECHNICAL REVIEW CRITERIA (TRC)

Method used to determine significant noncompliance.

TOTAL SUSPENDED SOLIDS

A laboratory measurement of the total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids.

TOWNSHIP

Hatfield Township or the Board of Commissioners of Hatfield Township.

TOWNSHIP MANAGER

The person designated by the Township who is charged with certain duties and responsibilities by this article or his or her duly authorized representative.

USER or INDUSTRIAL USER

Any person who causes or permits the discharge of wastewater into the Authority's POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes (including liquids, solids and gases) from dwellings, commercial buildings, industrial facilities and institutions, together with any other waters which may be present, whether treated or untreated, which are discharged into or permitted to enter the POTW.

WATERS OF THE COMMONWEALTH

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 Pennsylvania or any portion thereof. This includes the floodplain of free-flowing waters determined by the Department of Environmental Protection on the basis of one-hundred-year flood frequency. This does not include those waters or waterways designed and used to collect, convey, or dispose of sanitary sewage.

Abbreviations. The following abbreviations shall have the designated meanings:

	Abbreviation	Meaning
	BMR	Baseline monitoring report
	BOD	Biochemical oxygen demand
	CFR	Code of Federal Regulations
	COD	Chemical oxygen demand
	DEP	Pennsylvania Department of Environmental Protection
	EPA	Environmental Protection Agency
	mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination System
	POTW	Publicly owned treatment works
	RCRA	Resource Conservation and Recovery Act
	SIC	Standard industrial classification
	SIU	Significant industrial user
	SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
	TRC	Technical review criteria
	TSS	Total suspended solids
	USC	United States Code

§ 224-21 Regulations.

General discharge prohibitions.

No user shall discharge, directly or indirectly, any pollutant or wastewater which causes pass through or interference with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to the POTW:

Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause a fire or explosion, to create a hazard for a potential fire or explosion, or to be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter. The discharge of wastewaters with a closed-cup flashpoint of less than 140° F. (e.g., waste streams whose vapors ignite and burn at less than 140° F.) is prohibited. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, xylene, perchlorates, peroxides, hydrides and any other flammable or combustible materials or chemicals which present an explosion or fire hazard.

Solid or viscous substances which may cause obstruction to the flow in the sewer system or otherwise interfere with the operation of the wastewater treatment facilities, such as but not limited to grease, sludge, animal parts, shavings, grit, soil or garbage with particles greater than 1/2 inch in any dimension or any other materials which should be disposed of as trash.

Any wastewater having a pH less than 5.0 or any wastewater having any corrosive or other property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW. Wastewater with pH less than 5.0 may be considered for direct disposal at the POTW (not through the collection system) where deemed appropriate by the Authority and upon prior approval of the Authority. The Authority reserves the right to establish specific pH limits where necessary.

Any wastewater containing pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration (i.e., slug load) which, either singly or by interaction with other pollutants, will cause interference with either the POTW or any other wastewater treatment or sludge process or will pass through to receiving waters or which will constitute a hazard to humans or animals.

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or health or which prevent entry into the sewer system for maintenance and repair.

Any substances which may cause the POTWs effluent, or any other product of the POTW, such as residues or sludges, to be unsuitable for reclamation or disposal or which interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

Any substance which will cause the Authority to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(h)

Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

(i)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant, resulting in interference, but in no case wastewater with a temperature, at the introduction into the POTW, which exceeds 40° C. (104° F.) or exceeds 65° C. (150° F.) at the point of discharge to the sewer system.

(j)

Any trucked or hauled waste, except at discharge points designated by the Authority.

(k)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Authority or by applicable state or federal regulations.

(l)

Any wastewater containing petroleum oils or grease, nonbiodegradable cutting oil, or products of mineral origin in amounts which will cause interference with POTW treatment plant operations or will pass through to the receiving stream.

(m)

Any wastewater containing detergents, surface-acting agents, or other substances which may cause excessive foaming conditions in the POTW or collection system.

When the Authority determines that a user is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Authority shall:

Advise the user of the impact of the contribution on the POTW.

Take appropriate enforcement action against the user as required.

Develop effluent limitations for such user to correct the interference with the POTW, if appropriate.

Federal categorical pretreatment standards.

Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately apply. The obligation of the user to comply with federal standards shall not be affected by any failure of the Authority to give notice of new federal standards.

The categorical pretreatment standards now found or hereafter found at Title 40 of the Code of Federal Regulations, Chapter I, Subchapter N, are hereby incorporated in this article by reference as though set forth in full and shall apply to users, including categorical industrial users, pursuant to the definitions set forth in this article.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Authority may impose equivalent concentration or mass limits in accordance with Subsection B(7) and (8) below.

When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Authority may convert the limits to equivalent limitations, expressed either as mass of pollutant discharged per day or twenty-four-hour period, as appropriate, or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Authority shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

A user may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following:

Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this subsection. Any industrial user wishing to obtain credit for intake pollutants must make application to the Authority. Upon request of the industrial user, the applicable standard will be calculated on a net basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of Subsection B(6)(b) are met.

Criteria.

Either the applicable categorical pretreatment standards contained in Title 40 of the Code of Federal Regulations, Chapter 1, Subchapter N, specifically provide that they shall be applied on a net basis or the industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the general measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this subsection.

Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The Authority may waive this requirement if it finds that no environmental degradation will result.

When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the Authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Authority. The Authority may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Subsection B(7)(a)[1] through [5] below.

To be eligible for equivalent mass limits, the industrial user must:

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard and not have used dilution as a substitute for treatment;

Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

An industrial user subject to equivalent mass limits must:

Maintain and effectively operate and control treatment technologies adequate to achieve compliance with the equivalent mass limits;

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

Continue to record the facility's production rates and notify the Authority whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Subsection B(7)(a)[3]. Upon notification of a revised production rate, the Authority will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection B(7)(a)[1] so long as it discharges under an equivalent mass limit.

When developing equivalent mass limits, the Authority:

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

May retain the same equivalent mass limit in subsequent wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Subsection F (dilution discharge) below. The industrial user must also be in compliance with all provisions of this article regarding the prohibition of bypass.

The Authority may convert the mass limits of the categorical pretreatment standards of 40 CFR 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Authority.

(9)

Once included in its permit, the industrial user must comply with the equivalent limitations developed in this Subsection B in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

(10)

Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

(11)

Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Authority within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Authority of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

(12)

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 the EPA when developing the categorical pretreatment standard.

Local limits.

The Authority may establish, and periodically review, local limits for conventional and/or nonconventional pollutants in order to fulfill the objectives of its pretreatment program.

The pollutants for which local limits are established shall include those deemed necessary by the Authority to:

Protect all collection and treatment facilities serviced by the Authority;

Prevent treatment inhibition;

Ensure compliance with the Authority's NPDES effluent requirements;

Protect the health of its employees, as well as the general public;

Prevent the accumulation of pollutants in its sludge or ash; and

Ensure compliance with all air quality requirements and regulations.

Local limits may be periodically adjusted, or additional pollutants may be added, in order to comply with any federal, state, or local regulations and/or requirements otherwise deemed appropriate by the Authority.

The Authority may develop best management practices (BMPs) by ordinance, resolution or in wastewater discharge permits to implement local limits and the requirements of Subsection B above.

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or any requirements and limitations in this article.

Township's right of revision. The Township reserves the right to establish (or delegate such authority, to the extent permitted by law, to the Authority) by ordinance, resolution or permit more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in this article.

Dilution discharge.

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 the limitations contained in the federal categorical pretreatment standards or with any other pollutant-specific limitation developed by the state, Township, or Authority.

The Authority also reserves the right to define and regulate excessive discharge from diluted waste stream sources, including but not limited to noncontact cooling water.

§ 224-22 Pretreatment of wastewater.

Pretreatment requirements.

Industrial users shall provide necessary wastewater treatment as required to comply with this article, federal pretreatment standards, local limits and permit conditions and shall achieve compliance with the national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.

Any facilities required to pretreat wastewater shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review and shall be approved by the Authority before construction of such facilities. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this article and permit conditions. An industrial user is responsible for modification of its facility as necessary to produce an effluent acceptable to the Authority and which is in compliance with federal, state and local requirements. Any subsequent changes to a pretreatment facility or method of operation shall be reported to and approved by the Authority prior to the industrial user's initiation of such changes.

Accidental discharges.

Users may be required to provide protection from accidental discharge of prohibited materials or other substances regulated by this article by developing spill prevention plans. Facilities to prevent accidental discharge shall be provided, operated and maintained at the owner's or user's own cost. If required by the Authority, detailed plans showing facilities and/or operating procedures to provide this protection shall be submitted to the Authority for review and approval prior to construction and/or implementation which, at a minimum, must meet the best management plan requirements of 40 CFR 125(k). The Authority may periodically review and evaluate the need for revising accidental discharge procedures and require revisions as it deems necessary.

Within 24 hours following an accidental discharge, the user shall notify the Authority, and within five days following an accidental discharge, the user shall submit to the Authority a detailed written report describing the cause 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, 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 article or other applicable law.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedures.

Hauled wastewater.

Hauled wastewater, including septic tank waste, holding tank waste and industrial waste, may be discharged into the POTW only at locations designated by the Authority and at such times established by the Authority. No load of hauled wastewater may be discharged without prior consent of the Authority. The discharge of hauled wastewater is subject to all requirements of this article and any other requirements established by the Township or Authority, including all requirements, limitations and conditions set forth in any permit or permit application. Whenever the Authority finds that any person is in violation of this § 224-21, such person may be subject to the enforcement provisions of this article.

The Authority shall require haulers of wastewater to obtain wastewater discharge permits from the Authority. The Authority may require generators of hauled wastewater to obtain wastewater discharge permits. The Authority also may prohibit, at its sole discretion, the disposal of any hauled wastewater.

The Authority may collect samples of each load of hauled wastewater to ensure compliance with this article, any permit, all applicable standards and any other requirement established by the Township or Authority. The Authority may require the waste hauler to provide a waste analysis of any load prior to discharge.

Waste haulers must provide a waste-tracking form for every load of hauled wastewater. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. If requested by the Authority, the form shall also identify the type of industry (if industrial wastewater), known or suspected waste constituents, and whether any wastes are considered RCRA hazardous wastes.

§ 224-23 Fees.

Purpose. It is the purpose of this section to provide for the recovery of costs from users of the POTW for the implementation of the program established herein. The applicable charges or fees shall be established by resolution and set forth in the Township's Schedule of Charges and Fees.[1]

Editor's Note: See Ch. A287, Fee Schedules.

Charges and fees.

The Township may adopt charges and fees which may include the following:

Fees for reimbursement of costs of setting up and operating the required pretreatment program, including but not limited to legal and engineering costs.

Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by the industrial user.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

Fees for consistent removal by the POTW of pollutants otherwise subject to federal pretreatment standards.

Other fees as the Township or Authority may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Township or Authority.

Wastewater strength surcharge.

The surcharge set forth in Article II of this chapter shall apply in the case of any nonresidential user discharging wastewater to the Authority's POTW with an average concentration in excess of domestic concentrations.

The strength of the total wastewater used for establishing surcharges shall be determined at intervals deemed advisable by the Authority. Combined wastewater strength may be determined:

By sampling and analysis conducted during periods representative of normal wastewater strength characteristics or during periods of maximum wastewater strength where strength has been determined to be variable; or

By relating production and combined wastewater strengths at the time of sampling to wastewater strengths at maximum production if sampling is not performed at maximum production; or

From estimates made by the Authority; or

From known relationships of products produced to strengths of wastewater for those industries where such factors have been established.

§ 224-24 Administration of pretreatment program.

Wastewater discharge authorization. It shall be unlawful to discharge any wastewater except as authorized in accordance with the provisions of this article. Any violation of this article shall subject the user to the sanctions set forth herein.

Nonresidential wastewater discharges. When requested by the Authority, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request or within a different time period if deemed appropriate by the Authority. The Authority is authorized to prepare a form for this purpose and may periodically require users to update this information.

Wastewater discharge permit requirements.

General.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Authority.

The Authority may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

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 forth in this article. Obtaining a wastewater discharge permit shall 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.

Permit application.

Users required to obtain a permit shall complete and file with the Authority an application in the form prescribed by the Authority, and accompanied by a fee set by resolution of the Township. Proposed new users shall apply at least 90 days prior to connecting to or discharging to the POTW. 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 the Authority for an individual wastewater discharge permit in accordance with this article and shall not cause or allow discharges to the POTW to continue after 100 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Authority.

All users required to obtain a wastewater discharge permit must submit a permit application. The Authority may require users to submit all or some of the following information as part of a permit application:

Identifying information:

The name and address of the facility, including the name of the operator and owner.

Contact information and a description of activities, facilities, and plant production processes on the premises.

Environmental permits: a list of any environmental control permits held by or for the facility.

Description of operations:

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and 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.

Types of wastes generated and 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.

Number and type of employees, hours of operation, and proposed or actual hours of operation.

[d]

Type and amount of raw materials processed (average and maximum per day).

[e]

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.

Time and duration of discharges.

The location for monitoring all wastes covered by the permit.

[6]

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 § 224-21, Subsection B(5), of this article [40 CFR 403.6(e)].

[7]

Measurement of pollutants:

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Authority, 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.

[d]

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Authority or the applicable standards to determine compliance with the standard.

[e]

Sampling must be performed in accordance with procedures set out in this article.

[8]

Any other information as may be deemed necessary by the Authority to evaluate the permit application.

[9]

If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

This schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection C(2)(b)[9][a] above shall exceed nine months.

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Authority, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between the submission of such progress reports to the Authority.

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this § 224-24 must be submitted to the Authority prior to or together with any reports to be signed by an authorized representative.

A facility determined to be a nonsignificant categorical industrial user by the Authority must annually submit the signed certification statement. The Authority will evaluate the data furnished by the user and may require additional information which shall be supplied by the applicant upon request. After evaluation and acceptance of the data furnished, the Authority may issue a permit subject to terms and conditions provided herein.

Permit modifications. The Authority may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

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;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the POTW, the Authority's personnel, or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(h)

To correct typographical or other errors in the wastewater discharge permit; or

(i)

To reflect a transfer of the facility ownership or operation to a new owner or operator.

Permit contents and conditions.

Permits shall be expressly subject to all provisions of this article, all other applicable regulations, user charges and fees established by the Township.

Wastewater discharge permits must contain:

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

A statement that the wastewater discharge permit is nontransferable without prior notification to the Authority in accordance with this article and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits, including BMPs, based on applicable pretreatment standards;

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;

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; and

[6]

Requirements to control slug discharge, if determined by the Authority to be necessary.

Permits may contain, but shall not be limited to, the following:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

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;

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;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

[6]

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

[7]

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; and

[8]

Other conditions as deemed appropriate by the Authority to ensure compliance with this article and state and federal laws, rules, and regulations.

Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance not less than 60 days prior to the expiration of the user's existing permit or as specified by the permit. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit as limitations or requirements are modified or other just cause exists.

Permit reissuance. The terms and conditions of an expired permit issued under this section shall be deemed to continue in effect pending a decision by the Authority on a reissued permit only if the user filed a timely and complete application in accordance with this section, and the permit is not reissued on or before the expiration date of the existing permit.

Permit transfer. Permits are issued to a specific user for a specific operation. A 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 Authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Permit appeal.

A user may appeal the terms of its permit within 30 days of its issuance. This appeal must be in writing and addressed to the Authority. Failure to submit a timely appeal shall be deemed to be a waiver of the administrative appeal.

In its appeal, the user must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, the user seeks to be placed in the permit.

The effectiveness of a permit shall not be stayed pending a reconsideration by the Authority.

If, after considering the appeal and any arguments put forth by the HTMA plant manager, the Authority determines that reconsideration is proper, it shall remand the permit back to the plant manager for reissuance. Those permit provisions being reconsidered by the plant manager shall be stayed pending reissuance.

An Authority decision not to grant the appeal and reconsider the permit provisions shall be considered final administrative action.

A user seeking judicial review of the Authority's final administrative action must do so by filing a complaint with the Court of Common Pleas of Montgomery County, Pennsylvania, within 30 days of the final administrative decision on its permit.

Regulation of waste received from other jurisdictions.

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Authority shall enter into an intermunicipal agreement with the contributing municipality.

Prior to entering into an agreement required by Subsection D(1), above, the Authority shall request the following information from the contributing municipality.

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

Such other information as the Authority may deem necessary.

An intermunicipal agreement, as required by Subsection D(1), above, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs), which are at least as stringent as those set out in § 224-21, Subsection C, of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to any municipal authority's ordinance or the POTWs local limits;

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement will be conducted by the contributing municipality and which of these activities will be conducted jointly by the contributing municipality and the Authority;

A requirement for the contributing municipality to provide the Authority with access to all information that the contributing municipality obtains as part of its pretreatment activities;

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

Requirements for monitoring the contributing municipality's discharge;

A provision ensuring the Authority 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 Authority; and

(h)

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

Pursuant to the Pennsylvania Publicly Owned Treatment Works Penalty Law (Act 9 of 1992), the Authority reserves the right to regulate waste entering the treatment plant regardless of its point of origin.

Each municipality which participates in the operation of the POTW shall, in accordance with various interjurisdictional agreements signed by them, enforce their respective sewer use resolutions with respect to the discharges within each of their jurisdictions. Whenever possible, the enforcement, in cooperation with the Authority, of a particular municipality's sewer use resolution shall be a joint and cooperative effort between the subject municipality and staff from the Authority which has primary responsibility for plant operations. In the event that any municipality fails or refuses to enforce its sewer use resolution after the Authority made a determination that such enforcement is necessary, then the Authority reserves all rights which they may have to either undertake enforcement pursuant to the Pennsylvania Publicly Owned Treatment Works Penalty Law and/or to seek enforcement of any interjurisdictional agreement which may require the cooperation of the municipality which fails or refuses to act.

Reporting requirements for users.

Baseline monitoring reports.

Within either 180 days after the 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 the Authority a report which contains the information listed in Subsection E(1)(b), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subject to the promulgation of an applicable categorical standard, shall submit to the Authority a report which contains the information listed in Subsection E(1)(b), 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.

Users described above shall submit the information set forth below:

The following information (also required for the permit application): the name and address of the facility, including the name of the operator and owner; a list of any environmental control permits held by or for the facility; a brief description of the nature, average rate of production (including each product produced by type, amount, processes, and 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); and 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 § 224-21B(5) of this article [40 CFR 403.6(e)].

Measurement of pollutants.

The user shall provide the information required in § 224-24C(2)(b)[7][a] through [e].

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

Samples should be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.5(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the Authority.

[d]

Sampling and analysis shall be performed in accordance with § 224-24K.

[e]

The Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

[f]

The baseline report shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 224-20 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.

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 must be provided. The completion data 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 § 224-24E of this article.

Signature and report certification. All baseline monitoring reports must be certified in accordance with § 224-24L of this article and signed by an authorized representative as defined in § 224-20.

Compliance reports for categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, and at least semiannually or more frequently as may be required by the Authority, any user subject to pretreatment standards and requirements shall submit to the Authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user and certified to by a qualified professional.

Periodic compliance reports.

Any industrial user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Authority during the months of June and December, unless required more frequently in the pretreatment standard or by the Authority or permit, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In cases where the pretreatment standard requires compliance with a BMP or pollution-prevention alternative, the user must submit documentation required by the Authority or the pretreatment standard necessary to determine the compliance status of the user. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported pursuant to Subsection E(2), above. At the discretion of the Authority, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Authority may agree to alter the months during which the above reports are to be submitted. This report shall be signed by an authorized representative of the industrial user as required by 40 CFR 403.6(a)(2)(ii).

The Authority may reduce the requirement for periodic compliance reports to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA or state, where the industrial user's total categorical wastewater flow does not exceed any of the following:

A value equal to 0.01% of the POTWs design dry-weather hydraulic capacity or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device, unless the industrial user discharges in batches;

A value equal to 0.01% of the design dry-weather organic treatment capacity of the POTW; and

A value equal to 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 224-21C of this article. (By way of example, if the POTWs maximum allowable headworks loading for copper is five pounds, then 0.01% would be 0.0005 pounds; the POTW would need to do this calculation for each pollutant for which it has approved local limits.) Reduced reporting is not available to industrial users that have, in the last two years, been in significant noncompliance. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Authority, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

If sampling by the user indicates a violation of its permit, the user shall notify the Authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling for the noncompliant parameter(s) as soon as possible, but in no case later than seven days, and submit the results of the repeat analysis to the Authority within 30 days after becoming aware of the violation. The Authority may waive resampling if appropriate. Nothing herein shall be construed to alter the reporting requirements for potential problem discharges covered under § 224-24G.

All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in this article for sample collection, the results of this monitoring shall be included in the report.

The Authority may impose mass limitations on users to meet applicable pretreatment standards or requirements as deemed appropriate by the Authority.

Report of changed conditions.

Each industrial user is required to notify the Authority of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

The Authority may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including submission of a wastewater discharge permit application pursuant to this article.

If appropriate, the Authority may issue a wastewater discharge permit or modify an existing wastewater discharge permit.

No industrial user shall implement the planned changed conditions until and unless the Authority has responded to the industrial user's notice.

For purposes of this requirement, flow increases of 20% or greater on average, or the discharge of any previously unreported pollutants, shall be deemed significant.

Reports of potential problems.

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 which may cause potential problems for the POTW (including, but not limited to, a violation of the prohibited discharge standards set forth in § 224-21A of this article), it is the responsibility of the industrial user to immediately telephone and notify the Authority of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

Within five days following such discharge, the industrial user shall, unless waived by the Authority, submit a detailed written report describing the causes of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, the natural resources, or any other damage to person or property, nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed under this article or otherwise at law.

Failure to notify the Authority of potential problem discharges shall be deemed a separate violation of this article.

A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of whom to call in the event of a discharge described in Subsection G(1) above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.

Notification of discharge of hazardous waste.

Any industrial user who commences the discharge of hazardous waste shall notify the Authority, 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 shall 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 industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the waste; an estimation of the mass and concentration of such constituents in the waste stream discharged during the 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 paragraph need be submitted only once for each hazardous waste discharge. However, notifications of changed discharges must be submitted under Subsection F above. The notification requirement in this subsection does not apply to pollutants already reported under the self-monitoring requirements of this article.

Discharges are exempt from the requirements of Subsection H(1) above during a calendar month in which no more than 15 kilograms of hazardous wastes were discharged 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 industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under § 3001 of RCRA, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, 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.

In the case of any notification made under this subsection, the industrial 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.

Analytical requirements. The reports required in this article shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The Authority shall require that frequency of monitoring necessary to assess and ensure compliance by industrial users with applicable pretreatment standards and requirements. All pollutant testing, sampling and/or analyses under this article shall be performed in accordance with 40 CFR 136 and amendments thereto, 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, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Authority or other parties approved by the EPA.

Recordkeeping and the availability of records. All records relating to compliance with pretreatment standards shall be made available to the officials of the EPA, the Authority, or Township upon request. If an industrial user subject to the periodic reporting requirements under this article monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in this article, the results of this monitoring shall be included in the periodic reports to the Authority. 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 any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with BMPs. Records shall include the date, exact place, method and time of sampling and the name of the person taking the samples; sample preservation methods; the dates that the analysis was performed; who performed the analysis; the analytical techniques or methods used; and the results of such analysis. 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 the Authority or where the user has been specifically notified of a longer retention period by the Authority.

Sample collection.

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

Except as indicated in Subsection K(3) and (4) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Authority. Where time-proportional composite sampling or grab sampling is authorized by the Authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field. For volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures, as documented in approved EPA methodologies, may be authorized by the Authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

For sampling required in support of baseline monitoring and ninety-day compliance reports required by § 224-24E, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Authority may authorize a lower minimum. For the reports required by § 224-24E, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

Certification statements.

Certification of permit applications and user reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 224-24C(2); users submitting baseline monitoring reports under § 224-24E(1); users submitting reports on compliance with the categorical pretreatment standard deadlines under § 224-24E(2); users submitting periodic compliance reports required by § 224-24E(3); and users submitting an initial request to forego sampling of a pollutant. The following certification statement must be signed by an authorized representative as defined in § 224-20:

"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."

Annual certification for nonsignificant industrial users. A facility determined to be a nonsignificant industrial user by the Authority pursuant to § 224-20 must annually submit the following certification statement signed in accordance with the signatory requirements in § 224-20. This certification must accompany an alternative report required by the Authority:

	"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from _____, _____ to _____, _____ [months, days, year]:
	(a)	The facility described as [facility name] does not meet the definition of a significant categorical industrial user as described in Section 121, Subsection 2;
	(b)	The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
	(c)	The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
	This compliance certification is based on the following information."

§ 224-25 Compliance monitoring.

Monitoring facilities.

The Township or Authority may require users to provide, maintain and operate, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of wastewater subject to this article. The Township or Authority may require an industrial user to segregate a process wastewater discharge or any other discharge from other process and nonprocess waste streams in order to determine compliance with this article or permits issued hereunder.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

The sampling and monitoring facilities shall be provided in accordance with the Township's or the Authority's requirements and all applicable local construction standards and specifications. Unless otherwise provided by the Authority, construction shall be completed within 90 days following written notification by the Authority.

Inspection and sampling.

The Authority shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this article, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Authority or its representatives 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.

If the Authority has been refused access to a building, structure, or property, or any part thereof, by a user and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Authority designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Authority may seek issuance of a search warrant from the District Justice in whose jurisdiction the property is situate.

Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guard so that, upon presentation of suitable identification, personnel from the Authority, state and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

The Authority, state and EPA shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Authority may require the industrial 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 industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated (periodically) to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Authority and shall not be replaced. The cost of clearing such access shall be born by the industrial user.

Unreasonable delays in allowing Authority personnel access to the industrial user's premises shall be a violation of this article.

§ 224-26 Confidential information.

Information and data on a user obtained from reports, questionnaires, wastewater discharge permit applications, wastewater discharge permits, monitoring programs and from inspections by the Authority shall be available to the public or other governmental agency without restriction unless the user specifically requests, and is able to demonstrate to the satisfaction of the Authority, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. As may be reasonably practical, when requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the NPDES permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report or enforcement of any applicable federal, state or local law, regulation or rule. Effluent data shall not be recognized as confidential information.

To the extent that it is reasonably practical, information accepted by the Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Authority until and unless a ten-day notification is given to the user.

§ 224-27 Publication of users in significant noncompliance.

The Authority shall publish annually, in a daily newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violates Subsections C, D or H of this section) and shall mean:

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 (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 224-20;

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 equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by § 224-20, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement, as defined by § 224-20 (daily maximum, long-term average, instantaneous limit, or narrative standard), that the Authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

Any other discharge violation that the Authority 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;

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Authority's exercise of its emergency authority to halt or prevent such a discharge;

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;

Failure to provide, within 45 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;

Failure to accurately report noncompliance; or

Any other violations, which may include a violation of BMPs, which the Authority determines will adversely affect the operation or implementation of the local pretreatment program.

§ 224-28 Enforcement for violations.

The Authority may take enforcement action pursuant to this article whenever one of the following occurs:

A violation of any provision of this article;

A violation of a wastewater discharge permit;

A violation of an order issued under this article;

A violation of any other pretreatment standard or requirement; or

A violation of any prohibition or limitation of requirements contained herein.

§ 224-29 Administrative enforcement.

Whenever the Authority 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, such user may be subject to enforcement response(s) which are generally set forth in the Authority's enforcement response plan (ERP). The Authority intends that each enforcement response set forth in the ERP shall be available to it for user violations or noncompliance. Such enforcement responses include, but are not limited to, the responses set forth in Subsections A through I below.

Notice of violation.

Whenever the Authority finds that any user has violated or is violating any provision of this article, a wastewater discharge permit or order issued hereunder, any other pretreatment standard or requirement or any prohibition or limitation of requirements contained herein, the Authority may contact such user by telephone or serve upon such person a written notice of violation. The Authority may require that any user in receipt of a telephone call or written notice of violation provide the Authority with an explanation of the violation(s) and a plan for the satisfactory correction and prevention thereof within 30 days of initial notification. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the oral or written notice of violation. If the user fails to submit a plan within the time period set forth by the Authority, the Authority may develop and enforce a plan to correct the violation(s) in question at the user's expense or seek other action or relief, as appropriate, consistent with this article, the Authority's ERP and the Authority's Civil Penalty Assessment Policy ("penalty policy") developed pursuant to the Publicly Owned Treatment Works Penalty Law, 35 P.S. § 752.1 et seq.

Notwithstanding the above, nothing in this subsection shall be construed to bar, limit or be a prerequisite for the Authority taking any other action against a user consistent with this article, the ERP, or penalty policy in conjunction with a notice of violation or without first issuing a notice of violation. Such action may include the taking of enforcement action or other response in the event of an emergency release or potential release of pollutants or an imminent harm or danger to the POTW, the environment, the Authority's employees or the public.

Consent orders or consent agreements. The Authority may enter into consent orders or consent agreements, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents may include penalty provisions, specific action(s) to be taken by the user to correct the noncompliance and an appropriate compliance schedule. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 224-29D of this article and shall be judicially enforceable.

Show cause meeting. The Authority 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 the Authority and show cause why further enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting and shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the meeting. Such notice may be served on any authorized representative of the user. A show cause meeting shall not be a bar against, or prerequisite for, taking any other action against the user.

Administrative orders. When the Authority 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, the Authority 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. Administrative orders also may contain other requirements to address the noncompliance that are consistent with this article and the ERP; including, but not limited to, additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW.

Cease and desist orders. When the Authority 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, the Authority may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with all requirements and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Revocation of permit. Any user who is found by the Authority to have committed the following acts or omissions, or who violates applicable state and federal regulations, is subject to having its permit revoked:

Failure of a user to factually report and retain records of the wastewater constituents and characteristics of discharge.

Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

Violation of any pretreatment standard or requirement or any terms of the permit.

Failure to reapply for a permit or request a required permit modification.

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

(9)

Failure to meet effluent limitations or local limits.

(10)

Failure to pay any fines and/or civil penalties under this article or the penalty policy.

(11)

Failure to pay sewer charges.

(12)

Failure to meet any compliance schedules.

(13)

Discharges into the POTW in violation of this article.

Emergency suspension of harmful discharges.

The Authority may suspend the wastewater treatment service and/or permit or cut off the connection to the sewer system when such suspension is necessary, in the opinion of the Authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to or with the POTW or may cause the POTW to violate any condition of its NPDES permit.

Any person or user notified of a suspension of wastewater treatment service and/or its permit shall immediately cease wastewater discharge to the POTW. In the event of a failure of the person or user to comply voluntarily with the suspension notice, the Authority shall take such steps as deemed necessary, including immediate severance of the connection to the sewer system, to prevent or minimize damage to the POTW system or possible endangerment to any individuals. The Authority may reinstate the permit and/or the wastewater treatment service upon proof, satisfactory to the Authority, of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Authority within five days of the date of occurrence and shall be signed by an authorized representative of the user.

Termination of discharge. In addition to the enforcement provisions set forth in this article, any user who violates conditions set forth by this article, a discharge permit, or other order issued or document entered into with the Authority is subject to discharge termination. Such user shall be notified of the proposed termination of its discharge within a reasonable period of time and given opportunity to demonstrate reasons not to terminate unless the discharge is deemed a harmful contribution as described in § 224-29G of this article.

Fines.

When the Authority 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, the Authority may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per violation basis, with each day of violation constituting a separate violation. In the case of monthly or other long-term average discharge limits, fines may be assessed for each day during the period of violation.

Users desiring to dispute such fines must file a written request for the Authority 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 Authority 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 Authority may add costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

The availability of fines pursuant to Subsection A above shall not be a bar against, or a prerequisite for, taking any other action against the user.

§ 224-30 Judicial enforcement.

Injunctive relief.

When the Authority determines 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, the Authority may petition the Court of Common Pleas of Montgomery County, Pennsylvania, through the Authority's Solicitor, 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, order, or other requirement imposed by this article on the activities of the user. Relief requested under this Subsection A may also include the performance of environmental cleanup activities or remediation.

If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, the Authority may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.

The Authority may recover reasonable attorneys' fees, court costs, and other expenses associated with a petition for injunctive relief, including any sampling and monitoring expenses, and the cost of any actual damages incurred by the Authority.

A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil penalties. A user who violates, 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 the Authority for a maximum civil penalty not to exceed $25,000 per violation per day, to be collected in a civil action. Each day that a violation continues shall constitute a separate and distinct violation.

In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation. Such penalty shall be assessed in accordance with this article and the Authority's ERP.

The Authority 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 Authority.

In determining the amount of civil liability, the Authority (in the case of administrative orders and penalties) and the court, as applicable, 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.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

Criminal prosecution.

Any user who willfully or negligently violates any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement 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.

Any user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage 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.

Any user who knowingly makes any false statements, representations or certifications in any application, record, report, plan, or other documentation filed or required to be maintained pursuant to this article or a wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, 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.

§ 224-31 Supplemental enforcement.

Assessment of civil penalties. Pursuant to the provisions of the penalty law, publicly owned treatment works 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 Authority, as the operator of a publicly owned treatment works, may assess a civil penalty of up to $25,000 per day per violation, regardless of jurisdictional boundaries, upon any user for violation of any of the terms and provisions of this article. Each day that a violation continues shall constitute a separate and distinct violation.

Appeal. A user assessed with a civil penalty under the penalty law 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.

Injunctive relief.

In addition to the assessment of civil penalties, the penalty law provides the Authority with the power to obtain injunctive relief to enforce compliance with or restrain any violation of any pretreatment standard or requirement. Injunctive relief shall be available upon the showing of one or more of the following:

A discharge from a user presents an imminent danger or substantial harm to the POTW or the public;

A discharge from a user presents an imminent danger or substantial endangerment to the environment;

A discharge from a user causes the POTW to violate any condition of any of its permits; or

The user has shown a lack of ability or intention to comply with a pretreatment standard.