[Adopted 4-4-1983 by Ord. No. 852 (Ch. XIV,
Part 3A, of the 1962 Code)]
[Amended 1-9-1990 by Ord. No. 951; 9-6-1994
by Ord. No. 1018; 11-6-1995 by Ord. No. 1044]
Unless the context specifically indicates otherwise,
the following terms, as used in this article, shall have the meanings
hereinafter designated:
A.
Abbreviations. The following abbreviations, not previously
enumerated with a definition, shall have the designated meanings:
[Amended 4-1-2013 by Ord. No. 1287]
BMP - Best management practice
| |
CAP - Corrective action plan
| |
CFR - Code of Federal Regulations
| |
COD - Chemical oxygen demand
| |
gpd - Gallons per day
| |
L - Liter
| |
mg - Milligrams
| |
O&M - Operation and maintenance
| |
POC - Pollutant of concern
| |
RCRA - Resource Conservation and Recovery Act
| |
SNC - Significant noncompliance
| |
SWDA - Solid Waste Disposal Act (42 U.S.C. § 6901
et seq.)
| |
TSS - Total suspended solids
| |
USC - United States Code
|
B.
ACT
ACTION LEVELS
APPEAL PROCESS FOR PERMIT CONDITIONS
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
(1)
(a)
(b)
(2)
(3)
(4)
BEST MANAGEMENT PRACTICES or BMPs
BIOCHEMICAL OXYGEN DEMAND (BOD)
BIO-TOXIC MATERIALS
BOROUGH
BOROUGH MANAGER
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COLOR
COMPOSITE SAMPLE
COOLING WATER
DOMESTIC WASTES
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GARBAGE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER or USER
INDUSTRIAL WASTEWATER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
(1)
(2)
(a)
MEDICAL WASTE
NAMED USER
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(a)
[1]
[2]
(b)
PASS THROUGH
PERSON
pH
POLLUTANT
POLLUTANTS OF CONCERN (POCs)
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS
PROACTIVE CONTROL OF POCs
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(a)
(b)
(2)
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
TREATMENT PLANT EFFLUENT
UNPOLLUTED WATER
USER
USER CLASSIFICATION
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
WASTEWATER TREATMENT SYSTEM (SYSTEM)
As used in this article, the following terms shall
have the meanings indicated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Pollutant concentration guidelines which are set when, in the Borough’s opinion, a discharge, alone or in combination with other discharges, will cause or will have the potential to cause problems as listed in § 210-26B(1). Action levels can apply to one or more parameters discharged by one or more sewer users. New action level guidelines can be set at any time when, in the Borough’s opinion, they are needed to prevent problems such as those previously listed in § 210-26B(1). All affected sewer users will be notified in writing. If an existing discharge or a proposed new discharge exceeds or has the potential to exceed any action level (in the then-current permit or set after permit issuance), the user must submit a corrective action plan (CAP) to reduce the levels of the pollutant(s) in its discharge to amounts acceptable to the Borough. This plan must include sufficient information on the site-specific conditions to demonstrate that this discharge will not cause any adverse effects such as those listed. The Borough can also require that a Part B watershed protection permit application be submitted as part of the plan. If the CAP is found to be unacceptable, the user may be required to temporarily or permanently cease or not begin such discharges until the action plan is approved. When appropriate, a reasonable time to correct the problem(s) may be given. Action levels can also be set for any discharge when there is little or no information to demonstrate that the volume and strength of the proposed discharge will not cause adverse effects. The Borough reserves the right to apply or waive any action level or CAP for one or more sewer users based on the site-specific information that they submit.
[Added 4-1-2013 by Ord. No. 1287]
If the sewer user believes a permit condition such as an action level, corrective action plan, best management practice or conditional permit is not appropriate, the user can petition the Pretreatment Coordinator for reconsideration. If the issue is not resolved, the sewer user can appeal to Borough Council by filing a notice of appeal with the Manager as described in Catasauqua Ordinance § 210-42 for the appeal of civil penalty assessments.
[Added 4-1-2013 by Ord. No. 1287]
The regional administrator for Region III of the United States
Environmental Protection Agency, or his designee.
If the industrial user is a corporation, "authorized
representative" shall mean:
The president, secretary, treasurer or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision making
functions for the corporation.
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures of $25,000,000 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
If the industrial user is a partnership, or
sole proprietorship, an "authorized representative" shall mean a general
partner or proprietor, respectively.
If the industrial user is a federal, state or
local governmental facility, an "authorized representative" shall
mean a director to oversee the operation and performance of the activities
of the government facility, or his/her designee.
The individuals described in Subsections (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental managers for the company, and the written authorization is submitted to the Borough of Catasauqua.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in this article and 40 CFR 403.5(a)(1) and (b). BMPs also include
treatment requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw materials storage.
[Added 4-1-2013 by Ord. No. 1287]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure as described
in the standard methods for the examination of water and wastewater,
in five days at 20° C., expressed in terms of weight and concentration
(milligrams per liter).
A POC consisting of a material or a combination of materials
that, even in small amounts, can kill microorganisms and thus can
adversely affect biological wastewater and sludge treatment processes
and cause aquatic toxicity or degrade water quality. These materials
include but are not limited to bactericides, fungicides, insecticides,
pesticides, or germicides.
[Added 4-1-2013 by Ord. No. 1287]
The Borough of Catasauqua or Borough Council of the Borough
of Catasauqua.
The Borough Manager of the Borough of Catasauqua or his duly
appointed deputy, agent or representative.
Any regulations containing pollutant discharge limits promulgated
by the U.S. EPA in accordance with §§ 307(b) and (c)
of the Act (33 U.S.C. § 1317) which apply to a specific
category of industrial users and which appear at 40 CFR, Chapter I,
Subchapter N, Parts 405-471.
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent transmittance
is equivalent to zero (0.0) optical density.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The water discharged from any use such as air conditioning,
cooling or refrigeration, during which the only pollutant added to
the water is heat.
Liquid wastes:
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the Regional Water
Management Division Director or other duly authorized official of
said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed categorical pretreatment
standards which will be applicable to such source if the standard
is thereafter promulgated in accordance with § 307 of the
Act.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of food.
A sample taken from a waste stream on a one-time basis without
regard to the flow in the waste stream and over a period of time not
to exceed 15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act.
A source of indirect discharge.
The liquid wastes resulting from the processes employed in
industrial, manufacturing, trade or business establishments, as distinct
from domestic wastes.
The maximum concentration (or loading) of a pollutant allowed
to be discharged at any time, determined from the analysis of any
discrete or composited sample collected, independent of the industrial
flow rate and the duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal;
Therefore is a cause of a violation of POTW's
NPDES permit (including an increase in the magnitude or duration of
a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
of permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) including Title II commonly referred to
as the Resource Conservation and Recovery Act (RCRA), and including
state regulations contained in any State Sludge Management Plan prepared
pursuant to Subtitle D of the SWDA, the Clear Air Act, the Toxics
Substances Control Act, and the Marine Protection, Research and Sanctuaries
Act.
Isolation wastes, infectious agents, human blood and blood
byproducts, pathological wastes, sharps, body parts, fomites, etiologic
agents, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes and dialysis wastes.
The individual or firm whose name appears on the water/sewer
bill.
[Added 4-1-2013 by Ord. No. 1287]
The program for issuing, conditioning and denying permits
for the discharge of pollutants from point sources into the navigable
waters, the contiguous zone and the oceans pursuant to Section 402
of the Act.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which started after the publication of proposed treatment standards
under Section 307(c) of the Act which shall be applicable to each
such source for such standards as are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility or installation is substantially
independent of an existing source at the same site. In determining
whether these are substantially independent factors such as the extent
to which the new facility is integrated with the existing plant, and
the extent to which the new facility is engaged in the same general
type of activity as is the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c), above, but otherwise alters, replaces or adds to the existing process or production equipment. Construction of a new source as defined under this subsection has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work including
clearing, excavation or removal of existing buildings, structures
or facilities which are necessary for the replacement, assembly or
installation of new source facilities or equipment.
Entered into a binding contractual obligation
for purchase of facilities or equipment which are intended to be used
in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
A discharge or pollutant which cannot be treated adequately
by POTW, and therefore exits into waters of the United States in quantities
or concentrations which, alone or in conjunction with the discharge
or discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation).
Any individual, firm, company, partnership, corporation,
association, group or society and includes the Commonwealth of Pennsylvania
and agencies, districts, commissions and political subdivisions created
by or pursuant to state law, and agencies of the United States government
and their agents.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical waste, chemical waste,
industrial wastes, biological materials, radioactive material, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, agricultural
and industrial wastes, and the characteristics of the wastewater [i.e.,
pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand
(COD), toxicity, odor].
Any pollutant that might be reasonably expected to be discharged
to the treatment plant in sufficient amounts that pass through or
interfere with the plant, contaminates the sludge, causes problems
in the collection system, jeopardizes the worker or is otherwise designated
as such by the Borough.
[Added 4-1-2013 by Ord. No. 1287]
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes, or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on any industrial user, other than a pretreatment standard.
All applicable federal rules and regulations implementing
Section 307 of the Act, as set forth in 40 CFR, Subchapter N, Parts
401-471, as well as any nonconflicting state or local standards. In
case of conflicting standards or regulations, the more stringent thereof
shall be applied.
Nondomestic users shall identify actual or potential POCs
and biotoxics, including any POCs and biotoxics not specifically identified
in this permit or Borough ordinances, to prevent pass-through and
interference, personnel and public exposure and collection system
problems.
[Added 4-1-2013 by Ord. No. 1287]
Absolute prohibitions against the discharge of certain substances.
A "treatment works" as defined by § 212 of the
Act (33 U.S.C. § 1292), which is owned by the state or municipality.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes and any conveyances which convey wastewater to a treatment
plant. The term also means the municipal entity having jurisdiction
over the industrial users and the responsibility for the operation
and maintenance of the treatment works.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial establishments.
Except as provided in Subsection (2) of this definition, the term "significant industrial user" means:
All industrial users subject to categorical
pretreatment standards under 40 CFR § 403.6 and 40 CFR,
Chapter I, Subchapter N; and
Any other industrial user that discharges an
average of 25,000 gallons per day or more of processed wastewater
to the POTW (excluding sanitary, noncontact cooling and blow down
wastewater); contributes a process waste stream which makes up 5%
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or is designed as such by the control authority
as defined in 40 CFR § 403.12(a), a reasonable potential
for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement [in accordance with 40 CFR § 403.8(f)(6)].
Upon the finding that an industrial user meeting the criteria in Subsection (1)(b) of this definition has no reasonable potential for adversely affecting the POTW's operation for violating any pretreatment standard or requirement, the control authority may at any time on its own initiative or in response to a petition received from an industrial user or POTW and in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user.
Occurs when a significant industrial user (or any other industrial
user whose violation meets Subsection (3), (4) or (8) below has a
violation of this article, and said violation meets one or more of
the following criteria:
[Amended 4-1-2013 by Ord. No. 1287]
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 during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l);
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same 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 40 CFR 403.3(l) multiplied by
the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and
1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW 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 human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority pursuant to § 210-30 B(6) of this chapter to halt or prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to accurately report noncompliance;
Any other violation or group of violations, which may include
a violation of best management practices, which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any discharge at a flow rate or concentration which would
cause a violation of the prohibited discharge standards of this article
or any discharge of nonroutine, episodic nature including, but not
limited to, an accidental spill or a noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the U.S. Office of Management and Budget.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
One of 126 pollutants, or combination of those pollutants,
listed as toxic in regulations promulgated by the EPA under the provision
of § 307 (33 U.S.C. § 1317) of the Act.
Any discharge of pollutants from the POTW into the waters
of the state.
Water not containing any pollutants limited or prohibited
by the effluent standards if effect, or water whose discharge will
not cause any violation of receiving water quality standards.
Any person who discharges, causes or permits the discharge
of wastewater into the Borough's wastewater treatment system. Commercial
and industrial users shall be categorized into levels, as follows:
"Level I users" shall mean significant industrial users, as elsewhere
defined in this article; "Level II users" shall mean those sewer users
who are not classified as significant industrial users but whose actual
and/or potential discharges could cause a significant adverse impact
on the treatment plant, its employees, the collection system, the
Lehigh River and the downstream water consumers; "Level III users"
shall mean those users with actual or potential discharges which should
cause only minimal adverse impact on the treatment plant, its employees,
the collection system, the Lehigh River and downstream water consumers,
but who must follow the rules and regulations for sewer use and be
aware of the need for pollution prevention.
A classification of user based on the 1972 (or subsequent)
edition of the Standard Industrial Classification (SIC) Manual prepared
by the Office of Management and Budget.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is discharged into
or permitted to enter the Borough's wastewater system.
That portion of the POTW designed to provide treatment of
sewage and industrial waste.
Any devices, facilities, structures, equipment or works owned,
leased or used by the Borough for the purpose of the transmission,
storage, treatment, recycling and reclamation of industrial and domestic
wastes, or necessary to recycle or reuse water at the most economical
cost over the estimated life of the system, including intercepting
sewers, outfall sewers, sewage collection systems, pumping, power
and other equipment, and their appurtenances; extensions, improvements,
remodeling, additions and alterations thereof; elements essential
to provide a reliable recycled supply such as standby treatment units
and clear well facilities; and any works, including site acquisition
of the land that will be an integral part of the treatment process
or is used for ultimate disposal of residues resulting from such treatment.
C.
Terms not otherwise defined herein shall be as adopted
in the latest edition of Standard Methods for the Examination of Water
and Wastewater, published by the American Public Health Association,
the American Water Works Association and the Water Pollution Control
Federation.
D.
"Shall" is mandatory; "may" is permissive or discretionary.
The use of the singular shall be construed to include the plural and
the plural shall include the singular as indicated by the context
of its use.
[Amended 7-2-1984 by Ord. No. 871; 6-3-1985
by Ord. No. 889; 1-9-1990 by Ord. No. 951]
A.
It shall be unlawful to discharge to any watercourse
within the Borough, or in any area of the Borough, any sewage or other
polluted waters or industrial wastewater except as hereinafter provided.
B.
It shall be unlawful for any user to discharge into
a storm sewer any sewage or unauthorized industrial wastewater.
C.
It shall be unlawful to construct any privy, privy
vault, septic tank, cesspool, or other facility intended or used for
the disposal of sewage.
D.
The owner of any premises in the Borough accessible
to the sewage system is hereby required, at his expense, to install
suitable toilet facilities therein, and to connect such facilities
directly with said sanitary sewer in accordance with the provisions
of this article, within 90 days after date of official notice to do
so.
E.
No user shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Borough
of Catasauqua.
F.
A separate and independent building sewer shall be
provided for every building; except that where one building stands
at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining
alley, yard, or driveway, the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer for purposes of this article, provided appropriate
written agreement therefor shall be made between the affected property
owners.
G.
Existing building sewers may be used in connection
with new buildings only when they are found, after examination and
testing by the Borough Code Enforcement Officer, to meet all requirements
of this article.
H.
The size, slope, alignment and materials of construction
of a building sewer, and the methods to be used in excavating, placing
of the pipe, jointing, testing and backfilling the trench, shall all
conform to the requirements of the Building Code and Plumbing Code[1] and other applicable rules and regulations of the Borough.
In the absence of code provisions or in amplification thereof, the
materials and procedures set forth in appropriate specifications of
the A.S.T.M. and W.P.C.F. Manuals of Practice shall apply.
I.
Whenever possible, the building sewer shall be brought
to the building at a depth below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the
public sewer, sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer. Exceptions
to this requirement shall be requested in writing and approved by
the Borough Code Enforcement Officer.
J.
No user shall make connection of roof downspouts,
exterior foundation drains, areaway drains, or other sources of surface
runoff or groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public sanitary sewer.
K.
The connection of the building drain to the building
sewer or of the building sewer into the public sewer shall conform
to the requirements of the Building Code and Plumbing Code with procedures
set forth in appropriate specifications of the A.S.T.M. and W.P.C.F.
Manuals of Practice. All such connections shall be made gastight and
watertight. Any deviation from the prescribed procedures and materials
must be approved in writing by the approving authority before installation.
L.
When a public sewer becomes available, the building
sewer shall be connected to said sewer within 90 days, but if the
building sewer shall be declared a health hazard by the Borough Health
Officer, the building sewer shall be immediately connected to the
public sewer. At the time of connection, the private sewage disposal
system shall be cleaned of sludge filled with approved material.
M.
The owner of any improved property shall maintain
and repair the building drain, the building sewer, and lateral from
the boundary of the property to the building at his own expense, and
he shall remove all trees, tree roots and other obstructions to the
building drain, the building sewer and the lateral up to the property
owner's boundary line. The Borough of Catasauqua shall maintain and
repair the lateral from the public main or street sewer to the owner's
property line at the Borough's expense and shall remove all trees,
tree roots and other obstructions to the lateral.
N.
It shall be unlawful for any party to discharge into
the sewage system operated by the Borough of Catasauqua any waste
or materials which is in violation of federal law or Environmental
Protection Agency regulations. Promulgated as of now or in the future,
including federal pretreatment standards.
[Amended 6-3-1985 by Ord. No. 889; 1-9-1990
by Ord. No. 951; 1-6-1992 by Ord. No. 976; 8-3-1992 by Ord. No. 989;
11-6-1995 by Ord. No. 1044]
A.
Prohibitions on wastewater discharges.
(1)
No user shall discharge or deposit or cause or allow
to be discharged or deposited into the wastewater treatment system
any wastewater which contains the following:
(a)
Oils and grease.
(b)
Fire/explosive hazard. 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 fire
or explosion or be injurious in any other way to the wastewater treatment
system or to the operation of the system. At no time shall two successive
readings on an explosion hazard meter, at the point of discharge into
the sewer system, be more than 5% nor any single reading over 10%
of the lower explosive limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchalorates, bormates, carbides, hydrides and sulfides.
Any waste streams with a closed cup flash point of less than 140°
Fahrenheit or 60° Celsius using test methods specified in 40 CFR
§ 261.21.
(c)
Noxious material. Noxious or malodorous solids,
liquids or gases, which, either singly or by interaction with other
wastes, are capable of creating a public nuisance or hazard to life,
or are or may be sufficient to prevent entry into a sewer for its
maintenance and repair.
(d)
Improperly shredded garbage. Garbage that has
not been ground or comminuted to such a degree that all particles
will be carried freely in suspension under flow conditions normally
prevailing in the public sewers, with no particle greater than 1/2
inch in any dimension.
(e)
Radioactive wastes. Radioactive wastes or isotopes
of such half-life or concentration that they do not comply with regulations
or orders issued by the appropriate federal and state agencies having
control over their use and which will or may cause damage or hazards
to the sewage facilities or personnel operating system.
(f)
Solid or viscous wastes. Solid or viscous wastes
which will or may cause obstruction to the flow in a sewer, or otherwise
interfere with the proper operation of the wastewater treatment system.
Prohibited materials include, but are not limited to, grease, uncomminuted
garbage, animal guts or tissues, paunch manure, bones, hair, hides
or fleshings, entrails, whole blood, feathers, ashes, cinders, sand,
spent lime, stone or marble dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spent hops, waste paper, wood, plastic,
tar, asphalt residues, residues from refining or processing of fuel
or lubricating oil, and similar substances.
(g)
Excessive discharge rate. Wastewater at a flow
rate or containing such concentrations or quantities of pollutants
that exceed for any time period longer than 15 minutes more than five
times the average twenty-four-hour concentration, quantities or flow
during normal operation and that would cause a treatment process upset
and subsequent loss of treatment efficiency; or the introduction of
any pollutant, including oxygen-demanding pollutants (such as BOD),
released in a discharge at a flow rate and/or pollutant concentration
which would cause interference with the POTW.
(h)
Toxic substances. Any toxic substances in amounts
exceeding standards promulgated by the Administrator of the United
States Environmental Protection Agency pursuant to Section 307(a)
of the Act, and chemical elements or compounds, phenols or other taste
or odor-producing substances, or any other substances which are not
susceptible to treatment or which may interfere with the biological
processes or efficiency of the treatment system, or that will pass
through the system.
(i)
Unpolluted waters. Any unpolluted water including,
but not limited to, cooling water or of stormwater origin.
(j)
Colored discharge. If a nondomestic discharge
causes unusual color in the treatment plant’s influent samples,
the wet well or the primary clarifier inlets, the colored discharge
is prohibited and must be ceased. BMPs to control color can be required.
[Amended 4-1-2013 by Ord. No. 1287]
(k)
Corrosive wastes. Any waste which will cause
corrosion or deterioration of the treatment system. All wastes discharged
to the public sewer system must have a pH value in the range of 6
to 9 standard units. Prohibited materials include, but are not limited
to, acids, sulfides, concentrated chloride and fluoride compounds
and substances which will react with water to form acidic products.
(l)
Interference. Any waste which would cause interference
with the biological processes or efficiency of the treatment system
as defined in this article.
(m)
Pass through. Any waste which constitutes a
pass through of the system as defined in this article.
(n)
Any trucked or hauled pollutants, except at discharge points designated by the Borough in accordance with § 210-27H.
(o)
Temperature. Any wastewater having a temperature
that will inhibit biological activity in the treatment plant resulting
in interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104° Fahrenheit
(40° Celsius).
(p)
Any sludges, screenings or other residues from
the pretreatment of industrial waste.
(q)
Any medical waste, except as specifically authorized
by the Borough Manager in a wastewater discharge permit.
(r)
Any wastewater causing the treatment plant's
effluent to fail a toxicity test.
(s)
Any wastes containing detergents, surface active
agents or other substances which may cause excessive foaming in the
POTW.
(t)
Toxic gases/vapors/fumes. Pollutants which result
in the presence of toxic gases, vapors or fumes within the POTW in
a quantity that may cause acute worker health and safety problems.
(2)
Wastes prohibited in this section shall not be processed
or stored in such a manner that they would be discharged to the POTW.
All floor drains located in process or material storage areas must
discharge to the industrial user's pretreatment facility before connecting
with the POTW.
B.
Proactive control of influent pollutants of concern
must be given a high priority. Wastewater entering the treatment plant
is treated by biological organisms growing in slime like biofilms
which are susceptible to inhibition or destruction from relatively
small amounts of toxic influent materials. The plant does not have
flow equalization which increases the risk of harm from short-duration,
higher-concentration influent loadings. Very small amounts of biotoxic
materials, such as biocides, bactericides, herbicides and pesticides
can cause aquatic toxicity and inhibit or kill the plant’s biological
treatment processes. Therefore both the Borough and nondomestic users
have a responsibility to identify actual or potential biotoxics to
prevent problems such as process interference, sludge quality, aquatic
toxicity, personnel and public exposure, collection system issues,
regulatory compliance, and water quality because discharges to the
Lehigh River are under the special protection waters rules. Each industrial
user is limited on the concentration of pollutants allowed to be discharged
as hereinafter detailed. The controlling limit is the lesser of the
local limit or the federal categorical pretreatment standard for each
pollutant. Dilution of any wastewater for the purpose of meeting the
limits hereinafter described, or the local limits or federal categorical
pretreatment standards, shall be considered a violation of this article.
[Amended 11-3-2003 by Ord. No. 1159; 4-1-2013 by Ord. No. 1287]
(1)
The following are the maximum concentrations of pollutants allowable,
the action level guidelines for pollutants of concern and surcharge
levels of pollutants of concern in wastewater discharges to the wastewater
treatment system. Development of these limits and levels was done
taking into account the existing loading on our sludge of these pollutants,
plant efficiency and total combined flow from all industrial discharges.
These local limits will be reviewed periodically and may change as
a result of changes in the factors contributing to their development.
If such changes are made in the local limits for pollutants of concern,
these changes, with the required EPA approvals, can be adopted and
used in new or revised permits without further ordinance revisions.
Local Limits for Pollutants of Concern
| ||
---|---|---|
Parameter
|
Daily Maximum Concentration
| |
Biological oxygen demand (BOD)1
|
850 mg/l
| |
Total suspended solids (TSS)
|
850 mg/l
| |
pH
|
6-9 standard units
| |
Total dissolved solids (TDS)
|
Monitor only
| |
Oil and grease, cyanide, biotoxics
|
Enforceable BMPs
|
NOTES:
| |
1 In situations where, in the Borough's
opinion, BOD is not representative of the strength of industrial and
commercial discharges, and/or COD tests are better for process control
purposes, testing for COD may be substituted for testing for BOD.
Where monitoring for COD is required in a permit or permit amendment,
the permittee will usually not be required to monitor for BOD. However,
if there is a need to know the site's BOD loading as a percentage
of the plant's design capacity, testing for both BOD and COD
may be required.
|
Action Level Guidelines for Pollutants of Concern
| ||
---|---|---|
Parameter
|
Action Level (mg/l)
| |
Cadmium
|
0.104
| |
Chromium
|
6.97
| |
Copper
|
1.35
| |
Silver
|
0.535
| |
Zinc
|
2.96
| |
Barium
|
715
|
Surcharge Levels for Pollutants of Concern
| ||||||
---|---|---|---|---|---|---|
Surcharge parameter
|
TSS
|
BOD
|
COD
|
NH3
|
N TKN
| |
Surcharge level
|
200 mg/l
|
200 mg/l
|
600 mg/l
|
30 mg/l
|
75 mg/l
| |
Action level
|
600
|
600
|
1200
|
120
|
600
| |
Prohibited level
|
850
|
850
|
2500
|
200
|
1000
|
Discharges over the prohibited level are not allowed at any
time and must be ceased.
|
(a)
Action level appeal process. The numerical action levels are
guidelines that when exceeded indicate that a CAP is necessary. The
submission of an acceptable CAP is an enforceable permit condition.
If the sewer user believes that the action level is not appropriate
or that a CAP is not necessary, the user can petition the Borough
for reconsideration by submitting additional information to the Pretreatment
Coordinator to justify the change. If in the Borough's opinion
the data submitted is not sufficient to make a determination, the
discharge above the action level may be temporarily or permanently
denied. In instances where the Borough must use an outside consultant
to evaluate the information submitted, the user must first agree to
compensate the Borough for the estimated consultant fees. When the
Borough has determined that discharges over the action level are not
acceptable, all such discharges must be ceased or the permit can be
revoked and service terminated. The permit can also be amended to
exclude any discharges of the specific materials exceeding the action
level.
(2)
Federal categorical pretreatment standards. Any categorical
industry discharging to the POTW must also comply with the categorical
industrial limits established by EPA. There are too many types of
categorical industries for the federal categorical pretreatment standards
to be listed here. Any industrial user which would be regulated under
the categorical pretreatment standards will have those standards listed
in its industrial discharge permit. The categorical pretreatment standards
found at 40 CFR, Chapter I, Subchapter N, Parts 405-471, are incorporated
by reference herein.
(3)
Best management practices for additional pollutants of concern. Enforceable
best management practices are required for discharges containing significant
amounts of materials such as arsenic, lead, mercury, molybdenum, nickel,
selenium, silver, toxics, biocides, dissolved solids, and any material
which in the Borough’s opinion is a POC because it will cause
or have the potential to cause environmental problems such as those
listed in action levels. BMPs must be preapproved before any discharges
will be authorized and will be enforceable permit conditions.
[Added 4-1-2013 by Ord. No. 1287]
C.
Special agreements. Nothing in this section shall
be construed as preventing any special agreement or arrangement between
the Borough and any user of the wastewater treatment system whereby
wastewater of unusual strength or character is accepted into the system
and specially treated to be acceptable, subject to any payments or
user charges as may be applicable. Local standards set forth in this
article may be waived by special agreement but this provision does
not allow waiver of any national pretreatment standards.
(1)
Any
special agreement is prohibited from waiving any other federal retreatment
requirements.
[Added 4-1-2013 by Ord. No. 1287]
(2)
One
of the conditions of any special agreement is that the total loading
for any pollutant allocated to all users does not exceed the maximum
allowable industrial loading calculated as part of the most recently
accepted local limits evaluation.
[Added 4-1-2013 by Ord. No. 1287]
(3)
Any
special agreement must be entered into and authorized in writing.
[Added 4-1-2013 by Ord. No. 1287]
D.
Concentrations. Concentrations apply at the point where industrial waste is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. At his discretion, the Borough Manager may impose mass limitations in addition to or in place of the concentration based limitations set forth above in Subsection B of this section.
E.
Dilution. No industrial user shall ever increase the
use of the process water, or in any way attempt to dilute a discharge,
as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized
by an applicable pretreatment standard or requirement. The Borough
Manager may impose mass limitations on industrial users which are
using dilution to meet applicable pretreatment standards or requirements,
or in other cases when the imposition of mass limitations is appropriate.
F.
Sludge protection requirements (SPR's).
[Added 11-3-2003 by Ord. No. 1158]
(1)
The following are the maximum sludge protection requirement
levels allowable in wastewater discharges to the wastewater treatment
plant. Each industrial or commercial user actively discharging pollutants
that could accumulate in the sludge must comply with the SPR's. If
the discharge level exceeds the SPR's, the user must develop a plan
to come into compliance within a reasonable period of time as approved
by the Borough of Catasauqua or cease discharging the problem waste
stream.
Parameter
|
EPA Clean Sludge (EQ) Limit
(mg/kg)
|
Daily Maximum Concentration
(mg/l)
| |
---|---|---|---|
Zinc
|
2,800
|
1.25
| |
Chromium
|
1,5001
|
0.7
| |
Copper
|
1,500
|
0.42
| |
Nickel
|
420
|
0.15
| |
Lead
|
300
|
0.07
| |
Selenium
|
100
|
0.1
| |
Molybdenum
|
752
|
0.06
| |
Arsenic
|
41
|
0.03
| |
Cadmium
|
39
|
0.012
| |
Mercury
|
17
|
0.007
|
NOTES:
| |
---|---|
1Borough Guideline.
| |
2EPA Ceiling Limit.
|
(2)
The Borough reserves the right to revise these limits
any time based on observational data. The Borough also reserves the
right to set more stringent limits for any pollutant, such as reactive
cyanide or reactive sulfide, if actual or potential discharges are
believed to adversely effect sludge quality and the landfill or land
application of the sludge.
(3)
Being able to comply with an SPR is not an authorization
to discharge a nondomestic and/or toxic pollutant or domestic pollutant
in quantities exceeding normal domestic levels. Authorization to discharges
only granted by the issuance of a permit, an emended permit or a letter
of approval (which requires a submission of a permit application or
a notification of changed discharge).
[Amended 6-3-1985 by Ord. No. 889; 1-1-1990
by Ord. No. 951; 11-6-1995 by Ord. No. 1044]
A.
Regulatory actions. If wastewaters containing any substance described in § 210-26 of this article are discharged or proposed to be discharged into the sewer system of the Borough of Catasauqua or any sewer system which is tributary thereto, or if the industrial user due to plant setup or chemical storage considerations might require a slug/spill prevention plan regardless of what they are or plan to be discharging, the Borough Manager and the Borough Solicitor shall take all actions against the user necessary to:
(1)
Prohibit the discharge of such wastewater.
(2)
Require a user to demonstrate that in-plant modifications
will reduce or eliminate the discharge of such substances in conformity
with this article.
(3)
Require pretreatment, including storage facilities,
or flow equalization necessary to reduce or eliminate the objectionable
characteristics or substances so that the discharge will not violate
these rules and regulations.
(4)
Require the user making, causing or allowing the discharge
to pay any additional cost or expense incurred by the Borough for
handling and treating excess loads imposed on the treatment system.
(5)
Where the Borough Manager determines that an emergency
condition exists requiring the immediate cessation of an offending
discharge into the sewer system, the Borough Manager shall proceed
as follows:
(a)
He shall immediately notify the offending user
of the situation and order him to immediately stop the discharge.
(b)
If the offender fails to respond to the Borough
Manager's order, the Borough Manager is empowered to do all acts necessary
including shutting off any flow from the offending user to the sewer
system. Wherever practical, the Borough Manager should give the offending
user a second notice just prior to terminating their flow into the
system.
(c)
If an offending user feels aggrieved by either
actions of the Borough Manager, he may immediately appeal for a hearing
before Borough Council. Borough Council shall hold a hearing within
48 hours after request of the same and shall either affirm the Borough
Manager's decision, reverse the decision, or modify the same.
(d)
It is the intent of this provision that the
Borough Manager be given all necessary powers to terminate immediately
any discharges which create emergency conditions which may present
an imminent danger to the health or welfare of persons or society
and/or which may do damage to the sewage treatment facility.
B.
Submission of plans. Where pretreatment or equalization
of waste-water flows prior to discharge into any part of the wastewater
treatment system is required, plans, specifications and other pertinent
data or information relating to such pretreatment or flow-control
facilities shall first be submitted to the Borough Manager for review
and approval. Such approval shall not exempt the discharge or such
facilities from compliance with any applicable code, ordinance, rule,
regulation or order of any governmental authority. Any subsequent
alterations or additions to such pretreatment or flow control facilities,
or changes to polluted discharges shall not be made without due notice
and prior approval of the Borough Manager, and the issuance of a new
or modified permit as required.
C.
Pretreatment facilities operations. If pretreatment
or control of waste flows is required, such facilities shall be maintained
in good working order and operated as efficiently as possible by the
owner or operator at his own cost and expense, subject to the requirements
of these rules and regulations and all other applicable codes, ordinances
and laws.
D.
Admission to property. Whenever it shall be necessary
for the purposes of these rules and regulations, the Borough Manager,
upon the presentation of credentials, may enter upon any property
or premises at reasonable times for the purpose of copying any records
required to be kept under the provisions of this article, inspecting
any monitoring equipment or method, and sampling any discharge of
wastewater to the treatment works. The Borough Manager may enter upon
the property at any hour under emergency circumstances.
E.
Protection from accidental discharge. Each user shall
provide protection from accidental discharge of prohibited materials
or other wastes regulated by this article. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the owner or operator's cost and expense. Detailed plans showing
facilities and operating procedures and any subsequent modifications
thereto to provide this protection shall be submitted to the Borough
Manager for review by the Borough Engineer, and shall be approved
by the Borough Engineer before construction of the facility. Cost
of this review shall be paid by the user. Review and approval of such
plans and operating procedures shall not relieve the user from the
responsibility to modify his facility as necessary to meet the requirements
of this article. Any industrial user required to develop and implement
an accidental discharge/control slug plan shall submit a plan which
addresses at a minimum the following:
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in § 210-26 of this article.
(4)
Procedures to prevent adverse impact from accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents)
and/or measures and equipment for emergency response.
F.
Reporting of accidental discharge. If, for any reason,
a facility does not comply with or will be unable to comply with any
publication or limitations in this article, the user responsible for
such discharge shall immediately notify the Borough Manager so that
corrective action may be taken to protect the treatment system. In
addition, a written report addressed to the Borough Manager detailing
the date, time and cause of the accidental discharge, the quantity
and characteristics of the discharge and corrective action taken to
prevent future discharges, shall be filed by the responsible facility
within five days of the occurrence of the noncomplying discharge.
G.
Tenant responsibility. Where an owner of property
leases premises to any other person or as a tenant under any rental
or lease agreement, if either the owner or the tenant is an industrial
user, either or both may be held responsible for compliance with the
provisions of this article.
H.
Hauled wastewater.
(1)
Septic tank waste may be accepted into the POTW at
a designated receiving structure within a treatment plant area, and
at such times as are established by the Borough Manager; provided,
such wastes do not violate other sections of this article or any other
requirement established or adopted by the Borough. Wastewater discharge
permits for individual vehicles to use such facility shall be issued
by the Borough Manager.
(2)
The discharge of hauled industrial waste, as "industrial
septate," requires prior approval and a wastewater discharge permit
from the Borough. The Borough Manager shall have authority to prohibit
the disposal of such wastes, if such disposal would interfere with
the treatment plant operation. Waste haulers are subject to all other
sections of this article.
(3)
Fees for dumping septate will be established as part
of the industrial user fee system as authorized under this article.
I.
Vandalism. No person shall maliciously or willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in § 210-30.
J.
Responsibility for environmental compliance and pollutant discharges.
[Added 4-1-2013 by Ord. No. 1287]
(1)
Responsibility for environmental compliance. The industrial or commercial
user named on a municipal water/sewer bill ("named user") is responsible
for compliance with federal, state, and local and environmental rules,
regulations and ordinances. Each occupant at that address also has
the same responsibilities and must have a watershed protection permit
to discharge. If violations and/or environmental problems occur at
a multioccupant site and the occupant responsible does not take immediate
corrective action or cannot be positively identified, the named user
shall be fully responsible for correcting all of the site's noncompliance
and pollution issues and is subject to all enforcement options. When
required by the Borough, the named user must apply for and be issued
a watershed protection permit for the entire site.
(2)
Responsibility for pollutant discharges.
(a)
Responsibility for pollutant discharges from single-occupant
sites. The occupant must obtain a Level I, II or III watershed protection
permit before commencing any discharges. In the event that materials
harmful to the environment and/or in violation of federal, state and
local government rules and regulations are found in the effluent,
the occupant and, if necessary, the named user, will be held responsible
for taking action to control the source and any costs of remediation
for any damages caused and will be subject to all actions in the enforcement
response plan.
(b)
Responsibility for pollutant discharges from multiple-occupant
sites. Each occupant must obtain a Level I, II or III watershed protection
permit before commencing any discharges. In the event that materials
harmful to the environment and/or in violation of federal, state and
local government rules and regulations are found in the effluent of
a multioccupant building (without individual sampling points for each
occupant) and the occupant responsible for the discharge cannot be
identified, the named user will be held responsible for taking action
to control the source and any costs of remediation for any damages
caused and will be subject to all actions in the enforcement response
plan.
(3)
Responsibility for the costs of compliance.
(a)
Watershed protection permit application costs. Each sewer user
proposing to discharge new pollutants or increased levels of previously
approved pollutants is responsible for all of the application costs,
including but not limited to sampling, laboratory tests and consultant
services.
(b)
Permit compliance costs. Each permitted sewer user is responsible
for the costs of sampling, analysis and any other expenses required
to comply with the site's permit.
(c)
Additional analysis and testing. If a sewer user discharges
any pollutant which requires additional sampling, analysis and other
tests, the sewer user is responsible for the additional costs.
(d)
Site-specific NPDES permit and pretreatment compliance costs.
If a sewer user discharges any material for which the DEP and EPA
specifies additional or modified NPDES permit requirements and/or
additional pretreatment requirements, the sewer user is responsible
for any additional costs incurred by the Borough to implement and
maintain compliance with these requirements.
(e)
Costs of identification and correction of violations. The sewer
user or users responsible for discharges that cause violations, harm
to the treatment plant and the environment are also responsible for
all extra expenses incurred by the Borough to locate the sources(s)
and take the necessary corrective actions. If a sewer user, who is
not the property owner, is found to be a source and does not promptly
and properly assume these responsibilities, the named user will be
held responsible.
K.
Termination of sewer service.
[Added 4-1-2013 by Ord. No. 1287]
(1)
All sewage discharges to the Borough's treatment plant must
be terminated on permit expiration or permit revocation or when a
cease and desist order is issued. Permits can be revoked or a cease
and desist order issued for illegal discharges (actual or potential),
NPDES violations and continued noncompliance with permit requirements,
such as local limits, action levels, enforceable BMPs and/or other
applicable local, state and federal environmental regulations. When
there are actual and/or potential adverse effects, the Borough can
immediately terminate sewer service with or without taking prior enforcement
actions. This can be done by issuing a cease and desist order that
will stay in effect until compliance can be assured. Cease and desist
orders will usually be sent by certified mail, but in unusual or emergency
situations, they can be given verbally (in person or over the phone),
hand delivered or sent by fax or e-mail.
(2)
Actions that must be taken when sewer service is terminated.
(a)
When a permit expires or has been revoked or a cease and desist
order has been issued, the sewer user must terminate all wastewater
discharges to the Borough's WWTP within 15 calendar days. The
time to terminate all discharges may be reduced where there is an
indication that imminent harm will occur. Any further violations found
during the period during which termination of all discharges must
occur will be subject to additional escalating enforcement as serious,
willful violations.
(b)
The sewer user must send a termination of discharge certification letter to the Borough Manager by certified mail as soon as possible but within 15 calendar days of permit expiration or receipt of a cease and desist order signed by the person in charge of the site's operations certifying that all discharges to the WWTP have been permanently stopped describing the actions taken so that further discharges cannot occur. The time frame to submit the termination of discharge certification letter is separate and independent from the time-frame to terminate all wastewater discharges set forth in § 210-27K(2)(a). If after 16 days this termination of discharge certification letter has not been received by the Borough, a civil penalty assessment of no less than $200 per day of continued illegal discharge will be issued. This daily penalty may be increased one or more times if illegal discharges continue and/or the certification letter is not received.
[Amended 1-9-1990 by Ord. No. 951; 11-6-1995
by Ord. No. 1044]
A.
Compliance monitoring.
(1)
Inspection and sampling. The Borough of Catasauqua
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 Borough Manager or his 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.
(a)
Where an industrial user has security measures
in force which required proper identification and clearance before
entry into its premises, the industrial user shall make necessary
arrangement with the security guard so that, upon presentation of
suitable identification, personnel from the Borough, state and EPA
will be permitted to enter without delay, for the purposes of performing
their specific responsibilities.
(b)
The Borough, state and EPA shall have the right
to set up on the industrial users property, or require installation
of such devices as are necessary to conduct sampling and/or metering
of the user's operations.
(c)
The Borough 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
at least semi-annually to insure their accuracy.
(d)
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 Borough Manager or his representative and
shall not be replaced. The costs of clearing such access shall be
borne by the industrial user.
(e)
Unreasonable delays in allowing Borough personnel
access to the industrial user's premises shall be a violation of this
article.
(2)
Search warrants. If the Borough Manager, or his representative,
has been refused access to a building, structure or property or any
part thereof, and if the Borough Manager has demonstrated probable
cause to believe there may be a violation of this article or that
there is a need to inspect as part of a routine inspection program
of the Borough of Catasauqua 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 upon
application by the Borough Solicitor, the Judge of the Court of Common
Pleas of Lehigh County shall issue a search and/or seizure warrant
describing therein the specific location subject to the warrant. The
warrant shall specify what, if anything, may be searched and/or seized
on the property described. Such warrants shall be served at reasonable
hours by the Borough Manager in the company of a uniformed police
officer of the Borough of Catasauqua. In the event of an emergency
affecting public health and safety, inspections shall be made without
the issuance of a warrant.
B.
Reporting requirements.
(1)
Base line monitoring reports.
(a)
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the Borough of Catasauqua a report which contains the information listed in Subsection B(1)(b), below. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Borough of Catasauqua a report which contains the information listed in Subsection B(1)(b), below. A new source shall also be required to report the method of pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(b)
The industrial user shall submit the information
required by this section including:
[1]
Identifying information. The name and address
of the facility including the name of the operator and owners.
[2]
Wastewater discharge permits. A list of any
environmental control wastewater discharge permits held by or for
the facility.
[3]
Description of operations. A brief description
of the nature, average rate of production and standard industrial
classification of the operation(s) carried out by such industrial
user. This description should include a schematic process diagram
which indicates points of discharge to the POTW from the regulated
processes.
[4]
Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR § 403.6(e).
[5]
Measurement of pollutants.
[a]
Identify the categorical pretreatment
standards applicable to each regulated process.
[b]
Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the Borough of Catasauqua) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of the normal discharges from the daily operations occurring during the reporting period and shall be analyzed in accordance with the procedures set out in Subsection B(10) of this section. In cases where the applicable standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Borough or the applicable standard to determine compliance with the standard.
[Amended 4-1-2013 by Ord. No. 1287]
[6]
Certification. A statement used by the industrial
user's authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance and/or
additional pretreatment is required to meet the pretreatment standards
and requirements.
[7]
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The compliance schedule pursuant to this section must meet the requirements set out in § 210-29D of this article.
[8]
All baseline monitoring reports must be signed and certified in accordance with § 210-29D(9).
(2)
Compliance schedule progress report. The following conditions shall apply to the schedule required in Subsection B(1)(b)[7]. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment re-required for the user to meet the applicable pretreatment standards (such events including hiring an engineer, completing preliminary and final plans, executing contracts for the major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Borough Manager no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, (and, if appropriate) the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Borough Manager.
(3)
Report on compliance with categorical pretreatment
standard deadline.
(a)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the Borough a report containing the information described in Subsection B(1)(b)[4] to [6].
(b)
For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 210-29D(9).
(4)
Periodic compliance reports.
(a)
Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Borough Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average of maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 210-29D(9). In cases where the applicable standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Borough or the applicable standard to determine compliance with the standard.
[Amended 4-1-2013 by Ord.
No. 1287]
(b)
All wastewater samples must be representative
of the normal discharges occurring during the reporting period. 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.
[Amended 4-1-2013 by Ord.
No. 1287]
(5)
Report of changed conditions. Each industrial user
is required to notify the Borough Manager of any planned significant
changes to the industrial user's operation or system which might alter
the nature, quality or volume of its wastewater, or impact the potential
for slug discharge, at least 90 days before the change.
[Amended 4-1-2013 by Ord.
No. 1287]
(a)
The Borough Manager may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 210-29B.
(c)
No industrial user shall implement the planned
changed condition(s) until and unless the Borough Manager has responded
to the industrial user's notice.
(d)
For purposes of this requirement, flow increases
of 10% or greater and the discharge of any previously unreported pollutants
shall be deemed significant.
(6)
Reports of potential problems.
(a)
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 a violation of the prohibited discharge standards in § 210-26 of this article), it is the responsibility of the industrial user to immediately telephone and notify the Borough of Catasauqua 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.
(b)
Within five days following such discharge, the
industrial user shall, unless waived by the Borough Manager, submit
a detailed written report describing the cause(s) 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, natural resources or any
other damage to relieve the industrial user of any fines, civil penalties
or other liability which may be imposed by this article.
(c)
Failure to notify the Borough of potential problem
discharges shall be deemed a separate violation of this article.
(d)
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection B(6)(a), above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedures.
(e)
Reports of potential problems as described in this Subsection B(6) shall also be required within the same time frames and to the same agencies whenever there are facility changes that affect the potential for slug discharges. This notification requirement is in addition to any other requirement relating to slug discharges contained elsewhere in this Chapter 210.
[Added 4-1-2013 by Ord.
No. 1287]
(7)
Reports from nonsignificant industrial users. All
industrial users not subject to categorical pretreatment standards
and not required to obtain a wastewater discharge permit shall provide
appropriate reports to the Borough as the Borough Manager may require.
(8)
Notice of violation/repeat sampling and reporting.
If sampling performed by an industrial user indicates a violation,
the industrial user must notify the Borough within 24 hours of becoming
aware of the violation. The industrial user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the Borough within 30 days after becoming aware of the violation.
The industrial user is not required to resample if the POTW performs
monitoring at the industrial user's premises at least once a month,
or if the POTW performs sampling between the industrial user's initial
sampling and when the industrial user receives the results of the
sampling.
(9)
Notification of the discharge of hazardous waste.
(a)
Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also include 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 wastes, an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Subsection B(5), above. The notification requirement in this section does not apply to pollutant already reported under the self-monitoring requirements of Subsections B(1), (3) and (4), above.
(b)
Discharges are exempt from the requirements of Subsection A of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes as specified in 40 CFR § 261.30(d) and § 261.33(e). Discharge of more than 15 kilograms of nonaccute hazardous waste specified in 40 CFR § 261.30 and § 261.33(3) requires a one-time notification.
(c)
In the case of any new regulations under § 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substances as hazardous waste, the industrial
user must notify the POTW, the EPA Regional Waste Management Waste
Division Director, and state hazardous waste authorizes of the discharge
of such substance within 90 days of the effective date of such regulations.
(d)
In the case of any notification made under this
section, 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.
(10)
Analytical requirements. All pollutant analyses,
including sampling techniques, to be submitted as part of a wastewater
discharge permit application or report shall be performed in accordance
with techniques prescribed in 40 CFR, Part 136, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR, Part
136, does not contain sampling or analytical techniques for the pollutant
in question, sampling and analyses must be performed in accordance
with procedures approved by the EPA.
(11)
Sample collection.
(a)
Except as indicated in Subsection B(11)(b), below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. The Borough Manager may authorize the use of another sampling technique as long as the sample is representative of discharge. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
[Amended 4-1-2013 by Ord.
No. 1287]
(b)
Samples for oil and grease, temperature, pH,
cyanide, phenols, toxicity, sulfides and volatile organic compounds
must be obtained using grab collection techniques.
(12)
Determination of noncompliance. The Borough
Manager may use a grab sample(s) to determine noncompliance with pretreatment
standards.
(13)
Timing. Written reports will be deemed to have
been submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the U.S. Postal
Service, the date of receipt of the report shall govern.
(14)
Recordkeeping.
[Amended 4-1-2013 by Ord.
No. 1287]
(a)
Any industrial user subject to the reporting requirements established
in this article shall maintain and make available for copying records
of all information resulting from any monitoring activities required
by this article, including documentation associated with best management
practices. Such records shall include for all samples:
(b)
Any industrial user subject to the reporting requirements established
in this article (including documentation associated with BMPs) shall
be required to retain for a minimum of three years any records of
monitoring activities and results (whether or not such monitoring
activities are required by this section) and shall make such records
available for inspection and copying by the Borough of Catasauqua.
This period of retention shall be extended during the course of any
unresolved litigation concerning compliance with this article, or
where the industrial user has been specifically notified of a longer
retention period by the Borough Manager.
(15)
Additional monitoring data. Industrial users
that monitor more frequently than required, using appropriate procedure,
are required to submit such monitoring to the POTW. The timing, procedures
and record keeping requirements for such additional reports shall
be the same as for the required reporting.
C.
Confidential information. Information and data on
an industrial user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits and monitoring programs,
and from city inspection and sampling activities, shall be available
to the public without restriction unless the industrial user specifically
requests, and is able to demonstrate to the satisfaction of the Borough
that the release of such information, processes or methods of production
entitled to protection as trade secrets under applicable state law.
When required and demonstrated by the industrial user furnishing a
report that such information should be held confidential, the proportions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR § 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
[Amended 1-9-1990 by Ord. No. 951; 9-6-1994
by Ord. No. 1018; 11-6-1995 by Ord. No. 1044]
All commercial and industrial users must submit
information on the nature and characteristics of the wastewater, materials
stored on site and wastes sent for off-site disposal, by completing
a permit application prior to commencing any discharge, or within
the time frames set forth for existing users. The Borough Manager
is authorized to prepare a form for this purpose and may periodically
require commercial and industrial users to update their application.
Failure to complete the application shall be reasonable grounds for
terminating service to the user and shall be considered a violation
of this article.
A.
Wastewater discharge permits required.
(1)
All significant industrial users proposing to connect
to discharge into any part of the wastewater treatment system must
first obtain a discharge permit therefor.
(2)
All existing significant industrial users connected
to or discharging to any part of the Borough's system must obtain
a wastewater discharge permit within 90 days from and after the effective
date of this article.
(3)
Any existing permitted user which changes its discharge
must obtain a discharge permit prior to commencing any changed discharge.
(4)
All nonsignificant industrial users, and all commercial
users shall be required to obtain a water pollution management permit,
either Level II or Level III.
(5)
The Borough Manager may require other industrial users,
including liquid waste haulers, to obtain wastewater discharge permits
as necessary to carry out the purposes of this article.
B.
Permit application. Users seeking a wastewater discharge
permit or seeking a new permit due to revised discharges, shall complete
and file with the Borough Manager an application on a form prescribed
by the Borough Manager and accompanied by the applicable fee. Said
application may require the following general information, as well
as additional user specific information:
(1)
Name, address, and SIC number of applicant.
(2)
Volume of wastewater to be discharged.
(3)
Wastewater constituents and characteristics including, but not limited to, those set forth in § 210-26 of this article as determined by a reliable analytical laboratory.
(4)
Time and duration of discharge.
(5)
Average base water flow rates.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers and appurtenances by size, location
and elevation.
(7)
Description of activities, facilities and plant processes
on the premises including all materials and types of materials which
are, or could be, discharged.
(8)
Each product produced by type, amount and rate of
production.
(9)
Number and type of employees and hours of work.
(10)
Any other information as may be deemed by the
Borough Manager to be necessary to evaluate the permit application.
(11)
All wastewater discharge permit applications and industrial user reports must contain a certification statement and must be signed by an authorized representative of the industrial user. The language of said certification is set forth below in Subsection D(9) of this section.
(12)
Incomplete or inaccurate applications will not
be processed and will be returned to the industrial user for revision.
C.
Permit decision. The Borough Manager will evaluate
the data furnished on the application and may require additional information.
Properly completed applications shall automatically serve as Level
III permits. At any time during the term of the Level III permit,
if it is determined to be necessary, the Borough may require a Level
I or Level II discharge permit application to be filed. The Borough
Manager may deny any application for a wastewater discharge permit
or revoke an existing permit for cause. If a determination that a
Level I or Level II permit application is required, the failure of
an industrial user to make application within a time frame set forth
in the notice thereof, shall constitute a violation of this article
and shall be reasonable grounds for terminating service to the industrial
user.
D.
Permit conditions. Wastewater discharge permits shall
be expressly subject to all provisions of this article and all other
regulations, user charges and fees established by the Borough. The
conditions of wastewater discharge permits shall be uniformly enforced
in accordance with this article and applicable state and federal regulations.
Permit conditions will include the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to the system.
(2)
The average and maximum wastewater constituents and
characteristics.
(3)
Limits on rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation of inspection and sampling
facilities, and specifications for monitoring programs.
(5)
Requirements for maintaining and submitting technical
reports and plant records relating to wastewater discharges. The individual
reports required shall include, at least, periodic compliance reports
for all industrial users and compliance schedule progress reports,
compliance reports, and baseline monitoring reports for categorical
industries.
(a)
Periodic compliance reports. All industrial
users must submit a biannual periodic compliance report. The report
shall indicate the precise nature and concentrations of the regulated
pollutants in its discharge to the POTW, the average and maximum daily
flow rates of the facility, the methods used by the discharger to
sample and analyze the data, and a certification that these methods
confirmed to those methods outlined in the regulations. [40 CFR 403.12(e)].
(b)
Compliance schedule progress reports. No later
than 14 days following each date in the categorical compliance schedule,
the permittee shall submit to the Borough a progress report including
at 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 the increment of progress, the reasons for the delay,
and the steps being taken to return the project to the schedule established.
(c)
Report on compliance. Within 90 days after the
compliance date for categorical pretreatment standards or in the case
of a new source following commencement of the introduction of wastewater
into the POTW, any industrial user subject to the standards must submit
to the Borough a "Report on Compliance" that states whether or not
applicable pretreatment standards are being met on a consistent basis.
The report must indicate the nature and concentration of all regulated
pollutants in the facility's regulated process waste streams; and
a statement of whether compliance is consistently being achieved,
and if not, what additional operation and maintenance and/or pretreatment
is necessary to achieve compliance. [40 CFR 403.12(d)].
(d)
Baseline monitoring report. All industrial users
subject to categorical pretreatment standards must submit a baseline
monitoring report (BMR) to the Borough within 180 days after the effective
date of a categorical pretreatment standard or 180 days after the
final administrative decision made upon a category determination request,
whichever is later.
(e)
Compliance monitoring. All limits must be complied with, but
periodic monitoring is usually required only for the parameters that
are actively discharged. However, the Borough can require either temporary
screening or periodic monitoring for any parameter with or without
a limit that is believed to have an actual or potential harmful effect
on the plant, its employees, the public, the sludge, the collection
systems and the Lehigh River.
[Added 4-1-2013 by Ord.
No. 1287]
(6)
Daily average and daily maximum discharge rates, or
other appropriate conditions when pollutants subject to limitations
and prohibitions are proposed or present in the user's wastewater
discharge.
(7)
Compliance schedules.
(8)
Best management practices (BMPs).
[Added 4-1-2013 by Ord.
No. 1287]
(a)
BMP certification. Those users with BMP requirements in their permits
will be required to certify within 60 days and then annually that
the BMPs are being effectively implemented and submit all documentation
required by the BMP, such as process control, cleaning, maintenance
and off-site disposal of records which must be kept for at least three
years. Copies must be shown to or sent to the Borough when requested.
In the event that there is a noticeable increase in the treatment
plant influent of a parameter used by a site with a BMP, the Borough
can require immediate monitoring and other actions in accordance with
the applicable monitoring requirements on a temporary or permanent
basis. Failure to comply with an approved BMP may result in any one
or more of the following: escalating enforcement actions, a temporary
or permanent change in permit level or permit fees, or submission
of a new permit application may be required. In addition sewer service
can be terminated until the user conclusively demonstrates that a
sustainable approved BMP has been adopted and implemented.
(b)
Customized BMPs. A sewer user who believes that a site-specific BMP
could be more environmentally beneficial and/or more cost effective
than complying with a numerical discharge limit or action level should
contact the Borough’s Pretreatment Coordinator to determine
if a BMP would be appropriate. If the use of a BMP is found to be
suitable the, Borough may work with the user to plan and implement
an enforceable BMP.
(c)
Enforceable BMPs for biotoxic materials. Dischargers of biotoxics
must submit BMPs acceptable to the Borough before commencing any discharges.
The BMPs must assure that toxic amounts of these materials will not
be discharged at any time, or the user must use less toxic materials
or zero discharge.
(d)
Enforceable BMPs for cyanide dischargers. Dischargers of cyanide
or cyanide-containing materials must implement enforceable BMPs acceptable
to the Borough before commencing any discharges. The BMPs must include
the use of a preapproved cyanide destruction system that reduces the
total cyanide to nondetect (below a reporting limit of 0.005 mg/l).
In some instances, the Borough may require that, after the cyanide
destruction process, the treated wastewater be held in sealed and
secure containers until the cyanide content has been tested and found
to be <0.005 mg/l; if not the batch must be retreated.
(e)
Enforceable BMPs for oil and grease. All Level I and Level II permittees
discharging FOG (fats or oils or greases or a combination thereof)
must submit a BMP called a "FOG management plan" for Borough approval.
(9)
Signatory requirement. Baseline monitoring reports
(BMR's), reports on compliance with categorical pretreatment standard
deadlines, ninety-day compliance reports and periodic reports on continued
compliance must be signed and certified by a duly authorized representative
of the industrial user. A duly authorized representative is one who
meets the criteria established at 40 CFR 403.12(1). The signature
for these reports must be accompanied by the following certification
statement:
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to insure qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those person
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 fines and
imprisonment for knowing violations."
|
(10)
General sewer use rules and regulations.
(11)
A statement of applicable civil, criminal and
administrative 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 the statement of penalties may reference
only those set forth hereafter in the audience.
(12)
A statement that compliance with the wastewater
discharge permit does not relieve the permittee of responsibility
with compliance with all applicable state and federal pretreatment
standards, including those which become effective during the term
of discharge permit.
(13)
Conditional discharge permits for new or increased POC discharges
or noncompliance. Conditional watershed protection permits can be
issued when, in the Borough’s judgment, it is necessary to protect
the plant and the environment when the harmful effects of new pollutants
or increased amounts of existing pollutants are not well known, especially
when the proposed influent loadings are substantially higher than
the usual background levels and/or the discharge flow is higher or
uneven throughout the day or has spikes or slug discharges. An existing
permit can also be revoked and reissued as a conditional permit after
a letter of violation and/or a notice that preventive action is required
has been issued because of noncompliance or marginal compliance with
permit requirements. Conditional permits are valid for a period of
up to one year and will only be renewed (either as a conditional or
a multiyear conventional permit) if there is satisfactory compliance
with the requirements of the permit.
[Added 4-1-2013 by Ord.
No. 1287]
(14)
Applicable slug control and slug discharges notification requirements.
[Added 4-1-2013 by Ord.
No. 1287]
(15)
Applicable BMP requirements.
[Added 4-1-2013 by Ord.
No. 1287]
(16)
Other conditions to ensure compliance with this article.
[Added 4-1-2013 by Ord.
No. 1287]
E.
Duration of permits. Permits shall be used for a specified time period, not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. Any permittee desiring to continue to discharge after the expiration date shall file an application for reissuance of the permit not less than 120 days prior to the expiration of the permit. The terms and conditions of the permit may be subject to modification and change by the Borough Manager during the life of the permit, as limitations or requirements as identified in § 210-26 are modified and changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Amended 4-1-2013 by Ord.
No. 1287]
(1)
Subject to the general provisions on the duration
of permits, it is the intention of this subsection that Level I and
Level III permits shall have terms of up to five years and that Level
II permits shall have terms of up to three years.
(2)
Wastewater discharge permits shall be voidable upon
nonuse, cessation of operations or transfer of business ownership.
All wastewater discharge permits are void upon the issuance of a new
wastewater discharge permit.
F.
Transfer of a permit. Wastewater discharge permits
are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to
a new owner, new user, different premises or a new or changed operation.
G.
Revocation of permit.
(1)
Any user who violates the following conditions of
his permit or of this article, or of applicable state and federal
regulations, is subject to having his permit revoked. Violations subjecting
a user to possible revocation of his permit include, but are not limited
to, the following:
(a)
Failure of a user to accurately report the wastewater
constituents and characteristics of his discharge;
(b)
Failure of the user to report significant changes
in operations, or wastewater constituents and characteristics;
(c)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring;
(d)
Violation of conditions of the permit;
(e)
Failure to meet effluent limitations, pay fines,
pay sewer charges, meet compliance schedules, complete a wastewater
survey or the wastewater discharger permit application, or provide
advanced notice of the transfer of a permitted facility;
(f)
Violation of any pretreatment standard or requirement,
or any terms of the wastewater discharge permit or this article.
(2)
Procedure for revocation of permit. Whenever the Borough
Manager or his designee finds that any person has violated or is violating
this article, or any prohibition, limitation or requirement contained
herein, and that person has an industrial discharge permit, the Borough
Manager shall inform the user in writing of the violation(s) pursuant
to the enforcement response guide prepared by the Borough. The user
shall be informed of the time in which to make the necessary corrections.
If the corrections are not made within the time allotted, then the
Borough Manager may revoke the discharge permit. The revocation of
industrial discharge permit by the Borough Manager may be appealed
by written request to the Borough Council within 10 days after the
permit has been revoked. Borough Council shall schedule a hearing
thereon and determination the proprietary of the Borough Manager's
decision for the revocation of said permit.
H.
Permit appeals. Any person, including the industrial
user, may petition the Borough to reconsider the terms of the wastewater
discharge permit within 30 days of its issuance.
[Amended 4-1-2013 by Ord.
No. 1287]
(1)
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
(3)
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
(4)
If the Borough fails to act within 30 days, a request
for reconsideration shall be deemed to be denied. Decision not to
reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall
be considered final administrative action for purposes of judicial
review.
(5)
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas for Lehigh County
within the time frame set forth by the Commonwealth of Pennsylvania
for filing such appeals.
I.
Wastewater discharge permit modification.
(1)
The Borough Manager may modify the wastewater discharge
permit for good cause including, but not limited to, the following:
(a)
To incorporate any new or revised federal, state
or local pretreatment standards or requirements.
(b)
To address significant alterations or additions
to the industrial user's operation, processes or wastewater volume
or character since the time of the wastewater discharge permit issuance.
(c)
A change in the POTW that requires either a
temporary or permanent reduction or elimination of the authorized
discharge.
(d)
Information indicating that the permitted discharge
poses a threat to the Borough's POTW, Borough personnel or the receiving
waters.
(e)
Violation of any terms or conditions of the
wastewater discharge permit.
(f)
Misrepresentation or failure to fully disclose
all relevant facts in the wastewater discharge permit application
or in any required reporting.
(g)
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.
(i)
To reflect a transfer of the facility ownership
and/or operation to a new owner/operator.
(j)
New or increased POC discharges as prohibited slug discharges.
When new or increased pollutant loadings, with or without an action
level, substantially exceed the usual background levels and the effects
on the plant and the Lehigh River are unknown, the Borough can temporarily
or permanently classify them as prohibited slug discharges. The sewer
user or qualified others must provide documentation to the Borough
to demonstrate that the discharge is acceptable for release to the
sewer. Proposals for flow equalization will be considered.
[Added 4-1-2013 by Ord.
No. 1287]
(2)
The filing of a request by the permittee for a wastewater
discharge permit modification does not stay any wastewater discharge
permit condition.
[Amended 6-3-1985 by Ord. No. 889; 1-9-1990
by Ord. No. 951; 11-6-1995 by Ord. No. 1044]
A.
General enforcement procedures.
(1)
The Borough will prepare and adopt an enforcement
response guide for the purpose of assisting in identifying industrial
user noncompliance and responding with the appropriate enforcement
measures. The enforcement response guide will be adopted by resolution
of Borough Council and will be amended or modified from time to time
by resolution of Council. Enforcement options available to the Borough
include suspension of wastewater treatment service, revocation of
industrial discharge permit, assessment of civil and/or criminal penalties,
assessment of administrative fines and issuance of administrative
orders and court action for injunctive relief.
(2)
Remedies nonexclusive. The provisions of this section
are not exclusive remedies. The Borough of Catasauqua reserves the
right to take any, all or any combination of these actions against
a noncompliant user. Enforcement of pretreatment violations will generally
be in accordance with the Borough's enforcement response plan. However,
the Borough reserves the right to take other action against any user
when the circumstances warrant. Further, the Borough of Catasauqua
is empowered to make more than one enforcement action against any
noncompliant user. These actions may be taken concurrently.
(3)
Annual publication of significant noncompliance. A
list of industries which were in significant noncompliance and/or
which were subject to enforcement proceedings during the previous
calendar year shall be annually published by the Borough in a newspaper
of general circulation that provides meaningful public notice within
the service area.
[Amended 4-1-2013 by Ord.
No. 1287]
B.
Administrative enforcement remedies.
(1)
Whenever the Borough Manager finds that any user has
violated or is violating this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment requirement,
the Borough Manager or his agent may serve upon said user a written
notice of violation. Within 30 days of the receipt of this notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall
be submitted by the user to the Borough Manager. Submission of this
plan in no way relieves the user of liability for any violations occurring
before or receipt of the notice of violation. Nothing in this section
shall limit the Borough of Catasauqua to take any action, including
emergency actions or any other enforcement actions, without first
issuing a notice of violation.
(2)
Consent orders. The Borough Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Subsections B(4) and (5), below, and shall be judicially enforceable.
(3)
Show cause hearing. The Borough Manager may order
any user which causes to contributes to violation(s) of this article,
wastewater discharge permit, or orders issued hereunder, or any other
pretreatment standard or requirement, to appear before the Borough
Manager and show cause why a proposed enforcement action should not
be taken. Notice shall be served on the user specifying the time and
place for the meeting, the proposed enforcement action, the reasons
for such action, and a request that the user show cause why this proposed
enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return
receipt requested) at least 20 days prior to the hearing. Such notice
may be served on any authorized representative of the user. Whether
or not the user appears as ordered, immediate enforcement action may
be pursued following the hearing date. A show cause hearing shall
not be a prerequisite for taking any other action against the user.
(4)
Compliance orders. When the Borough Manager finds
out a user has violated or continues to violate the ordinance, wastewater
discharge permits or orders issued hereunder, or any other pretreatment
standard or requirement, the Manager may issue an order to the user
responsible for the discharge directing that the user come into compliance
and setting forth a time frame to achieve compliance. If the user
does not come into compliance within the required time frame, sewer
service shall be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. A compliance order may also contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a federal pretreatment standard or
requirements, nor does a compliance order release the user of liability
from any violation, including any continuing violation. Issuance of
a compliance order shall not be a prerequisite to taking any other
action against the user.
(5)
Cease and desist. When the Borough Manager finds out
the user is violating this article, the user's wastewater discharge
permit, any order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely to recur,
the Borough Manger may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
(a)
Immediately comply with all requirements.
(b)
Take such appropriate remedial or preventative
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 prerequisite to
taking any other action against the user.
(6)
Emergency suspensions. The Borough Manager may immediately
suspend a user's discharge (after informal notice to the user) whenever
such suspension is necessary in order to stop an actual or threatened
discharge which reasonably appears to present or cause an imminent
or substantial endangerment to the health or welfare of persons. The
Borough Manager may also immediately suspend the user's discharge
(after notice and opportunity to respond) that threatens to interfere
with the operation of the POTW, or which presents or may present an
endangerment to the environment.
(a)
Any user notified of a suspension of its discharge immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Borough Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Borough Manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough that the period of endangerment has passed, unless the termination proceedings set forth in Subsection B(7) are initiated against the user.
(b)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Borough Manager, prior to the date of any show cause or termination hearing under Subsection B(3) and Subsection B(7).
(c)
Nothing in this section shall be interpreted
as requiring a hearing prior to any emergency suspension under this
section.
C.
Judicial enforcement remedies.
(1)
Injunctive relief. Whenever a user has violated a
pretreatment standard or requirement or continues to violate the provisions
of this article, wastewater discharge permits or orders issued hereunder,
or any other pretreatment requirement, the Borough Manager may petition
the Court of Common Pleas of Lehigh County through the Borough Solicitor
for the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, order or other requirement imposed by this article
on activities of the industrial user. Such other action as appropriate
for legal and/or equitable relief may also be brought by the Borough.
A petition for injunctive relief need not be filed as a prerequisite
to taking any other action against the user.
(2)
Civil penalties. Civil penalties may be assessed against
any user who violates any provision of this article including, but
not limited to, any provision of the pretreatment permit issued under
the provisions of this article. The civil penalty policy as set forth
in Ordinance 1021 of the Borough of Catasauqua,[1] which ordinance is made a part hereof by reference, as
if the same were fully set forth herein.
(3)
Criminal prosecution.
(a)
Any user that willfully or negligently violates
any provision of this article, any orders or wastewater discharge
permits issued hereunder or any other pretreatment requirements shall,
upon conviction, be guilty of a misdemeanor, punishable by a fine
of not more than $1,000 per violation per day or imprisonment for
not more than 90 days, or both.
(b)
Any user that willfully or negligently introduces
any substance into the POTW which causes personal injury or property
damage shall, upon conviction, be guilty of a misdemeanor and be subject
to a penalty of at least $1,000 and/or be subject to imprisonment
for 90 days. This penalty shall be in addition to any other cause
of action for personal injury or property damage available under state
law.
(c)
Any user that knowingly makes any false statement
or certification in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
article, wastewater discharge permit or order, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this article shall, upon conviction, be punished by
a fine of not more than $1,000 per violation per day or imprisonment
for not more than 90 days.
(d)
In the event of a second conviction, a user
shall be punished by a fine of not more than $1,000 per violation
per day or imprisonment for not more than 90 days, or both.
D.
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
[Added 4-1-2013 by Ord.
No. 1288]
[Amended 11-6-1995 by Ord. No. 1044]
A.
Upset.
(1)
For the purpose of this section, "upset" means an
exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors
beyond a reasonable control of the industrial user. An upset does
not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventative maintenance or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action Borough for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3), are met.
(3)
An industrial user who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence, that:
(a)
An upset occurred and the industrial user can
identify the cause(s) of the upset.
(b)
The facility was, at the time, being operated
in a prudent and workmanlike manner and in compliance with the applicable
operation and maintenance procedures.
(c)
The industrial user has submitted the following
information to the POTW treatment operator within 24 hours of becoming
aware of the upset, and if this information is provided orally, a
written submission must be provided within five days:
[1]
A description of the indirect discharge and
a cause of noncompliance.
[2]
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the noncompliance
is expected to continue.
[3]
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
(4)
In any enforcement proceeding, the industrial user
seeking to establish the occurrence of an upset shall have the burden
of proof.
(5)
Industrial users will have the opportunity for a judicial
determination on any claim of upset only in an enforcement action
brought for noncompliance with categorical pretreatment standards.
(6)
The industrial user shall control production or all
discharges to the extent necessary to maintain compliance with categorical
pretreatment standards upon reduction, loss or failure of its treatment
facility until the facility is restored or an alternative method of
treatment is provided. This requirement applies in the situation where,
among other things, the primary source of power of the treatment facility
is reduced, lost or fails.
B.
General/specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in § 210-26 of this article, if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1)
A local limit exists for each pollutant discharged
and the industrial user was in compliance with each limit directly
prior to and during the pass through interference; or
(2)
No local limit exists, but the discharge did not change
substantially in nature or constituents from the user's prior discharge
when the Borough was regularly in compliance with its NPDES permit,
and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
C.
Bypass.
(1)
BYPASS
SEVERE PROPERTY DAMAGE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
Substantial physical damage to the treatment facilities which
causes them to become inoperable, or substantial and permanent loss
of natural resources which can reasonably be expected to occur in
the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
(3)
Notice.
(a)
If an industrial user knows in advance of the
bypass, it shall submit prior notice to the POTW, at least 10 days
before the date of the bypass, if possible.
(b)
An industrial user shall submit oral notice
of an unanticipated bypass that exceeds applicable pretreatment standards
to the POTW within 24 hours from the time [he] becomes aware of that
bypass. A written submission shall also be provided within five days
of the time the industrial user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times and, if
the bypass has not been corrected, the anticipated time [it] is expected
to continue; and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass. The POTW may waive the written report
on a case-by-case basis if the oral report has been received within
24 hours.
(4)
Prohibited bypass; exceptions.
(a)
Bypass is prohibited, and the POTW may take
enforcement action against an industrial user for bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage.
[2]
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
wastes or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal periods of equipment
downtime or preventative maintenance.
[Amended 9-6-1994 by Ord. No. 1018; 11-6-1995
by Ord. No. 1044]
The Borough of Catasauqua may adopt reasonable
charges and fees for reimbursement of costs of setting up and operating
the Borough's pretreatment program which may include:
A.
Fees for wastewater permit applications including
the cost of processing such application.
B.
Fees for wastewater discharge permits, Level I, Level
II and/or Level III.
C.
Fees for monitoring, inspection and surveillance procedures
including the cost of collection and analyzing an industrial user's
discharge and reviewing monitoring reports submitted by industrial
users.
D.
Fees for reviewing and responding to accidental discharge
procedures and construction.
E.
Fees or filing appeals.
F.
Other fees as the Borough may deem necessary to carry
out the requirements contained herein. These fees relate solely to
the matters covered in this article and are separate from all other
fees, fines and penalties chargable by the Borough.