[Adopted 12-17-2007 by Ord. No. 2007-13]
A.
Purpose and policy. This Part 6 sets forth uniform requirements for users of the publicly owned treatment works of Upper Gwynedd Township and enables the Township to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the general pretreatment regulations (40 CFR Part 403). The objectives of this Part 6 are:
(1)
To prevent the introduction of pollutants into the
publicly owned treatment works which will interfere with its operation;
(2)
To prevent the introduction of pollutants into the
publicly owned treatment works that will pass through the publicly
owned treatment works, inadequately treated, into receiving waters
or the atmosphere, or otherwise be incompatible with the publicly
owned treatment works;
(3)
To protect both publicly owned treatment works personnel
who may be affected by wastewater, sludge and incinerator waste in
the course of their employment and the general public;
(4)
To promote reuse and recycling of industrial wastewater
from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution
of the cost of operation, maintenance and improvement of the publicly
owned treatment works; and
(6)
To enable the Township to comply with its National
Pollutant Discharge Elimination System permit conditions and disposal
requirements and any other federal or state laws to which the publicly
owned treatment works is subject.
B.
Administration.
(1)
This Part 6 provides for the regulation of all users
of the publicly owned treatment works through the issuance of wastewater
discharge permits and through enforcement of general requirements
applicable to all users; authorizes monitoring, compliance and enforcement
activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
(2)
This Part 6 shall apply to all persons outside the
jurisdiction of the Township who are, by contract or agreement with
the Township, users of the publicly owned treatment works of the Township.
Except as otherwise provided herein, the Pretreatment Coordinator
of the Township shall administer, implement and enforce the provisions
of this Part 6. Any powers granted to or duties imposed upon the Pretreatment
Coordinator may be delegated by the Pretreatment Coordinator to other
Township personnel.
C.
Abbreviations and acronyms. The following abbreviations
and acronyms, when used in this Part 6, shall have the designated
meanings:
|
BOD
|
biochemical oxygen demand
| |
|
CFR
|
Code of Federal Regulations
| |
|
COD
|
chemical oxygen demand
| |
|
EPA
|
United States Environmental Protection Agency
| |
|
gpd
|
gallons per day
| |
|
mg/l
|
milligrams per liter
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
PADEP
|
Pennsylvania Department of Environmental Protection
| |
|
POTW
|
publicly owned treatment works
| |
|
RCRA
|
Resource Conservation and Recovery Act
| |
|
SIC
|
standard industrial classification
| |
|
TSS
|
total suspended solids
| |
|
U.S.C.
|
United States Code
|
D.
Definitions.
(1)
ACT or THE ACT
ADMINISTRATOR or THE ADMINISTRATOR
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(a)
[1]
[2]
(b)
(c)
(d)
BEST MANAGEMENT PRACTICES
BIOCHEMICAL OXYGEN DEMAND or BOD
BUILDING SEWER
CATEGORICAL PRETREATMENT STANDARD(S) or CATEGORICAL STANDARD(S)
CHEMICAL OXYGEN DEMAND or COD
COOLING WATER
DE MINIMIS USER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
HOLDING TANK WASTE
IMMEDIATELY
INDIRECT DISCHARGE OR DISCHARGE
INDUSTRIAL USER or USER
INDUSTRIAL WASTE(S)
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MEDICAL WASTE
NATIONAL CATEGORICAL PRETREATMENT STANDARD(S)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(a)
[1]
[2]
[3]
(b)
(c)
[1]
[2]
[3]
NONCONTACT COOLING WATER
NONSIGNIFICANT INDUSTRIAL USER
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT COORDINATOR
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS or POTW
RESIDENTIAL
SEPTIC TANK WASTE
SEWAGE
SEWAGE SYSTEM
SIGNIFICANT INDUSTRIAL USER
(a)
(b)
[1]
[2]
[3]
(c)
SLUG LOAD or SLUG DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STATE
STORMWATER
SUSPENDED SOLIDS
WASTEWATER
WATERS OF THE STATE
Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Part 6, shall have the
meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Administrator of the United States Environmental Protection
Agency.
Director in an NPDES state with an approved state pretreatment
program and the appropriate regional administrator in a non-NPDES
state or NPDES state without an approved state pretreatment program.
If the user is a corporation:
The president, secretary, treasurer or a vice
president of the corporation in charge of a principal business function
or any other person who performs similar policy-making or decisionmaking
functions for the corporation; or
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship,
a general partner or proprietor, respectively.
If the user is a federal, state or local governmental
facility, a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility or his or her designee.
The individuals described in Subsections (a) through (c) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Township.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 155-71A and B. BMPs 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.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C. expressed as a concentration (mg/l), in accordance with
EPA Test Method 405.1, as referenced in 40 CFR 136.3.
Sewer conveying wastewater from the premises of a user to
the POTW.
National Categorical Pretreatment Standards, being any regulation
containing pollutant discharge limits promulgated by the EPA in accordance
with Section 307(b) and (c) of the Act (33 U.S.C. § 1317),
which apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405 to 471.
The quantity of oxygen utilized in the chemical oxidation
of organic matter which is susceptible to conversion to carbon dioxide
and water and expressed as a concentration [milligrams per liter (mg/l)]
in accordance with EPA Test Method 410.1, 410.2, 410.3 or 410.4, as
referenced in 40 CFR 136.3.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
A discharger to the POTW whose contribution is small enough
to have either a negligible or no impact on the POTW.
[Added 10-28-2013 by Ord.
No. 2013-06]
The introduction of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency, including the Regional
Water Protection Division Director.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
A sample which is normally taken from a waste stream, on
a one-time basis, without regard to the flow in the waste stream and
over a period of time not to exceed 15 minutes. When industrial wastewater
volume is not sufficient for analytical purposes in fifteen-minute
periods, the Pretreatment Coordinator may approve, in writing, an
alternative sampling.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump trucks.
This term is based on the intent which it is used within.
However, it shall at least indicate a time frame "of upon discovery"
of incident, or as stated in 40 CFR Part 122.41(1)(6)(i) to (iii),
40 CFR 403.8(f)(1)(vi)(B), 40 CFR 403.8(f)(2)(v)(A) to (D) and/or
as specifically identified within this Part 6.
The discharge or introduction of pollutants (including holding
tank waste) into the POTW from any nondomestic source regulated under
Section 307(b), (c), or (d) of the Act (33 U.S.C. § 1317).
A source of indirect discharge from an establishment, which
discharges or introduces industrial wastes into the POTW.
Any liquid, gaseous, radioactive, solid or other substance,
not sewage, resulting from any manufacturing or industry, or from
any establishment, as herein defined, and mine drainage, refuse, silt,
coal mines, coal collieries, breakers or other coal-processing operation.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial waste flow rate and
the duration of the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW's treatment processes or operations or its sludge processes,
use or disposal and, therefore, is a cause of a violation of the Township's
NPDES permit (including an increase in magnitude or duration of a
violation) or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions
or permits issued thereunder or any more-stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II, commonly referred to as the "Resource Conservation
and Recovery Act (RCRA)"; any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
A permit issued to a POTW pursuant to Section 402 of the
Act (33 U.S.C. § 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any building, structure, facility or installation
from which there is, or may be, a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards pursuant to Section 307(c) of the Act, which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater-generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, such factors as the
extent to which the new facility is integrated with the existing plant
and the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (a) above in this definition but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under
this subsection has commenced if the owner or operator has begun or
caused to begin, as part of a continuous on-site construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work, including
clearing, excavation or removal of existing buildings, structures
or facilities, which is necessary for the placement, assembly or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which is intended to be
used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
For the purposes of this Part 6, "nonsignificant industrial
users" are those users which do not meet the criteria listed in the
definition of "significant industrial user" but warrant the issuance
of a wastewater discharge permit.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, are a cause of a violation
of any requirement of the Township's NPDES permit, including an increase
in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents or assigns. This definition includes all federal, state and
local governmental entities. The masculine gender shall include the
feminine; the singular shall include the plural where indicated by
the context.
The logarithm (Base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution. A measure
of the acidity or alkalinity of a solution, expressed in standard
units.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water, such that harm to
human health or the environment may result.
That portion of the POTW which is designed to provide treatment,
including recycling and reclamation of municipal sewage and industrial
waste.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the POTW. This reduction
or alteration can be obtained by physical, chemical or biological
processes; by process changes, or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
The person designated by the Township to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this Part 6, or a duly authorized representative as delegated by
the Pretreatment Coordinator.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a national pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Township. This definition
includes any devices or systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a POTW treatment
plant.
Any noncommercial, nonindustrial and nonmanufacturing facility
or dwelling.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dish-washing
operations, etc.).
The Township's collection and conveyance system which transports
wastewater to the POTW treatment plant.
A user subject to categorical pretreatment standards;
or
A user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary,
cooling, non-contact-cooling and boiler blowdown wastewater);
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
Is designated as such by the Township on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection (b) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Township may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any pollutant released in a discharge at a flow rate or concentration
which will cause a violation of the specific discharge prohibitions
in 40 CFR 403.5(b) and/or 40 CFR 403.12(f). A slug discharge is any
discharge of a nonroutine, episodic nature, including but not limited
to an accidental spill or a noncustomary batch discharge, which has
a reasonable potential to cause interference or pass-through or in
any other way violate the POTW's regulations, local limits or permit
conditions.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of
or is suspended in, water, wastewater or other liquid and which is
removable by laboratory filtering, in accordance with EPA Test Method
160.1, as referenced in 40 CFR 136.3.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
(2)
"Shall" is mandatory; "may" is permissive.
A.
General prohibitions and standards. No user shall
contribute, introduce or cause to be contributed or introduced, directly
or indirectly, into the POTW any pollutant or wastewater which causes
pass-through or interference. These general prohibitions apply to
all users of the POTW, whether or not the user is subject to categorical
pretreatment standards or any other national, state or local pretreatment
standards or requirements.
B.
Specific prohibitions.
(1)
No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances or wastewater:
(a)
Pollutants which create a fire or explosive
hazard in the POTW, including, but not limited to, waste streams with
a closed-cup flash point of less than 140° F. (60° C.) using
the test methods specified in 40 CFR 261.21.
(b)
Wastewater having a pH less than 6.0 or more
than 10.0 standard units or otherwise causing corrosive structural
damage to the POTW or equipment.
(c)
Solid or viscous substances in amounts which
will cause obstruction of the flow in the POTW resulting in interference,
but in no case solids greater than three inches in any dimension.
(d)
Pollutants, including oxygen-demanding pollutants
(BOD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW.
(e)
Wastewater having a temperature greater than
104° F. (40° C.) being discharged into the sewage system,
unless prior written approval is obtained from the Township, or which
will inhibit biological activity in the POTW treatment plant resulting
in interference, but in no case wastewater which causes the temperature
at the introduction into the POTW treatment plant to exceed 104°
F. (40° C.).
(f)
Petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin in amounts that will cause interference
or pass-through.
(g)
Pollutants which result in the presence of toxic
gases, vapors or fumes within the POTW in a quantity that may cause
acute worker health and safety problems.
(h)
Trucked or hauled pollutants, except at discharge points designated by the Township in accordance with Subsection I hereof.
(i)
Noxious or malodorous liquids, gases, solids
or other wastewater which, either singly or by interaction with other
wastes, is sufficient to create a public nuisance or a hazard to life
or to prevent entry into the sewage system for maintenance or repair.
(j)
Wastewater containing any radioactive wastes
or isotopes, except in compliance with applicable state or federal
regulations.
(k)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage and swimming pool drainage,
unless specifically authorized by the Township.
(l)
Sludges, screenings or other residues from the
pretreatment of industrial wastes.
(m)
Medical wastes, except as specifically authorized
by the Township.
(n)
Wastewater causing, alone or in conjunction
with other sources, the POTW treatment plant's effluent to fail a
toxicity test.
(o)
Detergents, surface-active agents, or other
substances which may cause excessive foaming in the POTW.
(p)
Any substance which will cause the POTW to violate
its NPDES and/or state solid waste disposal permit or air quality
and/or receiving water quality standards.
(2)
When the Township determines that a user(s) is contributing
to the POTW any of the above enumerated substances in such amounts
as to cause interference with the operation of the POTW and/or POTW
treatment plant, the Township shall: a) advise the user(s) of the
impact of the contribution on the POTW and/or POTW treatment plant;
b) develop effluent limitations for such user(s) to correct the interference
with the POTW and/or POTW treatment plant; and c) proceed with enforcement
pursuant to the provisions of this Part 6 and the Township's Enforcement
Response Plan.[1] Pollutants, substances or wastewater prohibited by this
section shall not be processed or stored in such a manner that it
has a reasonable potential to be discharged to the POTW.
[1]
Editor's Note: A copy of the Enforcement Response
Plan is available in the Township offices.
C.
National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471, are hereby incorporated into this Part 6 by reference as though set forth in full.
(1)
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the Pretreatment Coordinator may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the Pretreatment Coordinator shall impose an alternate limit using
the combined waste stream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
D.
Modification of National Categorical Pretreatment
Standards. Where the Township's POTW treatment plant achieves consistent
removal of pollutants limited by national pretreatment standards,
the Township may apply to the approval authority for modification
of specific limits in the national pretreatment standards. "Consistent
removal" shall mean reduction in the amount of a pollutant or alteration
of the nature of the pollutant by the POTW treatment plant to a less
toxic or harmless state in the effluent which is achieved by the POTW
treatment plant in 50% of the samples taken when measured according
to the procedures set forth in Section 403.7(b)(2) of 40 CFR Part
403, General Pretreatment Regulations for Existing and New Sources
of Pollution, promulgated pursuant to the Act. The Township may then
modify pollutant discharge limits in the national pretreatment standards
if the requirements contained in 40 CFR Part 403, Section 403.7(a)(2),
are fulfilled and prior approval from the approval authority is obtained.
E.
Dilution. No user shall ever increase the use of process
water, or in any way attempt to dilute a discharge, as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Township may impose mass
limitations on users who are using dilution to meet applicable pretreatment
standards or requirements or in other cases when the imposition of
mass limitations is appropriate.
F.
Local limits.
(1)
Specific pollutant discharge limitations: local limits.
In accordance with 40 CFR 403.5(c), the Township imposes the following
specific pollutant discharge limitations for all industrial users,
whereby no person shall discharge wastewater containing in excess
of the following:
[Amended 11-22-2010 by Ord. No. 2010-07; 3-25-2013 by Ord. No. 2013-02; 10-28-2013 by Ord. No. 2013-06; 10-19-2021 by Ord. No. 2021-05]
|
Pollutant
(total)
|
Local Limit
(mg/l)
|
|---|---|
|
Arsenic
|
0.12
|
|
Aluminum
|
28.3
|
|
CBODs
|
750
|
|
Cadmium
|
0.004
|
|
Chromium (T)
|
5.96
|
|
Chromium (hex.)
|
0.17
|
|
Copper
|
1.07
|
|
Cyanide (T)
|
0.30
|
|
Cyanide (free)
|
0.05
|
|
Cyanide (amenable)
|
0.05
|
|
Lead
|
0.08
|
|
Mercury
|
0.0003
|
|
Nickel
|
0.64
|
|
Nitrogen, ammonia
|
50.0
|
|
Oil/grease
|
100
|
|
Phenols (T)
|
22.50
|
|
Phosphorus (T)
|
24.9
|
|
Total suspended solids
|
750
|
|
Selenium
|
0.03
|
|
Silver
|
0.18
|
|
Zinc
|
1.02
|
|
Parameter
|
Maximum Daily
(mg/l)
|
|---|---|
|
COD
|
1,500
|
|
Color
|
200 PCU
|
|
Residual chlorine
|
0.6
|
|
Iron, total
|
Monitor only
|
(2)
The specific pollutant discharge limitations listed
above are the highest allowable concentration in any type of sample,
either a grab or composite, collected over any time interval. All
concentrations for metallic substances are for "total" metal, unless
indicated otherwise.
(3)
The specific pollutant discharge limitations listed
above apply at the point where the wastewater is discharged to the
POTW or at the point designated by the Pretreatment Coordinator.
(4)
Nondomestic sewage; de minimis exemption from local
limits.
(a)
The Township reserves the right to apply the specific pollutant discharge
limitations listed above to any user's wastewater discharge which
is not composed of strictly domestic sewage.
(b)
The Township also reserves the right to grant a “de minimis”
exemption from the local limits to a discharger (other than a significant
industrial user) whose contribution to the POTW treatment plant is
small enough to have either a negligible or no impact on the POTW
treatment plant or the environment.
[Added 5-23-2011 by Ord.
No. 2011-02[2]]
[1]
“De minimis” is defined as any discharge which contributes less than 0.5% of the “allowable industrial loading,” as approved by the United States Environmental Protection Agency, for parameters set forth in Subsection F(1).
[2]
Any de minimis exemption must be requested, in writing, by the discharger.
Such request shall state the justification for applying for the exemption.
Any discharger which requests such an exemption shall be required
to sample its discharge for all local limit parameters to demonstrate
compliance with the de minimis requirement. The Township can perform
this sampling at the request of the discharger. Should the results
of the sampling demonstrate that the discharge meets the de minimis
requirement, the Township shall notify the discharger that the Township
intends to classify it as a de minimis discharger. Unless the discharger
submits objections within 30 days, the Township shall modify the individual
permit of the discharger granting the de minimis status, exempting
the discharger from applicability of local limits and removing any
monitoring requirements associated therewith. The Township reserves
the right to sample the de minimis discharger or inspect its facility,
at the Township’s discretion, should the Township feel circumstances
warrant such sampling or inspection.
[2]
Editor's Note: This ordinance became effective 1-1-2011.
(5)
The Township may impose mass limitations in addition
to, or in place of, the concentration-based limitations above, whereas
the Township reserves the right to establish alternate specific pollutant
discharge limitations in individual industrial waste discharge permits,
but only in accordance with regulatory requirements. At no time will
the summation of the industrial users' discharges be greater than
the allowable industrial headworks loading as determined in the Township's
most recent local limits evaluation approved by the approval authority.
The specific pollutant discharge limitations, if more stringent than
the National Categorical Pretreatment Standards, shall immediately
supersede the national categorical standards.
(6)
All test procedures shall conform to an approved analysis
method as indicated in 40 CFR Part 136, as revised.
G.
Accidental discharges.
(1)
Each user shall provide protection from accidental
discharges of prohibited materials or other substances regulated by
this Part 6. Where facilities are provided to prevent accidental discharge
of prohibited materials, these facilities shall be provided and maintained
at the owner's or user's own cost and expense. In the case of an accidental
discharge, it shall be the responsibility of the user, upon discovery
and after assessing the situation and taking initial corrective action,
if possible, to immediately telephone and notify the Pretreatment
Coordinator of the incident. The notification shall include location
of discharge, type of waste, estimated concentration and volume, if
known, and initial corrective actions taken by the user.
(2)
Written notice. Within five business days following
an accidental discharge, the user shall submit to the Pretreatment
Coordinator a detailed written report describing the cause of the
discharge, all corrective measures implemented or attempted, and measures
to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expenses, loss, damage
or other liability which may be incurred as a result of damage to
the POTW, fish kills, or any other damage to person or property, nor
shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed under this Part 6 or other
applicable ordinances or laws.
(3)
Notice to employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall ensure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
H.
Accidental discharge/slug control plans.
(1)
An accidental discharge or slug control plan may be
required:
(a)
For all new source users. Where required by
the Township, detailed plans showing facilities and operating procedures
to provide protection from accidental discharges or slugs shall be
submitted to the Township for review and shall be approved by the
Township before construction of the facility.
(b)
For existing users, the Township shall evaluate
whether each user needs an accidental discharge/slug control plan.
(2)
When an existing user is required by the Township
to provide and/or modify an accidental discharge/slug control plan,
the user shall provide the plan within 60 days of notification. Should
the plan require construction or implementation of measures to meet
compliance, the plan shall provide a schedule for those actions. After
initial review, should additional information be required to provide
a complete plan, it shall be furnished to the Pretreatment Coordinator
within 30 days. Failure to submit a revised plan and/or failure to
provide a complete plan after the thirty-day submission period may
render the wastewater discharge permit void.
(3)
The Township's review and approval of such plans and
operating procedures shall not relieve the user from the responsibility
to modify the user's facility as necessary to meet the requirements
of this Part 6.
(4)
An accidental discharge/slug control plan shall address,
at a minimum, the following:
(a)
Description of discharge practices, including
nonroutine batch discharges;
(b)
Description of stored chemicals;
(c)
Procedures for immediately notifying the Pretreatment
Coordinator of any accidental or slug discharge, as required by this
section; and
(d)
Procedures to prevent adverse impact from any
accidental or slug discharge. Such procedures shall include, but are
not limited to, inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, the building of containment
structures or equipment, measures for containing toxic organic pollutants,
including solvents, and/or measures and equipment for emergency response.
(5)
An approved PADEP pollution control prevention plan
may substitute for all or a portion of this plan.
I.
Hauled wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by the Pretreatment Coordinator and at such times as are established by the Pretreatment Coordinator. Such waste shall not violate any section of this Part 6 or any other requirements established by the Township. The Township may require septic tank waste haulers to obtain wastewater discharge permits.
(2)
The Township shall require haulers of industrial waste
to obtain wastewater discharge permits. The Township may require generators
of hauled industrial waste to obtain wastewater discharge permits.
The Pretreatment Coordinator also may prohibit the disposal of hauled
industrial waste at the POTW. The discharge of hauled industrial waste
is subject to all other requirements of this Part 6.
(3)
Industrial waste haulers may discharge loads only
at locations designated by the Pretreatment Coordinator. No load may
be discharged to the POTW without prior consent of the Township. The
Township may collect samples of each hauled load to ensure compliance
with applicable standards. The Township may require the industrial
waste hauler to provide a wastewater analysis of any load prior to
discharge.
(4)
Industrial waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of wastewater, and volume and characteristics
of wastewater. The form shall identify the type of industry, the known
or suspected wastewater constituents, and whether any wastewaters
are RCRA hazardous wastes.
A.
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this Part 6 and shall achieve compliance with all applicable categorical pretreatment standards, local limits, and the prohibitions set out in § 155-71A and B hereof within the time limitations specified by the agency issuing the standards. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Township for review and shall be acceptable to the Township before such facilities are constructed. The Township's review of such plans and operating procedures shall in no way relieve the user from the responsibility of additional or future modifications of such facilities as necessary to produce a discharge acceptable to the Township under the provisions of this Part 6.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, the Township may require
users to restrict their discharge during peak flow periods, designate
that certain wastewater be discharged only at specific points of the
sewage system, relocate and/or consolidate points of discharge, separate
sewage waste streams from industrial waste streams, and/or such other
conditions as may be necessary to protect the POTW and determine the
user's compliance with the requirements of this Part 6.
(2)
The Township may require any person discharging into
the POTW to install and maintain, on its property and at its expense,
a suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
(3)
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Township, they are necessary for the proper
handling of wastewater containing excessive amounts of grease and
oil or sand, except that such interceptors shall not be required for
residential sources. All interception units shall be of type and capacity
approved by the Township and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned and repaired regularly, as needed, by the user at its expense.
A.
Wastewater discharges. It shall be unlawful to discharge
within any area under the jurisdiction of the Township and/or to the
POTW any wastewater except as authorized by the Township in accordance
with the provisions of this Part 6, subject to state and federal laws
and regulations.
B.
Wastewater analysis. When requested by the Township,
a user must submit information on the nature and characteristics of
its wastewater within 30 days of the request unless additional time
is approved, in writing, by the Township. The Township may periodically
require users to update this information.
C.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater
into the POTW without first obtaining a wastewater discharge permit
from the Township. A user permitted by the Township may discharge
for the time period specified in the wastewater discharge permit.
(2)
The Township may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this Part
6.
(3)
Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this Part 6 and shall
subject the wastewater discharge permittee to the sanctions set out
in this Part 6. Obtaining a wastewater discharge permit does not relieve
a permittee of its obligation to comply with all federal and state
pretreatment standards or requirements or with any other requirements
of federal, state, and local law.
D.
Wastewater discharge permitting: existing connections.
Any user required to obtain a wastewater discharge permit who was
discharging wastewater into the POTW prior to the effective date of
this Part 6 and who wishes to continue such discharges in the future
shall, within 30 days after said date, apply to the Township for a
wastewater discharge permit or request an extension of its wastewater
discharge permit in accordance with this Part 6. The Township may
issue a new or temporary wastewater discharge permit without requiring
a new application from the user. When a new wastewater discharge permit
is required by the Township, a complete application shall be submitted
within 90 days of written notification. No user shall cause or allow
discharges to the POTW to continue after 30 days of the effective
date of this Part 6 except in accordance with a wastewater discharge
permit issued by the Township unless a written extension of an existing
wastewater discharge permit has been requested and/or approved by
the Township.
E.
Wastewater discharge permitting new connections. Any
user required to obtain a wastewater discharge permit who proposes
to begin or recommence discharging into the POTW must obtain such
permit prior to the beginning or recommencing of such discharge. An
application for this wastewater discharge permit, in accordance with
this Part 6, must be filed at least 90 days prior to the date upon
which any discharge will begin or recommence.
F.
Wastewater discharge permit application contents.
(1)
All users required to obtain a wastewater discharge
permit shall complete and file with the Township a permit application
which incorporates the information prescribed in this Part 6. The
Township may require all users to submit as part of an application
the following information:
(b)
Description of activities, facilities and plant
processes on the premises, including a list of all raw materials and
chemicals used or stored at the facility which are, or could accidentally
or intentionally be, discharged to the POTW;
(c)
Number and type of employees, hours of operation,
and proposed or actual hours of operation;
(d)
Each product produced, by type, amount, process
or processes, and rate of production;
(e)
Type and amount of raw materials processed (average
and maximum per day);
(f)
Site plans, floor plans, mechanical and plumbing
plans, and details to show all sewers, floor drains, and appurtenances
by size, location and elevation, and all points of discharge;
(g)
Time and duration of discharges;
(h)
Wastewater constituents and characteristics
sampling and analysis shall be performed in accordance with Section
304(g) of the Act and 40 CFR Part 136, as amended; and
(i)
Any other information as may be deemed necessary
by the Township to evaluate the wastewater discharge permit application.
(j)
Information on any user-specific health and
safety or chemical awareness training required for Township personnel
prior to entry into the user's facility.
(2)
Incomplete or inaccurate wastewater discharge permit
applications will not be processed and will be returned to the user
for revision. All site plans, floor plans, mechanical and plumbing
plans, all other types of construction plans, and process diagrams
which are subject to the requirements of this Part 6 shall be signed
by an authorized representative of the user who is familiar with the
information and its accuracy. It is recommended that the above information
be signed and sealed by a professional engineer who is licensed in
the Commonwealth of Pennsylvania to ensure compliance with sound engineering
and all applicable federal, state and local codes and statutes.
G.
Application signatories and certification. All wastewater
discharge permit applications and user reports must be signed by an
authorized representative of the user and contain the following certification
statement:
|
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
|
H.
Wastewater discharge permit decisions. The Township
will evaluate the data furnished by the user and may require additional
information. Within 60 days of receipt of a complete wastewater discharge
permit application, the Township will determine whether or not to
issue a wastewater discharge permit. The Township may deny any application
for a wastewater discharge permit which does not comply with the requirements
of this Part 6 or applicable federal and state laws and regulations.
A.
Wastewater discharge permit duration. A wastewater
discharge permit shall be issued for a specified time period, not
to exceed five years from the effective date of the permit. A wastewater
discharge permit may be issued for a period less than five years,
at the discretion of the Township. Each wastewater discharge permit
will indicate a specific date upon which it will expire.
B.
Wastewater discharge permit contents. A wastewater
discharge permit shall include such conditions as are deemed reasonably
necessary by the Township.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates wastewater discharge
permit duration, which in no event shall exceed five years;
(c)
Effluent limits, including best management practices,
based on applicable pretreatment standards;
(d)
Self-monitoring, sampling, reporting, notification,
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type, based on federal, state and local law.
In the case of de minimis users, the Township may, in its discretion,
reduce or eliminate any such requirements;
[Amended 10-28-2013 by Ord. No. 2013-06]
(e)
A statement of applicable civil and criminal
penalties for violation of pretreatment standards and requirements,
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state and/or local law; and
(f)
User data, based upon its application, where
within its property health and safety training is required for access.
(2)
Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(a)
Limits on the average and/or maximum rate of
discharge, time of discharge, and/or requirements for flow regulation
and equalization;
(b)
Requirements for the installation of pretreatment
technology pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the introduction
of pollutants into the POTW;
(c)
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges;
(d)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(e)
The unit charge or schedule of user charges
and fees for the management of the wastewater discharged to the POTW;
(f)
Requirements for installation and maintenance
of inspection and sampling facilities and equipment;
(g)
A statement that compliance with the wastewater
discharge permit does not relieve the permittee of responsibility
for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term
of the wastewater discharge permit; and
(h)
Other conditions as deemed appropriate by the
Township to ensure compliance with this Part 6 and state and federal
laws, rules and regulations.
C.
Wastewater discharge permit appeals. The Township
shall provide public notice of the issuance of a wastewater discharge
permit. Any person, including the user, may petition the Township
to reconsider the terms of a wastewater discharge permit within 30
days of notice of its issuance.
(1)
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection, and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
(3)
The conditions of the current wastewater discharge
permit shall remain in effect pending the appeal of the new wastewater
discharge permit.
(4)
If the Township fails to act within 30 days, a request
for reconsideration shall be deemed to be denied. Decisions not to
reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
(5)
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas of Montgomery County,
Pennsylvania, within 30 days of the final administrative wastewater
discharge permit decision.
D.
Wastewater discharge permit modification. The Township
may modify a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state or
local pretreatment standards or requirements;
(2)
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance;
(3)
To reflect a change in the POTW that requires either
a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Information indicating that the permitted discharge
poses a threat to the Township's POTW, Township personnel or the receiving
waters;
(5)
Violation of any terms or conditions of the wastewater
discharge permit;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater
discharge permit; or
(9)
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
E.
Wastewater discharge permit transfer.
(1)
Wastewater discharge permits 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 without the approval
of the Township. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit, as well as any additional
terms or conditions which may be required as a result of the proposed
transfer.
(2)
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 90 days'
advance written notice to the Township and the Township approves the
wastewater discharge permit transfer. The notice to the Township must
include a written certification by the new owner or operator, which:
(3)
Failure to provide advance notice of a transfer shall
render the wastewater discharge permit void as of the date of facility
transfer.
F.
Wastewater discharge permit revocation.
(1)
The Township may, in accordance with this Part 6 and
the Enforcement Response Plan,[1] revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(a)
Failure to notify the Pretreatment Coordinator
of significant changes to the wastewater prior to the changed discharge;
(b)
Failure to provide prior notification to the Pretreatment Coordinator of changed conditions pursuant to § 155-75E hereof;
(c)
Misrepresentation or failure to fully disclose
all relevant facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow the Township timely access
to the facility premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the
wastewater discharge permit application;
(l)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
(m)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this Part 6.
[1]
Editor's Note: The Enforcement Response Plan,
adopted 12-17-2007 by Resolution No. 15-2007, is available in the
Township offices.
(2)
Wastewater discharge permits shall be voidable upon
cessation of operations for a period exceeding six months or transfer
of business ownership. All wastewater discharge permits issued to
a particular user are void upon the issuance of the new wastewater
discharge permit to that user.
G.
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 155-73F hereof, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. It is the responsibility of the user to request a wastewater discharge permit application form no less than 120 days prior to the expiration of the existing wastewater discharge permit. The application form shall include calibration reports on the required flow-monitoring devices used during the term of the prior wastewater discharge permit.
H.
Regulation of waste received from other jurisdictions.
(1)
If another municipality or user located within another
municipality outside of the jurisdiction of the Township contributes
wastewater to the POTW, the Township shall enter into a binding agreement
with the contributing municipality.
(2)
Prior to entering into an agreement required by Subsection H(1) above, the Township shall request the following information from the contributing municipality:
(3)
A binding agreement, as required by Subsection H(1) above, shall contain the following conditions:
(a)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part 6, an enforcement response plan, a surcharge ordinance and local limits which are at least as stringent as those set out in § 155-71F hereof. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Township's ordinances or local limits;
(b)
A requirement for the contributing municipality
to submit a revised user inventory on at least an annual basis;
(c)
A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance, inspection
and sampling, and enforcement, will be conducted by the contributing
municipality, which of these activities will be conducted by the Township,
and which of these activities will be conducted jointly by the contributing
municipality and the Township;
(d)
A requirement for the contributing municipality
to provide the Township with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(e)
Limits on the nature, quality and volume of
the contributing municipality's wastewater at the point where it discharges
to the POTW;
(f)
Requirements for monitoring the contributing
municipality's discharge;
(g)
A provision ensuring the Township access to
the facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling
and any other duties deemed necessary by the Township; and
(h)
A provision specifying remedies available for
breach of the terms of the binding agreement and authorizing the Township
to take legal action to enforce the terms of the contributing municipality's
ordinance or impose and enforce pretreatment standards.
A.
Baseline monitoring reports.
(1)
Requirements for existing users and new sources.
(a)
Within 180 days after either the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing users currently discharging to or scheduled to discharge to the POTW shall submit to the Township a report which contains the information listed in Subsection A(2), below. Where a user is not an existing categorical user, the user may request in writing to the Township that the provisions of the subsection be waived.
(b)
At least 90 days prior to commencement of their discharge, new sources and sources that become users subsequent to the promulgation of an applicable categorical standard shall submit to the Township a report which contains the information listed in Subsection A(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information
set forth below.
(a)
Identifying information: the name and address
of the facility, including the name of the operator and owner.
(b)
Environmental permits: a list of any environmental
control permits held by or for the facility.
(c)
Description of operations: a brief description
of the nature, average rate of production, and standard industrial
classifications of the operations carried out by such user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(d)
Flow measurement: information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
Required flow-measuring devices shall be approved by the Township
prior to installation. The flow-measuring device(s) shall be compatible
with the process involved and shall be accurate. The flow-measuring
device(s) shall be calibrated semiannually, which calibration reports
shall be included as part of the wastewater discharge permit application
form.
(e)
Measurement of pollutants:
[1]
The categorical pretreatment standards applicable
to each regulated process.
[2]
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Township, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection I hereof.
(3)
Certification. A statement, reviewed by the user's
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(4)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection B hereof.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection A(4) hereof:
(1)
The schedule shall contain progress increments (milestones)
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning
and conducting routine operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Township
no later than 14 days following each date in the schedule and the
final date of compliance, including, at a minimum, whether or not
it complied with the increment of progress, including the overall
completion date, the reason for any delay and, if appropriate, the
steps being taken by the user to return to the established schedule;
and
(4)
In no event shall more than nine months elapse between
such progress reports to the Township.
C.
Reports on compliance with pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Township a report containing the information described in Subsection A(2)(d) and (e) hereof. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 155-73G hereof.
D.
Periodic compliance reports for all users.
(1)
All significant and nonsignificant industrial users shall, at a frequency determined by the Township but in no case less than semiannually, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and/or contained in a valid wastewater discharge permit and the measured or estimated average and maximum daily wastewater flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 155-73G hereof.
(2)
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow-measurement facilities
shall be properly operated, kept clean, and maintained in good working
order at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
E.
Reports of changed conditions. Each user must notify
the Pretreatment Coordinator of any planned significant changes to
the user's operations or system which might alter the nature, quality
or volume of its wastewater at least 90 days before the change occurs.
(1)
The Township may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 155-73F hereof.
(3)
For purposes of this requirement, significant changes
include, but are not limited to, average flow increases of 20% or
greater and the discharge of any previously unreported pollutants
at levels that may cause pass-through or interference.
F.
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited
to, accidental discharges, discharges of a nonroutine episodic nature,
a noncustomary batch discharge, or a slug load, that may cause potential
problems for the POTW, the user, upon discovery and after assessing
the situation and taking initial corrective action, shall immediately
telephone and notify the Pretreatment Coordinator of the incident.
This notification shall include the location of the discharge, type
of waste, concentration and volume, if known, and initial corrective
actions taken by the user.
(2)
Within five business days following such discharge,
the user shall submit a detailed written report describing the cause(s)
of the discharge and the measures to be taken and/or that have been
implemented by the user to prevent similar future occurrence. Such
notification shall not relieve the user of any expense, loss, damage
or other liability which may be incurred as a result of damage to
the POTW, fish kills, or any other damage to person or property, nor
shall such notification relieve the user of any fines, penalties or
other liability which may be imposed pursuant to this Part 6 or other
applicable ordinances or laws.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required
to obtain a wastewater discharge permit may be required to provide
appropriate reports to the Township as the Township shall require.
H.
Notice of violation; repeat sampling and reporting.
(1)
If sampling performed by the Pretreatment Coordinator
indicates a violation, the Pretreatment Coordinator will repeat sampling
and analysis within 30 days of becoming aware of a violation.
(2)
If sampling performed by the user indicates a violation,
the user must notify the Pretreatment Coordinator within 24 hours
of becoming aware of the violation. The user shall repeat the sampling
within 96 hours and shall submit the analytical results to the Pretreatment
Coordinator within 30 days of the repeat sampling.
(3)
Where the user believes the first reported result(s)
indicating a violation(s) may be in error, the user may submit additional
data to support its position with the repeat sampling results.
(4)
Where the user believes its facility continues in
violation of its wastewater discharge permit, the user shall notify
the Pretreatment Coordinator, and the ninety-six-hour repeat sampling
requirement of this subsection shall commence at the point the user
believes its facility has returned to compliance.
I.
Analytical requirements. All pollutant analyses, including
sampling techniques, to be submitted as part of a wastewater discharge
permit application or periodic compliance report shall be performed
in accordance with the techniques prescribed in 40 CFR Part 136, as
revised, 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 Township.
J.
Sample collection.
(1)
Except as indicated in Subsection J(2) below, the user must collect wastewater samples using flow-proportional composite collection techniques. In the event flow-proportional sampling is infeasible or not warranted, in the opinion of the Township, the Township may authorize the use of time-proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged or frequency of grab samples acceptable to the Township. Alternate grab-sampling procedures shall be approved by the approval authority. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
K.
Timing. Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
L.
Recordkeeping. Users subject to the reporting requirements
of this Part 6 shall maintain, and make available for inspection and
copying by the Township, all records of information obtained pursuant
to any monitoring activities required by this Part 6, including documentation
associated with best management practices and any additional records
of information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. Records shall include
the date, exact place, method and time of sampling and the name of
the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available
for a period of at least three years. This period shall be automatically
extended for the duration of any litigation concerning the user or
the Township or where the user has been specifically notified of a
longer retention period by the Township.
M.
Notification of the discharge of the hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the Township and the Pretreatment Coordinator, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection E hereof. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Subsections A, C and D hereof.
(2)
Dischargers are exempt from the requirements of Subsection M(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Township, the EPA Regional Waste Management Division
Director, and state hazardous waste authorities of the discharge of
such substance within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this section,
the user shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical.
A.
Right of entry; inspection and sampling. The Township
shall have the right to enter the premises of any user in which to
determine whether the user is complying with all requirements of this
Part 6 and any wastewater discharge permit or order issued hereunder.
Users shall allow the Township ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties required under
this Part 6. A user shall not obstruct, block or otherwise interfere
with access to the sampling point(s).
(1)
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, Township
personnel shall be permitted to enter without delay for the purposes
of performing specific responsibilities.
(2)
The Township shall have the right to set up on the
user's property or require installation of such devices as are necessary
to conduct sampling and/or metering of the user's operations.
(3)
The Township may require the user to install monitoring
equipment as necessary. These sampling and monitoring equipment and
devices shall be maintained at all times in a safe and proper operating
condition by the user at its own expense. These devices used to measure
wastewater flow and quality shall be calibrated semiannually to ensure
their accuracy.
(4)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written request of the Township
and shall not be replaced without approval of the Township. The costs
of clearing such access shall be borne by the user.
(5)
Unreasonable delay in allowing Township personnel
access to the user's premises shall be a violation of this Part 6.
B.
Search warrants. If the Township has been refused
any records or access to a building, structure or property, or any
part thereof, or if the Township believes that there is a need to
inspect and/or sample as part of a routine inspection and sampling
program of the Township designed to verify compliance with this Part
6 or any permit or order issued hereunder or to protect the overall
public health, safety and welfare of the community, then the Township
may seek issuance of a search warrant from the appropriate judicial
authority.
Information and data pertaining to a user obtained
from reports, surveys, wastewater discharge permit application forms,
wastewater discharge permits and monitoring programs, and from the
Township's inspection and sampling activities, shall be available
to the public without restriction, unless the user specifically requests,
and is able to demonstrate to the satisfaction of the Township, that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets under
applicable law. Any such request must be asserted at the time of submission
of the information or data. When demonstrated by the user that such
information should be held confidential and upon written request of
the user, those portions of the information which disclose trade secrets
or secret processes shall not be made available for inspection by
the public but shall be made available immediately upon request to
governmental agencies for uses related to the NPDES program or pretreatment
program and in enforcement proceedings involving the person furnishing
the report. When any such information shall be furnished to a governmental
agency, it shall be clearly identified as confidential information
and shall be segregated from any nonconfidential information. Wastewater
constituents and characteristics and other "effluent data" as defined
by 40 CFR 2.302 will not be recognized as confidential information
and will be available to the public without restriction.
The Township shall publish annually, in a newspaper
published within the boundaries of the service area of the POTW, a
list of the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term "significant noncompliance" shall mean:
A.
Violations of wastewater discharge limits or technical
review criteria:
(1)
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of wastewater measurements
taken during a six-month period exceed the daily maximum limit, monthly
average limit or instantaneous limit for the same pollutant parameter
by any amount;
[Amended 2-27-2012 by Ord. No. 2012-01]
(2)
Technical review criteria (TRC) violations, defined
here as those in which 33% or more of wastewater measurements taken
for each pollutant parameter during a six-month period equals or exceeds
the product of the numeric pretreatment standard or requirement, including
instantaneous limits as defined by 40 CFR 403.3(1), multiplied by
the applicable criterion (1.4 for BOD, TSS, fats, oils and grease
and 1.2 for all other pollutants except pH).
B.
Any other discharge violation that the Township believes
to have caused, alone or in combination with other discharges, interference
or pass-through, including endangering the health of Township personnel
or the general public.
C.
Any discharge of pollutants that has caused imminent
endangerment to the public health and welfare or to the environment
or has resulted in the Township's exercise of its emergency authority
to halt or prevent such a discharge.
D.
Failure to meet, within 90 days of the scheduled date,
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance.
E.
Failure to provide, within 45 days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules.
F.
Failure to accurately report noncompliance.
G.
Any other violations which the Township determines
will adversely affect the operation or implementation of the local
pretreatment program.
A.
Purpose; method of establishment. It is the purpose
of the section to provide for the recovery of costs from users of
the POTW for the implementation of the program established herein.
The applicable charges or fees shall be established by resolution
and set forth in the Township's Schedule of Charges and Fees.
B.
Types of fees.
(1)
The charges and fees established by the Township may
include the following:
(a)
Fees for reimbursement of costs of setting up
and operating the required pretreatment program, including but not
limited to legal, engineering and administrative costs.
(b)
Fees for monitoring, inspections and surveillance
procedures.
(c)
Fees for reviewing accidental discharge procedures
and construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal by the POTW of pollutants
otherwise subject to federal pretreatment standards.
(g)
Other fees as the Township may deem necessary
to carry out the requirements contained herein.
(2)
These fees relate solely to the matters covered by
this Part 6 and are separate from all other fees chargeable by the
Township.
C.
Strength surcharge.
(1)
Any nonresidential user discharging waste to the Township's POTW with a monthly average CBOD concentration greater than 250 milligrams per liter (mg/l) or COD concentration greater than 500 mg/l and/or ammonia nitrogen concentration greater than 25 mg/l and/or total suspended solids concentration greater than 250 mg/l, in each case measured at the source, will pay a strength surcharge in addition to the applicable volume charge. Such strength surcharge shall be in addition to and not in substitution for any actions, remedies or penalties described herein. The strength surcharge shall be applicable for all daily maximum concentrations in excess of the requirements of this subsection. Such strength surcharge shall be in addition to and not in substitution for any actions, remedies or penalties described in §§ 155-80 and 155-81 hereof.
(2)
The strength surcharge shall be based on the operating
costs for the POTW during the previous calendar year. A cost per pound
of pollutant shall be determined by dividing the total annual operating
costs, including general and office, treatment plant and operating
reserve costs, by the total pounds of pollutants (CBOD or COD, ammonia
nitrogen, and total suspended solids) treated during the same period.
The resultant cost per pound of pollutant is then utilized to determine
the surcharge amount. Strength surcharges are calculated according
to the following general equation:
|
Surcharge
|
=
|
[(pollutant concentration - surcharge limit)
x (total billing period flow, mg) x 8.34 x (cost per pound)]
|
(3)
No user shall, at any time, discharge a wastewater containing pollutants in excess of the daily and monthly average maximum limits established in § 155-71F hereof. If a compliance schedule is required, the industrial user shall develop a schedule and submit this schedule to the Township for approval within 30 days of notification by the Township. If the industrial user fails to submit a satisfactory compliance schedule within this thirty-day period, the Township shall develop a schedule at the user's expense. If the industrial user is in violation of or is not making satisfactory progress in completing the requirements of the compliance schedule contained in the permit, the Township shall impose civil penalties as directed in § 155-80E hereof.
(4)
The strength of the total wastes used for establishing
surcharges shall be determined by qualified industrial user discharge-monitoring
data and/or on at least one monthly twenty-four-hour composite sample
collected by the Township or its designated representative. Additional
samples may be required if repeated violations of the local limits
occur.
D.
Flow surcharge. The permitted flow is the purchased
capacity of the collection system and the wastewater treatment facility
operated by the Township. Wastewater discharged in excess of this
permitted flow by the permittee will be cause for a flow surcharge.
The basis for this surcharge is the following:
(2)
Each permittee has at least two of the above limitations.
(3)
The calculation used for flow surcharges is:
|
Flow surcharge
|
=
|
(recorded/reported flow in gallons - permitted
flow in gallons) x cost per gallon as reflected in the discharge permit
|
(4)
Repeated flow surcharge conditions will require the
permittee to purchase additional capacity for the collection system
and wastewater treatment facility at the then current prescribed rate.
Failure to do so in a timely manner is cause for the permittee to
be subject to all of the enforcement actions available to the Township.
A.
Notification of violation. When the Township finds that a user has violated or continues to violate any provision of this Part 6, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Township may serve upon that 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 Township. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Township to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B.
Consent orders. The Township may enter into consent
orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with any user responsible for noncompliance.
Such documents will include specific action to be taken by the user
to correct the noncompliance within a time period specified by the
document.
C.
Compliance orders.
(1)
When the Township finds that a user has violated or
continues to violate any provision of this Part 6, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Township may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time.
(2)
If the user does not come into compliance within the
time provided, wastewater service may be discontinued unless adequate
treatment facilities, devices or other related appurtenances are installed
and properly operated. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the sewage system. A compliance order may not extend
the deadline for compliance established for a pretreatment standard
or requirement, nor does a compliance order relieve the user of liability
for any violation, including any continuing violation. Issuance of
a compliance order shall not be a bar against or a prerequisite for
taking any other action against the user.
D.
Cease and desist orders.
(1)
When the Township finds that a user has violated or
continues to violate any provision of this Part 6, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely to recur,
the Township may issue an order to the user directing it to cease
and desist all such violations and directing the user to:
(2)
Issuance of a cease and desist order shall not be
a bar against or a prerequisite for taking any other action against
the user.
E.
Civil penalties.
(1)
When the Township finds that a user has violated or
continues to violate any provision of this Part 6, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Township may assess a civil penalty on such user
in an amount not to exceed $25,000 for each violation. Such civil
penalties shall be assessed in accordance with the Township's Enforcement
Response Plan.[1] In the case of monthly or other long-term average discharge
limits, civil penalties may be assessed for each day during the period
of violation.
[1]
Editor's Note: The Enforcement Response Plan,
adopted 12-17-2007 by Res. No. 15-2007, is available in the Township
offices.
(2)
Appeal. A user assessed with a civil penalty under
the terms of this section shall have 30 days to pay the proposed penalty
in full, or if the user wishes to contest either the amount of the
penalty or the fact of the violation, the user must file an appeal
of the action within 30 days pursuant to 2 Pa.C.S.A. § 551
et seq. (relating to administrative law and procedure). Failure to
appeal within this period shall result in a waiver of all legal rights
to contest the violation or the amount of the penalty.
(3)
Assessment of a civil penalty shall not be a bar against
or a prerequisite for taking any other action against the user.
F.
Emergency suspensions.
(1)
The Township may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Township may also suspend a user's
discharge, after notice and opportunity to respond within 48 hours
after notification, that threatens to interfere with the operation
of the POTW or which presents or may present an endangerment to the
environment.
(a)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Township may take such steps as deemed necessary, including immediate severance of the connection to the sewage system, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Township may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Township that the period of endangerment has passed, unless the termination proceedings in Subsection G hereof 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 Township.
(2)
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
G.
Termination of discharge.
(1)
In addition to the provisions in § 155-74F hereof, any user who violates the following conditions may be subject to discharge termination in accordance with terms of this Part 6 or the Enforcement Response Plan[2]:
(a)
Violation of wastewater discharge permit conditions;
(b)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(c)
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling; or
[2]
Editor's Note: The Enforcement Response Plan,
adopted 12-17-2007 by Resolution No. 15-2007, is available in the
Township offices.
(2)
Exercise of this option by the Pretreatment Coordinator
shall not be a bar to or a prerequisite for taking any other action
against the user.
A.
Injunctive relief. When the Township finds that a
user has violated or continues to violate any provision of this Part
6, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the Township, may petition
the Court of Common Pleas of Montgomery County, Pennsylvania, for
appropriate legal and equitable relief, including the issuance of
a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit
requirements, order or other requirement imposed by this Part 6 on
activities of the user. Relief requested may also include requirements
for environmental remediation. A petition for injunctive relief shall
not be a bar against or a prerequisite for taking any other action
against a user.
B.
Civil penalties. The Township may institute suit in the Court of Common Pleas at Montgomery County, Pennsylvania, for the collection of any civil penalties assessed under § 155-80E hereof. In such action, the Township may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Township. Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against a user.
C.
Criminal prosecution. A user who willfully or negligently violates any provision of this Part 6, a wastewater discharge permit or order issued hereunder, or who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage, or any user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part 6, a wastewater discharge permit or order issued under this Part 6, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 6 may be subject to criminal prosecution in accordance with the applicable provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.
D.
Remedies nonexclusive. The remedies provided for in
this Part 6 are not exclusive. The Township may take any, all or any
combination of these actions against a noncompliant user. Enforcement
of pretreatment violations will be in accordance with the Township's
Enforcement Response Plan.[1] Where the Enforcement Response Plan does not provide guidelines
on enforcement action for a specific instance of noncompliance, the
Township may impose other appropriate enforcement action to address
the noncompliance.
[1]
Editor's Note: The Enforcement Response Plan,
adopted 12-17-2007 by Resolution No. 15-2007, is available in the
Township offices.
