[1]
Editor's Note: This ordinance also repealed
former Art. IV, Ambler Joint Wastewater Treatment System, adopted
11-29-1984 by Ord. No. 501.
A.
Purpose and policy.
(1)
The Township of Whitemarsh, pursuant to an intermunicipal agreement
entered into with the Borough of Ambler and the Townships of Lower
Gwynedd, Whitpain, and Upper Dublin, discharges certain of its wastewater
to the Ambler Wastewater Treatment Plant, for which the Borough of
Ambler is primarily responsible. This article sets forth uniform requirements
for direct and indirect contributors within the jurisdiction of Whitemarsh
and which is ultimately discharged into the wastewater collection
system for the Borough of Ambler. Whitemarsh is responsible for enforcement
of this article in the first instance, but the Ambler Wastewater Treatment
Plant and the Borough of Ambler share the duty to enforce this article
to the extent necessary to assure Ambler Borough's and Ambler
Wastewater Treatment Plant's compliance with the Clean Water
Act of 1977 and the General Pretreatment Regulations (40 CFR Part
403), along with all applicable state and federal laws and permits.
Neither the Borough of Ambler nor the Ambler Wastewater Treatment
Plant has any jurisdiction or authority to enforce this or any other
article, as they might relate to contributors whose discharge does
not enter the Ambler Wastewater Treatment Plant.
(2)
The objectives of this article are:
(a)
To prevent the introduction of pollutants into the wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge at the Ambler Wastewater Treatment Plant.
(b)
To prevent the introduction of pollutants into the wastewater
system which will pass-through the system inadequately treated into
receiving waters or the atmosphere or otherwise be incompatible with
the system.
(c)
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system.
(d)
To provide for equitable distribution of the cost of operating
the wastewater system.
(e)
To protect the general public and treatment works personnel
who may be affected by wastewater and sludge in the course of their
employment.
(f)
To enable the Borough of Ambler to comply with its National
Pollution Discharge Elimination System permit conditions, sludge use
and disposal requirements and any other federal or state laws to which
the treatment works is subject and to empower the treatment works
to enforce penalties against violators as required by its enforcement
response guide and by federal and state law.
(3)
This article provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users, authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customers' capacity
will not be preempted and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
(4)
This article shall apply to Ambler and to persons outside Ambler
who are users or significant users of the Ambler POTW, known as the
Ambler Joint Wastewater Treatment Plant. Except as otherwise provided
herein, the manager of Ambler POTW shall administer, implement and
enforce the provisions of this article.
B.
ACT or THE ACT
AMBLER
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL, COMMERCIAL, INSTITUTIONAL
OR SIGNIFICANT INDUSTRIAL USER
(1)
(a)
(b)
(2)
(3)
(4)
BEST MANAGEMENT PRACTICES (BMPs)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL STANDARDS
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY (EPA)
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL, COMMERCIAL OR INSTITUTIONAL USER
INDUSTRIAL, COMMERCIAL OR INSTITUTIONAL USER PERMIT
INTERFERENCE
MANAGER
MEDICAL WASTE
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(c)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PUBLICLY OWNED TREATMENT WORKS (POTW)
SHALL
SIGNIFICANT INDUSTRIAL USER
(1)
(a)
(b)
(2)
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SIGNIFICANT USER PERMIT
SLUG DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WATERS OF THE STATE
Definitions. Unless the context specifically indicates otherwise,
the following terms and phrases as used in this article shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Borough of Ambler.
The regional administrator of the EPA.
If the user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function or any other
person who performs similar policy or decisionmaking functions for
the corporation.
The manager of one or more manufacturing, production or operating
facilities, provided that the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations; and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where 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 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 users described in Subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Ambler Wastewater Treatment Plant.
Schedules of activities, prohibition of practices, maintenance
procedures and other management practices to implement the general
and specific prohibitions found in 40 CFR 403.5(a)(1) and (b) and
Chapter 18 of the Ambler Borough Code. BMPs also include treatment
requirements, operating procedures and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal or drainage
from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure five days at
20° C., expressed in terms of weight and concentration (milligrams
per liter [mg/l]).
A sewer conveying wastewater from the premises of a user
to the POTW.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with § 307(b) and (c) of the Act [33
U.S.C. § 1317(b) and (c)] which apply to a specific category
of users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405 through 471.
Shall refer to the Manager as Ambler has an approved pretreatment
program under the provisions of 40 CFR 403.11.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the water of the State of Pennsylvania.
The U.S. 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.
A sample which is taken from a waste stream on a one-time
basis, with no regard to the flow in the waste stream and without
consideration of time.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum pump tank trucks.
The discharge or the introduction of pollutants into the
POTW, including holding tank waste discharged into the system.
An industrial, commercial or institutional source of indirect
discharge.
As set forth in this article.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal, and therefore is a cause of a violation of Ambler Wastewater
Treatment Plant's NPDES permit or of the prevention of sewage
sludge use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more-stringent state
or local regulations: § 405 of the Act;[1] the Solid Waste Disposal Act, including Title II, commonly
referred to as the Resource Conservation and Recovery Act (RCRA);[2] any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
and the Marine Protection, Research and Sanctuaries Act.
The person designated by Ambler to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this article, or his duly authorized representative.
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 the EPA in accordance with § 307(b) and (c) of the Act
[33 U.S.C. § 1317(b) and (c)], which applied to a specific
category of industrial users (40 CFR Chapter I, Subchapter N, Parts
405 through 471).
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307(b)
of the Act,[3] 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
under § 307(c) of the Act[4] which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that:
The building, structure, facility or installation is constructed
at a site at which no other source is located.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production or wastewater generating process of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of 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.
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which alone, or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude of duration of violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, any other legal entity or their legal representatives, agents
or assigns. 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 grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, municipal, agricultural and industrial wastes and
certain characteristics of wastewater (e.g., 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.
That portion of the POTW, owned by the Borough of Ambler
and operated by the Borough of Ambler in participation with the Townships
of Lower Gwynedd, Upper Dublin, Whitemarsh and Whitpain, which is
designed to provide treatment to wastewater from each participating
municipality.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes or by other means,
except by diluting the concentration of the pollutants unless allowed
by an applicable pretreatment standard.
A treatment works as defined by § 212 of the Act
(33 U.S.C. § 1292) which is owned by Ambler and operated
for the benefit of Ambler and for the areas of the Townships of Lower
Gwynedd, Upper Dublin, Whitpain and Whitemarsh served by the POTW
pursuant to an agreement between and among the said municipalities
dated December 16, 1959, as amended by several subsequent agreements.
This definition includes any sewers that convey wastewater to the
POTW treatment plant but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment. For the purposes
of this article, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons inside or outside Ambler and/or
the townships who are users of the POTW.
Is mandatory; "may" is permissive.
Except as provided in Subsection (2) of this definition:
All industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N.
Any other industrial user that discharges an average of 25,000
gallons per day or more of process wastewater to the POTW (excluding
sanitary, noncontract cooling and boiler blowdown wastewater), contributes
a process waste stream which makes up 5% or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plan or
is designated as such by the Borough on the basis that the industrial
user has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement
[in accordance with 40 CFR 403.8(f)(6)].
Upon finding that an industrial user meeting the criteria in
Subsection (A)(2) above has no reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement, the Borough may at any time, on its own initiative
or in response to a petition received from an industrial user or POTW,
and in accordance with 40 CFR 403.8(f)(6) determine that such industrial
user is not a significant industrial user.
An industrial user or user is in significant noncompliance
if its violation meets one or more of the specific criteria set forth
in 40 CFR 403.8(f)(2)(viii). For purposes of this definition, a user
is in significant noncompliance if its violation meets one or more
of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(l);
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of 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(l) multiplied by
the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous
limit or narrative standard) that Ambler Borough determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of Ambler Borough personnel or the
general public);
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment or has resulted
in Ambler Borough's exercise of its emergency authority to halt
or prevent such a discharge;
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation(s), which may include violation of best
management practices, which Ambler Borough determines will adversely
affect the operation or implementation of the local pretreatment program.
As set forth in this article.
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 any discharge of nonroutine nature, episodic
nature, including but not limited to accidental spills or noncustomary
batch discharges, which has a reasonable potential to cause interference
or pass-through or in any other way violate Ambler Borough's
regulations, prohibited discharge standards in this article, local
limits or NPDES permit conditions.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by Ambler to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this article, or a duly authorized representative.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids and which is removable
by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the administrator of the EPA under the
provision of CWA § 307(a)[5] or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulation 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.
C.
Abbreviations. The following abbreviations shall have the designated
meanings:
BOD
|
biochemical oxygen demand
| |
CFR
|
Code of Federal Regulations
| |
COD
|
chemical oxygen demand
| |
EPA
|
Environmental Protection Agency
| |
L
|
liter
| |
mg
|
milligrams
| |
mg/L
|
milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
POTW
|
publicly owned treatment works
| |
SIC
|
standard industrial classification
| |
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
| |
TSS
|
total suspended solids
| |
USC
|
United States Code
|
A.
General discharge prohibitions.
(1)
General prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass-through
or interference. These general prohibitions apply to all users of
the POTW, whether or not they are subject to categorical pretreatment
standards or any other national, state or local pretreatment standards
or requirements.
(2)
Specific prohibitions. No use shall introduce or cause to be introduced
into the POTW the following pollutants, substances or wastewater:
(a)
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, waste streams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21.
(b)
Wastewater having a pH less than 6.0 or more than 9.0 or otherwise
causing corrosive structural damage to the POTW or equipment.
(c)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference, but in no case
solids greater than 1/2 inch in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains,
spent hops, waste paper, wood, petroleum products (including plastics,
gasoline, tar, asphalt residues, residues from refining or processing
of fuel or lubricating oil), mud, glass grinding or polishing wastes.
(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; except, however, that in the case
of conventional pollutants, such discharge is permissible to the extent
that it is in accordance with any enacted surcharge policy through
which the discharger pays the AWTP[1] for the treatment/removal of certain pollutants.
[1]
Editor's Note: The Ambler Wastewater Treatment Plant.
(e)
Wastewater having a temperature greater than 120° or which
will inhibit biological activity in the treatment plant resulting
in interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104° F.,
40° C.
(f)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin, in amounts that will cause interference or pass-through.
(g)
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(h)
Trucked or hauled pollutants, except at discharge points designated
by the Superintendent in accordance with this article.
(i)
Noxious or malodorous liquids (including automobile antifreeze),
gases, solids or other wastewater which, either singly or by interaction
with other wastes, are sufficient to create a public nuisance or a
hazard to life or to prevent entry into the sewers for maintenance
or repair.
(j)
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating Ambler's NPDES permit.
(k)
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations.
(l)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, non-contact cooling water and unpolluted wastewater,
unless specifically authorized by the Ambler Wastewater Treatment
Plant.
(m)
Sludges, screenings or other residues from the pretreatment
of industrial wastes.
(n)
Medical wastes, except as specifically authorized by Ambler
Wastewater Treatment Plant in a wastewater discharge permit.
(o)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test.
(p)
Detergents, surface-active agents or other substances which
may cause excessive foaming in the POTW.
(q)
Fats, oils or greases of animal or vegetable origin in concentrations
greater than are stated elsewhere herein.
(r)
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW or at any point in the POTW
of more than 5% or any single reading over 10%.
(3)
Pollutants, substances or wastewater prohibited by this section shall
not be processed or stored in such a manner that they could be discharged
to the POTW.
B.
National Categorical Pretreatment Standards. The categorical pretreatment
standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through
471, are hereby incorporated by reference as if set forth fully herein.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
Ambler Wastewater Treatment Plant 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, Ambler Wastewater
Treatment Plant 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.
C.
State pretreatment standards.
(1)
The following pollutant limits are established to protect against
pass-through and interference. No person shall discharge wastewater
containing in excess of the following:
Toxic Pollutants
|
Limit
(mg/L)
| |
---|---|---|
Aluminum
|
14.51
| |
Ammonia
|
No limit
| |
Arsenic
|
0.19
| |
BOD
|
No limit
| |
Cadmium
|
0.02
| |
Chromium, hexavalent
|
0.42
| |
Chromium (T)
|
6.01
| |
Copper
|
1.28
| |
Cyanide (T)
|
0.36
| |
Lead
|
0.32
| |
Mercury
|
0.0009
| |
Molybdenum
|
Monitor only
| |
Nickel
|
2.16
| |
Phenols
|
3.26
| |
Selenium
|
0.13
| |
Silver
|
0.96
| |
TDS
|
Monitor only
| |
Total Phosphorus
|
52.64
| |
TSS
|
No limit
| |
Zinc
|
1.55
|
(2)
The above limits apply at the point where the wastewater is discharged
to the POTW, which for purposes of this article includes all points
within and throughout the collection system. All concentrations for
metallic substances are for "total" metal unless indicated otherwise.
Ambler Wastewater Treatment Plant may impose mass limitations in addition
to, or in place of, the concentration-based limitations above.
(3)
Ambler Borough, at its sole discretion, may develop best management
practices (BMPs) to comply with 40 CFR 403.5(c)(1). Such BMPs shall
be considered local limits and pretreatment standards for the purposes
of 40 CFR 403 and § 307(d) of the Clean Water Act[2] and can be implemented as wastewater discharge permit
conditions. Ambler Borough, also at its sole discretion, may allow
a user to implement BMPs to meet the prohibitions found in 40 CFR
403.5(a)(1) and (b) and Chapter 18 of the Ambler Borough Code.
[2]
Editor's Note: See 33 U.S.C. 1317(d).
(4)
Ambler Wastewater Treatment Plant's right of revision. Ambler
Wastewater Treatment Plant reserves the right to establish, by ordinance
or in wastewater discharge permits, more stringent standards or requirements
on discharges to the POTW.
(5)
Dilution. No user shall ever increase the use of process 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. Ambler Wastewater Treatment Plant 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.
D.
(Reserved)
E.
(Reserved)
F.
Pretreatment of wastewater.
(1)
Pretreatment facilities. Users shall provide wastewater treatment
as necessary to comply with this article and shall comply with all
categorical pretreatment standards, local limits and the prohibitions
set out in this article within the time limitations specified by the
EPA, the state or the Ambler Wastewater Treatment Plant, whichever
is more stringent. Any facilities necessary for compliance shall be
provided, operated and maintained at the user's expense. Detailed
plans describing such facilities and operating procedures shall be
submitted to Ambler Wastewater Treatment Plant for review and shall
be acceptable to Ambler Wastewater Treatment Plant before such facilities
are constructed. The review of such plans and operating procedures
shall in no way relieve the user from the responsibility of modifying
such facilities as necessary to produce a discharge acceptable to
Ambler Wastewater Treatment Plant under the provisions of this article.
(2)
Additional pretreatment measures.
(a)
Grease, oil and sand interceptors shall be provided when, in
the opinion of Ambler Wastewater Treatment Plant, they are necessary
for the proper handling of wastewater containing excessive amounts
of grease and oil or sand, except that such interceptors shall not
be required for residential users unless a residential user who is
contributing excessive amounts of grease, oil or sand has first been
given the opportunity to reduce the discharge by other means. All
interception units shall be of type and capacity approved by the Ambler
Wastewater Treatment Plant 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,
in accordance with any procedure for the installation and maintenance
of grease traps as may be established, from time to time, by the Ambler
Wastewater Treatment Plant.
(b)
Users with the potential to discharge flammable substances may
be required to install and maintain an approved combustible gas detection
meter.
(3)
Accidental discharge/slug control plans.
(a)
An accidental discharge/slug control plan, as prescribed under
40 CFR 403.8(f)(2)(vi), may be required:
[1]
For all new sources/new users. Where required by Ambler Borough,
detailed plans showing facilities and operating procedures to provide
protection from accidental discharges or slugs shall be submitted
to Ambler Borough for review and shall be approved by Ambler Borough
before construction of the facility.
[2]
For existing sources/new users. Ambler Borough shall evaluate
whether each new user needs an accidental discharge/slug control plan
within one year of the date of inclusion in the Industrial Pretreatment
Program.
[3]
For existing sources/existing users. Ambler Borough shall evaluate
whether each user needs an accidental discharge/slug control plan
on a routine basis.
(b)
If an accidental discharge/slug control plan is required, Ambler
Borough may require any user to develop, submit for approval, and
implement such a plan. Alternatively, Ambler Borough may develop such
a plan for any user. An accidental discharge/slug control plan shall
address, at a minimum, the following:
[1]
A description of discharge practices, including nonroutine batch
discharges.
[2]
A description of stored chemicals.
[3]
Procedures for immediately notifying Ambler Borough of any accidental
or slug discharge.
[4]
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures shall include, but are not limited
to, inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
(c)
When an existing source is required by Ambler Borough 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 Ambler Borough within 30 days. Failure
to submit a revised plan and/or failure to provide a complete plan
after the thirty-day submission period may render the wastewater discharge
permit void.
(d)
Ambler Borough'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 article.
(e)
If not specifically required by Ambler Borough, the information,
requirements, etc., called for in a plan are not waived by Ambler
Borough, and the user shall, in its own and sole judgment, provide
all necessary items, procedures, etc., to prevent any accidental discharge
and/or slug discharge to the POTW.
(f)
All users are required to notify Ambler Borough immediately
of any changes at their facilities affecting the potential for an
accidental discharge and/or slug discharge to the POTW. This requirement
can be implemented as a wastewater discharge permit condition as necessary.
(4)
Hauled wastewater.
(a)
Introduction of septic tank waste into any part of the Whitemarsh
Township sanitary sewer collection system is strictly prohibited.
Septic tank waste may be introduced into the POTW only at locations
designated by Ambler Wastewater Treatment Plant and at such times
as are established by Ambler Wastewater Treatment Plant. Such waste
shall not violate this article or any other requirements established
by Ambler Wastewater Treatment Plant. Ambler Wastewater Treatment
Plant may require septic tank waste haulers to obtain wastewater discharge
permits.
(b)
Ambler Wastewater Treatment Plant shall require haulers of industrial
waste to obtain wastewater discharge permits. Ambler Wastewater Treatment
Plant may require generators of hauled industrial waste to obtain
wastewater discharge permits. Ambler Wastewater Treatment Plant also
may prohibit the disposal of hauled industrial waste. The discharge
of hauled industrial waste is subject to all other requirements of
this article.
(c)
Industrial waste haulers may discharge loads only at locations
designated by Ambler Wastewater Treatment Plant. No load may be discharged
without prior consent of Ambler Wastewater Treatment Plant. Ambler
Wastewater Treatment Plant may collect samples of each hauled load
to ensure compliance with applicable standards. Ambler Wastewater
Treatment Plant may require the industrial waste hauler to provide
a waste analysis of any load prior to discharge.
(d)
Industrial waste haulers must provide a waste-tracking form
for every load. This form shall include, at a minimum, the name and
address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
G.
Wastewater discharge permit application.
(1)
Wastewater analysis. When requested by Ambler Wastewater Treatment
Plant, a user must submit information on the nature and characteristics
of its wastewater within five days of the request. Ambler Wastewater
Treatment Plant is authorized to prepare a form for this purpose and
may periodically require users to update this information.
(2)
Wastewater discharge permit requirement.
(a)
No significant industrial user shall discharge wastewater into
the POTW without first obtaining a wastewater discharge permit from
Ambler Wastewater Treatment Plant, except that a significant industrial
user that has filed a timely application pursuant to this article
may continue to discharge for the time period specified therein.
(b)
Ambler Wastewater Treatment Plant may require other users to
obtain a wastewater discharge permit as necessary to carry out the
purposes of this article.
(c)
Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this article and subject the
wastewater discharge permittee to the sanctions set out elsewhere
in this article. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all federal and
state pretreatment standards or requirements or with any other requirements
of federal, state and local law.
(3)
Wastewater discharge permitting; new connections.
(a)
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.
(b)
An application for this wastewater discharge permit, in accordance
with this article, must be filed at least 30 days prior to the date
upon which any discharge will begin or recommence.
(4)
Wastewater discharge permit application contents. All users required
to obtain a wastewater discharge permit must submit a permit application.
Ambler Wastewater Treatment Plant may require all users to submit
as part of an application the following information:
(a)
All information required pursuant to baseline monitoring reports
as described elsewhere in this article.
(b)
Description of activities, facilities and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW.
(c)
Number and type of employees, hours of operation and proposed
or actual hours of operation.
(d)
Each product produced by type, amount, process or processes
and rate of production.
(e)
Type and amount of raw materials processed (average and maximum
per day).
(f)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge.
(g)
Time and duration of discharges.
(h)
Any other information as may be deemed necessary by Ambler Wastewater
Treatment Plant to evaluate the wastewater discharge permit application.
(5)
Application signatories and certification. All wastewater discharge
permit applications and use 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."
(6)
Wastewater discharge permit decisions. Ambler Wastewater Treatment
Plant will evaluate the data furnished by the user and may require
additional information. Within 30 days of receipt of a complete wastewater
discharge permit application, Ambler Wastewater Treatment Plant will
determine whether or not to issue a wastewater discharge permit. Ambler
Wastewater Treatment Plant may deny any application for a wastewater
discharge permit.
H.
Wastewater discharge permit issuance process.
(1)
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 decision of
Ambler Wastewater Treatment Plant. Each wastewater discharge permit
will indicate a specific date upon which it will expire.
(2)
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
Ambler Wastewater Treatment Plant to prevent pass-through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal and protect against damage to the POTW.
(a)
Wastewater discharge permits must contain:
[1]
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
[2]
A statement that the wastewater discharge permit is nontransferable
without prior notification to Ambler Wastewater Treatment Plant in
accordance with this article and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge
permit.
[3]
Effluent limits based on applicable pretreatment standards.
[4]
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law.
[5]
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.
(b)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
[1]
Limits on the average and/or maximum rate of discharge, time
of discharge and/or requirements for flow regulation and equalization.
[2]
Requirements for the installation of pretreatment technology,
pollution control or construction of appropriate containment devices,
designed to reduce, eliminate or prevent the introduction of pollutants
into the treatment works.
[3]
Requirements for the development and implementation of spill
control plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
[4]
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
[5]
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
[6]
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
[7]
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
[8]
Other conditions as deemed appropriate by Ambler Wastewater
Treatment Plant to ensure compliance with this article and state and
federal laws, rules and regulations.
(3)
Wastewater discharge permit appeal. Ambler Wastewater Treatment Plant
shall provide public notice of the issuance of a wastewater discharge
permit. Any person, including the user, may petition Ambler Wastewater
Treatment Plant to reconsider the terms of a wastewater discharge
permit within 30 days of notice of its issuance.
(a)
Failure to submit a timely petition for review shall be deemed
to be a waiver of the administrative appeal.
(b)
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(c)
The effectiveness of the wastewater discharge permit shall not
be stayed pending the appeal.
(d)
If Ambler Wastewater Treatment Plant 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.
(e)
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 the period prescribed by Pennsylvania's Local Agency Law,
2 Pa.C.S.A. § 105 et seq.
(4)
Wastewater discharge permit modification. Ambler Wastewater Treatment
Plant may modify a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(a)
To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
(b)
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.
(c)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
(d)
Information indicating that the permitted discharge poses a
threat to Ambler Wastewater Treatment Plant's POTW, Ambler Wastewater
Treatment Plant's personnel or the receiving waters.
(e)
Violation of any terms or conditions of the wastewater discharge
permit.
(f)
Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in any required
reporting.
(g)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
(h)
To correct typographical or other errors in the wastewater discharge
permit.
(i)
To reflect a transfer of the facility ownership or operation
to a new owner or operator.
(5)
Wastewater discharge permit transfer.
(a)
Wastewater discharge permits may be transferred to a new owner
or operator only if the permittee gives at least 60 days' advance
notice to Ambler Wastewater Treatment Plant and Ambler Wastewater
Treatment Plant approves the wastewater discharge permit transfer.
The notice to Ambler Wastewater Treatment Plant must include a written
certification by the new owner or operator which:
(b)
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
(6)
Wastewater discharge permit revocation.
(a)
Ambler Wastewater Treatment Plant may revoke a wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
[1]
Failure to notify Ambler Wastewater Treatment Plant of significant
changes to the wastewater prior to the changed discharge.
[2]
Failure to provide prior notification to Ambler Wastewater Treatment
Plant of changed conditions pursuant to this article.
[3]
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application.
[4]
Falsifying self-monitoring reports.
[5]
Tampering with monitoring equipment.
[6]
Refusing to allow Ambler Wastewater Treatment Works timely access
to the facility premises and records.
[7]
Failure to meet effluent limitations.
[8]
Failure to pay fines.
[9]
Failure to pay sewer charges.
[10]
Failure to meet compliance schedules.
[11]
Failure to complete a wastewater survey or the wastewater discharge
permit application.
[12]
Failure to provide advance notice of the transfer of business
ownership of a permitted facility.
[13]
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this article.
(b)
Wastewater discharge permits shall be voidable upon cessation
of operation or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
(7)
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 this
article, a minimum of 180 days prior to the expiration of the user's
existing wastewater discharge permit.
(8)
Regulation of waste received from other jurisdictions.
(b)
Each municipality which participates in the operation of the
treatment plant shall, in accordance with various intermunicipal agreements
signed by them, enforce their respective sewer use ordinances with
respect to the discharges within each of their jurisdictions. Whenever
possible, the enforcement of a particular municipality's sewer
use ordinance shall be a joint and cooperative effort between the
subject municipality and staff from the Ambler Wastewater Treatment
Plant and/or the Borough of Ambler, which has primary responsibility
for plant operations. In the event that any municipality fails or
refuses to enforce its sewer use ordinance after the Ambler Wastewater
Treatment Plant or the Borough of Ambler has made a determination
that such enforcement is necessary, then the Ambler Wastewater Treatment
Plant and the Borough of Ambler reserve all rights which they may
have to either undertake enforcement pursuant to the Pennsylvania
Pretreatment Works Penalty Law and/or to seek enforcement of any intermunicipal
agreement which may require the cooperation of the municipality which
fails or refuses to act.
I.
Reporting requirements.
(1)
Baseline monitoring reports.
(a)
Within either 180 days after the date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to Ambler Wastewater Treatment Plant a report which contains the information listed in Subsection I(2)(b) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subject to the promulgation of an applicable categorical standards shall submit to Ambler Wastewater Treatment Plant a report which contains the information listed in Subsection I(2)(b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b)
Users described above shall submit the information set forth
below:
[1]
Identifying information: the name and address of the facility,
including the name of the operator and owner.
[2]
Environmental permits: a list of any environmental control permits
held by or for the facility.
[3]
Description of operations: a brief description of the nature,
average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
[4]
Flow measurement: information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
[5]
Measurement of pollutants:
[a]
The categorical pretreatment standards applicable
to each regulated process.
[b]
The results of sampling and analysis identifying
the nature and concentration, and/or mass, where required by the standard
or by Ambler Wastewater Treatment Plant 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 elsewhere
in this article.
[c]
Sampling must be performed in accordance with the
procedures set out elsewhere in this article.
[d]
If a user must implement a BMP to comply with federal
pretreatment standards or requirements, the user shall provide all
mandatory BMP compliance information.
[6]
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 and M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
[7]
Compliance schedule: if additional pretreatment and/or O and
M will be required to meet the pretreatment standards, the shortest
schedule by which the user will provide such additional pretreatment
and/or O and 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 subsection must meet
the requirements set out in this subsection of this article.
[8]
Signature and certification. All baseline monitoring reports
must be signed and certified in accordance with this article.
(2)
Compliance schedule progress reports. The following conditions shall
apply to the compliance schedule required by this article:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction and beginning and conducting routine operation).
(b)
No increment referred to above shall exceed nine months.
(c)
The user shall submit a progress report to Ambler Wastewater
Treatment Plant 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, the reason for
any delay and, if appropriate, the steps being taken by the user to
return to the established schedule.
(d)
In no event shall more than nine months elapse between such
progress reports to Ambler Wastewater Treatment Plant.
(3)
Reports on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable
categorical pretreatment standards or, in the case of a new source,
following commencement of the introduction of wastewater into the
POTW, any user subject to such pretreatment standards and requirements
shall submit to the Ambler Wastewater Treatment Plant a report containing
the information described in this article. For users subject to equivalent
mass or concentration limits established in accordance with the procedures
in 40 CFR 404.6(c),[4] this report shall contain a reasonable measure of the
user's long-term production rate. For all other users subject
to categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production (or other measure of operation),
this report shall include the user's actual production during
the appropriate sampling period. All compliance reports must be signed
and certified in accordance with this article.
[4]
Editor's Note: See 40 CFR 403.6(c) for concentration
and mass limits.
(4)
Periodic compliance reports.
(a)
Submission of report; monitoring by Ambler Borough.
[1]
All significant industrial users shall, at a frequency determined
by Ambler Wastewater Treatment Plant, but in no case less than twice
per year (in June and December), submit a report indicating the nature
and concentration of pollutants in the discharge which are limited
by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance
reports must be signed and certified in accordance with this article.
In the event that the months for submission of the reports are altered
by Ambler Wastewater Treatment Plant, factors such as local, high
or low flow rates, holiday, budget cycles, etc., shall be taken into
consideration.
[2]
Ambler Borough may elect to complete monitoring on behalf of
any user to meet the requirements of the Industrial Pretreatment Program.
Should Ambler Borough notify the user that it will complete monitoring
on behalf of the user, the user is not required to submit the semiannual
monitoring reports as described in the previous paragraph.
(b)
All wastewater samples must be representative of the normal
discharges occurring during the reporting period. Wastewater monitoring
and flow measurement facilities shall be properly operated, kept clean
and maintained in good working order at all times. The failure of
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.
(c)
If a user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by Ambler Wastewater
Treatment Plant, using the procedures prescribed in this subsection,
the results of this monitoring shall be included in the report.
(d)
If a user must implement a BMP to comply with federal pretreatment
standards or requirements or any other permit condition, the user
shall submit any and all documentation required by Ambler Borough
or by the federal pretreatment standard at the frequency specified
by Ambler Borough to evaluate compliance. Ambler Borough may also
require any user to submit any information or data at any frequency
it deems necessary to determine compliance with federal, state or
local regulations.
(5)
Reports of changed conditions. Each user must notify Ambler Wastewater
Treatment Plant 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 60 days before the change.
(a)
Ambler Wastewater Treatment Plant 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 this article.
(b)
Ambler Wastewater Treatment Plant may issue a wastewater discharge
permit under this article or modify an existing wastewater discharge
permit under this article in response to changed conditions or anticipated
changed conditions.
(c)
For purposes of this requirement, significant changes include,
but are not limited to, flow increases of 20% or greater and the discharge
of any previously unreported pollutants.
(6)
Reports of potential problems.
(a)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
Ambler Wastewater Treatment Plant of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user, along
with the identity of the person or persons believed to be responsible
for the discharge.
(b)
Within five days following such discharge, the user shall, unless
waived by Ambler Wastewater Treatment Plant, submit a detailed written
report describing the cause(s) of the discharge and the measures to
be taken by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, natural resources
or any other damage to person or property, nor shall such notification
relieve the user of any fines, penalties or other liability which
may be imposed pursuant to this article.
(c)
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 I(6)(a) above. Employers shall ensure that all employees, who may cause such discharge to occur, are advised of the emergency notification procedure.
(7)
Reports by unpermitted users. All users not required to obtain a
wastewater discharge permit shall provide appropriate reports to Ambler
Wastewater Treatment Plant as Ambler Wastewater Treatment Plant may
require.
(8)
Notice of violation; repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify Ambler Wastewater
Treatment Plant within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to Ambler Wastewater Treatment Plant
within 30 days after becoming aware of the violation. The user is
not required to resample if Ambler Wastewater Treatment Plant monitors
at the user's facility at least once a month or if Ambler Wastewater
Treatment Plant samples between the user's initial sampling and
when the user receives the results of this sampling.
(9)
Notification of the discharge of hazardous waste.
(a)
Any user who commences the discharge of hazardous waste shall
notify the Ambler Wastewater Treatment Plant, the EPA Regional Waste
Management Division Director and state hazardous waste authorities,
in writing, of any discharge into the Ambler Wastewater Treatment
Plant 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 Ambler Wastewater Treatment Plant, the notification shall
also 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 this article.
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 this article.
(b)
Discharges are exempt from the requirements of Subsection I(9)(a) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c)
In the case of any new regulations under Section 3001 of RCRA[5] identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Superintendent, the EPA Regional Waste Management
Waste Division Director and state hazardous waste authorities of the
discharge of such substance within 90 days of the effective date of
such regulations.
[5]
Editor's Note: The Resource Conservation and Recovery
Act, 42 U.S.C. § 6901 et seq.
(d)
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.
(e)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder or any applicable federal or state law.
(10)
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
(11)
Sample collection.
(a)
Except as indicated in Subsection I(11)(b) below, the user must collect wastewater samples using flow proportional composite collection techniques. Ambler Wastewater Treatment Plant may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(b)
Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides and volatile organic compounds must be obtained using grab
collection techniques.
(12)
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.
(13)
Recordkeeping. Users subject to the reporting requirements of
this article shall maintain, and make available for inspection and
copying by Ambler Borough, all records of information obtained pursuant
to any monitoring activities required by this article, any additional
records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements, and records
associated with implementation of BMPs. 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 and any other information or data
deemed necessary by Ambler Borough. 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
Ambler Borough or where the user has been specifically notified of
a longer retention period by Ambler Borough.
J.
Compliance monitoring.
(1)
Right of entry; inspection and sampling. Ambler Wastewater Treatment
Plant shall have the right to enter the premises of any user, without
notice, to determine whether the user is complying with all requirements
of this article and any wastewater discharge permit or order issued
hereunder. Users shall allow Ambler Wastewater Treatment Plant ready
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying and the performance of any
additional duties.
(a)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, Ambler Wastewater Treatment
Plant will be permitted to enter without delay for the purposes of
performing specific responsibilities.
(b)
Ambler Wastewater Treatment Plant shall have the right to set
up on the user's property or require installation of such devices
as are necessary to conduct sampling and/or metering of the user's
operations.
(c)
Ambler Wastewater Treatment Plant may require the user to install
monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the user at its own expense. All devices
used to measure wastewater flow and quality shall be calibrated to
ensure their accuracy.
(d)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of Ambler Wastewater
Treatment Plant and shall not be replaced. The costs of clearing such
access shall be borne by the user.
(e)
Unreasonable delays in allowing Ambler Wastewater Treatment
Plant access to the user's premises shall be a violation of this
article.
(f)
When it would be impractical or cause undue hardship on the
user to situate the monitoring facility on the user's premises,
the Borough may allow the facility to be constructed in the public
street or sidewalk area and located so that it will not be obstructed
by landscaping or parked vehicles. There shall be ample room in or
near such sampling manhole or facility to allow accurate sampling
and preparation of samples for analysis. The facility, sampling and
measuring equipment shall be maintained at all times in a safe and
proper condition at the expense of the user.
(2)
Search warrants. If Ambler Wastewater Treatment Plant has been refused
access to a building, structure or property, or any part thereof,
and is able to demonstrate probable cause to believe that there may
be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of Ambler Wastewater Treatment Plant designed to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
Ambler Wastewater Treatment Plant may seek issuance of a search warrant
from the District Justice in whose jurisdiction the property is situate.
(3)
Confidential information. Information and data on a user obtained
from reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs and from Ambler Wastewater
Treatment Plant'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 Ambler
Wastewater Treatment Plant that the release of such information would
divulge information, processes or methods of production entitled to
protection as trade secrets under applicable state law. Any such request
must be asserted at the time of submission of the information or data.
When requested and demonstrated by the user furnishing a report that
such information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall not be
made available for inspection by the public but shall be made available
immediately upon request to governmental agencies for uses related
to the NPDES program or pretreatment program and in enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics and other "effluent data" as defined by 40 CFR
2.302 will not be recognized as confidential information and will
be available to the public without restriction.
K.
Publication of users in significant noncompliance.
(1)
Ambler Borough shall publish annually, in a newspaper of general
circulation that provides meaningful public notice within the jurisdiction
served by 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)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(l);
(b)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of wastewater measurements taken for each
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by
the applicable criterion (1.4 for BOD, CBOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
(c)
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous
limit or narrative standard) that Ambler Borough determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of Ambler Borough personnel or the
general public);
(d)
Any discharge of pollutants that has caused imminent endangerment
to the public health and welfare or to the environment or has resulted
in Ambler Borough's exercise of its emergency authority to halt
or prevent such a discharge;
(e)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(f)
Failure to provide, within 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;
(g)
Failure to accurately report noncompliance; or
(h)
Any other violation(s), which may include violation of best
management practices, which Ambler Borough determines will adversely
affect the operation or implementation of the local pretreatment program.
L.
Enforcement remedies.
(1)
The Borough of Ambler and the Ambler Wastewater Treatment Plant in
conjunction with the participating municipalities (Whitemarsh Township,
Whitpain Township, Lower Gwynedd Township, Upper Dublin Township),
are fully empowered to undertake all enforcement remedies set forth
below in order to assure user compliance with all state and federal
laws and regulations. The enforcement actions described herein will
be undertaken pursuant to Ambler Wastewater Treatment Plant's
duly adopted and EPA-approved Enforcement Response Guide, a federally
mandated statement of policy which provides fair and even application
of all enforcement remedies to users in violation, such document being
available at all times for public inspection. In addition, Ambler
and the Ambler Wastewater Treatment Plant retain each and every right
and power granted pursuant to the Publicly Owned Treatment Works Penalty
Law, 35 P.S. § 752.1 et seq., in addition to any amendments
thereto. References to Ambler Wastewater Treatment Plant's remedies
set forth herein shall be deemed to include remedies available to
Whitemarsh Township in accordance with the Code of the Township of
Whitemarsh.
(2)
Surcharge in lieu of enforcement remedy. With respect to conventional
pollutants, Ambler Wastewater Treatment Plant may, from time to time,
and at its discretion, adopt a policy whereby certain specifically
identified conventional pollutants are permissibly discharged to the
Ambler Wastewater Treatment Plant for removal at the plant, with the
cost of such removal to be borne by the discharger. Ambler Wastewater
Treatment Plant may expand or limit the list of conventional pollutants
to which this surcharge system applies based upon the plant's
capacity/ability to effectively remove particular conventional pollutants.
In the event that a conventional pollutant is within the scope of
the surcharge system as it exists at the time of discharge, then such
conventional pollutant discharge shall not be considered a violation
of this subsection. However, any failure to pay the surcharge cost
for the plant's removal of the pollutant shall itself be considered
a violation of this article and subject to enforcement action, in
addition to all generally held rights of collection.
M.
Administrative remedies.
(1)
Notification of violation. When Ambler Wastewater Treatment Plant
finds that a user has violated, or continues to violate, any provision
of this article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, Ambler Wastewater
Treatment Plant may serve upon that user a written notice of violation.
The specific manner in which such notice of violation shall issue
and the terms and conditions pursuant to which the user shall respond
or correct the violation complained of shall be as set forth in the
Enforcement Response Guide. When the notice of violation includes
a plan for dissatisfactory correction and prevention of the violation,
submission of such 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 Ambler
Wastewater Treatment Plant to take any action, including emergency
action or any other enforcement action, without first issuing a notice
of violation.
(2)
Consent orders. Ambler Wastewater Treatment Plant may enter into
consent orders, assurances of voluntary compliance or other similar
documents establishing an agreement with any user responsible for
noncompliance. Such documents will include specific action to be taken
by the user to correct the noncompliance within a time period specified
by the document. Such documents shall have the same effect as the
administrative orders authorized elsewhere in this section of this
article and shall be judicially enforceable.
(3)
Show cause hearing.
(a)
Ambler Wastewater Treatment Plant may order a user which has
violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before Ambler Wastewater
Treatment Plant and show cause why the proposed enforcement action
should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered mail at
least 10 days prior to the hearing. Such notice may be served on any
authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
(b)
Any hearing conducted pursuant to this section shall be presided
over by the Ambler Joint Wastewater Treatment Plant Committee (hereinafter
"Committee"), composed of five persons, one person designated by each
member municipality, why the proposed enforcement action should not
be taken. In the event that any municipality fails to designate a
hearing participant, then the Borough of Ambler shall designate an
individual to so serve. The Committee may itself conduct a hearing
and take the evidence or may designate any of its members or any officer
or employee of Ambler or Ambler Wastewater Treatment Plant to:
[1]
Issue, in the name of the Committee, notices of hearing requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
[2]
Take the evidence.
[3]
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Committee
for action thereon.
(c)
At any hearing held pursuant to this article, testimony taken
must be under oath and recorded stenographically. The transcript,
so recorded, will be made available to any member of the public or
any party to the hearing upon payment of the usual charges thereof.
(d)
After the Committee has reviewed the evidence, it may issue
an order, through the Manager (who shall actually issue the order),
to the user responsible for the discharge directing that following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives, as are necessary and appropriate, may be issued.
(e)
Any user aggrieved by the enforcement of this article may take
an appeal to the Court of Common Pleas of Montgomery County, Pennsylvania,
in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A.
§ 105 et seq., and have a hearing thereon if the appeal
is taken within 15 calendar days of the user's receipt of any
order or notice under the applicable section.
(4)
Compliance order. When Ambler Wastewater Treatment Plant finds that
a user has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, Ambler Wastewater
Treatment Plant may issue an order to the user responsible for the
discharge directing that the user come into compliance within a specified
time. If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
(5)
Cease-and-desist orders.
(a)
When Ambler Wastewater Treatment Plant finds that a user has
violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past
violations are likely to recur, Ambler Wastewater Treatment Plant
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
(b)
Issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
(6)
Administrative fines.
(a)
When Ambler Wastewater Treatment Plant finds that a user has
violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, Ambler Wastewater Treatment
Plant may fine such user in an amount not to exceed $25,000 or any
greater amount which might be permitted by amendment to the POTW penalty
law. Such fines shall be assessed on a per-violation, per-day basis.
In the case of monthly or other long-term average discharge limits,
fines shall be assessed for each day during the period of violation.
The actual amount of the fine in a particular case shall account for
the factors set forth in the Enforcement Response Guide and also Ambler
Wastewater Treatment Plant's separately adopted statement of
policy on the imposition of fines pursuant to the POTW penalty law.
(b)
Unpaid charges, fines and penalties shall, after 30 calendar
days, be assessed an additional penalty of 6% of the unpaid balance,
and interest shall accrue thereafter at a rate of 6% per month. A
lien against the user's property will be sought for unpaid charges,
fines and penalties.
(c)
Users desiring to dispute such fines must file a written request
for Ambler Wastewater Treatment Plant to reconsider the fine, along
with full payment of the fine amount, within 20 days of being notified
of the fine. Where a request has merit, Ambler Wastewater Treatment
Plant may convene a hearing on the matter. In the event the user's
appeal is successful, the payment, together with any interest accruing
thereto, shall be returned to the user. Ambler Wastewater Treatment
Plant may add the costs of preparing administrative enforcement actions,
such as notices and orders, to the fine.
(d)
Issuance of an administrative fine shall not be a bar against
or a prerequisite for taking any other action against the user.
(7)
Emergency suspensions.
(a)
Ambler Wastewater Treatment Plant 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. Ambler Wastewater
Treatment Plant may also immediately suspend a user's discharge,
after notice and opportunity to respond, that threatens to interfere
with the operation of the POTW or which presents, or may present,
an endangerment to the environment.
[1]
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,
Ambler Wastewater Treatment Plant may take such steps as deemed necessary,
including immediate severance of the sewer connection, to prevent
or minimize damage to the POTW, its receiving stream or endangerment
to any individuals. Ambler Wastewater Treatment Plant may allow the
user to recommence its discharge when the user has demonstrated to
the satisfaction of Ambler Wastewater Treatment Plant that the period
of endangerment has passed, unless the termination proceedings provided
for in this article are initiated against the user.
[2]
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 Ambler Wastewater Treatment
Plant prior to the date of any show cause or termination hearing described
elsewhere in this subsection of this article.
(b)
Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
(8)
Termination of discharge.
(a)
In addition to other provisions in this article, any user who
violates the following conditions is subject to discharge termination:
[1]
Violation of wastewater discharge permit conditions.
[2]
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
[3]
Failure to report significant changes in operation or wastewater
volume, constituents and characteristics prior to discharge.
[4]
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling.
[5]
Violation of the pretreatment standards in this article.
(b)
Such user will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause under this article
why the proposed action should not be taken. Exercise of this option
by Ambler Wastewater Treatment Plant shall not be a bar to, or a prerequisite
for, taking any other action against the user.
N.
Judicial enforcement remedies.
(1)
Injunctive relief. When Ambler Wastewater Treatment Plant finds that
a user has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, Ambler Wastewater
Treatment Plant may petition the Court of Common Pleas of Montgomery
County, through the attorney for Ambler Wastewater Treatment Plant,
for the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, order or other requirement imposed by this article
on activities of the user. Ambler Wastewater Treatment Plant may also
seek such other action as is appropriate for legal and/or equitable
relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
(2)
Civil penalties. In the event that Ambler Wastewater Treatment Plant
is required to seek court redress for violations of this article,
then all amounts recoverable elsewhere herein as administrative fines
shall be recoverable as civil penalties; attorney's fees, court
costs and related expenses shall also be recoverable. Filing suit
for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a user.
(3)
Criminal prosecution. In the event that any discharge or other violation
of this article constitutes a violation of any criminal or penal statute,
then in addition to all enforcement remedies described elsewhere in
this article, Ambler Wastewater Treatment Plant or Ambler or the other
participating municipalities shall have the unfettered right to initiate
and/or assist in any state or federal criminal proceedings as a result
of such violation. Examples of criminal conduct in connection with
a violation include, but are not limited to, knowing or intentional
introduction of any substance into the Ambler Wastewater Treatment
Plant which causes injury to persons or property, otherwise undertaking
any act or failing to undertake any act which recklessly endangers
the well-being of the community or plant personnel, falsification
of documents required to be filed pursuant to this article and tampering
with or otherwise rendering inaccurate a monitoring device or similar
equipment.
(4)
Remedies nonexclusive. The remedies provided for in this article
are not exclusive. Ambler Wastewater Treatment Plant may take any,
all or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance
with Ambler Wastewater Treatment Plant's enforcement response
plan. However, Ambler Wastewater Treatment Plant may take other action
against any user when the circumstances warrant. Further, Ambler Wastewater
Treatment Plant is empowered to take more than one enforcement action
against any noncompliant user.
O.
Supplemental enforcement action.
(1)
Performance bonds. Ambler Wastewater Treatment Plant may decline
to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this article, a previous
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, unless such user first files
a satisfactory bond, payable to Ambler Wastewater Treatment Plant,
in a sum not to exceed a value determined by Ambler Wastewater Treatment
Plant to be necessary to achieve consistent compliance.
(2)
Liability insurance. Ambler Wastewater Treatment Plant may decline
to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this article, a previous
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, unless the user first submits
proof that it has obtained financial assurances sufficient to restore
or repair damage to the POTW caused by its discharge.
(3)
Water supply severance. Whenever a user has violated or continues
to violate any provision of this article, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated
its ability to comply.
(4)
Public nuisance. A violation of any provision of this article, a
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement may separately be declared as
a public nuisance to the extent that it constitutes such nuisance
as defined by Pennsylvania law or Borough of Ambler ordinance.
P.
Affirmative defenses to discharge violations.
(1)
Upset.
(a)
For the purpose of this section, "upset" means an exceptional
incident in which there is unintentional and temporary noncompliance
with categorical pretreatment standards because of factors beyond
the reasonable control of the user. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation.
(b)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, if the requirements of Subsection P(1)(c)[3] below are met.
(c)
A user who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating
logs or other relevant evidence, that:
[1]
An upset occurred and the user can identify the cause(s) of
the upset.
[2]
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
[3]
The user has submitted the following information to Ambler Wastewater
Treatment Plant within 24 hours of becoming aware of the upset (if
this information is provided orally, a written submission must be
provided within five days):
[a]
A description of the indirect discharge and cause
of noncompliance.
[b]
The period of noncompliance, including exact dates
and times, or, if not corrected, the anticipated time the noncompliance
is expected to continue.
[c]
Steps being taken and/or planned to reduce, eliminate
and prevent recurrence of the noncompliance.
(d)
In any enforcement proceeding, the user seeking to establish
the occurrence of an upset shall have the burden of proof.
(e)
Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards upon reduction, loss or failure
of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation
where, among other things, the primary source of power of the treatment
facility is reduced, lost or fails.
(2)
Prohibited discharge standards. A user shall have an affirmative
defense to an enforcement action brought against it for noncompliance
with the general or specific prohibitions in this article if it can
prove that it did not know, or have reason to know, that its discharge,
alone or in conjunction with discharges from other sources, would
cause pass-through or interference and that either:
(a)
A local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to and during the
pass-through or interference.
(b)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when
Ambler Wastewater Treatment Plant was regularly in compliance with
its NPDES permit and, in the case of interference, was in compliance
with applicable sludge use or disposal requirements.
(3)
Bypass.
(a)
For the purposes of this section:
[1]
"Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
[2]
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
(c)
Need for and oral notice of bypass.
[1]
If a user knows in advance of the need for a bypass, it shall
submit prior notice to Ambler Wastewater Treatment Plant, at least
10 days before the date of the bypass, if possible.
[2]
A user shall submit oral notice to Ambler Wastewater Treatment
Plant of an unanticipated bypass that exceeds applicable pretreatment
standards within 24 hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause, the duration
of the bypass, including exact dates and times and, if the bypass
has not been corrected, the anticipated time it is expected to continue
and steps taken or planned to reduce, eliminate and prevent reoccurrence
of the bypass. Ambler Wastewater Treatment Plant may waive the written
report on a case-by-case basis if the oral report has been received
within 24 hours.
(d)
Bypass prohibited.
[1]
Bypass is prohibited and Ambler Wastewater Treatment Plant may
undertake an enforcement action against a user for a bypass, unless:
[a]
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage.
[b]
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
wastes or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance.
[2]
Ambler Wastewater Treatment Plant may approve an anticipated bypass, after considering its adverse effects, if Ambler Wastewater Treatment Plant determines that it will meet the three conditions listed in Subsection P(3)(d)[1] of this section.
Q.
Building sewers and connections.
(1)
No unauthorized persons (i.e., persons other than personnel of Ambler
Borough, Ambler Wastewater Treatment Plant, the participating municipalities
or their agents) shall uncover, make any connections with or opening
into, use, alter or disturb any public sewer or appurtenance thereof
without first obtaining a written permit from the Manager or the appropriate
Township official.
(2)
Building sewer permits.
(b)
In either case, the owner or his agent shall make application on a special form furnished by Ambler and/or Whitemarsh Township. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of Ambler and/or Whitemarsh Township. A permit and inspection fee for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to Ambler and/or Whitemarsh Township at the time the application is filed. All building sewer permit applications under Subsection Q(2)(a)[2] above shall be reviewed and approved in writing by Ambler and/or Whitemarsh Township prior to permit issuance. Permit and inspection fees for sewer permits shall be in such amounts as may be established, from time to time, by Ambler and/or Whitemarsh Township through resolution.
(3)
All costs and expenses incidental to the installation, connection
and maintenance of the building sewer shall be borne by the owner
or user, who shall indemnify Ambler and Whitemarsh Township from any
loss or damage that may directly or indirectly be caused by the installation
of the building sewer.
(4)
A separate and independent building sewer shall be provided for every
building or any part of any building as may be determined by Ambler
and/or Whitemarsh Township.
(5)
Old building sewers may be used in conjunction with new buildings
only when they are found, upon examination and test by Ambler and/or
Whitemarsh Township, to meet all requirements of this article.
(6)
The size, slope, alignment, materials or construction of a building sewer and the methods to be used in excavating, the placing of the pipe, jointing, testing and backfilling the trench shall conform to the requirements of the Building Construction Code (Chapter 42) and/or other applicable rules and regulations of Ambler and Whitemarsh Township. In the absence of code provisions or in amplification therefor, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(7)
In order to prevent grease, oil and sand from being discharged into
the public sewage system, all hospitals, nursing homes, hotels, restaurants
and any other establishments engaged in the preparation, processing
or sale of food shall install and properly maintain one or more grease
traps of a type and capacity approved by Ambler, and same shall be
located so as to be readily and easily accessible for cleaning and
inspection. If any other user in the opinion of Ambler discharges
a quantity of oil or sand in its sewage so as to warrant the installation
and maintenance of one or more grease traps, same shall be installed
and maintained in accordance with these regulations at the direction
of Ambler.
(8)
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted
by a method approved by Ambler and discharged to the building sewer.
(9)
No person shall make connection of sump pumps, roof downspouts, foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a POTW unless such connection is approved in writing
by Ambler for purposes of disposal of polluted surface drainage.
(10)
The connection of the building sewer into the POTW (which for purposes of this article includes the collection system) shall conform to the requirements of the Building Construction Code (Chapter 42) or other applicable rules and regulations set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by Ambler and/or Whitemarsh Township before installation.
(11)
The applicant for the building sewer permit shall notify the
Manager or the appropriate Whitemarsh Township official when the building
sewer is ready for inspection and connection to the POTW. The connection
to the public sewer and testing shall be made under the supervision
of the Manager or his representative or by the appropriate Whitemarsh
Township official.
(12)
All excavations for building sewer installations shall be adequately
guarded with barricades and lights, so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of work shall be restored in a manner satisfactory to
Ambler and/or Whitemarsh Township.
(13)
No excavation, construction or connection work shall be commenced
within an Ambler or Whitemarsh Township right-of-way until the owner,
his agents and/or independent contractor shall have first filed a
bond in double the amount of the cost of the work to be performed
as determined by Ambler or Whitemarsh Township, agreeing to indemnify
and save harmless Ambler and/or Whitemarsh Township against any and
all loss, damages, costs and expenses which Ambler and/or Whitemarsh
Township may thereafter suffer, incur or pay by reason of the failure
to complete properly any of the aforesaid excavation, construction
or connection work.
(14)
The term "owner" as used herein shall be deemed to include the
owner or owners in fee simple, lessees of the premises, occupiers
of the premises, users and all other parties having a use or interest
in the premises and occupying the same with or without the consent
and permission of the owner of the fee title.
(15)
Sanitary sewers installed with unused points of connection for
building sewers shall have said points of connection capped for watertight
integrity prior to connection of the building sewer. The method of
capping shall be one approved by the Manager or the appropriate Whitemarsh
Township official.
This article and the regulations enacted hereunder shall apply
to the Township and to persons outside the Township who are users
of the Township wastewater collection system that flows into the Ambler
Wastewater Treatment Plant. This article and the regulations enacted
hereunder shall apply to only that part of the Township that is served
by and flows into the Ambler Wastewater Treatment Plant.
A.
Except as otherwise provided herein, the Manager of the Township,
or his duly authorized representative, shall administer, implement
and enforce the provisions of this article.
B.
Any person violating any of the provisions of this article shall
be subject to the civil, equitable and criminal penalties available
to the Township by law.