[Adopted 11-9-1994 by Ord. No. 6-1994[1] ]
[1]
Editor's Note: This ordinance also repealed
former Art. IV, Wastewater Collection System, adopted 8-11-1987 by
Ord. No. 3-1987.
A.Â
Purpose and policy.
(1)Â
This article sets forth uniform requirements for connected
and nonconnected users discharging into the public sanitary sewage
system within Willistown Township tributary to the treatment plant
of the Valley Forge Sewer Authority and enables Willistown Township
and the Authority to comply with all applicable state and federal
laws required by the Clean Water Act of 1977 and the General Pretreatment
Regulations (40 CFR Part 403).
(2)Â
The objectives of this article are to:
(a)Â
Prevent the introduction of pollutants into
the public sanitary sewage system and treatment plant which will interfere
with the operation of the sewer system or contaminate the resulting
biosolids or otherwise be incompatible to the sewer system; and
(b)Â
Prevent the introduction of pollutants into
the treatment plant which will pass through the treatment system,
inadequately treated, into receiving waters or the atmosphere; and
(c)Â
Improve the opportunity to recycle and reclaim
wastes and biosolids from the sewer system; and
(d)Â
Provide for equitable distribution of the cost
of the treatment plant operation and maintenance.
B.Â
AUTHORITY
BASELINE MONITORING REPORT
BEST MANAGEMENT PRACTICES (BMPs)
BIOSOLIDS
BOD (biochemical oxygen demand)
CATEGORICAL INDUSTRIAL USER
CATEGORICAL WASTE GENERATOR
CLEAN WATER ACT (CWA)"
COLOR OF A WASTE
COMMERCIAL DISCHARGE PERMIT
COMMERCIAL USER OR COMMERCIAL ESTABLISHMENT
COMPOSITE SAMPLE
CONNECTED USER
COOLING WATER
DAILY COMPOSITE SAMPLE
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
DISSOLVED SOLIDS
DOMESTIC USER
ENVIRONMENTAL PROTECTION AGENCY (EPA)
GARBAGE
GRAB SAMPLE or INSTANTANEOUS GRAB SAMPLE
GROUND GARBAGE
GROUNDWATER
HOLDING TANK
HOLDING TANK WASTE
HOUSEHOLD WASTE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTE
INDUSTRIAL WASTE DISCHARGE PERMIT
INFILTRATION
INFILTRATION/INFLOW
INFLOW
INTERCEPTOR
INTERFERENCE
MANHOLE
Mg/L or mg/L
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES
permit)
NEW SOURCE
NONCONNECTED USER
NORMAL DOMESTIC STRENGTH SEWAGE
OBJECTIONABLE WASTE
OWNER
PASS THROUGH
PERSON
pH
POLLUTANTS
POLLUTION
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
PROCESS STREAM OF THE TREATMENT PLANT
PROCESS WASTE
PUBLIC SANITARY SEWAGE SYSTEM (sometimes called the sewer system)
REPORT ON COMPLIANCE WITH NATIONAL CATEGORICAL PRETREATMENT
STANDARDS OR NINETY DAY COMPLIANCE REPORT
RESPONSIBLE INDIVIDUALS
(1)Â
(2)Â
(3)Â
(4)Â
(a)Â
(b)Â
(c)Â
(5)Â
SANITARY SEWAGE
SANITARY SEWER
SEPTAGE
SEPTAGE DISCHARGE STATION
SEWAGE (also referred to as wastewater)
SIGNIFICANT INDUSTRIAL USER
(1)Â
(2)Â
(3)Â
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
SIGNIFICANT WASTE GENERATOR
(1)Â
(2)Â
(a)Â
(b)Â
(c)Â
SLUDGE
SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORMWATER
TIER I WASTE
TIER II WASTE
TOTAL SOLIDS
TOTAL SUSPENDED SOLIDS
TOWNSHIP
TOXIC POLLUTANT
TREATMENT PLANT
TRUCKED INDUSTRIAL WASTE
USER
WASTE
WASTE GENERATOR
WASTE HAULER
WASTE HAULER LICENSE
WASTE PERMIT
Word usage and definitions. Unless the context specifically
indicates otherwise, the following terms and phrases, as used in this
article, shall have the meanings hereinafter designated. Words in
the present tense include the future. The singular number includes
the plural number. The plural number includes the singular number.
"Shall" is mandatory; "may" is permissive.
The Valley Forge Sewer Authority or its authorized representatives.
Refers to the report required in 40 CFR Part 403.12, to be
submitted by all industrial users or waste generators subject to national
categorical pretreatment standards.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR Part 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
[Added 1-25-2010 by Ord. No. 1-2010]
The primarily solid organic material recovered from a sewage
treatment process and recycled especially as a fertilizer.
The quantity of dissolved oxygen consumed in the biochemical
oxidation of the organic matter in waste under standard laboratory
procedure in five days at 20° C., expressed in milligrams per
liter (mg/L). It shall be determined by one of the acceptable methods
described in 40 CFR Part 136 and amendments thereto, or by any other
methods approved by the Environmental Protection Agency (EPA).
Any industrial user subject to a national categorical pretreatment
standard.
Any waste generator subject to a national categorical pretreatment
standard.
Refers to Public Law 92-500, October 18, 1972, 33 USC 1251
et seq; as amended by P.L. 95-217, December 28, 1977; P.L. 97-177,
December 29, 1981; P.L. 97-440, January 8, 1983, and P.L. 100-04,
February 4, 1987, and any subsequent amendments or reauthorizations
thereto.
The color of the light transmitted by the waste solution
after removing the suspended material, including the pseudocolloidal
particles.
Refers to a permit issued to those industrial users that
the Authority does not classify as significant industrial users, but
are considered to have an impact, either potential or realized, either
singly or in combination with other contributing commercial or industrial
establishments, on the public sanitary sewage system and/or the treatment
plant (either its operational efficiency, effluent quality or quality
of the biosolids produced by such facility).
Refers to a property which is intended to be used for the
purpose of carrying on a trade, business or profession, or for social,
religious, educational, charitable or public uses, or a person discharging
waste generated by the trade, business, profession, social, religious,
educational, charitable or public use of the property.
A sample consisting of a combination of individual samples
that are either time- or flow-proportioned or both, obtained at regular
intervals over a period of time and shall reasonably reflect the actual
wastewater or waste discharge conditions for that period of time.
A user located in the Authority service area that discharges
into the public sanitary sewage system through a direct connection
point that has been approved by the Authority.
The water discharged from any system of condensation, including
but not limited to air conditioning, cooling or refrigeration.
A sample consisting of a combination of individual samples,
regardless of flow, collected at regular intervals over a period of
time; the sampling duration shall be not less than 20 hours, but shall
not exceed 28 hours, or as specified in an industrial waste discharge
permit or commercial discharge permit.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any Department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of the Department of
Environmental Protection.
That concentration of matter in a waste consisting of colloidal
particulate matter, and both organic and inorganic molecules and ions
present in solution that pass through a standard filter according
to the approved procedures outlined in 40 CFR Part 136 or amendments
thereto, or outlined in any other procedure approved by the EPA.
Any connected user discharging only sanitary sewage. This
discharge shall not exceed an average daily total suspended solids
concentration of 250 milligrams per liter (mg/l) and an average daily
BOD concentration of 250 milligrams per liter (mg/l).
The Environmental Protection Agency of the United States,
or any agency or department of the United States succeeding to the
existing jurisdiction or responsibility of the Environmental Protection
Agency.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the commercial handling,
storage and sale of produce.
A sample taken from a wastewater or waste with no regard
to flow in the wastewater or waste and collected over a period of
time not exceeding 15 minutes but shall reasonably reflect actual
discharge conditions for that period.
Garbage that has been shredded to such a degree that all
its particles will be carried freely under normal sewer flow conditions,
with no particle greater than 1/2 inch in any dimension.
Water which is standing in or passing through the ground.
A watertight receptacle designed to receive and retain wastes
and is constructed to facilitate the ultimate disposal of the wastes
at another site.
The wastes originating from normal household activities containing
human and customary household wastes, or such wastes from commercial
or industrial establishments, but excluding industrial wastes. The
waste must be certified by a waste hauler licensed by the Authority
as sanitary sewage, and must be stored in such a way as not to concentrate
said waste to a level of total suspended solids exceeding 1,000 milligrams
per liter (mg/l).
The water-carried waste originating from normal household
functions such as waste from kitchens, toilets, lavatories and laundries,
or such waste from industrial or commercial establishments, but excluding
industrial waste.
The introduction of pollutants into the Authority's public
sanitary sewage system from any nondomestic source regulated under
Section 307(b), (c) or (d) of the Clean Water Act.
[Added 1-25-2010 by Ord. No. 1-2010]
Any connected user which is not a domestic user.
Any liquid, solid or gaseous substance, whether or not solids are contained therein, discharged from any user during the course of any industrial, manufacturing, trade, or business process or in the course of development, recovery or processing of natural resources, or any wastes having any of the characteristics described under § 105-32A of this article (General discharge prohibitions), as distinct from sanitary sewage.
A permit issued to a significant industrial user in accordance with § 105-34 of this article.
The groundwater unintentionally entering the public sanitary
sewage system, including building foundation drains and sewers, from
the ground through such means as, but not limited to, defective pipes,
pipe joints, connection or manhole walls. Infiltration does not include,
and is distinguishable from, inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
The water discharged into a public sanitary sewage system,
including building drains and sewers, from such sources as, but not
limited to roof leaders, cellar, yard and area drains; foundation
drains; unpolluted cooling water discharges; drains from springs and
swampy areas; manhole covers; cross connection from storm sewer and/or
combined sewers; catch basins; stormwater; surface runoff; street
wash water; or drainage. Inflow does not include, and is distinguishable
from, infiltration.
A device designed and installed so as to separate and retain
for removal by automatic or manual means, deleterious, hazardous or
objectionable waste, including but not limited to grease, oil or sand,
while permitting sanitary sewage or industrial waste to discharge
by gravity into a public sanitary sewage or on-site drainage system.
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 and results in a violation of any
requirement of the treatment plant's NPDES permit or prevents biosolids
use or disposal in compliance with applicable federal or state statutes
or regulations. The term includes those discharges that cause a prevention
of biosolids use or disposal by the treatment plant in accordance
with 405 of the Act (33 USC 1345) or any criteria, guidelines, or
regulations developed pursuant to the Solid Waste Disposal Act (SWDA),
the Clean Air Act, the Toxic Substances Control Act, 40 CFR Part 503,
or more stringent state criteria, including those contained in any
state biosolids management plan prepared pursuant to Title IV of SWDA
or any more stringent DEP criteria, guidelines or regulations pursuant
to the Solid Waste Management Act (SWMA),[1] the Clean Streams Law (CSL),[2] or the Air Pollution Control Act (APCA)[3] applicable to the method of disposal or use employed by
the treatment plant, and those discharges that cause a pass through
or disrupt operations at the treatment plant or in the public sanitary
sewage system.
A shaft or chamber leading from the surface of the ground
to a sewer, large enough to enable a man to gain access to the latter.
Milligrams per liter.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with 40 CFR Chapter I, Subchapter N, Parts
405-471 and Section 307 (b) and (c) of the Act (33 USC 1317) which
applies to a specific category of industrial user or waste generator.
A permit issued under the National Pollutant Discharge Elimination
System (NPDES) for discharge of wastewater to the navigable waters
of the United States pursuant to Section 402 of the Clean Water Act,
as amended.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Clean Water Act which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that the building, structure, facility
or installation is constructed at a site at which no other source
is located; or the building, structure, facility or installation totally
replaces the process or production equipment that causes the discharge
of pollutants at an existing source; or the production or wastewater
generating processes of the building structure, facility or installation
are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, 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. Determination of new source status shall be consistent
with the provisions of 40 CFR Part 403.3(k)(1), (2) and (3).
Any user who contributes waste (including trucked industrial
waste, domestic holding tank waste or septage) to the treatment plant
by transporting or allowing the transport of such waste by vehicle
and allows or causes the discharge of said trucked waste into the
treatment plant at such a discharge point and under such conditions
as may be approved by the Authority.
Wastewater or sewage having an average daily total suspended
solids concentration of not more than 250 milligrams per liter (mg/l)
and an average daily BOD of not more than 250 milligrams per liter
(mg/l) and excluding toxic and/or flammable wastes.
Any wastes that can, in the Authority's judgment: harm either
the sewer system or treatment plant process or equipment; have an
adverse effect on the receiving stream; endanger life, health or property;
or which constitutes a public nuisance.
Any person vested with ownership, legal or equitable, sole
or partial, of any property, or his authorized representative.
A discharge which exits the treatment plant into waters of
the United States in quantities or concentrations which, alone or
in conjunction with other discharges, is a cause of a violation of
the treatment plant's NPDES permit or of any applicable local, state
or federal water quality criteria (including an increase in the magnitude
or duration of a violation).
An individual, a partnership, an association, a corporation,
a joint stock company, a trust, an unincorporated association, a governmental
body, a political subdivision, a municipality, a municipality authority
or any other group or legally recognized entity. The masculine gender
shall include the feminine, and singular shall include the plural
where indicated by the context.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution indicating the degree of acidity
or alkalinity of a substance. pH shall be determined by one of the
accepted methods described in 40 CFR Part 136 and amendments thereto,
or by any other method approved by the EPA.
Any material that, when added to water, shall render that
water (either because of the nature or quantity of the material) unacceptable
for its original intended use, including, but not limited to, dredged
spoil; solid waste; incinerator residue; sewage; garbage; biosolids;
chemical wastes; biological materials; radioactive materials; heat;
sand; cellar dirt; and/or industrial, municipal, and agricultural
wastes.
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in a waste to a less harmful state prior to or in lieu of discharging
(either by a connected user or nonconnected user through a licensed
waste hauler) or otherwise introducing such pollutants into the public
sanitary sewage system. The reduction or alteration can be obtained
by physical, chemical or biological processes, or by process changes
by other means.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user
or waste generator.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
USC 1317), which applies to industrial users and including prohibitive
discharge limits established pursuant to 40 CFR 403.5.
The forward flow of waste through various treatment units
of the treatment plant, including primary clarifiers, aeration tanks,
secondary (final) clarifiers and chlorine contact tanks, and including
holding tank waste or trucked industrial waste discharged directly
into one of those treatment units.
Any water which, during manufacturing or processing, comes
into direct contact with, or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product, excluding noncontact cooling water and boiler blowdown.
All sanitary sewers, all pumping stations, all force mains,
and all other sewage facilities owned or leased and operated by Willistown
Township tributary to the treatment plant for the collection, transportation
and treatment of sanitary sewage and industrial wastes and septage,
together with their appurtenances, and any additions, extensions or
improvements thereto. It shall also include sewers within the Willistown
Township's service area which serve one or more persons and discharge
into the public sanitary sewage system even though those sewers may
not have been constructed by Willistown Township and are not owned
or maintained by Willistown Township. It does not include separate
storm sewers or culverts which have been constructed for the sole
purpose of carrying stormwater or surface runoff, the discharge from
which is not and does not become tributary to the treatment plant.
Refer to the report required by 40 CFR Part 403.12 (d), to
be submitted by all industrial users or waste generators subject to
national categorical pretreatment standards.
A president, secretary, treasurer, or vice president
of the corporation in charge of a principal business function, or
any other person who performs similar policy- or decision-making functions
for the corporation, or
The manager of one or more manufacturing, production,
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
A general partner or proprietor if the industrial
user submitting the reports required by paragraphs (b), (d) and (e)
of 40 CFR Part 403.12 is a partnership or sole proprietorship respectively.
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well, or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
The written authorization is submitted to the
control authority.
If an authorization under Subsection (3) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection (3) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
Wastes originating from domestic users containing human and
customary household wastes, or such wastes from commercial or industrial
establishments, but excluding industrial wastes.
Any pipe or conduit constituting a part of the sewer system,
or usable for sewage collection purposes, which carries wastewater
and to which stormwater, surface and groundwater are not admitted
and which discharges to the treatment plant owned by the Valley Forge
Sewer Authority.
Refer to household waste from normal household functions,
or such waste from commercial or industrial establishments, concentrated
or treated in such a manner so as to concentrate the total suspended
solids in such waste to a level at which it is treatable through the
septage discharge station at the treatment plant.
One of the locations at the Treatment Plant designated by
the Authority to receive septage, holding tank waste or trucked industrial
waste which is not discharged directly into the process stream of
the treatment plant.
Any sanitary sewage or industrial waste, carried either separately
or in combination, that is discharged into the public sanitary sewage
system by a connected user, or any trucked industrial waste or holding
tank waste generated by a waste generator and transported to the treatment
plant by a licensed waste hauler and discharged into the process stream
of the treatment plant as a Tier I waste.
Except as provided in Subsection (3) of this definition shall
mean:
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N; and
Any other industrial user that: discharges an
average of 25,000 gallons per day or more of process waste to the
POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
contributes a process wastestream which makes up 5% or more of the
average dry weather hydraulic or organic capacity of the POTW treatment
plant; or is designated as such by the Authority 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 a finding that an industrial user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Authority may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
A violation by an industrial user meeting one or more of
the following criteria [40 CFR 403.8(f)(2)vii]:
[Amended 1-25-2010 by Ord. No. 1-2010]
Chronic violations of wastewater discharge limits, defined as
those in which 66% or more of all the measurements taken during a
six-month period exceed, by any magnitude, the daily maximum, average
or instantaneous limit for the same pollutant parameter.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum, average or instantaneous limit multiplied by
the applicable TRC [TRC=1.4 for BOD, TSS, fats, oil and grease, and
1.2 for all other pollutants, except pH].
Any other violation of a pretreatment effluent limit (daily
maximum, instantaneous or longer-term average) that the control authority
determines has caused, either alone or in combination with other discharges,
an interference or pass-through (including endangering the health
of POTW personnel or the general public).
Any discharge of a pollutant that has caused imminent endangerment
to the health, welfare or to the environment or has resulted in the
POTW's exercise of its emergency authority [40 CFR 403.8(f)(1)(iv)(B)]
to halt or prevent such a discharge.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance.
Failure to provide within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or groups of violations, including a violation
of best management practices, which the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any categorical waste generator;
Any other waste generator which:
Discharges a flow of 10,000 gallons or more
process waste per day to the treatment plant;
Contributes a process waste which makes up 5%
or more of the average dry weather hydraulic flow or 5% or more of
the organic (BOD) capacity of the treatment plant; or
Is designated by the Authority, EPA or DEP to
have a reasonable potential, either singly or in combination with
other users, for adversely affecting the operation of the public sanitary
sewer system and/or the treatment plant (either its operational efficiency,
effluent quality or quality of the biosolids produced by said facility),
or for violating any pretreatment standard or requirement.
Any solid material containing large amounts of entrained
water collected during water or wastewater treatment which may be
recycled.
Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which would cause a violation of the prohibited discharge standards in § 105-32 of this article.
A classification pursuant to the latest Standard Industrial
Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
That portion of the precipitation that runs off over the
surface during a storm and for a short period following a storm and
enters the sewer system, and causes the flow at the treatment plant
to exceed the normal or ordinary flow.
A waste generated by any user that is required, by the Authority,
to be discharged directly into the process stream of the treatment
plant. The Authority's determination is based on waste characteristics
including, but not limited to total suspended solids and BOD concentration.
This category of waste may include, but is not limited to most holding
tank wastes, industrial wastes and sanitary landfill leachates.
A waste generated by any user that is transported to the
treatment plant by a licensed waste hauler and is required, by the
Authority, to be discharged into the septage discharge station at
the treatment plant. The Authority's determination is based on waste
characteristics including, but not limited to total suspended solids
and BOD concentration. This category of waste may include, but is
not limited to most septages, biosolids and sludges.
The sum of the total suspended solids in milligrams per liter
(mg/l) and dissolved solids in milligrams per liter (mg/l), as determined
by one of the acceptable methods described in 40 CFR Part 136 and
amendments thereto, or by any other method approved by the EPA.
Solids that either float to the surface or are in suspension
in water, sewage, industrial waste or other liquids, and which are
removable by laboratory filtration. The quantity of total suspended
solids shall be determined by one of the acceptable methods described
in 40 CFR Part 136 and amendments thereto, or by any other method
approved by the EPA.
Willistown Township.
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) or other acts.
The structures, equipment and processes owned by the Valley
Forge Sewer Authority and required to collect, transport and treat
domestic and industrial waste and to treat trucked industrial waste,
holding tank waste and septage and to dispose of the effluent and
accumulated residual solids.
Any liquid, solid or gaseous substance, whether or not solids are contained therein, produced by any user during the course of any industrial, manufacturing, trade, or business process or in the course of development, recovery or processing of natural resources, as distinct from sanitary sewage, that is permitted in accordance with § 105-32B of this article and that is transported by vehicle and discharged to the treatment plant by a waste hauler licensed in accordance with § 105-32B of this article. Leachates from sanitary landfills shall be considered trucked industrial waste.
Any person who contributes, causes or permits the contribution
of wastewater, or waste into the Authority's Treatment Plant.
Any sewage (or wastewater), trucked industrial waste, holding
tank waste or septage.
Any nonconnected user of the treatment plant.
A person licensed by the Authority under § 105-34B of this article to transport and discharge trucked industrial waste (generated by a permitted waste generator), or holding tank waste or septage at the treatment plant.
The license issued by the Authority pursuant to § 105-34B of this article which allows the discharge of domestic holding tank waste, septage or trucked industrial waste transported to the treatment plant in an over-the-road vehicle.
The permit issued by the Authority to a significant waste
generator for a particular trucked industrial waste pursuant to Section
105-34.B of this article.
A.Â
General discharge prohibitions. No user shall contribute
or cause to be contributed, directly or indirectly, any pollutant,
or waste which will cause pass through or interference with the operation
or performance of the treatment plant. These general prohibitions
apply to all such users of the treatment plant whether or not the
user is subject to national categorical pretreatment standards or
any other national, state or local pretreatment standards or requirements.
The following limitations and prohibitions shall apply to all users
of the treatment plant:
(1)Â
Unpolluted water or waste prohibition. No person shall
discharge to the public sanitary sewage system unpolluted water or
waste capable of being disposed of by any means other than discharge
into the public sanitary sewage system, including but not limited
to noncontact cooling water, except under such conditions as may be
authorized in a permit issued by the Authority pursuant to this article.
(2)Â
Stormwater prohibition. No person shall discharge
to the public sanitary sewage system any amount of unpolluted stormwater,
including but not limited to surface water, foundation drainwater,
groundwater, roof runoff or surface drainage. All connections which
would result in the discharge of inflow are hereby specifically prohibited.
(3)Â
Dilution of wastes prohibited. No user shall ever
increase the use of process water or, in any way, attempt to dilute
a discharge as a partial or complete substitute for adequate pretreatment
to achieve compliance with the limitations contained in the national
categorical pretreatment standards, or in any other pollutant-specific
limitation developed by the Authority or DEP.
(4)Â
Grease and oil prohibitions. No person shall discharge
to the public sanitary sewage system any grease, oils or grease interceptor
wastes capable of being disposed of by any means other than discharge
into the public sanitary sewage system, except under such conditions
as may be authorized in a permit issued by the Authority pursuant
to this article. In addition, discharge of petroleum oil, nonbiodegradable
cutting oil, or products of mineral oil origin in amounts causing
interference or pass through at the treatment plant is prohibited.
(5)Â
Other general prohibitions. Except as otherwise provided,
no person shall discharge or cause to be discharged any waste or other
matter or substance:
(a)Â
That could cause pass through or interference,
alone or in conjunction with a waste or wastes from other sources.
(b)Â
Containing any liquids, solids or gases which
by reason of their nature or quantity are, or may be, sufficient either
alone or by interaction with other substances to cause fire or explosion
or be injurious in any other way to the treatment plant or to the
operation of the treatment plant.
(c)Â
Containing any noxious or malodorous or toxic
gases/vapors/ fumes or substance, which alone or by interaction with
other wastes, is capable of creating a public nuisance or hazard to
life or preventing entry into sewers for their maintenance and repair.
The discharge of wastes that result in gases, vapors or fumes in quantities
that could cause worker health or safety problems at the treatment
plant is specifically prohibited.
(d)Â
Containing garbage that is not ground garbage.
(e)Â
Containing any solid or viscous substances in
quantities or of size capable of causing obstruction to the flow in
sewers, or other interference with the proper operation of the treatment
plant. Such substances include, but are not limited to ashes, cinders,
sand, mud, straw, shavings, metal, glass, bones, rags, feathers, tar,
plastic, wood, paunch manure, butchers offal, whole blood, bentonite,
lye, building materials, rubber, hair, leather, porcelain, china,
ceramic wastes, asphalt, paint and waxes.
(f)Â
Containing a toxic pollutant or poisonous substance
in sufficient quantity, either singly or by interaction with any sewage
treatment process, to constitute a hazard to humans or animals or
to create any hazard in the receiving stream of the treatment plant,
or that exceeds any applicable limitation set forth in a national
categorical pretreatment standard.
(g)Â
Containing total solids, total suspended solids
or BOD of such character or quantity that unusual attention or expense
is required to handle such materials at the treatment plant, except
as may be approved by the Authority, or as may be otherwise provided
herein.
(h)Â
Containing any radioactive wastes or isotopes
except in compliance with applicable state or federal regulations.
(i)Â
Prohibited by any permit issued by the Commonwealth
of Pennsylvania, or by the EPA or any other federal agency.
B.Â
Specific discharge prohibitions. The discharge of
the following wastes into the treatment plant is hereby specifically
prohibited:
(1)Â
Wastes containing more than 100 milligrams per liter
(mg/l) of grease and oil, if the grease and oil is of unknown or petroleum
origin in a Tier I or Tier II waste; or containing more than 200 milligrams
per liter (mg/l) of grease and oil in a Tier I waste, or more than
10,000 milligrams per liter (mg/l) of grease and oil in a Tier II
waste, if the grease and oil is determined to be of an animal or vegetable
origin. The differentiation between grease and oil of animal/vegetable
origin and those of petroleum origin shall be made by the Authority.
(2)Â
Wastes having a temperature higher than 150° F
or less than 32° F, but in no case heat in such quantities that
the temperature of the influent to the treatment plant exceeds 104°
F or inhibits the biological activity of the treatment plant.
(3)Â
Wastes having a closed cup flash point of less than
140° F, as determined by a method listed under 40 CFR Part 261.21
and amendments thereto, are specifically prohibited. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge into the system (or at any point in the system) be more
than 5%, nor any single reading over 10%, of the Lower Explosive Limit
(LEL) of the meter.
(4)Â
Wastes having a pH lower than 6.0 or greater than
9.5 in a Tier I waste, or a pH lower the 5.0 or greater the 9.5 in
a Tier II waste, or having any corrosive or scale-forming property
capable of causing damage or hazards to structures, equipment, bacterial
action, or health or safety hazards to operating personnel or the
sewer system or the treatment plant.
(5)Â
Wastes that exceed any of the following concentrations
in a discharge to the process stream of the treatment plant from a
connected user as sewage or Tier I waste or from a nonconnected discharge
(through a licensed waste hauler) as a Tier I waste, as a daily composite
sample or grab sample:
Tier I Limits
| |||
---|---|---|---|
Parameter
|
Limitation
|
Units
| |
Arsenic (Total)
|
0.04
|
mg/L
| |
Cadmium (Total)
|
0.09
|
mg/L
| |
Chromium (Total)
|
6.00
|
mg/L
| |
Chromium (Hexavalent)
|
1.00
|
mg/L
| |
Copper (Total)
|
1.00
|
mg/L
| |
Cyanide (Total)
|
0.26
|
mg/L
| |
Lead (Total)
|
0.10
|
mg/L
| |
Mercury (Total)
|
0.02
|
mg/L
| |
Nickel (Total)
|
0.90
|
mg/L
| |
Silver (Total)
|
0.08
|
mg/L
| |
Zinc (Total)
|
1.00
|
mg/L
| |
PCBs (Total)
|
ND
|
mg/L
| |
ND - Not detectable
|
(6)Â
Wastes that exceed any of the following concentrations
in a discharge to the septage discharge station of the treatment plant
from a nonconnected discharge (through a licensed waste hauler) as
a Tier II waste in a grab sample or daily composite sample:
Tier II Limits
| |||
---|---|---|---|
Parameter
|
Limitation
|
Units
| |
Arsenic (Total)
|
6.0000
|
mg/L
| |
Cadmium (Total)
|
0.5000
|
mg/L
| |
Chromium (Total)
|
21.0000
|
mg/L
| |
Chromium (Hexavalent)
|
2.0000
|
mg/L
| |
Copper (Total)
|
100.0000
|
mg/L
| |
Cyanide (Total)
|
0.2600
|
mg/L
| |
Mercury (Total)
|
0.7000
|
mg/L
| |
Lead (Total)
|
39.0000
|
mg/L
| |
Nickel (Total)
|
5.0000
|
mg/L
| |
Silver (Total)
|
5.0000
|
mg/L
| |
Zinc (Total)
|
95.0000
|
mg/L
| |
PCBs (Total)
|
ND
|
mg/L
| |
ND = Not detectable
|
(7)Â
Individual control limits. If the Authority determines
that a waste from any significant industrial user or significant waste
generator poses a unique potential for pass through or interference
due to the quality or quantity of the discharge, the Authority shall
place special requirements or limits, in excess of those contained
in this article, in any industrial waste discharge permit or waste
permit to prevent such pass through or interference. Such individual
control limits may include, but are not limited to solvent/toxic organic
management plans (STOMPs), toxic reduction evaluation plans (TREs),
hazardous waste disposal plans, slug discharge control plans or specific
numerical limitations on substances.
(8)Â
Any pollutant, including oxygen demanding pollutants
(BOD etc.) released in a discharge at a flow rate and/or pollutant
concentration which will cause interference with or pass through at
the treatment plant.
(9)Â
Wastes containing color from any source that when
diluted with distilled water 1:10 will have a luminescence of 10%
or greater and a purity of 90% or less, at its dominant wavelength
by the tristimulus method, or containing any objectionable color not
removed by the treatment process utilized by the Authority.
(10)Â
Wastes containing more than 10 milligrams per
liter (mg/L) of hydrogen sulfide, sulfur dioxide or nitrous oxide
as determined by a method referenced in 40 CFR Part 136 and amendments
thereto or any method approved by the EPA.
C.Â
Federal and state requirements.
(1)Â
Primary of state and federal requirements. Nothing
in this section shall be construed to provide lesser discharge standards
than are presently or may hereafter be imposed and required by the
EPA or DEP.
(2)Â
National categorical pretreatment standards. The national categorical pretreatment standards, as defined in § 105-31B (relating to definitions) and promulgated by the EPA as of May 9, 1994, and the national prohibitive discharge standards, as defined in § 105-31B and promulgated by the EPA as of May 9, 1994, are specifically incorporated herein by reference. A national categorical pretreatment standard or a national prohibitive discharge standard and pretreatment standard, as defined in § 105-31B, and promulgated by the EPA subsequent to May 9, 1994, is specifically incorporated by reference upon publication in the Federal Register as final rulemaking. Any EPA standard as defined above which is more stringent than that imposed under this article shall immediately supersede the less stringent requirement upon incorporation by reference as provided herein.
(3)Â
Pennsylvania state standards. Upon the promulgation
of any Pennsylvania state (DEP) standards or requirements, the DEP
standards or requirements shall immediately supersede the limitations
imposed under this article if the DEP standards are more stringent
than federal limitations or requirements or the limitations and requirements
imposed under this article.
D.Â
Accidental and slug discharges.
(1)Â
Accidental discharge and slug discharge prevention.
All users shall provide and maintain, at their own expense, facilities
adequate, in the judgment of the Authority, to prevent accidental
discharge of prohibited and/or regulated substances and/or slug discharges
and to protect the public sanitary sewage system from damages caused
by such substances. No industrial user or significant waste generator
which commences discharge to the treatment plant after the effective
date of this article shall be permitted to introduce pollutants into
the treatment plant until the Authority has reviewed and approved
that user's accidental discharge prevention or slug prevention procedures
(if those procedures are required by the Authority). Users designated
as Sills after October 14, 2005, must be evaluated for the need for
a slug control discharge plan within one year of designation. The
Authority shall evaluate whether each SIUs needs an accidental discharge/slug
control plan at least once every two years. If the Authority decides
a slug control plan is needed, the plan shall contain, at a minimum,
the following elements:
[Amended 1-25-2010 by Ord. No. 1-2010]
(a)Â
Description of discharge practices, including
nonroutine batch discharges;
(b)Â
Description of stored chemicals;
(c)Â
Procedures for immediately notifying the POTW
of slug discharges, including any discharge that would violate a prohibition
under 40 CFR 403.5(b), with procedures for followup written notification
within five days; and,
(d)Â
If necessary, procedures to prevent adverse
impact from accidental spills, including 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 necessary for emergency response.
(2)Â
Accidental and/or slug discharge notification. In
the case of an accidental and/or slug discharge to the treatment plant
the user shall immediately telephone and notify the Authority of the
accident. The notification shall include information regarding the
location of the discharge, the type of pollutants involved, the concentration
and volume of the discharge and corrective actions taken and/or contemplated.
(3)Â
Accidental and/or slug discharge report. Within five
working days following an accidental and/or slug discharge, the user
shall submit to the Authority a detailed written report describing
the cause of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the treatment plant,
fish kills, or any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this article or other applicable
law.
(4)Â
Employee notice concerning accidental and/or slug
discharge. 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 dangerous discharge. Employers shall insure that all
employees who may cause or suffer such a dangerous discharge to occur
are advised of the emergency notification procedure.
E.Â
Grease and sand interceptors.
(1)Â
Interceptors required. Grease, oil and sand interceptors
or retainers shall be installed by the user at his own expense when,
in the opinion of the Authority, such are necessary for the proper
handling of liquid wastes containing grease, oil or sand in excessive
amounts, and of such other harmful ingredients. Such interceptors
shall be of a type and capacity approved by the Authority and shall
be located as to be readily and easily accessible for cleaning by
the user and for inspection by the Authority.
(2)Â
Interceptor maintenance. Where installed, all grease,
oil and sand interceptors shall be maintained by the user, at his
own expense, and shall be kept in continuous and efficient operation
at all times.
F.Â
Hazardous wastes; general notification requirements.
All users shall notify in writing the EPA, DEP, the Authority, and
the Township of any discharge of a substance whereby if otherwise
disposed of would be hazardous waste (listed or characteristic under
section 3001 of RCRA) into the public sanitary sewage system per the
requirements of 40 CFR 403.12(p)(1) through (4).
A.Â
Surcharges required. Although the sewage treatment
works will be capable of treating certain industrial wastes, the actual
treatment of such wastes may increase the cost of operating and maintaining
the public sanitary sewage system. Therefore, there will be imposed
upon each user discharging such waste into the public sanitary sewage
system a surcharge or surcharges which are intended to cover such
additional costs. Such surcharges shall be in addition to regular
sewage service charges and shall be payable as herein provided.
B.Â
Determination of surcharges.
(1)Â
The strength of any industrial or commercial waste discharge which is to be subject to a surcharge as determined by § 105-33 shall be determined quarterly, or more frequently, as the Authority shall determine. The surcharge shall be determined from samples taken either at the manhole or metering chamber referred to in this article, or at any other sampling point mutually agreed upon by the Authority and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of the Authority, will permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff.
(2)Â
Samples shall be collected or their collection supervised
by a representative of the Authority and will be samples that reasonably
reflect the characteristics of the waste. Except as hereinafter provided,
the strength of waste so found by analysis shall be used for establishing
the surcharge or surcharges. However, the Authority may, if it so
elects, accept the results of routine sampling and analyses by the
producer of such wastes in lieu of making its own sampling and analyses.
C.Â
Calculation of surcharges.
(1)Â
In the event that, after sampling and analysis as prescribed in Subsection B hereof, any industrial or commercial waste is found by the Authority to have pollutants of BOD concentration in excess of 250 mg/l and/or total suspended solids concentration in excess of 250 mg/l, the producer of said waste shall pay a strength-of-waste surcharge in addition to the regular sewage service charge, which surcharge shall be computed by using the following formula:
S = 0.00834 QI
[(BODI - 250) TA + (TSSI - 250) TB]
| |
Where:
| |
S is the surcharge to be added to the basic
user charge.
| |
QI is the industrial or commercial waste flow
expressed in million gallons.
| |
0.00834 is a constant to convert waste concentration.
| |
BODI and TSSI are the respective concentrations
of BOD and total suspended solids of the industrial or commercial
waste expressed in mg/l.
| |
250 is a constant which expresses the waste
load concentrations of BOD and total suspended solids for normal domestic
strength sewage in mg/l.
| |
TA and TB are actual treatment costs incurred
by the Authority per 1,000 pounds of BOD and total suspended solids,
respectively. These costs are determined annually by the Authority
based upon actual costs of operation and maintenance.
|
(2)Â
When a value of BOD and/or total suspended solids
is less than 250 mg/l, than 250 mg/l shall be used in the calculation
of the surcharge.
D.Â
Sampling fees and schedules. All industrial or commercial
users and all significant waste generators shall be assessed a fee
or service charge for each sampling to be performed by the Authority.
The fees to the user for each sampling shall include charges, as determined
by the Authority, for sample collection, analysis and administrative
services, and shall be in addition to any costs of sample collection
and analysis which the user performs or has performed independently
or privately.
A.Â
General; permits required for certain wastes. Only
sanitary sewage may be discharged into the public sanitary sewage
system except as may be authorized by the Authority in accordance
with the provisions of this article concerning industrial waste discharge
permits, waste hauler licenses, waste generator permits and commercial
discharge permits.
B.Â
Permits and licenses.
(1)Â
Permits and licenses required. No sanitary sewage,
industrial waste, trucked industrial waste, holding tank waste or
septage shall be discharged to the treatment plant from any significant
industrial user, significant waste generator or waste hauler other
than that for which the following permits or licenses have been issued:
(2)Â
Commercial discharge permits. When determined by the
Authority a commercial establishment may be required to obtain a commercial
discharge permit.
(3)Â
Permit and license applications.
(a)Â
All industrial users, waste generators and waste haulers proposing to contribute to the public sanitary sewage system shall make application for a permit or license according to Subsection B(3)(a)[1] and [2] of this section. All existing significant industrial users, significant waste generators and waste haulers contributing to the treatment plant at the time of the adoption of this article shall apply for a permit or license within 30 days after the adoption of this article, and shall obtain a permit or license within 90 days after the effective date of this article. Any user required to apply for a permit or license shall complete and file an application form approved by the Authority, accompanied by a nonreturnable processing fee to be set by the Authority. Proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the treatment plant. In support of the application for an industrial waste discharge permit, commercial discharge permit, waste permit or waste hauler license, the user may be required to submit, in units and terms appropriate for evaluation, any of the following information, including, but not limited to:
[1]Â
Name, address, location, phone number;
[2]Â
Standard industrial classification (SIC) number
according to the Standard Industrial Classification Manual, Bureau
of the Budget, 1987;
[3]Â
Names of responsible individuals;
[4]Â
Waste constituents and characteristics, before
and after pretreatment, as determined by a reliable analytical laboratory;
[5]Â
Time and duration of contribution;
[6]Â
Average daily waste flow rates and/or estimated
or required daily discharge volumes and frequency, including daily,
monthly and seasonal variations, if any;
[7]Â
Site plans, plumbing plans and details to show
all sewers, sewer connections, and appurtenances by the size, location
and elevation;
[8]Â
Description of activities and plant processes
on the premises including all materials which are or could be discharged;
[9]Â
Description of waste to be discharged;
[10]Â
Where known, the nature and concentration of any pollutants in the discharge which are limited by the Authority, state or federal pretreatment standards, and a statement reviewed by an authorized representative of the user (as defined in § 105-31B of this article) and certified to by a qualified professional, indicating whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable pretreatment standards;
[11]Â
If additional pretreatment and/or
operation and maintenance (O&M) will be required to meet pretreatment
standards, the shortest schedule by which the user will provide such
additional pretreatment. The completion date in this schedule shall
not be later than the compliance date established for the applicable
pretreatment standard;
[12]Â
Make, model, year, capacity and
vehicle registration number of all vehicles to be used for transportation
and discharge at the treatment plant;
[13]Â
Number and type of employees,
and hours of operation of plant and proposed or actual hours of operation
of pretreatment system; and,
[14]Â
Any other information as may be
deemed by the Authority to be necessary to evaluate the permit application.
(b)Â
The Township or the Authority shall also have,
at its discretion, the right to inspect the premises, equipment and
material, and laboratory testing facilities of the applicant. The
completed application shall be signed by the user's responsible individuals.
The Authority will evaluate the data furnished by the user for completeness
and may require additional information. After evaluation and acceptance
of the data furnished as a complete application, the Authority may,
for cause shown, either refuse to issue or may issue a permit or license
subject to terms and conditions provided herein.
(c)Â
If the application for a permit or license is
denied by the Authority, or if the discharge indicated from the application
is not in accordance with the requirements of this article, the user
may have the Authority review the denial, provided the user shall
give written notice of his request within 30 days after receiving
the denial. The Authority shall review the permit application, the
written denial, and such other evidence and matters as the applicant
shall present at a public hearing following receipt of request for
its review, and the decision of the Authority rendered publicly shall
be final.
(4)Â
Terms and conditions of permits and licenses. Permits
and licenses may include any of the following terms and conditions,
including but not limited to:
[Amended 1-25-2010 by Ord. No. 1-2010]
(a)Â
Maximum discharge flow rate;
(b)Â
Term of permit;
(c)Â
Definitions;
(d)Â
General limitations;
(e)Â
Specific limitations;
(f)Â
Special conditions;
(g)Â
Self-monitoring requirements (including sampling, reporting, notification
and recordkeeping);
(h)Â
Reopener clause;
(i)Â
Compliance schedules (if required);
(j)Â
Statements of applicable civil and criminal penalties;
(k)Â
Statement of nontransferability; or
(l)Â
Best management practices.
(5)Â
Industrial waste discharge permit and commercial discharge
permit. Industrial waste discharge permits and commercial discharge
permits shall be issued for a specified time period, not to exceed
five years. The user shall apply for permit reissuance a minimum of
90 days prior to the expiration of the user's existing permit accompanied
by a nonreturnable processing fee to be set from time to time by ordinance
of the Authority. The terms and conditions of the permit may be subject
to modification by the Authority during the term of the permit to
accommodate changing conditions and as local, state and federal laws,
rules and regulations are modified or amended, or other just cause
exists. The user shall be informed of any proposed changes in his
permit at least 60 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable
time schedule for compliance, including a comment period which shall
be the first 30 days of the sixty-day period prior to the effective
date of change.
(6)Â
Waste permit and waste hauler license duration. Waste
permits and waste hauler licenses shall be issued for a specified
time period, not to exceed one year. Each significant waste generator
or waste hauler shall apply for a waste permit or waste hauler license
reissuance a minimum of 30 days prior to the expiration of the existing
permit or license accompanied by a nonreturnable processing fee to
be set from time to time by ordinance of the Authority. The terms
and conditions of the waste permit or waste hauler license shall be
subject to modification by the Authority during the term of the permit
or license to accommodate changing conditions and as local, state
and federal laws, rules and regulations are modified or amended, or
other just cause exists.
(7)Â
Permit and license transfer. Permits and licenses
are issued to a specific operation. No permit or license shall be
assigned or transferred or sold to a new owner, new user, different
premises, or a new or changed operation without the prior approval
of the Authority upon written application therefore accompanied by
a nonreturnable processing fee to be set from time to time by ordinance
of the Authority. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit or license.
(8)Â
Revocation of permits and licenses. All permits and licenses are subject to revocation according to the provisions outlined in § 105-34C of this article.
(9)Â
In the event that any discharge of material to a sewer
shall materially and substantially differ in type or volume from that
shown in the application or permit, the person and user shall immediately
cease and desist from such discharge.
(10)Â
The Township or Authority may suspend any permit,
license, and/or waste treatment service when such suspension is necessary,
in the judgment of the Township or Authority, in order to stop a discharge
which presents a hazard to the public health, safety, or welfare,
to the environment or operations at the Authority's treatment plant
or upon a finding that the discharger has violated any provisions
of this article. Any discharger notified of such a suspension shall
immediately stop the discharge of all wastes into the system. The
Township or Authority may reinstate the permit or license upon proof
of satisfactory compliance with all discharge requirements of this
article and all other requirements of the Township or Authority.
(11)Â
In the event of a failure of a person to comply
voluntarily with the suspension order, the Township or Authority may
take such steps as deemed necessary including immediate severance
of the sewer connection, to prevent or minimize damage to the system
or endangerment to any individuals. The Township or Authority may
reinstate the permit, license and/or the waste treatment service upon
proof of the elimination of the noncomplying discharge. A detailed
written statement submitted by the user describing the causes of the
harmful contribution and the measures taken to prevent any future
occurrence shall be submitted to the Township or Authority within
15 days of the date of the occurrence.
C.Â
Permit/license revocation; causes. An industrial waste
discharge permit or a hauler license or a waste permit or a commercial
discharge permit may be revoked by the Township or Authority for,
including, but not limited to, the following causes.
(1)Â
Failure of a permittee or licensee to accurately report
his wastewater characteristics;
(2)Â
Failure of a permittee to report significant changes
in operations which affect wastewater characteristics;
(3)Â
Refusal of access to the permittee's premises or licensee's
vehicle for the purpose of inspection or monitoring;
(4)Â
Any violation of any condition of any permit or license
or this article;
(5)Â
Falsification of self-monitoring reports;
(6)Â
Application falsification;
(7)Â
Tampering with monitoring equipment; or,
(8)Â
Failure to meet the compliance schedule.
D.Â
Compliance schedules.
(1)Â
Compliance schedules required. If additional pretreatment
and/or operation and maintenance procedures are required for a permittee
to meet all applicable regulations contained herein, the shortest
schedule by which the permittee can provide such additional pretreatment
and/or operation and maintenance procedures may be issued by the Authority
or submitted by the permittee to the Authority for review and approval.
The completion date for this schedule shall not be later than the
compliance date established for applicable pretreatment standards.
The Authority shall have the right to deny or to require the modification
of proposed compliance schedules.
(2)Â
Compliance schedule increments of progress. The schedule
shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the permittee
to meet the applicable pretreatment standards (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing construction,
etc.).
(3)Â
Time limits for increments of progress. No increment
of progress shall exceed nine months.
(4)Â
Compliance schedule compliance reports. Not later
than 14 days following each date in the schedule and the final date
for compliance, the user shall submit a progress report to the Authority
including, as a minimum, whether or not it complied with the increment
of progress to be met on such date and, if not, the date on which
the user expects to comply with this increment of progress, the reason
for delay, and the steps being taken by the permittee to return to
the schedule established. In no event shall more than nine months
elapse between such progress reports to the Authority. Failure to
meet required milestone dates shall constitute a violation of this
article.
E.Â
Record maintenance.
(1)Â
Record retention requirements. All users shall maintain
and retain records, including but not limited to documentation associated
with best management practices, relating to wastewater discharged
for a period of not less than three years and shall afford the Authority
access thereto at all reasonable times. This period of retention shall
be extended during the course of any unresolved litigation. Such records
shall include, for all samples:
[Amended 1-25-2010 by Ord. No. 1-2010]
(2)Â
Availability of records. All records maintained by
users relating to compliance with pretreatment standards shall be
made available to officials of the EPA, DEP, Township, and Authority
for inspection and copying upon request.
F.Â
Industrial agreements required. As a condition precedent
to the issuance of an industrial waste discharge permit, the Authority
shall require industrial users to enter into agreements with the Authority
containing such provisions as the Authority deems appropriate in furtherance
of its effort to comply with regulations promulgated by the EPA in
40 CFR Part 403. Industrial users shall comply with federal, state
and local statutes, ordinance rules and regulations, and with the
provisions of such agreements; and in the event of conflict between
provisions, shall comply with whichever provision on a particular
matter is most stringent or more strict.
G.Â
Pretreatment and handling of industrial wastes.
(1)Â
General. Users shall provide necessary pretreatment as required to comply with this article and shall achieve compliance with all national categorical pretreatment standards within time limitations as specified in 40 CFR Part 403 and amendments thereto. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review, and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures and approval of such plans as required by § 105-34G(3) of this article shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.
(2)Â
Purposes and pretreatment. The Authority may require
the owner of an improved property to construct, operate and maintain
at his expense a pretreatment facility when, in the opinion of the
Authority, such facility is necessary to reduce quantities and/or
concentrations of pollutants or flows to:
(a)Â
Decrease the concentration levels of pollutants in the wastewater discharge to comply with the maximum limits specified in § 105-32 of this article;
(b)Â
Prevent excessive quantities of flow; or
(c)Â
Prevent discharges (flow or concentration) of
pollutants from the user which may cause interference or pass through
at the Authority's treatment plant.
(3)Â
Review and approval of pretreatment facilities. If
required by the Authority, no pretreatment plant and facilities shall
be constructed or operated unless all plans, specifications, technical
operating data, and other information pertinent to its proposed operation
and maintenance are reviewed by the Authority and found by the Authority
to conform to all Authority regulations; and unless written approval
of the plans, specifications, technical operating data and biosolids
disposal methods has been obtained by the Authority from the EPA,
the Commonwealth of Pennsylvania, and any other local, state or federal
agency having regulatory authority with respect thereto, providing
such approval is required by those agencies.
(4)Â
Pretreatment facility maintenance requirement. All
such pretreatment facilities as required by this article shall be
maintained continuously in satisfactory and effective operating conditions
by the user or person operating and maintaining the facility served
thereby, and at the user's expense. The Township and the Authority
shall have access to such facilities at all reasonable times for purposes
of inspection and testing.
(5)Â
Rejection of waste if not adequately pretreated. The
Township and Authority reserve the right to reject admission to the
system of any waste harmful to the public sanitary sewage system or
to the receiving stream, to compel discontinuance of use of the public
sanitary sewage system or to compel pretreatment of industrial wastes
in order to prevent discharges deemed harmful to or having a deleterious
effect upon any portion of the public sanitary sewage system or receiving
stream.
H.Â
Sampling procedures and reporting criteria for industrial
users, waste haulers and waste generators.
(1)Â
Self-monitoring reports.
[Amended 1-25-2010 by Ord. No. 1-2010]
(a)Â
All significant industrial users shall submit, at least twice annually,
to the Authority a self-monitoring report, on a form approved by the
Authority, indicating the nature and concentration of pollutants in
the waste discharged to the Authority treatment plant which are of
particular concern to the Authority and which are limited by this
article. The waste characteristics to be measured and reported shall
be determined by the Authority and specified in the industrial waste
discharge permit or waste permit. All wastewater samples must be representative
of the user's discharge. In cases where this article requires compliance
with a best management practice or pollution prevention alternative,
the user shall submit documentation as required by the Authority to
determine compliance of the user. If an industrial user monitors any
pollutant more frequently than required by the Authority, using the
procedures prescribed in 40 CFR Part 403.12(g)(4), the results of
this monitoring shall be included in the report. In addition, this
report shall include flow information for the reporting period and
shall be signed by the user's responsible individuals. This report
shall be received by the Authority no later than the 30th day of the
month following the quarter for which the report is required.
(b)Â
All categorical industrial users and categorical waste generators
shall submit at least twice annually, to the Authority a self-monitoring
report, on a form approved by the Authority, indicating the nature
and concentration of pollutants in the waste discharged to the Authority
treatment plant which are of particular concern to the Authority and
which are limited by this article. The waste characteristics to be
measured and reported shall be determined by the Authority and specified
in the industrial waste discharge permit or waste permit. All wastewater
samples must be representative of the user's discharge and, for all
parameters required to be analyzed utilizing a grab sample, a minimum
of one grab sample must be collected and analyzed for each parameter.
In cases where this article requires compliance with a best management
practice or pollution prevention alternative, the user shall submit
documentation as required by the Authority to determine compliance
of the user. If a categorical industrial user or categorical waste
generator monitors any pollutant more frequently than required by
the Authority, using the procedures prescribed in 40 CFR Part 403.12(g)(4),
the results of this monitoring shall be included in the report. In
addition, this report shall include flow information for the reporting
period and shall be signed by the user's responsible individuals.
This report shall be received by the Authority no later than the 30th
day of the month following the period for which the report is required.
(c)Â
All significant waste generators shall submit, at least annually,
to the Authority a self-monitoring report, on a form approved by the
Authority, indicating the nature and concentration of pollutants in
the waste discharged to the Authority treatment plant which are of
particular concern to the Authority and which are limited by this
article. The waste characteristics to be measured and reported shall
be determined by the Authority and specified in the industrial waste
discharge permit or waste permit. All wastewater samples must be representative
of the user's discharge and, for all parameters required to be analyzed
utilizing a grab sample, a minimum of one grab sample must be collected
and analyzed for each parameter. In cases where this article requires
compliance with a best management practice or pollution prevention
alternative, the user shall submit documentation as required by the
Authority to determine compliance of the User. If a significant waste
generator monitors any pollutant more frequently than required by
the Authority, using the procedures prescribed in 40 CFR Part 403.12(g)(4),
the results of this monitoring shall be included in the report. In
addition, this report shall include flow information for the reporting
period and shall be signed by the user's responsible individuals.
This report shall be received by the Authority no later than the 30th
day of the month following the period for which the report is required.
(2)Â
Responsible individuals. All significant industrial
users, significant waste generators, licensed waste haulers and industrial
users issued commercial discharge permits shall designate responsible
individuals as described by this article.
(3)Â
Signatory requirements. All reports submitted pursuant
to requirements outlined in this article, including but not limited
to the Baseline Monitoring Report, the self-monitoring report and
the report on compliance with national categorical pretreatment standards
or ninety-day compliance report, shall be signed by the user's responsible
individuals.
(4)Â
Certification requirements. All reports referenced in § 105-34H of this article, as well as industrial waste discharge permit applications, waste permit applications and waste hauler license applications submitted pursuant to § 105-34A of this article, shall include the following 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 quality 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.
|
(5)Â
Monitoring manholes. Whenever required by the Township
or the Authority, the owner of any property served by a building sewer
carrying wastewater and material shall install a large manhole or
sampling chamber, flow-metering chamber, flow-monitoring equipment,
pH-monitoring equipment and other appurtenances in the building sewer
to facilitate the observation, sampling and measurement of the combined
flow of wastes from the user's premises into the public sanitary sewage
system. These monitoring facilities shall be constructed in accordance
with plans and specifications approved by the Township or the Authority
and installed and maintained at all times at the user's expense. There
shall be ample room in each sampling chamber to accurately sample
and composite samples for analysis. The chamber shall be safely and
easily and independently (of other premises and buildings of users)
accessible to authorized representatives of the Township and Authority
at all times. When construction of a sampling chamber and monitoring
facilities are not economically or otherwise feasible in the opinion
of the Authority, alternative arrangements for sampling and monitoring
may be made at the discretion of the Authority.
(6)Â
Flow monitoring and recording. Each flow measuring
chamber shall contain a Parshall flume, weir or similar device with
a recording and totalizing register for measuring liquid quantity,
or the metered water supply to the industrial plant may be used as
a measure of liquid quantity where it is substantiated by the Authority
that the metered water supply and waste quantities are approximately
equal or where a measurable adjustment agreed to by the Authority
is made in the metered water supply to determine the liquid waste
quantity.
(7)Â
Sampling by authority. Samples shall be taken as deemed appropriate by the Authority. All significant industrial users shall be sampled by the Authority at least once per year. Such sampling shall be done as prescribed by the Authority to insure that the compliance of the user is determined with a reasonable degree of certainty for the entire reporting period. Samples shall be taken at the manhole or metering chamber referred to in § 105-34H(5) of this article, or in the absence of such manhole or metering chamber, at such place as the Authority shall determine will provide a representative sample of the discharge and shall represent the entire flows from the significant industrial user.
(8)Â
Inspection and verification of sampling and testing.
The sampling frequency, sampling device, sampling methods, and analyses
of samples shall be subject, at any time, to inspection and verification
by the Township or the Authority.
(9)Â
Sampling and testing methods. All sampling measurements,
tests and analyses of the characteristics of waters and wastes shall
be determined in accordance with procedures contained in 40 CFR Part
136, and amendments hereto or any other method approved by the EPA.
(10)Â
Confidentiality of information.
(a)Â
The Township or Authority shall consider all
information in their possession regarding an industrial user's or
waste generator's effluent characteristics as being nonconfidential
and may make all such information available to the public without
restriction, unless the user specifically requests and is able to
demonstrate to the satisfaction of the Township or Authority that
the release of such information in their possession would divulge
information of processes or methods of production entitled to protection
as trade secrets of the user.
(b)Â
Upon written request, at the time of submission
of the data by the industrial user or waste generator furnishing a
report, permit application or answering a questionnaire, those portions
of any document which might disclose trade secrets or secret processes
shall not be disclosed to any person other than to duly authorized
representatives of EPA or DEP. Any effluent data of a user's waste
will not be recognized as confidential information or as a trade secret.
(11)Â
Sampling and testing costs. When the Authority
conducts its own sampling and/or analyses of wastes discharged by
any user, the Authority may make or have made any such tests, and
the user shall reimburse the Authority for the full cost thereof.
Such costs shall be established by resolution annually.
(12)Â
Ninety-day compliance reports.
(a)Â
Within 90 days following the date for final
compliance with applicable national categorical pretreatment standards
or, in the case of a new source, following commencement of the introduction
of wastewater into the treatment plant, any industrial user or waste
generator subject to national categorical pretreatment standards and
requirements shall submit to the Authority a report containing the
information listed in 40 CFR Part 403.12(b)(4) through (6) indicating
the nature and concentration for all pollutants in the discharge from
the regulated process which are limited by the national categorical
pretreatment standards and the average and maximum daily flow for
these process units in the user facility which are limited by such
pretreatment standards. industrial users or waste generators subject
to equivalent mass or concentration limits established in accordance
with 40 CFR Part 403.6(c), must include in the report a reasonable
measure of the user's long term production rate. For all other industrial
users subject to categorical pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production (or other
measure of operation), this report shall include the user's actual
production during the appropriate sampling period.
(b)Â
The report shall indicate the compliance status
of the user with the applicable pretreatment standards as listed in
40 CFR 403.12(b) and (d), whether the applicable pretreatment standards
are being met on a consistent basis and, if not, what additional operation
and maintenance and/or pretreatment is necessary to bring the user
into compliance with all applicable pretreatment standards. This statement
shall be signed by the user's responsible individuals.
(13)Â
Baseline monitoring reports. All industrial
users and waste generators subject to national categorical pretreatment
standards shall submit to the Authority, within 180 days after the
effective date of a categorical standard or the final administrative
decision on a category determination under 40 CFR 403.6 (a) (4), whichever
is later, a report (baseline monitoring report) which indicates the
compliance status of the user with the applicable national categorical
pretreatment standards as listed in 40 CFR 403.12(b).
(14)Â
New or increased contributions. All industrial
users, waste haulers or waste generators shall promptly notify the
Authority prior to any changes in the volume or character of their
waste discharge or in the operation of their pretreatment processes
that may result in interference or pass-through at the treatment plant
or affect the potential for a slug discharge to the treatment plant.
The Authority reserves the right to deny the admission of or to require
the pretreatment of all discharges to the public sanitary sewage system.
[Amended 1-25-2010 by Ord. No. 1-2010]
(15)Â
Mass limitations. The Authority may impose mass limitations on users which, in the opinion of the Authority are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection H(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Authority, of pollutants contained herein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in accordance with procedures established by EPA pursuant to Section 304(g) of the CWA and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by EPA.
(16)Â
Notice of violation/resampling requirement.
If sampling performed by an industrial user or significant waste generator
indicates a violation, the industrial user or significant waste generator
shall notify the Authority within 24 hours of becoming aware of the
violation. The industrial user or significant waste generator shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Authority within 30 days after becoming aware
of the violation pursuant to 40 CFR Part 403.12(g). Where the Authority
has performed the sampling and analysis in lieu of the industrial
user or significant waste generator, the Authority must perform the
repeat sampling and analysis within 30 days unless it notifies the
industrial user or significant waste generator of the violation and
requires the industrial user or significant waste generator to perform
the repeat analysis.
[Amended 1-25-2010 by Ord. No. 1-2010]
I.Â
Annual fee. All permitted industrial users shall be
subject to an annual fee to defray the cost of administration of this
article. The annual fee shall be set from time to time by resolution
of the Authority.
J.Â
Administrative fee. All connected and nonconnected
users utilizing the services of the Authority under this article shall
be subject to an administrative fee to defray the cost of processing
invoices, bills and other charges and fees for such services. The
administrative fee shall be set from time to time by resolution of
the Authority.
A.Â
Enforcement response plan. Enforcement actions taken
by the Authority shall be consistent with an enforcement response
plan maintained at the wastewater treatment plant offices.
B.Â
Inspection rights.
(1)Â
General. Any duly authorized employee or agent of
the Authority, bearing credentials which so identify him or her shall
be permitted at any reasonable time to enter upon all properties served
by the treatment plant or all properties generating trucked industrial
wastes that are permitted for discharge to the treatment plant by
the Authority, or licensed vehicles transporting waste for the purpose
of discharge at the treatment plant, for the purpose of inspecting,
observing, measuring, sampling and testing, as may be required in
pursuance of the implementation and enforcement of the terms and provisions
of this article. Any records of monitoring activities or results maintained
by any user shall be made available for inspection and copying by
the Township and/or Authority and/or the DEP and/or the EPA. Users
may be required by the Authority to install monitoring equipment,
as per 40 CFR 403.8(f)(1)(v).
[Amended 1-25-2010 by Ord. No. 1-2010]
(2)Â
All significant industrial users and all significant
waste generators shall be inspected by the Authority at least once
per year.
C.Â
Injunctive relief.
(1)Â
General. The Township and/or Authority reserve the
right to seek injunctive relief for noncompliance by any industrial
user or waste generator with any pretreatment standard or pretreatment
requirement, or for noncompliance by any person with any provision
of this article.
(2)Â
The Authority, through counsel, may petition the court
for the issuance of a preliminary or permanent injunction (or both,
as may be appropriate), which restrains or compels the activities
on the part of the industrial user, waste generator, or person, including
a prayer for payment of costs and attorney's fees as may be authorized
by law. In addition, the Township and/or Authority shall have such
remedies to collect all fees incurred by the Township and/or Authority
as a result of this petition as it has to collect other sewer service
charges.
D.Â
Show-cause hearing.
(1)Â
General. The Township and/or Authority may order any
industrial user which causes or contributes to a violation of this
article or industrial waste discharge permit or order issued hereunder,
to show cause why a proposed enforcement action should not be taken.
Notice shall be served on the industrial user specifying the time
and place for the meeting, the proposed enforcement action and the
reasons for such action, and a request that the user show cause why
this proposed enforcement action should not be taken.
(2)Â
The notice of the meeting shall be served personally
or by registered or certified mail to any principal executive, general
partner, corporate officer or owner of the industrial user at least
10 days prior to the hearing. Whether or not a duly notified industrial
user appears as noticed, immediate enforcement action may be pursued.
E.Â
Emergency response.
(1)Â
General; suspension of permit or license.
(a)Â
The Township and/or Authority may suspend the
waste treatment service and/or industrial waste discharge permit,
waste permit, waste hauler license, or commercial discharge permit
whenever such suspension is necessary in order to stop an actual or
threatened discharge presenting or causing an imminent or substantial
endangerment to the health or welfare of persons, the public sanitary
sewage system or the environment.
(b)Â
Any user notified of a suspension of the waste treatment service and/or industrial waste discharge permit, waste permit, waste hauler license or commercial discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Township and/or Authority shall take such steps as deemed necessary, including the immediate severance of the sewer connection, to prevent or minimize damage to the treatment plant, its receiving stream, or endangerment to any individuals. The Township and/or Authority may allow the user to recommence its discharge when the endangerment has passed, unless the permit revocation proceedings set forth in § 105-34B(8) of this article are initiated against the user.
(2)Â
Report requirements. Any industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Township and/or Authority prior to the date of a show cause hearing as described in § 105-35D of this article.
F.Â
Administrative fine.
(1)Â
General. Notwithstanding any other section of this
article, any user, industrial user or waste generator or waste hauler
who is found to have violated any provision of this article, or commercial
discharge permit or industrial waste discharge permit, or waste permit
or hauler license or order issued hereunder, shall be fined in an
amount up to $1,000 per violation. Each day on which noncompliance
shall occur or continue shall be deemed a separate and distinct violation.
All fine money shall be made payable to the Authority. The Authority
shall have such other collection remedies as it has to collect other
service charges. Unpaid charges, fines and penalties shall constitute
a lien against the individual user's property.
(2)Â
Appeals. Users who desire to dispute such fines must
file a request before the Authority to reconsider the fine within
10 working days of being notified of the fine.
G.Â
Civil penalties.
(1)Â
General. Any person who violates any substantive or procedural provision of § 105-32 hereof or any term or condition of any industrial waste discharge permit, commercial discharge permit or waste permit shall be subject to a civil penalty not to exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct violation. Notwithstanding the foregoing, a single operational upset which gives rise to simultaneous violations shall be treated as a single violation.
(2)Â
Appeals. Users who desire to dispute such fines must
file a request before the Authority to reconsider the fine within
10 working days of being notified of the fine.
H.Â
Criminal penalties.
(1)Â
General. Any person who willfully or negligently violates
any provision of this article or who violates any condition of an
industrial waste discharge permit, a waste permit, a hauler license,
a commercial discharge permit or an order issued pursuant to this
article and incorporating ordinance, is guilty of a summary offense,
and, following institution of a summary proceeding by the municipality
and, upon conviction, such person shall be subject to a fine of not
less than $100 nor more than $1,000 for each separate offense, and,
in default of the payment of such a fine, a person shall be imprisoned
for a period of 30 days.
(2)Â
Partnership, corporations and associations. If such
person violating the provisions of this article shall be a partnership,
then the members thereof, or if such person be a corporation or association,
then the officers, members, agents, servants, or employees thereof
shall, in default of payment of any fine levied under this section,
be imprisoned in the county prison.
(3)Â
Continuing violations. Each day of continued violation
of any provision of this article shall constitute a separate offense.
(4)Â
Transfer of fine money. All fine money assessed through
suit or summary proceedings before any District Justice, pursuant
to this section, shall be transferred to the municipality instituting
the summary proceeding for the use and benefit of the Valley Forge
Sewer Authority.
I.Â
Notice of violation; general. Whenever the Township and/or Authority determines that any industrial user or waste generator or waste hauler has violated any provisions of any permit or license issued under any section of this article, or a compliance schedule issued under § 105-34D of this article, the Township and/or Authority or their duly authorized representative shall serve upon said user a written notice of violation. Within 10 working days of the receipt of this notice, a written response to this notice, including an explanation of the cause of the violation and a plan for the correction and prevention thereof, shall be submitted to the Township and/or Authority by the user. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
J.Â
Public notice of significant noncompliance. The Authority
shall at least annually publish in the largest daily newspaper published
in the area encompassed by the Authority, a list of the users which
were significantly violating applicable pretreatment standards or
requirements or other provisions of this article, or who were determined
to be in significant noncompliance, during the 12 previous months.
Significant noncompliance shall be determined according to the standards
as defined in 40 CFR Part 403.8(f)(2)(vii).
If any provision, paragraph, word, section,
or article of this ordinance is invalidated by any court of competent
jurisdiction, the remaining provision, paragraphs, words, sections
and chapters shall not be affected and shall continue in full force
and effect. It is hereby declared as the intent of the Board of Supervisors
that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
All other ordinances and parts of other ordinances
inconsistent or conflicting with any part of this article are hereby
repealed to the extent of such inconsistency or conflict.