[Added 12-27-1995 by Ord. No. 1073]
Unless the context specifically indicates otherwise,
the meanings of the terms used in this article shall be as follows:
Includes:
A President, Secretary, Treasurer or Vice President
in charge of a principal business function, or any other person who
performs similar policy- or decisionmaking functions, if the industrial
user is a corporation;
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 the industrial user is a corporation and 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 is a partnership or sole proprietorship, respectively;
A principal executive officer or director having
responsibility for the overall operation of the discharging facility
or a ranking elected official if the industrial user is a governmental
entity, charitable organization or other such unincorporated entity;
or
A representative authorized in writing by an individual identified in Subsection A(1) through (4) above, if the authorization is submitted to the Borough of Milton and specifies 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, a position of equivalent responsibility or an individual having overall responsibility for the environmental matters for the company.
If an authorization under Subsection A(5) is no longer accurate because a different individual or position has the 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 A(5) of this section must be submitted to the Borough of Milton prior to or together with any reports to be signed by such person.
The discharge from the boiler of water containing concentrated
dissolved and suspended feedwater solids.
The quantity of oxygen, expressed in milligrams per liter,
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure for five days at 20° C.
The Borough of Milton.
An industrial user which is subject to a National Categorical Pretreatment Standard containing specific numerical pollutant discharge limits (or a "no discharge" standard) promulgated by the Environmental Protection Agency (EPA) in accordance with Section 307(b) and (c) of the Clean Water Act which apply to a specific category of industrial users and which appear in 40 CFR Chapter 1, Subchapter N, Part 405 et seq.
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-proportioned composite
sample) or be of equal size and taken at equal time intervals (time-proportioned
composite sample).
The group of elected officials acting as the governing body
of the Borough.
The discharge of a pollutant measured during a calendar day
or any twenty-four-hour period approved by the Borough of Milton that
reasonably represents the calendar day for purposes of sampling. For
pollutants with limitations expressed in units of mass, the "daily
maximum" is calculated as the total mass of the pollutant discharged
over the day. For pollutants with limitations expressed in other units
of measurement, the "daily maximum" is the highest value allowed in
any twenty-four-hour composite sample or the maximum value calculated
as the average measurement of one or more grab samples or other samples
representing less than a twenty-four-hour period (e.g., eight-hour
composite samples) taken during the day.
The introduction of pollutants into the Milton POTW from
any domestic or nondomestic source, including the introduction of
pollutants into the sewer system of the POTW as well as the delivery
of waste waters and other pollutants by truck or any other conveyance.
Waste and wastewater from humans or typical household activities,
including kitchens, water closets, lavatories and laundries, or any
waste from a similar source and possessing essentially the same characteristics.
Any solid waste from the domestic and/or commercial preparation,
cooking and dispensing of food and from the handling, storage or sale
of produce or other food material.
A sample which is taken from a waste stream with no regard
to the flow in the waste stream and within a period of 15 minutes
or less.
Any individual, firm, company, association, society, corporation,
group or governmental entity (including a local, state or federal
governmental entity), but excluding residential properties, that discharges
pollutants and/or wastewater to the Milton sewer system or otherwise
arranges for its wastewater to be treated, stored or disposed at the
Milton POTW. "Industrial user" includes a public water system, as
defined in 40 CFR 141.2, and any other supplier of piped water for
human consumption or industrial purposes which, after such use, the
water is discharged to the Milton sewer system.
Any solid, liquid or gaseous substance or form of energy
rejected or escaping from any industrial, manufacturing, trade or
business process or from the development, recovery or processing of
natural resources, as distinct from sanitary sewage.
The liquid and water-carrying industrial and domestic waste
from dwellings, commercial buildings, industrial facilities and institutions
together with whatever may be present, whether treated or pretreated
at the point it enters the POTW Treatment Plant.
A discharge which is a cause of, either alone or in conjunction
with the other discharge(s), inhibition or disruption of the publicly
owned treatment works (POTW), its treatment processes or operations
or its sludge processes, use or disposal and therefore is a cause
of a violation or any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation) or to the
prevention of sewage use or disposal by the POTW in accordance with
statutory provisions, regulations or permits issued under Section
405 of the Clean Water Act, as amended, the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substances Control Act or more stringent
state or local regulations.
Milligrams per liter.
The Borough of Milton and the Milton Municipal Authority,
unless otherwise specified.
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency in accordance
with Section 307(b) and (c) of the Federal Water Pollution Control
Act, which applies to a specific category of industrial users.
A permit issued pursuant to Section 402 of the Clean Water
Act.
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency under Section
307(b) and (c) of the Clean Water Act applicable to industrial users,
including the general and specific prohibitions found in 40 CFR 403.5.
A facility from which there is, or may be, a discharge of
pollutants, construction which began after the publication of the
proposed National Categorical Pretreatment Standards pursuant to Section
307(c) of the Clean Water Act which would be applicable to the industrial
user discharge as provided in 40 CFR § 403.3(k).
Operation and maintenance.
A discharge which exits the POTW in quantities or concentrations
which, alone or with discharge(s) from other source(s), causes a violation
of the POTW's NPDES permit (including an increase in the magnitude
or duration of a violation).
Any individual, firm, company, association, society, corporation,
group or governmental entity (including a local, state or federal
governmental entity).
The logarithm of the reciprocal of the hydrogen ion concentration
expressed in moles per liter.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, septage, holding tank waste, munitions, chemical
wastes, biological material, radioactive material, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal
and agricultural waste and runoff.
That portion of the POTW designated to provide treatment
to wastewater.
Any substantive or procedural pretreatment requirement, other
than a National Pretreatment Standard, applicable to industrial users.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in the public sewers, with no particle greater than 1/2
inch in dimension.
A treatment works, as defined by Section 212 of the Clean
Water Act, which is owned, leased and/or operated by the Borough of
Milton. This definition includes any devices and systems used in the
storage, treatment, recycling and reclamation of municipal sewage
or industrial wastes of a liquid nature. It also includes sewers,
pipes, pumping stations and other conveyances only if they convey
wastewater to a POTW treatment plant.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions, commercial and industrial
establishments.
A pipe or conduit designed and constructed primarily for
carrying sanitary sewage or industrial wastes, not stormwater.
The liquid and solid material pumped from a septic tank or
cesspool when it is cleaned.
All facilities for collecting, treating and disposing of
sewage.
Any categorical industrial user (CIU) and any other industrial user (IU) which, except as provided by Subsection B:
Discharges an average of 25,000 gallons or more
of process wastewater per day to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater); or
Contributes a process wastewater which makes
up 5% or more of the dry weather average hydraulic or organic capacity
of the POTW; or
Is designated as such by the Milton Municipal
Authority or the Borough of Milton on the basis that is has a reasonable
potential to adversely affect the POTW's operation or to violate pretreatment
standards or requirements.
An industrial user may be excluded from significant
industrial user classification if the industrial user is:
Industrial user violations which are identified by the Borough
of Milton as meeting one or more of the specific criteria listed in
40 CFR 403.8(f)(2)(vii).
Any discharge which would cause interference, pass-through
or otherwise violate the specific prohibitions set forth in 40 CFR
403.5(b).
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtration.
That material, expressed in mg/l, which remains in a standard
laboratory vessel after evaporation of a sample of waste and its subsequent
drying in an oven at a temperature of 103° C.
Micrograms per liter.
An exceptional incident in which there is unintentional and
temporary noncompliance with National Categorical Pretreatment Standards
because of factors beyond the reasonable control of the industrial
user. An "upset" does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance or careless
or improper operation.
Any person who contributes, causes or permits the discharge
of wastewater, including industrial wastes and sanitary sewage, into
the sewer system.
The liquid and water-carried industrial wastes and sanitary
sewage from residential dwellings, commercial buildings, industrial
and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
A.
Treatment of industrial wastes. The economy and desirability
of the combined treatment of industrial wastes and sanitary sewage
is recognized. However, not all types or quantities of industrial
wastes can be so treated. Hence, it shall be the established policy
of the Borough of Milton to admit those types and quantities of industrial
wastes that are not harmful or damaging to the structures, processes
or operation of the POTW or are not specifically prohibited by this
article. It is also recognized that to provide this service additional
facilities may be required; if so, the cost of which must be borne
by those persons receiving its benefits.
B.
Approval required for industrial wastes. In order
to control the admission of industrial wastes, the discharge into
the public sewers of any waters or wastes which are sampled either
instantaneously or with a twenty-four-hour composite sample, having
a five-day, twenty-degree-Celsius BOD greater than 350 mg/l; or a
total suspended solids content greater than 300 mg/l; or an average
daily flow greater than 1% of the average daily sewage flow at the
POTW Treatment Plant, or any toxic substances may be subject to the
review and approval of the Borough of Milton.
C.
Pretreatment.
(1)
Where required, in the opinion of the Borough of Milton,
the industrial user shall be subject to a surcharge or provide at
its expense such preliminary treatment and/or handling as may be necessary
to:
(a)
Reduce BOD to 350 mg/l and total suspended solids
to 300 mg/l, unless a more stringent standard is deemed necessary
to protect the Milton POTW or otherwise prevent interference and/or
pass-through;
(b)
Modify the objectionable characteristics of constituents to come within the maximum limits provided for in § 197-29C(9) and/or
(c)
Control the quantities and rates of discharge
of such waters or wastes as necessary to meet applicable pretreatment
requirements.
(2)
Plans, specifications and any other pertinent information
relating to proposed preliminary treatment or handling facilities
shall be submitted for the approval of the Borough of Milton, and
no construction of such facilities shall be commenced until approval
is obtained in writing. The Borough of Milton does not, by its approval
of any of the designs, plans, specifications, installation of the
equipment or of any other information or plans submitted by an industrial
user, warrant or aver in any manner that the industrial user's implementation
of such measures will result in compliance with the applicable pretreatment
requirements. Notwithstanding any approval of such plans by the Borough,
the user remains solely responsible for compliance with the applicable
pretreatment requirements and all other federal, state and local requirements.
All engineering, administrative and/or legal fees incurred by the
Borough's personnel, engineering, consulting, support and/or legal
staff for such items, which may include but are not limited to the
review of plans such as building, site, sewer, process, etc., shall
be paid for by the user.
D.
Additional pretreatment requirements. Whenever deemed
necessary, the Borough of Milton may require an industrial user to
restrict its discharge during peak flow periods; to discharge certain
industrial wastes only into specific sewers; to relocate and/or consolidate
points of discharge; to separate sanitary sewage from industrial wastes;
and to perform and maintain such other conditions as may be necessary
to protect the POTW and determine the industrial user's compliance
with the requirements.
E.
Proper operation and maintenance. The industrial user
shall at all times properly operate and maintain all pretreatment
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the industrial user to achieve and
monitor compliance with pretreatment requirements. This includes adequate
laboratory controls and appropriate quality assurance procedures,
the operation of backup or auxiliary facilities or similar systems
which are installed by the industrial user only when the operation
is necessary to achieve compliance. Except as provided by 40 CFR 403.17,
the intentional diversion of waste streams from any portion of the
industrial user's treatment facility is prohibited.
F.
Applicability to industrial users of the Borough of
Milton POTW's. The pretreatment requirements of this article and other
wastewater requirements are applicable to industrial users of the
Borough of Milton Wastewater Treatment Plant located along Route 405
S, West Chillisquaque Township, PA, NPDES Permit No. PA0020273. Subject
to the discretion of the Borough of Milton, the pretreatment requirements
of this article and other wastewater requirements may be applied,
in whole or in part, to any industrial user of the Borough of Milton
Wastewater Treatment Plant located along Housel's Run Road, Milton,
PA 17847, NPDES Permit No. PA0110647.
G.
Milton reservation of rights. Notwithstanding any other pretreatment provision to the contrary, nothing in this article shall be deemed a legally binding commitment under the Clean Water Act, 33 U.S.C. § 1251 et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq., and applicable regulations (e.g., 40 CFR Part 403, Title 25 Pa. Code) for Milton to undertake pretreatment implementation or enforcement activities beyond the minimum otherwise required by these laws and regulations. Borough implementation of pretreatment provisions for significant industrial users will be reflected in a wastewater discharge permit, special agreements and/or arrangements, as applicable, as provided for by §§ 197-31 and 197-42 of this article. Nevertheless, Milton maintains its discretionary authority to undertake pretreatment activities beyond the minimum required.
A.
No person shall discharge or cause to be discharged
any stormwater from pavements, areaways, roofs, foundation drains,
sumps or other sources into any sanitary sewer of the Borough of Milton.
Except as otherwise provided by the Borough of Milton, no person shall
discharge or cause to be discharged any surface water, groundwater,
cooling water (or other industrial or commercial process water to
which pollutants have not been added) into any sanitary sewer of Milton.
B.
Stormwater, surface drainage and industrial or commercial
process water to which pollutants have not been added may, subject
to the Borough of Milton's discretion, be admitted to only such sewers
as are specifically designated as combined sewers, storm sewers or
storm drains in accordance with applicable law. The discharge of industrial
process and cooling waters into storm sewers or storm drains without
approval by the Borough of Milton is prohibited.
C.
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described wastes or
waters to the Milton sewer system or POTW:
(1)
Any liquid or vapor having a temperature higher than
150° F. (66° C.) or which will cause the temperature at the
POTW Treatment Plant to exceed 104° F. (40° C.) or will inhibit
the treatment plant's biological activity.
(2)
Wastewater treatment plant.
(a)
For industrial users discharging into the Borough
of Milton Wastewater Treatment Plant located along Route 405 S, West
Chillisquaque Township, PA, NPDES Permit No. PA0020273; any water
or waste containing more than:
[1]
One hundred mg/l of the Freon-extractable nonpolar
fraction of oil and grease (e.g., petroleum oil, nonbiodegradable
cutting oil or products of mineral oil origin);
[2]
Two hundred fifty mg/l of the total of the Freon-extractable
polar fraction of oil and grease (e.g., animal or vegetable origin)
and the Freon-extractable nonpolar fraction of oil and grease; or
[3]
Oils and greases at such level that would cause
interference, pass-through or otherwise obstruct flow in the sewer
system.
(b)
For industrial users discharging into the Borough
of Milton Wastewater Treatment Plant located along Housel's Run Road,
Milton, PA 17847, NPDES Permit No. PA0110647:
[1]
Fifty mg/l of the Freon-extractable nonpolar
fraction of oil and grease (e.g., petroleum oil, nonbiodegradable
cutting oil, or products of mineral oil origin);
[2]
One hundred fifty mg/l of the total of the Freon-extractable
polar fraction of oil and grease (e.g., animal or vegetable origin)
and the Freon-extractable nonpolar fraction of oil and grease; or
[3]
Oils and greases at such level that would cause
interference, pass-through or otherwise obstruct flow in the sewer
system.
(3)
Any liquids, solids or gases which by reason of their
nature or quality may cause fire or explosion, or with a closed-cup
flashpoint of less than 140° F. or 60° C. (using the test
method specified in 40 CFR 261.21) or be in any other way injurious
to persons, to the POTW or to the operation of these works.
(4)
Any noxious or malodorous gas or substance, which
either singly 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.
(5)
Any garbage that does not conform to the definition
of properly shredded garbage.
(6)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, bones, feathers, tires, plastic, wood, paunch manure, butcher's
offal or any other solids or viscous substances capable of causing
obstruction to the flow in sewers or other interference with the proper
operation of the sewer system or the POTW.
(7)
Pollutants which will cause corrosive structural damage
to the POTW, or having corrosive property capable of causing damage
or hazards to equipment or personnel, but in no case discharges with
pH lower than six point zero (6.0) or higher than nine point zero
(9.0), unless the works is specifically designed to accommodate such
discharges and the Borough agrees that a discharge outside of the
six point zero to nine point zero (6.0 to 9.0) range is acceptable.
(8)
Any water or waste containing any substances in quantities
sufficient to interfere with the biochemical processes of the POTW
and/or that will pass-through the POTW treatment plant and exceed
the state or interstate requirements for the receiving stream.
(9)
Daily maximum limits.
(a)
For industrial users discharging into the Borough
of Milton Wastewater Treatment Plant located along Route 405 S, West
Chillisquaque Township, PA, NPDES Permit No. A0020273, any water or
waste containing concentrations of any of the following substances
higher than the daily maximum limits as shown:
|
Substance
|
Daily Maximum Limits
(mg/l)
|
|---|---|
|
Arsenic
|
0.17
|
|
Cadmium
|
1.74
|
|
Chromium
|
2.59
|
|
Copper
|
2.92
|
|
Cyanide
|
0.19
|
|
Lead
|
0.28
|
|
Mercury
|
0.17
|
|
Nickel
|
1.70
|
|
Phenols
|
98.13
|
|
Silver
|
0.46
|
|
Zinc
|
1.85
|
(b)
The Borough of Milton may develop new or additional
limits for user discharge into a Milton POTW by modifying this article
or on a case-by-case basis, as deemed necessary by the Borough to
prevent interference and/or pass-through, to protect worker health,
safety and otherwise deemed necessary by the Borough of Milton to
protect the POTW, the environment and to allow for future growth.
(10)
Any water or waste containing suspended solids
of such character and quantity that unusual attention or expense is
required to handle such materials at the POTW treatment plant except
as subject to such terms and conditions as the Borough of Milton deems
appropriate.
(11)
Any radioactive wastes or isotopes.
(12)
Any pollutants, including oxygen demanding pollutants
(such as BOD), released in a discharge at a flow rate or pollutant
concentration which will cause interference and/or pass through at
the POTW. In no case shall any water or waste be discharged in concentration
or in quantities of flow so as to constitute a slug.
(13)
Any substance which will cause the sewage treatment
plant to violate its NPDES permit or water quality standards.
D.
The National Categorical Pretreatment Standards for a particular industrial subcategory as found in 40 CFR Chapter 1, Subchapter N, Part 405 et seq., are hereby incorporated herein by reference. An industrial user shall comply with National Categorical Pretreatment Standards, as applicable, if such standards are more stringent than limitations otherwise imposed under this article, as amended.
E.
The aforesaid notwithstanding, state requirements
and limitations on discharges shall apply in any case where they are
more stringent than federal requirements and limitations or those
imposed under this article, as amended.
F.
Except where expressly authorized to do so by an applicable
pretreatment standard or requirement, no persons shall increase the
use of process water or in any way attempt to dilute a discharge as
a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in the National Categorical
Pretreatment Standards or in any other pollutant-specific limitation
developed by the Borough or state.
G.
Notwithstanding any other provision herein, an industrial
user shall have an affirmative defense in any action brought against
it alleging interference and/or pass through where the industrial
user demonstrates that:
(1)
It did not know or have reason to know that its discharge,
alone or in conjunction with a discharge or discharges from other
sources, would cause pass through and/or interference; and
(2)
A local limit under § 197-29C(9), designed to prevent pass through and/or interference, as the case may be, was developed by the Borough of Milton in accordance with 40 CFR 403.5(C) and approved by the EPA for each pollutant in the industrial user's discharge that caused pass through and/or interference, and the industrial user was in compliance with each such local limit directly prior to and during the pass through and/or interference; or
(3)
If a local limit under § 197-29C(9), designed to prevent pass through and/or interference, as the case may be, has not been developed in accordance with 40 CFR 403.5(C) and approved by EPA for the pollutant(s) that caused the pass through and/or interference, the industrial user's discharge directly prior to and during the pass through and/or interference did not change substantially in nature or constituents from the industrial user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.
No person shall discharge to the POTW any wastewater
except as authorized by the Borough of Milton in accordance with the
provisions of this article. In addition, the Borough of Milton, subject
to its discretion, may require any person that discharges wastewater
to any natural outlet or storm sewer within the Borough of Milton,
or in any area under the jurisdiction of said Borough, to obtain and
comply with the requirements of a permit applicable to such discharges.
The Borough of Milton may issue a permit to include such conditions
as it deems necessary to protect human health and the environment.
A.
Permits. All significant industrial users proposing
to connect to or to contribute to the POTW shall obtain a wastewater
discharge permit before connecting to or contributing to the POTW.
All existing unpermitted industrial users connected to or contributing
to the POTW which are redesignated as a significant industrial user
(SIU) shall apply for a wastewater discharge permit within 90 days
after EPA approves the SIU designation pursuant to 40 CFR 403.8(f)(6).
The Borough of Milton, at its discretion, may modify the time frame
for submission of permit application and may require any industrial
user to apply for and obtain a wastewater discharge permit, as the
Borough deems appropriate. Upon EPA's approval of this article provision
as a program modification pursuant to 40 CFR 403.18, the permitting
of certain industrial users will be established as an element of the
approved pretreatment program.
B.
Permit application.
(1)
Industrial users required to obtain a wastewater discharge
permit shall complete and file with the Borough of Milton an application
in the form prescribed by the Borough and accompanied by a fee of
$100. In support of the application, the industrial user shall submit,
in units and terms appropriate for evaluation, the following information:
(a)
Name, address and location (if different from
the address), telephone number, fax number, name of industrial contact
person and title, and name of authorized representative and title.
(b)
SIC number according to the Standard Industrial
Classification Manual, Office of Management and Budget, 1987, as amended.
(c)
Wastewater constituents and characteristics
including but not limited to those mentioned in any other section
of this article as determined by an analytical laboratory; except
as otherwise approved by the Borough of Milton, sampling and analysis
shall be performed in accordance with procedures established by the
EPA contained in 40 CFR Part 136, as amended.
(d)
Time and duration of wastewater discharge.
(e)
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, sampling locations,
discharge points, mechanical and plumbing plans and details to show
all sewers, sewer connections and appurtenances by the size, location
and elevation.
(g)
Descriptions of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(h)
The nature and concentration of any pollutants
in the discharge which are limited by any local, state or Federal
Pretreatment Standards; a statement as to whether the discharge is
subject to any National Categorical Pretreatment Standard and supporting
rationale regarding such determination; and a statement regarding
whether or not the pretreatment standards are being met on a consistent
basis and if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the industrial user
to meet applicable pretreatment standards.
(i)
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established by the applicable pretreatment standard. 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 industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.) and, for categorical industrial users, the information set forth in § 197-37A(8) and B shall be included.
(j)
Each product produced by type, amount, process
or processes and rate of production.
(k)
Type and amount of raw materials processed (average
and maximum per day).
(l)
Number and type of employees and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system.
(m)
Any other information as may be deemed by the
Borough of Milton to be necessary to evaluate the permit application.
(2)
The application shall be signed by an authorized representative
of the user or his/her designee.
(3)
The Borough of Milton will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the Borough may issue a wastewater
discharge permit subject to terms and conditions provided herein.
C.
Permits for categorical industrial users. Within 180 days of the effective date of a newly promulgated National Categorical Pretreatment Standard which is applicable to an industrial user discharge, an industrial user which has not previously submitted an application for a wastewater discharge permit shall apply for a wastewater discharge permit in accordance with Subsection B above. In addition, an industrial user with an existing wastewater discharge permit shall submit to the Borough of Milton within 180 days after the effective date of an applicable National Categorical Pretreament Standard the information required by Subsections B(1)(h) and (i). Except as otherwise provided by applicable law, the deadlines for submission of application information may be modified by the Borough of Milton to establish a longer or shorter time period for submission of industrial user's application information, as deemed appropriate by the Borough.
D.
Permit conditions. Wastewater discharges are hereby
expressly subject to all provisions of this article and all other
applicable federal, state and local pretreatment laws, regulations
and ordinances, including industrial user charges and fees established
by the Borough of Milton, regardless if such provisions are specifically
set forth in the wastewater discharge permit. Compliance with a wastewater
discharge permit will not be a defense for an industrial user's failure
to comply with applicable federal, state or local requirements. Wastewater
discharge permits may contain such conditions as deemed necessary
by the Borough of Milton to protect the POTW and to otherwise implement
federal, state and local pretreatment requirements, including the
following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a Milton POTW.
(2)
Limits, expressed in mass and/or concentration, on
the average, maximum and/or instantaneous wastewater constituents
and characteristics, including limitations on the location of discharge
points.
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number of sampling events,
types and standards for tests and reporting schedule.
(6)
Requirements for pretreatment including a compliance schedule for the installation of technology to meet such requirements; a compliance schedule to meet discharge limits set forth in § 197-29C(9) or as otherwise established by the Borough of Milton; and/or a compliance schedule to meet National Categorical Pretreatment Standards by the deadline established under federal law.
(7)
Requirements for submission of technical reports or
discharge reports.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Borough of Milton,
and affording the Borough access thereto and specifically the requirement
that IU's must keep records of monitoring activities and results for
a minimum of three years, and longer in the case of unresolved litigation
or when requested by the Borough of Milton.
(9)
Requirements for prior notification to the Borough
of Milton at the wastewater treatment plant of any new introduction
of wastewater constituents; any substantial change in the volume or
character of the wastewater constituents being introduced into the
wastewater treatment system; or anticipated changes in industrial
user production which may impact the Milton POTW.
(10)
Requirements for notification of slug and other
potentially adverse discharges and requirements pertaining to upsets.
(11)
Requirements for a preparedness, prevention
and contingency (PPC) plan as specified by the Borough.
(12)
Requirements pertaining to modification, suspension,
termination and transferability of the wastewater discharge permit.
(13)
Statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements.
(14)
The Borough of Milton shall have the power and
authority to deny and/or condition any new or increased discharge
to its sewer system proposed by any permittee.
(15)
Requirements pertaining to industrial processes
subject to National Categorical Pretreatment Standards, including
use of the combined wastestream formula under 40 CFR 403.6(e), recalculation
of proposed effluent limitations by categorical industrial users and
other requirements to implement National Categorical Pretreatment
Standards.
(16)
Requirements pertaining to the proper operation
and maintenance of the industrial user treatment, sampling and analytical
equipment and notification to the Borough of Milton regarding the
failure of such equipment.
(17)
Other conditions as deemed appropriate by the
Borough of Milton to ensure compliance with this article and applicable
federal, state and local pretreatment requirements.
E.
Duration of permits. Wastewater discharge permits
shall be issued for a specified time period, not to exceed five years.
A wastewater discharge permit may be issued for a period less than
five years or may be stated to expire on a specific date. Except as
otherwise approved by the Borough of Milton, the industrial user shall
apply for permit reissuance a minimum of 90 days prior to the expiration
of the industrial user's existing permit.
F.
Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold to a new person,
new user, different premises or a new or changed operation without
the approval of the Borough of Milton. Any succeeding owner or user
shall also comply with the terms and conditions of the existing permit.
G.
Modification, suspension or revocation of wastewater
discharge permit. The terms and conditions of a wastewater discharge
permit, or any part thereof, is subject to change, modification, suspension
or revocation for cause, including the following:
(1)
Violation of any term or condition of the wastewater
discharge permit and/or any requirement set forth in an applicable
pretreament law, ordinance, regulation or rule.
(2)
Obtaining a wastewater discharge permit by misrepresentation
or failure to disclose fully all relevant facts in either the permit
application or any report, including the falsification of self-monitoring
reports or the tampering with monitoring equipment.
(3)
Promulgation of more stringent standards under federal,
state or local law, including the adoption of revised pretreatment
ordinances by the Borough of Milton.
(4)
Changes in the processes used by the permittee or
changes in the discharge volume or character.
(5)
Changes in the design or capability of receiving POTW
treatment plant; NPDES permit requirements or sludge disposal options.
(6)
A change in any condition that requires a temporary
or permanent reduction or elimination of the discharge.
(7)
Failure to allow timely access to the facility or
records.
(8)
Failure to timely pay fines or applicable sewer charges.
(9)
A change to monitoring and/or sampling requirements.
H.
Continuation of expired permits. The terms and conditions
of an expired wastewater discharge permit shall be deemed to continue
in effect pending a decision on a reissued permit, if the industrial
user filed a timely application that is complete and the wastewater
discharge permit, through no fault of the industrial user, is not
reissued with an effective date on or before the expiration date of
the existing permit.
I.
Wastewater discharge permit satisfies other permit
requirements. A wastewater discharge permit, in addition to implementing
requirements as mandated by the federal pretreatment regulations,
may be a means for Milton to implement other requirements in accordance
with federal, state and local law. Implementation and enforcement
of such provisions shall be subject to Milton's discretion.
Except as otherwise provided by the Borough
of Milton, industrial user changes that reasonably could be expected
to substantially increase flow or substantially affect the Milton
POTW, the treatability of the wastewater entering the POTW or the
ability of the POTW to meet NPDES, sludge and other applicable requirements
may be subject to Borough of Milton approval prior to industrial user
implementation. The Borough of Milton may require the industrial user
to undertake a compatibility study to demonstrate to the satisfaction
of the Borough that the wastewater to be discharged is compatible
with the existing Milton POTW, will not affect any requirements imposed
upon Milton (including sludge disposal requirements) and will not
otherwise adversely affect the Milton POTW.
When, due to the size or complexity of the waste
disposal problem of an industrial user, it can be shown that it is
impractical to meet the schedule imposed, a request for an extension
of time may be presented to the Borough of Milton. A wastewater discharge
permit shall not be deemed to extend the compliance date beyond applicable
federal deadlines.
A.
Any person discharging industrial wastes into the
sewer system may be required by the Borough of Milton to construct
and maintain a suitable control structure or structures to facilitate
observation, measurement and sampling of all wastes including sanitary
sewage from the person. The Borough of Milton, at its discretion,
may require the monitoring of specific treated process wastes or any
other internal waste stream monitoring of categorical industrial users
or other industrial users as deemed appropriate by the Borough.
B.
The control structure(s) shall be constructed at a
site(s) and in a manner as approved by the Borough of Milton.
C.
The Borough of Milton may require that control structure(s)
be equipped with permanent-type flow measuring, sampling, monitoring,
controlling or other devices of a type approved by the Borough of
Milton. The control structure(s) and all required devices shall be
installed by the person discharging waste, at their expense, and shall
be maintained so as to be safe, accessible and in proper operating
conditions at all times.
D.
Metering and all other required devices shall be installed,
calibrated and maintained to ensure accuracy of measurements and shall
be undertaken at the expense of the person discharging wastes.
E.
Plans and specifications for the construction of control
structure(s) and all required devices shall be submitted to and approved
by the Borough of Milton prior to commencement of construction. The
Borough of Milton does not by its approval of any of the designs,
plans, specifications, installation of the equipment or of any other
information or plans submitted by an industrial user warrant or aver
in any manner that the industrial user's implementation of such measures
will result in compliance with the applicable pretreatment requirements.
Notwithstanding any approval of such plans by the Borough, the user
remains solely responsible for compliance with the applicable pretreatment
requirements and all other federal, state and local requirements.
All engineering, administrative and/or legal fees incurred by the
Borough's personnel, engineering, consulting, support and/or legal
staff for such items, which may include but are not limited to the
review of plans such as building, site, sewer, process, etc., shall
be paid for by the user.
Except as otherwise provided by the Borough
of Milton, sewage sampling and user monitoring shall be undertaken
as follows:
A.
Sampling. The industrial wastes of a person discharging
the same into the sewer system may be subject to periodic inspection
and determination of character and concentration of said wastes. These
determinations shall be made and undertaken as often as may be deemed
necessary by the Borough of Milton or its authorized assistants. In
addition, the industrial user may be ordered to undertake sampling.
Where sampling is undertaken by the industrial user, a report of the
determinations shall be submitted to the Borough of Milton in a format
and at a frequency as prescribed by the Borough of Milton.
B.
Monitoring facilities. The industrial user shall purchase,
install, maintain and operate necessary monitoring systems and pretreatment
equipment and shall perform waste stream sampling and analyses as
required by the Borough of Milton. The industrial user shall maintain
all existing monitoring equipment used to determine compliance with
pretreatment requirements. The industrial user shall, upon notification
from the Borough of Milton, install a flow monitoring system with
totalizer and any necessary appurtenances required to make the system
functional. The industrial user shall maintain the applicable sample
monitoring location and may be required, upon notification from the
Borough of Milton, to purchase, install, operate and maintain automatic
sampling equipment.
C.
Representative monitoring. Samples and measurements
taken for the purpose of monitoring shall be representative of the
monitored activity. The Borough of Milton may require the industrial
user to undertake compliance sampling at times when the regulated
pollutants are likely to be present in their maximum concentration,
including monitoring of batch discharges should such discharges occur
and monitoring on days when representative production and wastewater
producing activities occur.
D.
Approval required to change sampling location. The
Borough of Milton may specify industrial user monitoring points. In
such a case, monitoring points shall not be changed without the approval
of the Borough of Milton.
E.
Industrial user monitoring.
(1)
Frequency. The industrial user shall ensure that an
adequate number of samples are collected and analyzed to determine
that the process discharge equipment is operating properly and that
the wastewater discharge does not violate pretreatment effluent limitations.
Except as otherwise provided, significant industrial user sampling
for determining compliance shall be collected at least once every
six months and analyzed for applicable pollutants. The Borough reserves
the right to require sampling more frequently than set forth herein.
(2)
Sampling procedure. The Borough of Milton may identify
the sampling procedures to be used by the user for compliance sampling.
This includes but is not limited to Borough designation of grab and/or
type of composite sampling for specified pollutants and the applicable
detection limit.
F.
Effluent toxicity testing. The industrial user shall
undertake effluent toxicity testing as required by the Borough of
Milton, using the test procedures and methodology specified by the
Borough. The industrial user shall undertake a toxic reduction evaluation
and take steps to reduce toxicity, as required by the Borough.
G.
Reporting of increased monitoring data. The industrial user may monitor more frequently than otherwise required by the Borough of Milton. Except as provided in Subsection J below, if the industrial user monitors any pollutant, subject to an effluent limitation at the location designated for compliance monitoring, more frequently than otherwise required by the Borough of Milton, using the procedures set forth in 40 CFR Part 136 or otherwise required, the results of such monitoring shall be included in the calculation and reporting of the data submitted.
H.
Increased sampling when industrial user is in noncompliance.
If sampling results indicate that the industrial user has exceeded
an effluent limitation, the Borough of Milton, as an enforcement response
to such violation, may require the industrial user to undertake increased
sampling. Upon notification from the Borough of Milton, the industrial
user shall undertake such additional monitoring as directed by the
Borough of Milton.
I.
Calibration. The industrial user shall ensure that
all monitoring, analytical and sampling equipment it uses to monitor
or otherwise analyze the pollutants discharged to the Milton POTW
are periodically calibrated and maintained at intervals which ensure
the accuracy and reliability of measurements.
J.
Borough approval of analytical lab. Subject to its
discretion, the Borough of Milton may approve or disapprove the use
of an analytical laboratory for the analysis of sampling result(s)
of an industrial user for purposes of compliance sampling. Compliance
sampling result(s) submitted by an industrial user shall not be from
a laboratory that is disapproved by the Borough of Milton.
The methods used by the industrial user in the
collection, preservation and examination of all industrial waste shall
be those set forth in the federal regulation 40 CFR Part 136, as amended.
If Part 136 does not include sampling or analytical techniques for
the pollutant(s) in question, or where the Borough of Milton determines
the Part 136 procedures to be inappropriate, sampling and analyses
shall be performed using validated analytical methods or any other
sampling and analytical procedures approved by the Borough of Milton.
Unless otherwise specified in this article, a wastewater discharge
permit, notification by the Borough of Milton or in an applicable
federal, state or local pretreatment standard, calculations for effluent
limitations which require averaging of measurements shall utilize
an arithmetic mean. In calculating an average (e.g., thirty-day average),
a value of zero shall be used for any monitoring result indicating
that the measured pollutant is not detectable or below the detection
limit.
Industrial users shall comply with the reporting
requirements set forth in 40 CFR Part 403, including the requirements
in 40 CFR 403.12 pertaining to baseline monitoring reports; ninety-day
compliance reports; periodic compliance reports; notification of potential
problems, including slug loadings; notification of changed discharge;
signatory requirements; and notification of the discharge of wastes
which, if disposed of otherwise, would be considered a hazardous waste.
Any reporting or data sheets provided by the Borough of Milton to
the industrial user shall be used and appropriately completed. These
reports require, but are not necessarily limited to, the information
identified below:
A.
Baseline report. Within 180 days after the effective
date of a National Categorical Pretreatment Standard [or 180 days
after the final administrative decision made upon a category determination
under 40 CFR 403.6(a)(4), whichever is later] or at least 90 days
prior to commencement of discharge for new sources and sources that
become industrial users subsequent to the promulgation of an applicable
National Categorical Pretreatment Standard, a report which meets the
requirements of 40 CFR 403.12(b) and (c), including but not limited
to the following information, shall be provided:
(1)
The name, address and standard industrial classification
number of the facility, including the name of the operator and owners.
(2)
A list of any environmental control permits held by
or for the facility.
(3)
A brief description of the nature and average rate
of production carried out by the facility, including a schematic process
diagram which indicates sewer connections to the Borough's sewer system.
(4)
The average daily and maximum daily flow of waste
discharged by the facility.
(5)
The nature and concentration (daily maximum and average)
of any pollutants in the discharge which are limited by the local,
state or federal pretreatment standards; all sampling and analysis
shall be performed in accordance with the techniques prescribed in
the Code of Federal Regulations, Title 40, Part 136, as such may be
amended.
(6)
The time, date and place of sampling, methods of analysis
and a certification that such sampling and analysis is representative
of normal work cycles and expected discharges.
(7)
A statement signed by an authorized representative
of the industrial user and certified by a qualified professional,
which may be subject to Borough of Milton approval, as to whether
or not the pretreatment standards are being met on a consistent basis,
and if not, whether additional pretreatment and maintenance (O&M)
and/or additional pretreatment is required to meet applicable pretreatment
standards.
(8)
If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule
by which the industrial user will provide such additional pretreatment
and/or O&M. The completion data in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard. 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
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.). No increment shall exceed
nine months.
B.
Compliance schedule progress report. No later than 14 days following each date in the schedule mentioned in Subsection A(8) of this section, as well as the final date for compliance, a progress report which includes, as a minimum, whether or not the facility complied with the increments of progress to be met on such date, and if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken to return the construction to the schedule established, shall be provided. In no event shall more than nine months elapse between such progress reports.
C.
Compliance report on National Categorical Standards
deadlines. Within 90 days following the date for compliance with applicable
National Categorical Pretreatment Standards or, in the case of a new
source, following commencement of the discharge into the Milton POTW,
any industrial user subject to a Categorical Pretreatment Standard
shall submit to the Borough of Milton, at the Milton POTW, a report
which meets the requirements of 40 CFR 403.12(d), including but not
limited to the nature and concentration of all pollutants in the discharge
from the regulated process which are limited by National Categorical
Pretreatment Standards and the average and maximum daily flow from
these process units in the industrial user facility which are limited
by such National Categorical Pretreatment Standards. The report shall
state whether the applicable pretreatment standards are being met
on a consistent basis, and if not, what additional O&M and/or
pretreatment is necessary to bring about compliance with the applicable
pretreatment standards. This statement shall be signed by an authorized
representative of the industrial user, and certified by a qualified
professional engineer, which may be subject to Borough of Milton approval.
D.
Periodic compliance reports. Unless required more
frequently in the pretreatment standards or by the Borough, a significant
industrial user, whether subject to National Categorical Pretreatment
Standards or a significant non-categorical industrial user, or in
the case of a new source after commencement of the discharge, shall
submit to the Borough of Milton at the Wastewater Treatment Plant
during the months of June and December, a report indicating the nature,
concentration and flow of pollutants in the effluent which are limited
by such pretreatment standards. In addition, the report, whether the
initial report or a subsequent report, shall include the information
required by 40 CFR 403.12(d), 403.12(g) and 403.12(h), as applicable,
including the requirement for categorical industrial users to submit
a record of all measured or estimated average and maximum daily flows
during the reporting period. At the discretion of the Borough and
in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Borough of Milton may agree to
alter the months during which the above reports are to be submitted.
The Borough of Milton, at its discretion, may require the submission
of such additional reports as it deems appropriate, including monthly
discharge reports and reporting by non-SIU's.
E.
Preparedness, prevention and contingency (PPC) plan.
(1)
Industrial users shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the industrial user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Borough
of Milton for review and shall be approved by the Borough before construction
of a new facility. An industrial user who commences discharge to the
POTW after the effective date of this article may be prohibited by
the Borough of Milton from introducing pollutants into the system
until accidental discharge procedures have been approved by the Borough.
Review and approval of such plans and operating procedures shall not
relieve the industrial user from the responsibility to modify the
industrial user's facility as necessary to meet the requirements of
this article.
(2)
Upon notification by the Borough of Milton, an industrial
user shall develop a preparedness, prevention and contingency (PPC)
plan providing for the installation of equipment, containment and/or
devices as can reasonably be expected to prevent any spillage or leakage
of process solutions or chemicals from entering the sanitary sewer
and/or addresses discharges of a nonroutine, episodic nature, including
but not limited to an accidental spill or noncustomary batch discharge
in accordance with 40 CFR 403.8(f)(2)(v)(A)-(D) and as otherwise required
by the Borough of Milton. If a PPC plan is required from a significant
industrial user to address discharges of a nonroutine episodic nature,
at a minimum, the PPC plan shall contain the following elements:
(a)
A description of discharge practices, including
nonroutine batch discharges.
(b)
A description of stored chemicals.
(c)
Procedures for immediately notifying the Borough
of Milton, at the Wastewater Treatment Plant, of slug discharges,
including any discharge that would violate the specific prohibitions
[see 40 CFR 403.5 (b)], with procedures for follow-up written notification
within five days.
(d)
Procedures as necessary to prevent adverse impact
from accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
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.
(3)
Upon review of an industrial user's draft PPC plan
by the Borough of Milton, the industrial user shall revise its draft
PPC plan in accordance with comments received from the Borough of
Milton within 30 days, unless a longer time period is provided by
the Borough. The Borough of Milton may require an industrial user
with a PPC plan to periodically update or revise the plan as deemed
necessary subject to the Borough of Milton's approval.
F.
Notice of potentially problematic discharges. Any
person who discharges any pollutant at a flow rate and/or pollutant
concentration which will cause interference with the POTW and/or accidentally
discharges prohibited materials or other substances in violation of
this article, as amended, that could cause problems to the POTW [including
slugs or discharges in violation of the specific prohibitions of 40
CFR 403.5(b)] shall immediately notify the Borough of Milton at the
Wastewater Treatment Plant of the incident. Such notification shall
not relieve the discharger of any expense, loss, damage or other liability
which may be incurred as a result of damage to the sewer system, receiving
stream or to person or property; nor shall such notification relieve
the discharger of any fines, civil penalties or other liabilities
which may be legally imposed.
G.
Notification of changed discharge. All industrial users must notify the Borough of Milton at the Wastewater Treatment Plant before substantially changing the volume or character of pollutants in their wastewater discharges, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under § 197-37I of this article and 40 CFR 403.12(p).
H.
Notice of violation and duty to resample. If sampling
performed by an industrial user indicates a violation, the industrial
user shall notify the Borough of Milton at the Wastewater Treatment
Plant within 24 hours of becoming aware of the violation and submit
such other reports as required by the Borough. Except as otherwise
approved by the Borough and provided by 40 CFR 403.12(g)(2)(i) and
(ii), the industrial user shall repeat the sampling and analysis and
submit the results of the repeat analysis to the Borough of Milton
within 30 days after becoming aware of the violation.
I.
Notification of hazardous waste activity. The industrial
user shall notify, in writing, the Borough of Milton at the Wastewater
Treatment Plant, the state and the EPA of any discharge into the POTW
of a substance, in accordance with 40 CFR 403.12(p), which, if otherwise
disposed of, would be a hazardous waste under 40 CFR Part 261. Such
notice shall include the information required by 40 CFR 403.12(p)
pertaining to the type of hazardous waste, the quantities of hazardous
waste and the specific regulations of federal, state and local laws
which classify the waste as hazardous waste.
J.
Duty to provide information. The industrial user shall
furnish the Borough of Milton, within a reasonable time, any information
which the Borough may request to determine whether cause exists for
modifying, reissuing, suspending or revoking a Wastewater Discharge
Permit or to determine industrial user pretreatment compliance. The
industrial user shall also furnish to the Borough, upon request, copies
of records required to be kept. Where the industrial user becomes
aware that it failed to submit any relevant facts in an application
for a Wastewater Discharge Permit or submitted incorrect information
in an application for a wastewater discharge permit, report to the
Borough of Milton or in any other correspondence pertaining to its
industrial wastewater discharge, it shall promptly submit such facts
or information.
K.
Signatory/certification.
(1)
Baseline reports, compliance reports on National Categorical
Pretreatment Standards and periodic compliance reports submitted by
categorical industrial users shall be signed by an authorized representative
and contain the following certification:
|
"I certify that under penalty of law that this
document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
|
(2)
The Borough of Milton, at its discretion, may require
other reports or information submitted by categorical industrial users
or any other industrial user to meet signatory/certification requirements
as the Borough deems appropriate.
L.
Recordkeeping requirements. Except as otherwise provided
by the Borough of Milton, industrial users shall retain records pertaining
to its wastewater discharge for a minimum of three years and shall
make such reports available for inspection and copying by the Borough
of Milton. This includes but is not limited to records of compliance
sampling, monitoring and the chemical analyses; calibration and maintenance
records; original strip, circular or other chart recordings for continuous
monitoring instrumentation; the exact location, time and date of sampling;
the date(s) the analyses were performed; the individual(s) who performed
the sampling and analyses; the analytical or methods used; the results
of the testing; copies of reports required by the wastewater discharge
permit; and records of all data used to complete the application for
issuance, reissuance or modification of a wastewater discharge permit.
This period of retention is automatically extended during the course
of any unresolved litigation regarding the discharge of pollutants
or when requested in writing by the Borough of Milton at any time.
A.
The Borough and its duly authorized representatives,
including contractors, bearing proper credentials and identification
shall be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing, including but not
limited to areas which could result in wastewater discharge to the
POTW such as manufacturing areas, chemical storage areas, boiler blowdown
areas, pretreatment facilities, spill prevention and control procedures,
hazardous waste generation and industrial self-monitoring procedures
and records. In order to effectuate such inspection, observation,
measurement, sampling and testing, the Borough shall have the right
to inspect and copy all records maintained by the industrial user
in connection with compliance with this article, as amended, the general
pretreatment regulations and National Categorical Pretreatment Standards,
as amended, and to set up on the industrial user's premises such devices
as are necessary to conduct sampling inspection, compliance monitoring,
and/or metering operations.
B.
While performing the necessary work on private properties referred to in Subsection A above, the Borough or authorized representatives shall observe all safety rules applicable to the premises established by the industrial user (as long as such rules do not restrict access to areas to be inspected, monitored and/or sampled) and the industrial user shall be held harmless for injury or death to the Borough employees and duly authorized representatives and the Borough shall indemnify the industrial user against loss or damage to its property by Borough employees and duly authorized representatives and against liability claims and demands for personal injury or property damage asserted against the industrial user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the industrial user to maintain safe conditions.
A.
Any person who shall violate or fail to conform to
any of the provisions of this article shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 (as provided by
53 P.S. § 48308) and costs of prosecution and, in default
of payment of such fine and costs, to imprisonment for not more than
30 days. Each day's continuance of a violation shall constitute a
separate offense. Nothing herein, however, shall be deemed to preclude
the Borough of Milton or the Milton Municipal Authority, as appropriate,
from instead commencing an action for a penalty up to $25,000 per
day for each violation pursuant to the 1992 Pennsylvania Laws, Act
No. 1992-9,[1] or seeking injunctive or other relief deemed appropriate.
[1]
Editor's Note: See 35 P.S. § 752.1
et seq.
B.
Any person who knowingly makes any false statements,
representation or certification in any application, record or other
document filed or required to be maintained pursuant to this article,
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this article shall, upon
conviction, be punished by a fine of not more than $1,000 or imprisonment
of not more than six months, or both.
C.
If any person violates any provision of this article,
federal or state pretreatment requirements, wastewater discharge permit
or any other requirements, mandates or order of the Borough, an action
for appropriate legal, equitable relief and/or injunctive relief may
be commenced against such person.
D.
The wastewater treatment service and/or a wastewater
discharge permit may be suspended or revoked for cause, including
when such suspension is necessary, in the opinion of the Borough,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons or to the environment, causes or may cause interference
to the POTW or causes or may cause a violation of any condition of
the NPDES Permit applicable to the Milton POTW. Any person notified
of a suspension or revocation of the wastewater treatment service
and/or the wastewater discharge permit may be required to immediately
stop or eliminate the contribution of wastewater to the Milton sewer
system. In the event of a failure of the person to comply voluntarily
with the suspension or revocation order, the Borough may take such
steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW system or endangerment
to any individuals. The Borough may reinstate the wastewater discharge
permit and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge. Each day of noncompliance with a suspension
or revocation order shall be a violation of this article.
A.
The permittee shall have the right to appeal the suspension,
revocation, issuance, reissuance or modification of a wastewater discharge
permit to the Milton Borough Council, provided that written notice
of said appeal is given to the Borough Council within 30 days of the
permit action. Milton Borough Council will schedule a hearing on the
appeal, within 30 days after the filing of the appeal, and render
a decision at the conclusion of said hearing. The proceedings shall
be in accordance with the Local Agency Law of the Commonwealth of
Pennsylvania. (2 Pa.C.S.A. § 105 et seq.).
B.
Any appeal by the permittee shall be set forth in
writing and shall identify the permit condition(s) objected to, the
reasons for the objection and any alternative language being sought.
C.
A request for modification or other change to a wastewater
discharge permit does not stay any term or condition set forth in
the existing wastewater discharge permit pending a determination upon
the request. The Borough of Milton may, upon its own initiative or
in response to a request by the permittee or any interested person,
stay contested permit conditions or actions.
D.
A permit decision of the Borough Council may be appealed
within 30 days as provided by Title 2 of the Pennsylvania Statutes.
E.
Any penalty administratively assessed by the Borough
of Milton or the Milton Municipal Authority, as appropriate, may be
appealed within 30 days pursuant to Title 2 of the Pennsylvania Statutes.
F.
Action of Milton for which review has been available
(e.g., enactment of an ordinance or issuance, modification, suspension
or revocation of a wastewater discharge permit) shall not be subject
to administrative or judicial review in any civil or criminal proceeding
for enforcement.
A.
In addition to the enforcement remedies and responses otherwise identified in §§ 197-43B, 197-39 and as otherwise provided herein, noncompliance by a user with pretreatment requirements may subject a user to enforcement response(s) including, but not limited to, a phone call, notice of violation, increased monitoring, consent order or agreement, show cause order, administrative order, case referral to federal or state government or such other remedy as the Borough of Milton deems appropriate. These enforcement responses include, but are not limited to:
(1)
Notice of violation. The Borough of Milton may issue
a notice of violation to a user when the Borough determines that a
user violated or continues to violate any provision of this article,
a wastewater discharge permit or enforcement order issued hereunder,
or any pretreatment standard or requirement. The notice of violation
may require the user to promptly respond to the Borough and to identify,
among other things, an explanation of the cause(s) of the violation
and a plan for the satisfactory correction and prevention of future
violations. Submission of the response by a user does not relieve
the user of liability for any violations occurring before or after
receipt of the notice of violation. Nothing in this section shall
limit the authority of the Borough of Milton to take any action, including
emergency actions or any other enforcement action, whether or not
a notice of violation has been issued.
(2)
Increased monitoring.
(a)
The Borough of Milton, in response to user violation(s),
may require the user to increase the sampling and monitoring of its
discharge or the Borough of Milton may undertake increased sampling
and monitoring of the user's discharge. If increased monitoring is
undertaken by the Borough of Milton, the costs associated with such
increased sampling and monitoring may be charged to the user.
(b)
An increase in an industrial user's sampling
and monitoring activities in response to violation(s) may be imposed
upon the industrial user by the Borough of Milton issuing a modification
to the industrial user's wastewater discharge permit, issuing an administrative
order or issuing any other appropriate mechanism. The Borough of Milton,
subject to its discretion, may include in an industrial user wastewater
discharge permit a permit condition which automatically provides for
increased sampling upon industrial user noncompliance.
(3)
Consent order or consent agreement.
(a)
The Borough of Milton may enter into a consent
order or consent agreement when the Borough determines that a user
violated or continues to violate any provision of this article, a
wastewater discharge permit or enforcement order issued hereunder
or any pretreatment standard or requirement. A consent order or consent
agreement may provide for monetary penalties for past violation(s),
stipulated monetary penalties for future violation(s), an enforceable
compliance schedule setting forth specific action(s) to be taken by
the user to correct noncompliance within a specified time period and/or
such other conditions as deemed appropriate.
(b)
Failure of a user to comply with any condition
or requirement set forth in a consent order or consent agreement is
a violation of this article and each day of a violation is independently
enforceable. A consent order and consent agreement have the full force
of law and are enforceable in a court of law. A consent order is subject
to judicial approval as a precondition to its effectiveness whereas
a consent agreement is not subject to such judicial approval prior
to its adoption.
(4)
Administrative order. The Borough of Milton may issue
an administrative order to a user when the Borough determines that
a User violated, or continues to violate, any provision of this article,
a wastewater discharge permit or enforcement order issued hereunder,
or any pretreatment standard or requirement. An administrative order
may direct the user to come into compliance within a specified period
of time, impose additional monitoring requirements, impose additional
management practices or contain such other requirements as deemed
necessary to address user noncompliance. User compliance with the
requirements of an administrative order does not relieve the user
of liability for any violations occurring before or after receipt
of the administrative order. Failure of a user to comply with any
condition or requirement set forth in an administrative order is a
violation of this article and is independently enforceable for each
day of violation. An administrative order has the full force of law
and is enforceable in a court of law. Nothing in this section shall
limit the authority of the Borough of Milton to take any action, including
emergency actions or any other enforcement action, whether or not
an administrative order has been issued.
(5)
Show cause order. The Borough of Milton may issue
a show cause order to a user when the Borough determines that a user
violated, or continues to violate, any provision of this article,
a wastewater discharge permit or enforcement order issued hereunder,
or any pretreatment standard or requirement. A show cause order may
direct the user to appear before the Borough of Milton (at a show
cause meeting) and show cause why a proposed or subsequent enforcement
action should not be taken. Failure to attend a show cause meeting
or otherwise comply with a show cause order is a violation of this
article for each day of a violation; a show cause order has the full
force of law and is enforceable in a court of law. Nothing in this
section shall limit the authority of the Borough of Milton to take
any action, including emergency actions or any other enforcement action,
whether or not a show cause order has been issued or a show cause
meeting has been held.
(6)
Referral to state or federal government. The Borough
of Milton may refer a matter to a federal and/or state government
for enforcement by such governmental entity when the Borough determines
that a user violated, or continues to violate, any provision of this
article, a wastewater discharge permit or enforcement order issued
hereunder, or any pretreatment standard or requirement. The Borough
of Milton, subject to its discretion, may assist the federal and/or
state government in a federal or state-initiated enforcement action
against a user.
B.
Nothing in this article, Milton's Enforcement Response
Plan or any other provision of Milton's approved pretreatment program
shall be intended to limit the enforcement discretion of the Borough
of Milton and the Milton Municipal Authority to enforce pretreatment
requirements as otherwise provided for by law.
C.
In addition to any applicable civil or criminal penalty,
the industrial user is liable for:
(1)
All damage which its discharge causes to the Milton
POTW if that damage is caused, in whole or in part, by the industrial
user's violation of its wastewater discharge permit or any applicable
law, ordinance, regulation, rule or pretreatment requirement; and
(2)
Any penalty imposed upon Milton (whether by judicial or administrative order or the settlement of a judicial or administrative penalty action) where Milton's violation was caused by the industrial user, either alone or in conjunction with the discharge(s) from other source(s). Where the industrial user has violated a local limit under § 197-29C(9) and a violation of the NPDES permit applicable to the Milton POTW subsequently occurred for the same pollutant or associated pollutant(s), a rebuttable presumption is deemed to exist that the permittee caused the violation of the NPDES permit. The industrial user shall have the burden of proof to demonstrate that its discharge did not cause Milton to violate its NPDES permit limitation.
A.
Nothing contained in this article shall be construed
as prohibiting any special agreement or arrangement between Milton
and any person, or for Milton to otherwise waive requirements herein,
when conditions and circumstances making such special agreement(s),
arrangement(s) or waiver(s) advisable and/or necessary, in the opinion
of Milton, are present. In no event shall special agreement(s), arrangement(s)
or waiver(s) permit any industrial user to violate minimum Federal
Pretreatment Requirements (e.g., National Categorical Pretreatment
Standards).
B.
Any special agreement and/or arrangement of pretreatment
requirements under this section shall be timely memorialized in writing.
"In writing" includes, among other things, a wastewater discharge
permit modification, a written agreement, a letter from the Borough
to the industrial user, an inspection report or any other written
record which identifies that the Borough waived or otherwise modified
the requirement.
A.
Information and data on any person discharging industrial
waste(s) obtained from reports, applications, monitoring programs
and inspections shall be available to the public or governmental agencies
without restriction unless said person specifically requests and is
able to demonstrate that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets. Where such information is lawfully requested by
another governmental agency, the Borough may provide such information
to the governmental agency and the Borough of Milton will not be required
to make a confidentiality determination regarding such information.
The person seeking confidentiality protection of the information shall
bear the burden of demonstrating to the other governmental agency
that such information is entitled to confidential protection. Information
considered effluent data shall not be considered confidential.
B.
The Borough may annually publish, in a daily newspaper,
notification of the industrial users which were identified in significant
noncompliance (SNC) with applicable pretreatment requirements. The
Borough, subject to its sole discretion, may also publish notification
of industrial user noncompliance on a more frequent basis than annually
or if the level of industrial user noncompliance does not meet the
SNC standard.
A.
The requirements of this article apply to pollutants
from domestic and nondomestic sources which are transported by truck
or rail to the Milton POTW. These Article requirements apply to such
trucked or hauled pollutants to the same extent as pollutants discharged
directly into the sewer system.
B.
The Borough of Milton may require any generator or
hauler of industrial waste, holding tank wastes, sludge, septage or
other sanitary sewage to:
(1)
Obtain an industrial wastewater permit;
(2)
Monitor, sample and analyze;
(3)
Provide a waste analysis of the waste prior to discharge;
(4)
Submit reports, including a waste tracking form for
every load, including such information as requested by the Borough
of Milton; and/or
(5)
Undertake such additional requirements as deemed appropriate
by the Borough of Milton to implement pretreatment requirements and
to protect the POTW, human health and the environment.
C.
The Borough of Milton, subject to its discretion,
may prohibit the disposal and/or discharge of pollutants or wastes
hauled or trucked to the Milton POTW.
D.
In no event shall any person arrange for or deliver
to the Milton POTW, by truck or rail, any pollutant or waste which
would be a hazardous waste as defined in 40 CFR Part 261.
A.
Any member of the Borough of Milton Council who receives
or has received during the previous two years a significant portion
of income directly or indirectly from an industrial user is deemed
to have a conflict of interest regarding pretreatment matters (including
discussions regarding enforcement) pertaining to such industrial user.
For any meeting, discussion or deliberation pertaining to pretreatment
activities of a specific industrial user where a Borough Council member
or Borough representative is present, any Council member which has
a conflict of interest as described above shall recuse himself/herself,
refrain from voting and actively participating on the matter pertaining
to the industrial user and shall leave the room while the discussions
are being held so as not to be privy to the discussions if the Council
is in executive session or the discussion is not otherwise open to
the general public and shall not participate in the discussion so
as to foster an opinion or attempt to otherwise persuade the Council
or Borough representatives as to the appropriate response if the meeting
or discussion is open to the general public.
B.
For the purpose of this section, "significant portion
of income" means 10% or more of gross personal income for a calendar
year, except that it means 50% or more of gross personal income for
a calendar year if the recipient is over 60 years of age and is receiving
that portion under retirement, pension or similar arrangement. "Income"
includes employee salary, retirement benefits, consultant fees and
stock dividends, but does not include mutual fund payments or payments
from other diversified investments for which the recipient does not
know the identity of the primary sources of income.
The Borough of Milton hereby delegates authority
to the Borough of Milton Council President, Borough Manager and Wastewater
Treatment Plant Manager to implement pretreatment and other wastewater
requirements, including but not limited to the authority to fine,
penalize, sue, negotiate or otherwise initiate enforcement actions
and/or the settlement thereof on behalf of the Borough of Milton.
The Borough of Milton Council President, Borough Manager and Wastewater
Treatment Plant Manager may redelegate its pretreatment authority
to such other Borough personnel and/or representative(s) as deemed
appropriate.
The council reserves the right to and may from
time to time adopt such rules and regulations as it deems necessary
and proper for the use and operation of the sewer system, which rules
and regulations shall become part of this article.
The Borough of Milton may use, at its own discretion,
such billing procedures, billing cycles, etc., as it deems appropriate
for individual users.
