[Adopted 7-8-1996 by Ord. No. 5-1996 (Ch. 18, Part 3B, of
the 1989 Code)]
A.
Purpose and policy.
(1)
This article sets forth uniform requirements for users of the wastewater
collection and publicly owned treatment works (POTW) of the Moon Township
Municipal Authority (MTMA) and enables the MTMA to comply with all
applicable state and federal laws, including the Clean Water Act (33
U.S.C. § 1251 et seq.) and the General Pretreatment Regulations
(40 CFR, Part 403). The objectives of this article are:
(a)
To prevent the introduction of pollutants into the POTW that
will interfere with its operation.
(b)
To prevent the introduction of pollutants into the POTW that
will pass through the POTW, inadequately treated, into receiving waters,
or otherwise incompatible with the POTW.
(c)
To protect both POTW personnel who may be affected by wastewater
and sludge in the course of their employment and the general public.
(d)
To ensure that the quality of the POTW wastewater and sludge
is maintained at a level which allows its use and disposal in compliance
with applicable statutes and regulations.
(e)
To promote reuse and recycling of industrial wastewater and
sludge from the POTW.
(f)
To provide for fees for the equitable distribution of the cost
of operation, maintenance and improvement of the POTW.
(g)
To enable the MTMA to comply with its NPDES permit conditions,
sludge use and disposal requirements, and any other federal or state
laws to which the POTW is subject.
(2)
This article and all the rules, regulations and requirements established
therein shall apply to all dischargers of wastewater to the POTW.
This article authorizes the issuance of wastewater discharge permits;
provides for monitoring, compliance and enforcement activities; establishes
administrative review procedures; requires industrial user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
B.
Administration. Except as otherwise provided herein, the Manager
of the MTMA shall administer, implement and enforce the provisions
of this article. Any powers granted to or duties imposed upon the
Manager may be delegated by the Manager to other personnel of the
Authority.
C.
Abbreviations. The following abbreviations, when used in this article,
shall have the designated meanings:
|
BOD
|
Biochemical Oxygen Demand
| |
|
CFR
|
Code of Federal Regulations
| |
|
COD
|
Chemical Oxygen Demand
| |
|
EPA
|
U.S. Environmental Protection Agency
| |
|
GPD
|
gallons per day
| |
|
mg/l
|
milligrams per liter
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
POTW
|
Publicly Owned Treatment Works
| |
|
RCRA
|
Resource Conservation and Recovery Act
| |
|
SIC
|
Standard Industrial Classification
| |
|
TSS
|
Total Suspended Solids
| |
|
U.S.C.
|
United States Code
|
D.
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
(1)
(a)
(b)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND or BOD
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COMPOSITE SAMPLE
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MANAGER
MEDICAL WASTE
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS or POTW
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SLUG LOAD or SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
TREATMENT PLANT EFFLUENT
USER or INDUSTRIAL USER
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article, shall have the
meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the U.S. EPA, Region 3, or
his designee.
The Moon Township Municipal Authority (MTMA) or the Board
of Directors of the Moon Township Municipal Authority.
If the industrial user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decisionmaking functions for
the corporation.
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
If the industrial user is a partnership or sole proprietorship,
a general partner or proprietor, respectively.
If the user is a federal, state or local government facility,
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to MTMA.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with § 307(b) and (c) of the Act (33
U.S.C. § 1317) which apply to a specific category of users
and which appear in 40 CFR, Chapter I, Subchapter N, Parts 405-471.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with § 307
of the Act.
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal and, therefore, is a cause of a violation of MTMA's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: § 405 of the Act; the Solid Waste Disposal
Act, including Title II, commonly referred to as the Resource Conservation
and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act.
The duly appointed Manager of the Moon Township Municipal
Authority who has been or will be appointed by the Board of Directors
of the Authority.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under § 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production or wastewater-generating 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.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)(a) or (1)(b), above, but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source, as defined under this subsection,
has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment.
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for the placement, assembly or installation of new source
facilities or equipment.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of MTMA's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants, unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 218-39A of this article.
A treatment works, as defined by § 212 of the Act
(33 U.S.C. § 1292) which is owned by MTMA. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (and wastes of a similar nature).
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
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.
Is designated as such by MTMA on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection (2)(b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, MTMA may at any time on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 218-39A of this article, or any discharge of a nonroutine episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquid and which is
removable by laboratory filtering.
One of the 126 pollutants or combination of those pollutants
listed as toxic in regulations promulgated by the EPA under the provisions
of § 307 (33 U.S.C. § 1317) of the Act.
Any discharge or pollutants from the POTW into waters of
the commonwealth.
A source of indirect discharge to the POTW.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
E.
The use of the word "shall" indicates that the action is mandatory;
the use of the word "may" indicates that the action is permissive
or discretionary. The use of the singular shall be construed to include
the plural and the plural shall be construed to include the singular,
as indicated by the context.
A.
Prohibited discharge standards.
(1)
General prohibitions. No industrial user shall introduce or cause
to be introduced into the POTW any pollutant or wastewater which causes
pass-through or interference. These general prohibitions shall apply
to all industrial users of the POTW, whether or not they are subject
to categorical pretreatment standards or any other national, state
or local pretreatment standards or requirements established by MTMA.
(2)
Specific prohibitions. No industrial user shall introduce or cause
to be introduced into the POTW the following pollutants, substances
or wastewater:
(a)
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flash
point of less than 140° F. (60° C.) using the test methods
specified in 40 CFR § 261.21.
(b)
Wastewater having a pH less than 5.0 or otherwise causing corrosive
structural damage to the POTW or equipment or endangering Authority
personnel.
(c)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference.
(d)
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW or which will constitute a hazard
to Authority personnel.
(e)
Wastewater which will inhibit biological activity in the treatment
plant resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.).
(f)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass-through.
(g)
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(h)
Trucked or hauled pollutants, except at discharge points designated by the Manager in accordance with § 218-40D of this article.
(i)
Noxious or malodorous liquids, gases, solids or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life or to prevent entry
into the sewers for maintenance or repair.
(j)
Wastewater containing any radioactive wastes or isotopes, except
in compliance with the applicable state or federal regulations.
(k)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage.
(l)
Sludges, screenings or other residues from the pretreatment
of industrial wastes.
(3)
Pollutants, substance or wastewater prohibited by this section shall
not be processed or stored in such a manner that they could be discharged
to the POTW.
B.
Federal categorical pretreatment standards. The categorical pretreatment
standards found at 40 CFR, Chapter I, Subchapter N, Parts 405-471,
are hereby incorporated as though the same were more fully set forth
at length herein.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Manager may impose equivalent concentration or mass limits in
accordance with 40 CFR § 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Manager
shall impose an alternate limit using the combined wastestream formula
in 40 CFR § 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR § 403.13, that factors relating to
its discharge are fundamentally different from the factors considered
by EPA when developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR § 403.15.
(5)
Where the applicable categorical pretreatment standard requires compliance
with a best management practice (BMP) or pollution prevention alternative,
the user shall submit documentation required by the MTMA or the pretreatment
standard necessary to determine the compliance status of the user.
At the discretion of the MTMA, and in consideration of such factors
as local high or low flow rates, holidays, etc., the MTMA may modify
the months during which reports are to be submitted.
[Added 12-27-2007 by Ord. No. 7-2007]
C.
Specific pollutant limitations.
[Amended 12-27-2007 by Ord. No. 7-2007]
(1)
Specific pollutant limitations shall be controlled by each significant
user's nondomestic wastewater discharge permit. Concentrations
or masses of each pollutant shall apply at the point designated as
the discharge point in the user's nondomestic wastewater permit.
All concentrations for metallic substances are for "total metal" unless
otherwise specified in the user's nondomestic wastewater discharge
permit.
(2)
The Moon Township Municipal Authority shall not issue nondomestic
wastewater permits which in total aggregate exceed the following masses
for each pollutant shown:
|
Pollutant
|
Maximum Allowable Mass
(pounds/day)
| |
|---|---|---|
|
Arsenic
|
0.3561
| |
|
Cadmium
|
0.1392
| |
|
Chromium
|
32.7980
| |
|
Copper
|
1.3583
| |
|
Cyanide
|
1.5773
| |
|
Lead
|
1.1912
| |
|
Mercury
|
0.1100
| |
|
Molybdenum
|
1.3371
| |
|
Nickel
|
2.4599
| |
|
Selenium
|
0.4500
| |
|
Silver
|
3.7590
| |
|
Zinc
|
10.4799
|
D.
Authority's right of revision. The Authority reserves the right to establish in wastewater discharge permits more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 218-38A of this article or the general and specific prohibitions in § 218-39A of this article.
E.
Dilution. No industrial user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Manager may impose mass
limitations on industrial users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
A.
Pretreatment facilities. Industrial users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits established by MTMA and the prohibitions set out in § 218-39A of this article within the time limitations specified by EPA, the state or MTMA, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the industrial user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to MTMA for review and shall be acceptable to MTMA before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to MTMA under the provisions of this article.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, MTMA may require industrial users to restrict
their discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be necessary to protect
the POTW and determine the industrial user's compliance with
the requirements of this article.
(2)
MTMA may require any person discharging into the POTW to install
and maintain, on his property and at his expense, a suitable storage
and flow control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
(3)
Grease, oil and sand interceptors shall be provided when, in the
opinion of MTMA, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil or sand, except that
such interceptors shall not be required for residential users. All
interception units shall be of type and capacity approved by MTMA
and shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned and repaired regularly,
as needed, and/or as required by MTMA by the industrial user at their
expense.
(4)
Industrial users with potential to discharge flammable substances
may be required by MTMA to install and maintain an approved combustible
gas detection meter.
C.
Accidental discharge/slug control plans. At least once every two
years, MTMA shall evaluate whether each significant industrial user
needs an accidental discharge/slug control plan. MTMA may require
any user to develop, submit for approval and implement such a plan.
An accidental discharge/slug control plan, if required by MTMA, shall
address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying MTMA of any accidental or slug discharge, as required by § 218-43F of this article.
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
D.
Hauled wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by MTMA and at such times as are established by MTMA. Such waste shall not violate § 218-39 of this article or any other requirements established or adopted by MTMA. MTMA may require septic tank waste haulers to obtain wastewater discharge permits.
(2)
MTMA shall require haulers of industrial waste to obtain wastewater
discharge permits. MTMA may require generators of hauled industrial
waste to obtain wastewater discharge permits. MTMA may also prohibit
the disposal of hauled industrial waste. The discharge of hauled industrial
waste is subject to all other requirements of this article.
(3)
Industrial waste haulers may discharge loads only at locations designated
by MTMA. No load may be discharged without prior consent of MTMA,
as to each location of discharge and specific time of discharge. MTMA
may collect samples of each hauled load to ensure compliance with
applicable standards. MTMA may require the industrial waste hauler
to provide a waste analysis of any load prior to discharge, which
analysis shall be conducted at the expense of the industrial waste
hauler.
(4)
Industrial waste haulers must provide a waste tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
E.
Tenant responsibility. Where an owner of property leases premises
to any other person as a tenant under any rental or lease agreement,
if either the owner or the tenant is an industrial user either or
both may be held responsible for compliance with the provisions of
this article.
A.
Wastewater analysis. When requested by MTMA, an industrial user must
submit information on the nature and characteristics of its wastewater
within 60 days of the request. MTMA is authorized to prepare a form
for this purpose and may periodically require industrial users to
update this information. Failure to submit the requested wastewater
information within 60 days of the request shall be considered a violation
of this article, and MTMA may terminate service to the industrial
user for failure to comply with this provision.
B.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from MTMA, except that a significant industrial user that has filed a timely application pursuant to § 218-41C of this article may continue to discharge for the time period specified therein.
(2)
MTMA may require other industrial users to obtain wastewater discharge permits from it as necessary to carry out the purposes of this article. Within 90 days of receipt of notification from MTMA, such industrial users shall submit permit applications to MTMA pursuant to § 218-41E and F of this article and said applications will be processed pursuant to § 218-41G. The requirement by MTMA of the procurement of a permit pursuant to this provision does not constitute a reclassification of an industrial user as a significant industrial user.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and of MTMA pretreatment standards and/or requirements and subjects the wastewater discharge permittee to the sanctions set forth in §§ 218-47 and 218-48 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
C.
Wastewater discharge permitting; existing connections. Any industrial user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to MTMA for a wastewater discharge permit in accordance with § 218-41E of this article and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this article except in accordance with a wastewater discharge permit issued by MTMA.
D.
Wastewater discharge permitting; new connections. Any industrial user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 218-41E of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
E.
Wastewater discharge permit application contents. All industrial
users required to obtain a wastewater discharge permit must submit
a permit application. MTMA may require all industrial users required
to obtain a wastewater discharge permit to submit, as part of the
permit application, the following information:
(1)
All information required by § 218-43A(2) of this article.
(2)
Description of activities, facilities and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are or could accidentally or intentionally
be discharged to the POTW.
(3)
Number and type of employees, hours of operation and proposed or
actual hours of operation.
(4)
Each product produced, by type, amount, process or processes and
rate of production.
(5)
Type and amount of raw materials processed (average and maximum per
day).
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge.
(7)
Time and duration of discharges.
(8)
Any other information as may be deemed necessary by MTMA to evaluate
the wastewater discharge permit application. Incomplete or inaccurate
applications will not be processed and will be returned to the industrial
user for revision.
F.
Application signatories and certification. All wastewater discharge
permit applications and industrial user reports must contain the following
certification statement and be signed by an authorized representative
of the industrial user:
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violation."
|
G.
Wastewater discharge permit decisions. MTMA will evaluate the data
furnished by the industrial user and may require additional information.
Within 60 days of receipt of a complete wastewater discharge permit
application, MTMA will determine whether or not to issue a wastewater
discharge permit. MTMA may deny any application for a wastewater discharge
permit.
A.
Wastewater discharge permit duration. A wastewater discharge permit
shall be issued for a specified time period, not to exceed five years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period of less than five years, at the discretion
of MTMA. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
B.
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions, constituting pretreatment standards
and/or requirements, as are deemed reasonably necessary by MTMA to
prevent pass-through or interference, protect the quality of the water
body receiving the treatment plant's effluent, protect worker
health and safety, facilitate sludge management and disposal and protect
against damage to the POTW.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates the wastewater discharge permit duration,
which in no event shall exceed five years.
(b)
A statement that the wastewater discharge permit is nontransferable without prior notification to and approval by MTMA in accordance with § 218-42F of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(c)
Effluent limits based on applicable pretreatment standards.
(d)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law.
(e)
A statement of applicable civil, criminal and administrative
penalties for the violation of pretreatment standards and/or requirements.
(2)
Wastewater discharge permits may contain, but need not be limited
to:
(a)
Limits on the average and/or maximum rate of discharge, time
of discharge and/or requirements for flow regulation and equalization.
(b)
Limits on the instantaneous, daily and monthly average and/or
maximum concentration, mass or other measure of identified wastewater
pollutants or properties.
(c)
Requirements for the installation of pretreatment technology,
pollution control or construction of appropriate containment devices
designed to reduce, eliminate or prevent the introduction of pollutants
into the treatment works.
(d)
Requirements for the development and implementation of spill
control plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
(e)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
(f)
The unit charge or schedule of industrial user charges and fees
for the management of the wastewater discharged to the POTW.
(g)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(h)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
(i)
Other conditions as deemed appropriate by MTMA to ensure compliance
with this article, the pretreatment standards and requirements established
by MTMA and state and federal laws, rules and regulations.
C.
Wastewater discharge permit reconsideration. Any person, including
the industrial user, may petition MTMA to reconsider the terms of
a wastewater discharge permit or the denial of issuance of a wastewater
discharge permit within 30 days of notice of the issuance or denial.
(1)
Failure to submit a timely petition to reconsider shall be deemed
to be a waiver of any right to further review and administrative appeal.
(2)
In its petition to reconsider, the petitioner must indicate the wastewater
discharge permit provisions objected to, the reasons for the objection(s),
and the alternative condition(s), if any, it seeks to place in the
wastewater discharge permit.
(3)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the reconsideration.
(4)
If MTMA fails to act within 60 days following the submission of a
timely petition to reconsider, the request for reconsideration shall
be deemed to be denied.
D.
Wastewater discharge permit appeals. Any aggrieved person, including the industrial user, may, subsequent to petitioning for reconsideration as set forth in § 218-42C of this article, appeal from a denial of reconsideration to MTMA and shall receive a hearing before the MTMA Board, at which hearing the appealing party shall have an opportunity to present evidence before the Board on its behalf. A notice of appeal requesting a hearing date must be submitted to MTMA within 30 days of the issuance of a denial of reconsideration or within 30 days of an effective denial of reconsideration pursuant to § 218-42C(4) of this article.
(1)
Failure to submit a timely notice of appeal shall be deemed to be
a waiver of the administrative appeal.
(2)
The notice of appeal need only indicate that the appellant desires
to appeal from the denial of reconsideration and that the appellant
requests that a hearing date be set.
(3)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(4)
A hearing date will subsequently be set by MTMA, and the appealing
party shall be provided with adequate notice of the hearing date.
(5)
All testimony at such hearing shall be stenographically recorded
at the expense of the appealing party, and a full and complete record
shall be kept of the proceedings.
(6)
Within 60 days following the hearing date, the MTMA Board shall issue
its final adjudication of the matter. Such adjudication shall be in
writing, shall contain findings and the reasons for the adjudication,
and shall be served upon all parties or their counsel personally or
by mail pursuant to 2 Pa.C.S.A. § 555.
(7)
Aggrieved parties seeking judicial review of the final administrative
adjudication of the MTMA Board must do so by filing a petition for
review in the Court of Common Pleas of Allegheny County, Pennsylvania,
within 30 days of the issuance of the final adjudication of the MTMA
Board pursuant to 2 Pa.C.S.A. § 752, 42 Pa.C.S.A. § 933
and Pa.R.A.P. § 1512(a)(1).
E.
Wastewater discharge permit modification. MTMA may modify a wastewater
discharge permit for a good cause, including, but not limited to,
the following reasons:
(1)
To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
(2)
To address significant alterations or additions to the industrial
user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance.
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
(4)
Information indicating that the permitted discharge poses a threat
to MTMA's POTW, personnel or the receiving waters.
(5)
Violation of any terms or conditions of the wastewater discharge
permit.
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR § 403.13.
(8)
To correct typographical or other errors in the wastewater discharge
permit.
(9)
To reflect a transfer by the permittee of the facility ownership
or operation to a new owner or operator in accordance with the provisions
of this article.
F.
Wastewater discharge permit transfer.
(1)
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee give at least 60 days' advance notice
to MTMA and MTMA approves the wastewater discharge permit transfer
in writing. The notice to MTMA must include a written certification
by the new owner or operator, which:
(2)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
G.
Wastewater discharge permit revocation.
(1)
MTMA may revoke a wastewater discharge permit for a good cause, including,
but not limited to, the following reasons:
(a)
Failure to notify MTMA of significant changes to the wastewater
prior to the changed discharge.
(b)
Failure to provide prior notification to MTMA of changed conditions pursuant to § 218-43E of this article.
(c)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application.
(d)
Falsifying self-monitoring reports.
(e)
Tampering with monitoring equipment.
(f)
Refusing to allow MTMA timely access to the facility premises
and records.
(g)
Failure to meet effluent limitation.
(h)
Failure to pay fines.
(i)
Failure to pay sewer charges.
(j)
Failure to meet compliance schedules.
(k)
Failure to complete a wastewater survey of the wastewater discharge
permit application.
(l)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility.
(m)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this article.
(2)
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular industrial user are void upon the issuance
of a new wastewater discharge permit to that industrial user.
H.
Wastewater discharge permit reissuance. An industrial user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 218-41E of this article, a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall submit to MTMA a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become significant industrial users subsequent to the promulgation of an applicable categorical standard shall submit to MTMA a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production and standard industrial classifications
of the operation(s) carried out by such industrial user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR § 403.6(e).
(e)
Measurement of pollutants.
[1]
Identify the categorical pretreatment standards applicable to
each regulated process.
[2]
Submit the results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by MTMA, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 218-43J of this article.
(f)
Certification. A statement, reviewed by the industrial user's
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(g)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 218-43B of this article.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 218-43A(2)(g) of this article:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the industrial user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning
and conducting routine operation).
(2)
No increment referred to above shall exceed nine months.
(3)
The industrial user shall submit a progress report to MTMA no later
than 14 days following each date in the schedule and the final date
of compliance, including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay and, if appropriate,
the steps being taken by the user to return to the established schedule.
(4)
In no event shall more than nine months elapse between such progress
reports to MTMA.
C.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to MTMA a report containing the information described in § 218-43A(2)(a) through (f) of this article. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 218-41F of this article.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by MTMA but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 218-41F of this article.
(2)
All wastewater samples must be representative of the industrial user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean and maintained in good working order
at all times. The failure of an industrial user to keep its monitoring
facility in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge.
(3)
Where the applicable categorical pretreatment standard requires compliance
with a best management practice (BMP) or pollution prevention alternative,
the user shall submit documentation required by the MTMA or the pretreatment
standard necessary to determine the compliance status of the user.
At the discretion of the MTMA and in consideration of such factors
as local high or low flow rates, holidays, etc., the MTMA, may modify
the months during which reports are to be submitted.
[Added 12-27-2007 by Ord. No. 7-2007]
(4)
If an industrial user subject to the reporting requirement in this section monitors any pollutant more frequently than required by MTMA using the procedures prescribed in Subsection F of this section, the results of this monitoring shall be included in the report.
[Amended 12-27-2007 by Ord. No. 7-2007]
E.
Reports of changed conditions. Each industrial user must notify MTMA
of any planned significant changes to the industrial user's operations
or system which might alter the nature, quality or volume of its wastewater
at least 60 days before the change.
(1)
MTMA may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 218-41E of this article.
(3)
For purposes of this requirement, significant changes include, but
are not limited to, flow increases which are determined significant
by MTMA and the discharge of any previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine episodic nature, a noncustomary
batch discharge or a slug load, that may cause potential problems
for the POTW, an industrial user shall immediately telephone and notify
MTMA of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the industrial user.
(2)
Failure to notify MTMA of potential problem discharges shall be deemed
a separate violation of this article and the rules, regulations and
requirements established by MTMA.
(3)
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from nonpermitted users. All industrial users not required
to obtain a wastewater discharge permit shall provide appropriate
reports to MTMA as MTMA may require.
H.
Notice of violation; repeat sampling and reporting. If sampling performed
by an industrial user indicates a violation of this article and/or
pretreatment standards and/or requirements, the user must notify MTMA
within 24 hours of becoming aware of the violation. The industrial
user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to MTMA within 30 days after becoming aware
of the violation. The industrial user is not required to resample
if MTMA monitors at the industrial user's facility at least once
a month or if MTMA samples between the industrial user's initial
sampling and when the industrial user receives the results of this
sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch, other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed conditions must be submitted under § 218-43E of this article. The notification requirement in this section does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of Subsections A, C and D of this section.
(2)
Dischargers are exempt from the requirements of Subsection I(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(3). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under § 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the industrial user
must notify MTMA, the EPA Regional Waste Management Waste Division
Director and state hazardous waste authorities of the discharge of
such substance within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article and/or any
pretreatment standards and/or requirements, a permit issued pursuant
to this article, or any applicable federal or state law.
J.
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR, Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
K.
Sample collection.
(1)
Except as indicated in Subsection K(2) below, the industrial user must collect wastewater samples using flow-proportional-composite collection techniques. In the event flow-proportional sampling is infeasible, MTMA may authorize the use of time-proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides
and volatile organic compounds must be obtained using grab collection
techniques.
L.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
M.
Recordkeeping. Industrial users subject to the reporting requirements
set forth in this article shall retain and make available for inspection
and copying, all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of
information obtained pursuant to monitoring activities undertaken
by the industrial user independent of such requirements. Records shall
include the date, exact place, method and time of sampling and the
name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or
methods used; and the results of such analyses. These records shall
remain available for a period of at least three years. This period
shall be automatically extended for the duration of any litigation
concerning the industrial user or MTMA or where the industrial user
has been specifically notified of a longer retention period by MTMA.
A.
Right of entry; inspection and sampling. MTMA shall have the right
to enter the premises of any industrial user to determine whether
the industrial user is complying with all pretreatment standards and/or
requirements of this article, including any wastewater discharge permit
or order issued hereunder. Industrial users shall allow MTMA ready
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties.
(1)
Where an industrial user has security measures in force which require
proper identification and clearance before entry into its premises,
the industrial user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, MTMA
personnel will be permitted to enter without delay for the purposes
of performing specific responsibilities.
(2)
MTMA shall have the right to set up on the industrial user's
property or require installation of such devices as are necessary
to conduct sampling and/or metering of the industrial user's
operations.
(3)
MTMA may require the industrial user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the industrial user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated periodically to ensure
their accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the industrial user at the written or verbal request of MTMA and
shall not be replaced. The costs of clearing such access shall be
borne by the industrial user.
(5)
Unreasonable delays in allowing MTMA access to the industrial user's
premises shall be a violation of this article.
B.
Search warrants. If MTMA has been refused access to a building, structure
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this article and/or
any pretreatment standard and/or requirement, or that there is a need
to inspect and/or sample as part of a routine inspection and/or sampling
program of MTMA designed to verify compliance with this article and/or
pretreatment standards and/or requirements or any permit or order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then, upon application by the Solicitor
for MTMA to the appropriate magisterial district judge where the property
is located, a search warrant shall be sought by MTMA requesting that
a search be permitted and that a seizure be made of any pollutants
or samples of the same which are necessary to verify whether there
are any violations of this article and/or any pretreatment standard
and/or requirements.
Information and data on an industrial user obtained from reports,
surveys, wastewater discharge permit applications, wastewater discharge
permits and monitoring programs, and from MTMA's inspection and
sampling activities shall be available to the public without restriction,
unless the industrial user specifically requests and is able to demonstrate
to the satisfaction of MTMA that the release of such information would
divulge information, processes or methods of production entitled to
protection as trade secrets under applicable state law. Any such request
must be asserted at the time of submission of the information or data.
When requested and demonstrated by the industrial user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data,"
as defined by 40 CFR § 2.302, will not be recognized as
confidential information and will be available to the public without
restriction.
[Amended 12-27-2007 by Ord. No. 7-2007]
MTMA shall annually publish in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the POTW a list of industrial users which at any time during the
previous 12 months were in significant noncompliance with applicable
pretreatment standards and requirements. The term "significant noncompliance"
shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period, exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined by § 218-38D of this article;
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by § 218-38D of this article, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as
defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of POTW personnel or the general
public);
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment or has resulted in MTMA's
exercise of its emergency authority to halt or prevent such a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which MTMA determines will adversely affect
the operation or implementation of the local pretreatment program.
A.
Notification of violation. When MTMA finds that an industrial user
has violated or continues to violate any provision of this article
and/or any pretreatment standard and/or requirement, including the
provisions of a wastewater discharge permit or order issued hereunder,
MTMA may serve upon that industrial user a written notice of violation.
Within 30 days of the receipt of this notice, an explanation of the
violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
by the industrial user to MTMA. Submission of this plan in no way
relieves the industrial 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 MTMA to take any action, including
emergency action or any other enforcement action, without first issuing
a notice of violation.
B.
Consent orders. MTMA may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such documents will include specific action to be taken by the industrial user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 218-47D and E of this article and shall be judicially enforceable.
C.
Show cause hearing. MTMA may order an industrial user which has violated
or continues to violate any provision of this article and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, to appear before MTMA
and show cause why the 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, the reasons
for such action and a request that the industrial user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
industrial user. A show cause hearing shall not be a bar against or
prerequisite for taking any other action against the industrial user.
D.
Compliance orders. When MTMA finds that an industrial user has violated
or continues to violate any provision of this article and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, MTMA may issue an order
to the industrial user responsible for the discharge directing that
the industrial user come into compliance within a specified time.
If the industrial user does not come into compliance within the time
provided, sewer service may be discontinued unless adequate treatment
facilities, devices or other related appurtenances are installed and
properly operated. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the industrial user of liability
for any violation, including any continuing violation. Issuance of
a compliance order shall not be a bar against or a prerequisite for
taking any other action against the industrial user.
E.
Cease and desist orders.
(1)
When MTMA finds that an industrial user has violated or continues
to violate any provision of this article and/or pretreatment standard
and/or requirement, including the provisions of a wastewater discharge
permit or order issued hereunder, or that the industrial user's
past violations are likely to recur, MTMA may issue an order to the
industrial user directing it to cease and desist all such violations
and directing the industrial user to:
(a)
Immediately comply with all provisions of this article and all
pretreatment standards and/or requirements.
(b)
Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
(2)
Issuance of a cease and desist order shall not be a bar against or
a prerequisite for taking any other action against the industrial
user.
F.
Civil penalties.
(1)
In addition to proceeding under any other remedy available at law
or equity for violation of this article and/or pretreatment standards
and/or requirements, MTMA may assess a civil penalty upon an industrial
user for a violation of any provision of this article and/or pretreatment
standards and/or requirements, including the provisions of an industrial
user's discharge permit. The penalty may be assessed whether or not
the violation was willful or negligent. The civil penalty shall not
exceed $25,000 per day for each violation. Each violation for each
separate day shall constitute a separate and distinct defense under
this section. (35 P.S. § 752.4).
(2)
In assessing a civil penalty upon an industrial user, MTMA shall
serve a notice of assessment, either personally or by registered or
certified mail, within 30 days of the violation. The notice of assessment
shall indicate which provision(s) of this article and/or pretreatment
standards and/or requirements, including provisions of a discharge
permit or order, were violated, a description of the violation, the
date(s) of the violation(s) and the amount of the civil penalty assessed.
All civil penalties shall be calculated in accordance with the MTMA
written civil penalty assessment policy. The notice of assessment
shall also include a description of the applicable appeals process
to be followed, including the name, address and telephone number of
the person responsible for accepting such appeal, pursuant to 35 P.S.
§ 752.4.
(3)
MTMA may recover, as part of its civil penalty assessment, reasonable
attorneys' fees, court costs and other expenses associated with
enforcement activities, including sampling and monitoring expenses
and the cost of any actual damages sustained by MTMA.
(4)
Unless an appeal is filed to a civil penalty assessment, the assessment
must be paid in full to MTMA within 30 days of MTMA's issuance
of the notice of assessment.
G.
Civil penalty assessment appeals. Any industrial user which has been
assessed a civil penalty by MTMA for violation of this article and/or
pretreatment standards and/or requirements may appeal the assessment
and receive a hearing before the MTMA Board, at which hearing the
appealing party shall have an opportunity to present evidence before
the Board on its behalf. A notice of appeal requesting a hearing date
must be submitted to MTMA within 30 days of the issuance of the notice
of assessment by MTMA.
(1)
Failure to submit a timely notice of appeal shall be deemed to be
a waiver of the administrative appeal.
(2)
Notice of appeal must contain a description of the appellant's
defenses to the assessment and must describe, generally the evidence
which it intends to present at the hearing. The notice of appeal must
also indicate that the appellant requests that a hearing date be set.
(3)
A hearing date will subsequently be set by MTMA, and the appealing
party shall be provided with adequate notice of the hearing date.
(4)
All testimony at such hearings shall be stenographically recorded
at the expense of the appealing party, and a full and complete record
shall be kept of the proceedings.
(5)
Within 60 days following the hearing date, the MTMA Board shall issue
its final adjudication of the matter. Such adjudication shall be in
writing, shall contain findings and the reasons for the adjudication
and shall be served upon all parties or their counsel personally or
by mail, pursuant to 2 Pa.C.S.A. § 555.
(6)
Aggrieved parties seeking judicial review of the final administrative
adjudication of the MTMA Board must do so by filing a petition for
review in the Court of Common Pleas of Allegheny County, Pennsylvania,
within 30 days of the issuance of the final adjudication of the MTMA
Board pursuant to 2 Pa.C.S.A. § 752, 42 Pa.C.S.A. § 933
and Pa.R.A.P. § 1512(a)(1).
H.
Criminal prosecution. In addition to proceeding under any other remedy
available at law or equity for violation of this article and/or pretreatment
standards and/or requirements, if the violation also constitutes a
violation of the Clean Streams Law of the Commonwealth of Pennsylvania,
the Manager may request the District Attorney of Allegheny County
to file appropriate criminal charges under said law against the user.
I.
Emergency suspensions. MTMA may immediately suspend an industrial
user's discharge, after formal notice to the industrial user,
whenever such suspension is necessary to stop an actual or threatened
discharge which reasonably appears to present or cause an imminent
or substantial endangerment to the health or welfare of persons. MTMA
may also immediately suspend an industrial user's discharge,
after notice and opportunity to respond, that threatens to interfere
with the operation of the POTW or which presents or may present an
endangerment to the environment.
(1)
Any industrial user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, MTMA may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. MTMA may allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of MTMA that the period of endangerment has passed, unless the termination proceedings in § 218-47J of this article are initiated against the industrial user.
(2)
An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to MTMA prior to the date of any show cause or termination hearing under Subsection C or J of this section. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
J.
Termination of discharge.
(1)
In addition to the provisions in § 218-42G of this article, any industrial user who violates the following conditions is subject to discharge termination:
(a)
Violation of wastewater discharge permit conditions.
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(c)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge.
(d)
Refusal of reasonable access to the industrial user's premises
for the purpose of inspection, monitoring or sampling.
(e)
Violation of applicable pretreatment standards and/or requirements
as set forth in this article.
(2)
Such industrial user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause as set forth in § 218-47A of this article why the proposed action should not be taken. Exercise of this option by MTMA shall not be a bar to or a prerequisite for taking any other action against the industrial user.
K.
Injunctive relief. When MTMA finds that an industrial user has violated
or continues to violate any provision of this article and/or pretreatment
standards and/or requirements, MTMA may petition the Court of Common
Pleas of Allegheny County, Pennsylvania, through the Authority's
solicitor, for the issuance of a temporary or permanent injunction,
or both, as appropriate, which restrains or compels the adherence
to the provisions of this article and/or pretreatment standards and/or
requirements. In addition to an injunction, MTMA may request, and
the Court may grant in such proceedings, the levying of civil penalties
in accordance with 35 P.S. § 752.4. Such other action as
appropriate for legal and/or equitable relief may also be sought by
the Authority. A petition or complaint for injunctive relief need
not be filed as a prerequisite to taking any other action against
an industrial user.
L.
Remedies nonexclusive. The remedies set forth in this article are
not exclusive. MTMA may take any, all or any combination of these
actions against a noncompliant industrial user. Enforcement of pretreatment
and/or requirement violations will generally be in accordance with
MTMA's enforcement response plan. However, MTMA may take other
action against any industrial user when the circumstances warrant.
Further, MTMA is empowered to take more than one enforcement action
against any noncompliant industrial user.
A.
Performance bonds. MTMA may decline to issue or reissue a wastewater
discharge permit to any industrial user who has failed to comply with
any provision of this article and/or pretreatment standard and/or
requirement, including the provisions of a previous wastewater discharge
permit or order issued hereunder, unless such industrial user first
files a satisfactory bond, payable to MTMA, in a sum not to exceed
a value determined by MTMA to be necessary to achieve consistent compliance.
B.
Liability insurance. MTMA may decline to issue or reissue a wastewater
discharge permit to any industrial user who has failed to comply with
any provision of this article and/or pretreatment standard and/or
requirement, including the provisions of a previous wastewater discharge
permit or order issued hereunder, unless the industrial user first
submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.
C.
Water supply severance. Whenever an industrial user has violated
or continues to violate any provision of this article and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, water service to the industrial
user may be severed. Service will only recommence, at the industrial
user's expense, after it has satisfactorily demonstrated its
ability to comply.
D.
Public nuisances. Any violation of a provision of this article and/or
pretreatment standard and/or requirement, including the provisions
of a wastewater discharge permit or order issued hereunder, is hereby
declared a public nuisance and shall be corrected or abated as directed
by MTMA.
A.
Upset.
(1)
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the industrial user. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3) below are met.
(3)
An industrial user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs or other relevant evidence, that:
(a)
An upset occurred and the industrial user can identify the cause(s)
of the upset.
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
(c)
The industrial user has submitted the following information
to MTMA within 24 hours of becoming aware of the upset:
[1]
A description of the indirect discharge and cause of noncompliance.
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue.
[3]
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the industrial user seeking to establish
the occurrence of an upset shall have the burden of proof.
(5)
Industrial users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
Industrial users shall control production of all discharges to the
extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost or fails.
B.
Bypass.
(1)
For the purposes of this section:
(a)
"Bypass" means the intentional diversion of wastestreams from
any portion of an industrial user's treatment facility.
(b)
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economical loss caused by delays
in production.
(3)
Notice.
(a)
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to MTMA at least 10 days before the date
of the bypass, if possible.
(b)
An industrial user shall submit oral notice to MTMA of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours
from the time it becomes aware of the bypass. A written submission
shall also be provided within five days of the time the industrial
user becomes aware of the bypass. The written submission shall contain
a description of the bypass and its cause; the duration of the bypass,
including exact dates and times and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate and prevent reoccurrence of the bypass.
MTMA may waive the written report on a case-by-case basis if the oral
report has been received within 24 hours.
(4)
Bypass.
(a)
Bypass is prohibited and MTMA may take enforcement action against
an industrial user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage.
[2]
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes
or maintenance during normal periods of equipment down time. This
condition is not satisfied if adequate backup equipment should have
been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal periods of equipment
down time or preventive maintenance.
