[Ord. 525, 5/7/1996, Exhibit B, § 1]
The Upper Moreland-Hatboro Joint Sewer Authority, through the
industrial pretreatment program, has the legal authority to monitor
and enforce each standard or regulation applicable to users. This
authority is established in Upper Moreland-Hatboro Joint Sewer Authority
Resolution 245, Part 1B, and is applied to each user through a user
permit. It provides for user self-monitoring and inspections and sampling
by the Control Authority to determine compliance and utilizes the
enforcement response plan to provide uniform enforcement action for
noncompliance.
A.
Purpose and policy.
(1)
The pretreatment program regulations are set forth in Resolution
245, Part 1B, of the resolutions of Upper Moreland-Hatboro Joint Sewer
Authority. This Part 1H enables the Control Authority to comply with
federal and state pretreatment regulations and requirements governing
users.
(2)
Specifically, this Part 1H satisfies the federal and state (NPDES)
pretreatment requirements on legal authority contained in 40 CFR Part
403 as follows:
(a)
By mandating compliance with applicable federal, state and local
pretreatment standards for users.
(b)
By authorizing the General Manager to inspect and conduct surveillance
to verify the compliance status of users.
(c)
By requiring users to submit self-monitoring reports and other
data.
(d)
By providing power for the Control Authority to bring administrative,
civil or criminal actions to remedy noncompliance with pretreatment
standards.
(e)
By giving the General Manager the authority to deny or condition
new or increased contributions of pollutants by users, where such
contributions do not meet applicable pretreatment standards and requirements
or where such contributions would cause the POTW to violate any of
its permits.
(f)
By requiring users from all contributing municipalities to obtain
a wastewater discharge permit(s).
(g)
By empowering the General Manager to establish an implementation
schedule for compliance in each permit.
B.
Legal and technical terminology.
(1)
Abbreviations and acronyms. The following abbreviations and
acronyms, when used in this Part 1H, shall have the designated meanings:
(2)
ACT or THE ACT
ADMINISTRATIVE ORDER
BASELINE MONITORING REPORT
CONTROL AUTHORITY
ENVIRONMENTAL PROTECTION AGENCY
GENERAL MANAGER
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER or USER
INDUSTRIAL WASTE(S)
INTERFERENCE
ISOLATED
NOTIFICATION
PASS-THROUGH
PERSON
POLLUTANT
POLLUTION
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARD
PUBLICLY OWNED TREATMENT WORKS or POTW
PUBLIC NOTIFICATION
SELF-MONITORING REPORT or SMR
SHALL; MAY
SIGNIFICANT INDUSTRIAL USER
(a)
(b)
1)
2)
3)
(c)
SIGNIFICANT NONCOMPLIANCE
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
STATE
USER or INDUSTRIAL USER
VIOLATION
WASTEWATER
WATERS OF THE STATE
Definitions. Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this Part 1H, 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.
An enforcement document which directs a user to undertake
or to cease specified activities. Types of administrative orders are
cease and desist orders, consent orders, show cause orders and compliance
orders.
A report, to be submitted at least 90 days prior to commencement
of a discharge, containing the following: identifying information,
environmental permits, description of operation, flow measurements,
measurements of pollutants, certification, compliance schedule and
signatures and certification.
The Upper Moreland-Hatboro Joint Sewer Authority.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the administrator
or other duly authorized official of said agency, including the Regional
Water Management Division Director.
The person designated by the Control Authority to supervise
the operation of the POTW and who is charged with certain duties and
responsibilities by this Part 1H or duly authorized representative,
delegated by the General Manager.
The introduction of pollutants (including holding tank wastes)
into the POTW from any nondomestic source regulated under Section
307(b), (c) or (d) of the Act (33 U.S.C. § 1317).
A source of indirect discharge from an establishment which
discharges or introduces industrial wastes into the POTW.
Any liquid, gaseous, radioactive, solid or other substances,
not sewage, resulting from any manufacturing or industry or from an
establishment as herein defined and mine drainage, refuse, silt, coal
mines, coal collieries, breakers or other coal-processing operation.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW's treatment processes or operations or its sludge
processes, use or disposal and, therefore, is a cause of a violation
of the Control Authority'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: Section 405 of the Act[2]; the Solid Waste Disposal Act, including Title II, commonly
referred to as the "Resource Conservation and Recovery Act" (RCRA)[3]; 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[4]; the Toxic Substances Control Act[5]; and the Marine Protection, Research and Sanctuaries Act.[6]
A single incident that shall be followed by 12 consecutive
months of compliance for the same parameter or requirement.
Depending on the situation, generally, the submission of
information in response to an event or request to characterize the
nature of the event, condition, identification and/or estimation of
information, as required by Resolution 245, Part 1B.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of any requirement of the Control Authority'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
government entities. The masculine gender shall including the feminine,
and the singular shall include the plural where indicated by the context.
Any dredged spoil; solid waste; incinerator residue; filter
backwash; sewage; garbage; sewage sludge; munitions; medical wastes;
chemical wastes; biological materials; radioactive materials; heat;
wrecked or discarded equipment; rock; sand; cellar dirt; municipal,
agricultural and industrial wastes; and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water, such that harm to
human health or the environment results.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the POTW. This reduction
or alteration can be obtained by physical, chemical or biological
processes; 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 national pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned by the Control Authority.
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 POTW treatment plant.
The annual publishing, in the largest daily newspaper published
in the service area in which the POTW is located, of all violators
who have been determined to be in significant noncompliance with applicable
pretreatment requirements during the previous 12 months.
The user's compliance report, as mandated by the user's
permit, that is submitted, or schedule, covering the proper time period,
including all information required, and is properly signed. The report
shall include the parameters required, the number of measurements
for each parameter, sampling procedures, the discharge concentration
and completeness of other information required.
"Shall" is mandatory; "may" is permissive.
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, cooling, noncontact cooling and boiler
blowdown wastewater).
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant.
Is designed as such by the Control Authority on the basis that
it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or equipment.
Upon a finding that a user meeting the criteria in Subsection
(a) has no reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement,
the Control Authority 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.
A user is in significant noncompliance if its violation meets
one or more of the specific criteria set forth in 40 CFR 403.8(f)(2)(vii).
For purposes of this definition, a user is in significant noncompliance
if its violation meets one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit or the average limit multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; and
1.2 for all other pollutants except pH).
Any other violation of a pretreatment effluent limit (daily
maximum or average limit) that the Control Authority 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).
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under Resolution
245, Part 1B, or halts or prevents such a discharge.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local mechanism or enforcement order
for starting construction, completing construction or attaining final
compliance contained in Resolution 245, Part 1B, or in an enforcement
order.
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, periodic self-monitoring
and compliance reports with schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which the Control
Authority determines will adversely effect the operation or implementation
of the local pretreatment program.
The Commonwealth of Pennsylvania.
See "industrial user."
An instance of noncompliance with any requirement of Resolution
245, Part 1B, and/or this Part 1H.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
[Ord. 525, 5/7/1996, Exhibit B, § 2]
1.
General.
A.
In order to administer the Control Authority's Resolution 245,
Part 1B, an enforcement response plan has been developed to determine
whether users are complying with the pretreatment standards and requirements
of the user's wastewater discharge permit. This plan, known as
the "enforcement response plan," provides compliance screening and
compliance evaluation to determine how, when and at what level to
respond to noncompliance by users.
B.
The Control Authority designates the General Manager or a duly authorized
representative(s) as the public official with all responsibilities
associated with implementation of the enforcement response plan that
include taking appropriate actions and responses as required by the
enforcement response plan.
C.
To understand enforcement response plan, one must first understand
noncompliance terminology and its administrative enforcement responsibilities.
This relationship is as follows:
(1)
Noncompliance is the act of not meeting specified conditions
or requirements.
(2)
A violation is an instance of noncompliance.
(3)
All violations require that the user be notified by the Control
Authority.
(4)
All violations may require a formal enforcement response.
(5)
The level of formal enforcement response to significant noncompliance
is determined by the magnitude of the violation and violation history.
(6)
Formal enforcement responses require public notifications for
significant noncompliance.
2.
Enforcement evaluation. The determination of how and when to respond
to noncompliance is established through compliance screening, enforcement
evaluation and application of appropriate enforcement response procedures
and mechanisms. It requires the evaluation of the user's present
compliance status and past compliance records to determine the appropriate
enforcement response.
A.
Compliance screening.
(1)
This involves reviewing all available information to sort out
violations. This review assesses compliance with schedules, reporting
requirements, pretreatment standards and regulations.
(2)
The compliance screening process verifies that the reports are
submitted on schedule, that they cover the proper time period, include
all information required, and are properly signed. Also screened are
the parameters reported, the number of measurements for each parameter,
sampling procedures, the discharge concentration and completeness
of other information contained in the self-monitoring report.
(3)
Additional compliance screening is performed by the Control
Authority through compliance monitoring, facility inspections and
review of self-monitoring reports to assess compliance with pretreatment
standards and regulations independent of information supplied by users.
B.
Compliance evaluation.
(1)
When a violation of pretreatment standards or regulations is
identified during compliance screening, it is evaluated to determine
whether it is a noncompliance, technical review criteria or significant
noncompliance violation.
(2)
Nonsignificant violations are generally isolated violations
of pretreatment standards or regulations that do not cause interference
or pass-through at the POTW, endanger the health of sewage treatment
personnel or the public or damage the environment.
(3)
Technical review criteria (TRC) violations [as defined in § 18-195, Subsection B(2)] indicate that a problem is occurring, and a review of the current pretreatment process is warranted. This review should be used to identify any potential defects or needed changes which may have to be implemented to correct the problem.
(5)
Pursuant to the definition given for SNC, the Control Authority
recognizes the following items as additional types of SNC violations:
(a)
When a violation continues after notifying the user to resolve
the violation within a specified time frame or the violation is of
a serious nature, then it becomes a SNC violation.
(b)
Failure to analyze listed pollutants according to an approved
EPA procedure or an alternate analytical method approved by the General
Manager. The approved analytical method must have method detection
limits (MDL) lower than set categorical or local limits, unless the
user demonstrates matrix inhibition in the wastewater to the satisfaction
of the General Manager.
(6)
In addition to the above compliance evaluation, the compliance
history of the violation is considered for enforcement assessment.
3.
Formal enforcement response.
A.
Violations and discrepancies identified during compliance screening
and compliance evaluation are reviewed to determine the type of enforcement
response needed. The Control Authority's pretreatment program
requires an enforcement response plan to provide uniform enforcement
responses to pretreatment violations or discrepancies. The response
guide identifies types of responses that are appropriate, based on
the nature of the violation (i.e., effluent daily maximum, instantaneous
maximum or monthly average limit; reporting late or deficient; compliance
schedule beginning or completion date); duration of the violation
(i.e., single incident or recurring); and the potential impact of
the violation (i.e., interference, pass-through or POTW worker safety).
It also specifies the enforcement response time frame and identifies
the Control Authority's personnel authorized to initiate such
an enforcement response.
B.
When compliance screening and compliance evaluation has been completed,
the enforcement response prescribed in the Control Authority's
enforcement response plan will be applicable to the instance of noncompliance.
The prescribed responses will be implemented as follows:
(1)
Violations.
(a)
If the user is in violation of its wastewater discharge limits,
the user shall notify the General Manager within 24 hours of becoming
aware of the violation. The user shall repeat the sampling within
96 hours and shall submit the analytical results in writing within
30 days of the repeat sampling.
(b)
Where the user believes the first reported result(s) indicating
a violation may be in error, the user may submit additional data to
support its position with the repeat sampling results. If supported,
no further action shall be required.
(c)
Where the repeat sampling results show a return to compliance
and no further violation is identified during the thirty-day period,
no further action on the initial violation may be necessary.
(d)
Where the user believes its facility continues in violation
of its wastewater discharge permit, the user shall notify the General
Manager, and the ninety-six-hour repeat sampling requirement shall
commence at the point the user believes its facility has returned
to compliance. The user shall be considered in noncompliance with
pretreatment requirements.
(2)
If the user is in noncompliance with pretreatment requirements,
the user is notified with a notice of violation.
(3)
The notice of violation (NOV) is the first response to notify
the user of the need to comply with the Control Authority's wastewater
discharge limits. It states the violation of the user permit, requires
a plan for implementing a corrective action, an explanation of the
violation, and a response in writing with a specific time frame.
(4)
If the violation persists, was deliberate, or the explanation
of the violation or the plan of corrective action is inadequate and
significant noncompliance criteria is met, enforcement action may
be escalated. Enforcement includes consent orders, show cause hearings,
compliance orders, cease and desist orders and/or administrative fine(s),
which may escalate to civil penalties. There may also be emergency
suspensions of sewer service, termination of discharges, as well as
judicial remedies by way of injunctive relief, civil penalties and/or
criminal prosecution. Supplemental enforcement actions may include
performance bonds, liability insurance and requesting that proceeding
be brought pursuant to public nuisance laws.
(5)
If a user is in violation of other Control Authority administration
requirements that are not listed in the definition of SNC, no further
action on the initial violation will be taken as long as the violation
does not cause the Control Authority to incur regulatory agency sanctions
and the user complies with an administrative order.
C.
All enforcement responses and civil penalties will be issued and
imposed pursuant to the provisions of the Control Authority Resolution
245, Part 1B.
D.
All enforcement responses and user's responses are recorded
on a violation summary log. The violation summary log catalogues the
date of the enforcement action, the date of the user's response
and provides a narrative of the enforcement action taken, as well
as the user's response.
[Ord. 525, 5/7/1996, Exhibit B, § 3]
1.
General. Enforcement is considered for each violation or group of
violations that meet the definition of significant noncompliance.
The decision to pursue formal action is developed on the basis of
the nature of the violation, pattern of repetition, user's response
to the NOV, and its efforts to obtain compliance. The Control Authority
may require a show cause hearing associated with civil penalty if
the violations resulted in harm to the Control Authority personnel,
facilities or violated any federal, state or local regulations. The
first step of formal enforcement may commence with an administrative
order detailing milestones required to comply. The administrative
order shall also include all records of violation and duration of
its occurrence. All records are reviewed to assure that proper procedures
were used to collect information and that all contacts with the user
were recorded. If the user has received conflicting information regarding
its compliance status, that status is clarified in writing. A special
on-site review or inspection may be conducted to verify available
data and review analytical test results to confirm the accuracy of
the information contained in periodic reports.
2.
Notice of violation.
A.
Notice of violation.
(1)
This is the first written response to a noncompliance violation
of pretreatment standards or regulations. The notice of violation
may apply to all noncompliance violations and can be accompanied by
or followed by an administrative fine or other administrative enforcement
remedies, judicial enforcement remedies or enforcement action.
(2)
The notice of violation identifies the regulation violated,
requests an explanation of the noncompliance, requests a plan of corrective
action to resolve the noncompliance, requests a response within 30
days, is accompanied by an invoice if an administrative fine is levied,
identifies the date of the show cause hearing if a hearing is requested
by the General Manager and is sent by certified mail, return receipt
requested. In addition, it indicates that continued significant noncompliance
will be met with escalating enforcement activity. Administrative fines
and judicial civil penalties may be up to $25,000 per day for each
violation as defined in Table A, "Enforcement Response Procedure."
3.
Administrative orders, consent orders, show cause hearings, compliance
orders, cease and desist orders, emergency suspensions, termination
of discharge. Section 309(a)(3) of the Clean Water Act[1] authorizes the EPA to issue orders, without notice or
opportunity for prior hearing, to require compliance with standards
or other requirements of the Act.
[1]
Editor's Note: See 33 U.S.C. § 1319(a)(3).
4.
Administrative and judicial enforcement remedies.
A.
Judicial enforcement remedies may include injunctive relief, civil
penalties and/or criminal prosecution. A civil suit for injunctive
relief maybe initiated when the user does not execute steps necessary
to achieve or maintain compliance, when the violation is of such seriousness
to warrant court action to deter future violations or when the danger
does not permit lengthy negotiation of a settlement. If requested,
the court may issue a temporary restraining order or preliminary injunction
restraining the user from violating pretreatment standards or requirements
pending the outcome of the civil action if a harm to the POTW's
operation, its workers or receiving stream can be shown as a result
of an ongoing user violation. The administrative civil penalty or
judicial civil penalty may be up to $25,000 per day for each violation.
B.
The amount of civil penalty imposed depends on the nature of violation.
Civil penalty assessments shall be in accordance with Resolution 245,
Part 1B. This includes consideration of damage to air, water or land
arising from user discharges to the POTW; cost of restoration or abatement;
savings resulting from noncompliance; history of past violations;
deference of future violations; and any other relevant factors.
5.
Criminal prosecution.
A.
Criminal prosecution. Section 309(c) of the Clean Water Act[2] authorizes the federal government to seek criminal punishment
for any person who willfully or negligently violates pretreatment
standards, knowingly makes false statements regarding any report,
application, record or any other document required by general pretreatment
regulations. There may also be criminal prosecution under applicable
provisions of the Pennsylvania Crimes Code.[3] The determination to pursue violations through criminal
action will take into consideration the willfulness of the violation,
knowledge of the violation, nature and seriousness of the offense,
need for deterrence, compliance history of the user, adequacy of the
evidence and adequacy of penalties and sanctions available through
civil and administrative enforcement action.
B.
Examples of criminal intent include falsification of data, tampering
with results or equipment, willful or negligent failure to provide
notice of upset, slug or accidental discharge or willful violation
of the user permit. Parallel criminal and civil actions may be filed
for violations when immediate injunctive relief is necessary.
6.
Termination of services. Through resolutions, the Control Authority
maintains the authority to halt any actual or threatened discharge
of prohibited materials that may represent an endangerment to public
health, the environment or the POTW. Additionally, the Control Authority
can deny or condition new or increased discharges by the user or changes
in the nature of pollutant discharge by a user, if the discharge does
not meet pretreatment standards or causes the Control Authority to
violate any of its permits. Termination of service is a remedy to
be used to bring users into compliance by halting noncomplying discharges.
[Ord. 525, 5/7/1996, Exhibit B, § 3]
1.
General pretreatment regulations require that a list of violators
in significant noncompliance with pretreatment standards and regulations
during the previous twelve-month period be published annually in the
largest daily newspaper published in the boundaries of the service
area.
2.
The published list of violators in significant noncompliance with
pretreatment standards and regulations shall be in accordance with
Resolution 245, § 9 [Part 1B, § 119], "Publication
of Users in Significant Noncompliance."
