[Ord. 222, 7/15/2002, § 3; amended by Ord. 311,
8/20/2012, § V]
This Subpart sets forth uniform requirements for users of the
sewage collection system operated by the Township of Lower Heidelberg
and the publicly owned treatment works (POTW) operated by the Borough
of Sinking Spring and enables the borough 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 Subpart are:
(a)
To prevent the introduction of pollutants into the collection system
and the POTW (collectively, the "sewer system") that will interfere
with the operation of the collection system and the POTW;
(b)
To prevent the introduction of pollutants into the POTW which will
pass through the POTW inadequately treated, into receiving waters
or otherwise be incompatible with the POTW;
(c)
To protect sewer system personnel who may be affected by wastewater
and sludge in the course of their employment and to protect the general
public;
(d)
To improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW;
(e)
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the sewer system; and
(f)
To enable the borough 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.
[Ord. 222, 7/15/2002, § 3]
Except as otherwise provided herein, Township personnel, or
their designated representatives, shall administer, implement and
enforce the provisions of this Subpart.
[Ord. 222, 7/15/2002, § 3]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Subpart, 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.
U.S. Environmental Protection Agency, Region III, Philadelphia,
Pennsylvania.
The Township of Lower Heidelberg or, in appropriate cases,
acting by and through its authorized representatives.
[Amended by Ord. 311, 8/20/2012, § V]
If the user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for
the corporation; or
The manager of one or more manufacturing, production or operation
facilities, if authority to sign documents has been assigned or delegated
to the manager;
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively;
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or his/her designee.
The individuals described in Subsections (a) through (c) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Township.
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 [milligrams per
liter (mg/l)].
The Borough of Sinking Spring, Berks County, Pennsylvania,
a Pennsylvania municipal corporation acting by and through its Council
or, in appropriate cases, acting by and through its authorized representatives.
The Municipal Authority of the Borough of Sinking Spring,
or, in appropriate cases, acting by and through its authorized representatives.
The extension of the building drain from the curbline or
property line to the public sewer or other place of disposal.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 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 quantity of chlorine absorbed in water, sewage or other
liquids, allowing a residual of 0.1 ppm, after 15 minutes of contact.
Any pipes that are associated with the facilities owned and
operated by the Authority that convey wastewater to the POTW.
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One-hundred-percent transmittance
is equivalent to zero optical density.
A user who discharges domestic wastewater and wastewater
generated from preparation or supplying commodities and services such
as restaurants, car washes, gasoline stations and laundromats.
A permit to discharge liquid wastes which are not considered
industrial or domestic waste to the POTW.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The water discharged from any system of condensation such
as air conditioning, cooling or refrigeration.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The anhydrous residues of the dissolved constituents in water
or wastewater.
The normal water carrying household and toilet wastes from
residences, business buildings, institutions and industrial establishments.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as a separate business or as separate
living quarters by a family or other group of persons living together
or by a person living alone.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
For the purpose of determining the connected EDUs to the
collection system and projecting future flows to the POTW, EDUs shall
be calculated as follows: The quantity of flow which is equivalent
to the average amount of water consumed by a single residential unit.
The number of EDUs assigned to a residential dwelling unit, regardless
of water consumption, is one. The number of EDUs assigned to an industrial
or other nonresidential user is calculated by dividing the projected
flow of the user by the estimated flow of a residential unit. The
minimum number of EDUs assigned to any user shall be one.
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 Section
307 of the Act.
Solid waste resulting from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
A sample which is taken from a waste stream on a one-time
basis without regard to the flow in the waste stream and over a period
of time not to exceed 15 minutes.
Garbage that has been shredded to such a degree that all
its particles shall be carried freely under normal sewage flow conditions,
with no particle greater than 1/2 inch in any dimension.
Water which is standing in or passing through the ground.
Any property within the service area upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
A charge imposed upon industrial users of the POTW to recover
the treatment works capital expenditure used for the treatment of
industrial wastes.
Any improved property used, in whole or in part, for manufacturing,
processing, cleaning, laundering or assembling any product, commodity
or article; or from which any process waste, as distinct from domestic
waste, shall be discharged.
A source of indirect discharge industrial waste which does
not constitute a discharge of pollutants under regulations issued
pursuant to Section 402 of the Act (33 U.S.C. 11342).
Any liquid or gaseous substance, whether or not solids are
contained therein, discharged from any industrial establishment during
the course of any industrial, manufacturing, trade or business process
or in the course of the development, recovery or processing of natural
resources, as distinct from sanitary sewage.
A permit to deposit or discharge liquid industrial wastes
into the sewer system.
The water entering the sewer system and service connections
from the ground, through such means as, but not limited to, defective
pipes, pipe joints, connections and/or manhole walls. Infiltration
does not include, and is distinguished from, inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source; also known as "extraneous flow."
The water entering into the sewer system and service connections
from such sources as, but not limited to, roof leaders, cellar, yard
and area drains, foundation drains, cooling water discharges, drains
from springs and swampy areas, manhole covers, cross connections from
storm sewers and combined sewers, catch basins, storm waters, surface
runoff, street wash waters, or drainage. Inflow does not include,
and is distinguished from, infiltration.
The maximum concentration (or loading) 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 process or operations or its sludge processes, use or disposal
and, therefore, is a cause of a violation of the borough's NPDES
permit, including an increase in the magnitude or duration of a violation,
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 more stringent state or local regulations):
Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA),
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 SWDA;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
A shaft or chamber leading from the surface of the ground
to a sewer; large enough to enable a person to gain access to the
latter.
"May is permissive. "Shall" is mandatory.
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.
Milligrams per liter. Equivalent to parts per million (ppm)
by weight.
Any improved property in which shall be located more than
one dwelling unit.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act (33
U.S.C. 1347) which applies to a specific category of industrial users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR, Section 403.5.
Any building, structure, facility or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 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; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general 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 Subsections (a)(2) or (a)(3) above but otherwise
alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this section 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;
or
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; or
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.
Sewage when analyzed or caused to be analyzed by the Township
shows a daily average of not more than 250 mg/l of total suspended
solids, 300 mg/l of BOD, 500 mg/l of dissolved solids, 6.6 mg/l of
phosphorus and/or 25 mg/l of ammonia nitrogen.
Any wastes that can, in the Authority's judgment, harm
either the sewers or sewage treatment process or equipment, or in
the judgment of any municipality where the wastes are being carried,
can have an adverse effect upon its system; can have an adverse effect
upon the receiving stream; can otherwise endanger life, health or
property; or which constitutes a public nuisance.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the POTW service area within
the Township.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the borough'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 [i.e.,
pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand
(COD), toxicity, or odor].
The man-made or man-induced alteration oaf the chemical physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to (or in lieu of) introducing such pollutants
into the sewer system. 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 Subsection 286(a) of this Subpart.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. 1292) which is owned by the borough. 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.
The Cacoosing Creek.
Any pipe or conduit constituting a part of the sewer system,
or usable for sewage collection purposes.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
"Shall" is mandatory. "May" is permissive.
A user subject to categorical standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the sewer system (excluding sanitary, noncontact cooling and boiler
blowdown wastewater); or
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; or
Is designated as such by the Authority 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) above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or
requirement, the Authority may at any time, on its own initiative
or in response to a petition received from 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.
This denotes that the circumstances of a particular violation
are severe enough to meet the following criteria for significant noncompliance
(SNC):
Violations of wastewater discharge limits:
Chronic Violations. Sixty-six percent or more of the measurements
exceed the same daily maximum limit or the same average limit in a
six-month period (any magnitude of exceedance).
Technical Review Criteria (TRC) Violations. Thirty-three percent
or more of the measurements exceed the same daily maximum limit or
the same average limit by more than the following TRC in a six-month
period:
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Group I for conventional pollutants (BOD, TSS, fats, oil and
grease): TRC = 1.4.
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Group II for all other pollutants, except pH: TRC = 1.2.
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Any other violation(s) of an effluent limit that the borough
and/or the Authority believe has caused, alone (e.g., slug loads)
or in combination with other discharges, interference or pass through;
or endangered the health of the sewage treatment personnel or the
public.
Any discharge of pollutant that has caused imminent endangerment
to human health/welfare or to the environment and has resulted in
the exercise of emergency authority to halt or prevent such a discharge.
Violations of compliance schedule milestones contained in enforcement
orders as well as schedules contained in the industrial discharge
permits, for starting construction, completing construction, and attaining
final compliance by 90 days or more after the schedule date.
Failure to provide reports for compliance schedules, self-monitoring
data, or categorical standards (baseline monitoring reports, ninety-day
compliance reports, and periodic reports) within 30 days from the
due date.
Failure to accurately report noncompliance.
Any other violation or group of violations that the Authority
considers to be significant because it may adversely affect the operation
or implementation of the pretreatment program.
Any discharge at a flow rate or concentration which could
cause a violation of the prohibited discharge standards in Subsection
286(a) of this Subpart.
A permit to discharge liquid wastes which are not considered
commercial, industrial or domestic wastes to the sewer system.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snow
melt.
Any waste having a BOD, suspended solids, dissolved, solids,
ammonia nitrogen or phosphorus concentration in excess of that found
in normal domestic waste, but which is otherwise acceptable into the
sewer system under the terms of this Subpart.
A charge levied on any user of the POTW for the additional
cost of treating strong wastes.
The person designated by the borough to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this Subpart, or a duly authorized representative.
That portion of the precipitation which runs off over the
surface of the ground.
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.
A fee charged for the privilege to connect a new EDU to the
sewer system. The fee is established in conformance with Commonwealth
of Pennsylvania Act 203 and Act 209 of 1990 and as amended.
Solids that either float on the surface of, or are in suspension,
or dissolved in water, sewage or other liquids, and which are determined
by appropriate procedures found in the latest edition of "Standard
Methods for the Examination of Water and Sewage" published by the
American Public Health Association.
The Township of Lower Heidelberg, Berks County, Pennsylvania,
a Pennsylvania municipal corporation acting by and through its Supervisors
or, in appropriate cases, acting by and through its authorized representatives.
One of 126 pollutants, or combination of those pollutants,
listed as toxic in regulations promulgated by EPA under Section 307
(33 U.S.C. 1317) of the Act.
Any noxious and/or deleterious substances in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere
with any sewage treatment process, to constitute a hazard to humans
or animals, to create a public nuisance, or to create any hazard in
the sewer system.
The discharge from the POTW into waters of the United States.
A source of indirect discharge.
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 sewer system.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
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.
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The user of the singular shall be construed to include the plural
and the plural shall include the singular as indicated by the context
of its use.
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[Ord. 222, 7/15/2002, § 3]
The following abbreviations have the designated meanings:
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BOD
|
—
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Biochemical oxygen demand
|
|
CFR
|
—
|
Code of Federal Regulations
|
|
COD
|
—
|
Chemical oxygen demand
|
|
EPA
|
—
|
U.S. Environmental Protection Agency
|
|
gpd
|
—
|
Gallons per day
|
|
l
|
—
|
Liter
|
|
mg
|
—
|
milligrams
|
|
mg/L
|
—
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Milligrams per liter
|
|
NPDES
|
—
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National Pollutant Discharge Elimination System
|
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O&M
|
—
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Operation and maintenance
|
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POTW
|
—
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Publicly owned treatment works
|
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RCRA
|
—
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Resource Conservation and Recovery Act
|
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SIC
|
—
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Standard Industrial Classification
|
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SWDA
|
—
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Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
|
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TSS
|
—
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Total suspended solids
|
|
USC
|
—
|
United States Code
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[Ord. 222, 7/15/2002, § 3]
(a)
Permit Required to Clean or Construct. It shall be unlawful for any
person or persons to clean or authorize the cleaning of cesspools,
privy vaults or other receptacles for human excrement or to construct
or authorize the construction of any individual sewage disposal system
within the Township without first obtaining a permit from the Township.
(b)
Permit Fees. The cost of the permit referred to in Subsection (a) of this section shall be as determined from time to time by Township resolution.
(c)
Approval Required For Any Work; Regulations. Plans, specifications
and maintenance for any receptacle for human excrement to be constructed,
cleaned or maintained shall be approved by the Township or its authorized
representative before construction, cleaning or abandonment begins,
pursuant to the following rules:
(1)
No receptacle for human excrement shall be constructed or located
in front of the building line of any property.
(2)
When a receptacle for human excrement, including approved pattern
septic tank, has been completed, before it will be permissible to
have the same covered, the Township must be notified and approval
obtained.
(3)
All cesspools, privy vaults or other receptacles for human excrement
shall be cleaned whenever there is a need thereof or whenever directed
by the Township or any police officer of the Township, and all persons
engaged in cleaning of cesspools, privy vaults or other receptacles
for human excrement shall use covered receptacles for the removal
of said excrement.
(4)
When a cesspool, privy vault or other receptacle for human excrement
has become filled to within one-foot of the top, such cesspool, privy
vault or other receptacle for human excrement shall be declared a
nuisance and, upon due written notice from the Township, said nuisance
must be abated within a period of 10 days from the date of such notice.
(5)
When a cesspool, privy vault or other receptacle for human excrement
is to be abandoned, a cleaning permit must be secured, and the cesspool,
privy vault or other receptacle for human excrement must be cleaned
by having its contents removed and disposed of in a sanitary manner,
and application made to the Township in writing for an inspection
and, upon approval of the Township, the cesspool, privy vault or other
receptacle for human excrement is to be filled with clean earth, ashes,
cinders or other approved material.
[Ord. 222, 7/15/2002, § 3]
(a)
Connection Required; Notice. Every improved property located within
the Township and adjoining, abutting on, or being adjacent to any
part of the sewer system of the Township or abutting on or adjoining
any street or highway in which a sewer is located, or located within
150 feet of any part of the sewer system, shall be connected with
a sewer in such manner as the Township may order within 60 days after
notice to the owner of such improved property from the Township to
make such connection, for the purpose of discharge of all fecal matter;
human excrement; kitchen, commercial, industrial and laundry waste;
and other sewage from such premises, subject to such limitations and
restrictions as from time to time may be established by the Township.
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All such sewage, after such connection, shall be connected separately
and independently with a sewer through a service connection to be
designated in each case by the Township. Grouping of buildings upon
one service connection to a sewer shall not be permitted except under
special circumstances and for good sanitary reasons or other good
cause shown, with special permission granted by the Township. Such
notice by the Township to make such connection may be given by the
Township as soon as a sewer is in place which can receive and convey
sewage from the particular improved property.
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(b)
Failure to Comply with Connection Notice. If the owner of any property,
after 60 days' notice from the Township to make connection of such
improved property with a sewer, shall fail to make such connection,
the Township may make such connection and may collect from such owner
the cost thereof, together with any sewer connection or tapping fees
or penalties, as may be established by the Township and for the Authority
from time to time and/or as hereinafter set forth, if the same has
not been paid, by a municipal claim, an action of assumpsit or such
other legal proceedings as may be provided by law. Nothing contained
here shall be deemed to absolve any owner from the general penalty
provisions of this Subpart for violations thereof.
(c)
Placement and Manner of Connections. All sewer connections shall
be made at the place designated by the Township and/or the Authority
and where the lateral or service connection in the sewer is provided.
All joints shall be sealed, shall be airtight, and shall be made smooth
and clean inside so as to provide free flow of sewage matter without
any obstructions. All work pertaining to such connection with a sewer
shall be, financially and otherwise, the responsibility of the owner
of the improved property with which connection is made, subject to
the right of supervision and inspection herein by the Township and/or
the Authority.
(d)
Connection of Certain Facilities Prohibited. No privy vault, cesspool
or similar receptacle for human excrement at any time shall be connected
with the sewer system.
(e)
Discontinuance of Other Facilities Required. No privy vault, cesspool
or similar receptacle for human excrement hereafter shall be maintained
upon any premises from which connection with any sewer shall have
been made or shall be required to be made. Every such privy vault,
cesspool or other receptacle, at the discretion of the Township, shall
be abandoned, cleansed and filled under the direction and supervision
of the Township. Any such privy vault, cesspool or other receptacle
not so abandoned, cleansed and filled as required by this section
shall constitute a nuisance and such nuisance may be abated as provided
by law, at the expense of the owner of such property.
[Ord. 222, 7/15/2002, § 3]
(a)
Prohibited Discharge Standards.
(1)
General Prohibitions. No user shall introduce or cause to be
introduced into the sewer system any pollutant or wastewater which
causes pass through or interference. These general prohibitions apply
to all users of the sewer system whether or not they are subject to
categorical pretreatment standards or any other national, state or
local pretreatment standards or requirements.
(2)
Specific Prohibitions. No user shall introduce or cause to be
introduced into the sewer system the following pollutants, substances
or wastewater:
(i)
Pollutants which create a fire or explosive hazard in the sewer
system, including, but not limited to, waste streams with a closed-cup
flashpoint of less than 140° F. (60° C.) using the test methods
specified in 40 CFR 261.21;
(ii)
Wastewater having a pH less than 6.0 or more than 9.0, or otherwise
causing corrosive structural damage to the sewer system or equipment;
(iii)
Solid or viscous substances in amounts which
will cause obstruction of the flow to the sewer system resulting in
interference with the proper operation of the sewer system. Such substances
include but are not limited to ashes, cinders, sand, mud, straw, shavings,
metal, glass, bones, rags, feathers, tar, plastic, wood, paunch, manure,
butchers' offal, whole blood, bentonite, lye, building materials,
rubber, hair, leather, porcelain, china, ceramic wastes, asphalt,
paint, waxes, needles or syringes of any type, but in no case solids
greater than two inches in any dimension.
(iv)
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;
(v)
Wastewater having a temperature greater than 104° F. or
lower than 32° F., or which will inhibit biological activity in
the treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment
plant to exceed 104° (40° C.);
(vi)
Petroleum oil, nonbiodegrable cutting oil or products of mineral
oil origin, in amounts that will cause interference or pass through;
(vii)
Pollutants which result in the presence of toxic
gases, vapors or fumes within the sewer system in a quantity that
may cause acute worker health and safety problems;
(viii)
Trucked or hauled pollutants;
(ix)
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;
(x)
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the borough's NPDES
permit. Color (in combination with turbidity) shall not cause the
treatment plant effluent to reduce the depth of the compensation point
for photosynthetic activity by more than 10% from reasonably established
norm for aquatic life;
(xi)
Wastewater containing any radioactive wastes or isotopes except
as specifically approved by the Township in compliance with applicable
state or federal regulations;
(xii)
Stormwater, surface water, groundwater, sump
pump discharges, artesian well water, roof runoff, subsurface drainage,
swimming pool drainage, condensate, deionized water, noncontact cooling
water, and unpolluted wastewater, unless specifically authorized by
the Authority. Where unauthorized discharge of these waters into the
sewer system exists, they shall be remedied in a manner approved by
the Authority within 90 days of receipt of a notice from the Authority.
In the event such condition is not remedied, the Authority shall cause
the condition to be remedied at the owner's expense;
(xiii)
Sludges, screenings or other residues from the
pretreatment of industrial wastes;
(xiv)
Medical wastes, except as specifically authorized
by the Township in a wastewater discharge permit;
(xv)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(xvi)
Detergents, surface-active agents or other substances
which may cause excessive foaming in the POTW; or
(xvii)
Fats, oils or greases of animal or vegetable
origin in concentrations greater than 100 mg/l.
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Pollutants, substances or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the sewer system.
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(b)
Federal Categorical Pretreatment Standards. The National Categorical
Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts
405-471 are hereby incorporated.
(c)
State Pretreatment Standards. No state pretreatment standards exist
so, in their place, categorical pretreatment standards are hereby
incorporated.
(d)
Local Limits. The following pollutant limits are established to protect
against pass through and interference. No person shall discharge wastewater
containing in excess of the following instantaneous maximum allowable
discharge limits:
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900 mg/l
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BOD
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|
0.200 mg/l
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Cadmium
| |
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2.67 mg/l
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Chromium
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1.00 mg/l
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Copper
| |
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2.83 mg/l
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Cyanide
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2.00 mg/l
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Lead
| |
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0.00 mg/l
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Mercury
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2.00 mg/l
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Nickel
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100 mg/l
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Oil and grease (petroleum, mineral, or vegetable oil products)
| |
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2.00 mg/l
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Silver
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750 mg/l
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Total suspended solids
| |
|
2.55 mg/l
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Zinc
| |
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0.37 mg/l
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Tin
| |
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10.00 mg/l
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Iron
| |
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0.80 mg/l
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Phenol
| |
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0.025 mg/l
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Arsenic
| |
|
1,500 mg/l
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Total dissolved solids
| |
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19.8 mg/l
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Phosphorus
| |
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75 mg/l
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Ammonia nitrogen
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0.09 mg/l
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Selenium
|
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The above limits may be revised by resolution of the Authority
from time to time.
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The above limits apply at the point where the wastewater is
discharged to the POTW (end of the pipe). All concentrations for metallic
substances are for total metal unless indicated otherwise. The Authority
may impose mass limitations in addition to or in place of the concentration-based
limitations above.
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Deductions will be made from these limited substances equal
to the concentrations of each substance that is contained in the potable
water supply.
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(e)
Right of Revision. The Township and the Authority reserve the right
to adopt, from time to time by ordinance, resolution or in wastewater
discharge permits, such additional rules and regulations as they shall
deem necessary and proper relating to connection to and proper operation
of the sewer system, which rules and regulations shall be construed
as a part of this Subpart.
(f)
Special Agreement. The Township reserves the right to enter into
special agreements with users setting out special terms under which
they may discharge to the sewer system. In no case will a special
agreement waive compliance with a pretreatment standard or requirement.
However, a user may request a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15. A user also may request
a variance from the categorical pretreatment standard from the Approval
Authority. Such a request will be approved only if the user can prove
that factors relating to its discharge are fundamentally different
from the factors considered by EPA when establishing that categorical
pretreatment standard. A user requesting a fundamentally different
factor variance must comply with the procedural and substantive provisions
in 40 CFR 403.13.
(g)
Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Authority may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases where the imposition of mass limitations
is appropriate.
[Ord. 222, 7/15/2002, § 3]
(a)
Pretreatment Facilities. Users shall provide wastewater treatment
as necessary to comply with this Subpart and shall achieve compliance
with all categorical pretreatment standards, local limits and the
prohibitions set out in Subsection 286(a) of this Subpart within the
time limitations specified by the EPA, the state or the Authority,
whichever is more stringent. Any facilities necessary for compliance
shall be provided, operated and maintained at the user's expense.
Detailed plans describing such facilities and operating procedures
shall be submitted to the Authority for review, and shall be acceptable
to the Authority before such facilities are constructed. The review
of such plans and operating procedures shall in no way relieve the
user from the responsibility of modifying such facilities as necessary
to produce an acceptable discharge to the Authority under the provisions
of this Subpart.
(b)
Additional Pretreatment Measures. The Authority may provide legal
authority to do the following:
(1)
Whenever deemed necessary, the Authority may require 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 waste streams
from industrial waste streams, and such other conditions as may be
necessary to protect the sewer system and determine the user's
compliance with the requirements of this Subpart.
(2)
Each person discharging into the sewer system greater than 25,000
gallons per day or greater than 5% of the average daily flow into
the sewer system, whichever is less, shall install and maintain, on
his property and at his expense, a suitable storage and flow control
facility to ensure equalization of flow over a twenty-four-hour period.
The facility shall have a capacity for at least 50% of the daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the Authority. A wastewater
discharge permit may be issued solely for flow equalization.
(3)
Users with the potential to discharge flammable substances may
be required to install and maintain an approved combustible gas detection
meter.
(c)
Accidental Discharge/Slug Control Plans. At least once every two
years the Authority shall evaluate whether each significant industrial
user needs an accidental discharge/slug control plan. The Authority
may require the user to develop, submit for approval and implement
such a plan. Alternatively, the Authority may develop such a plan
for any user. An accidental discharge/slug control plan 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 the POTW of any accidental
or slug discharge, as required by Subsection 292(f) of this Subpart;
and
(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. Hauled waste will not be accepted into the sewer
system without prior written approval from the Authority.
(e)
Grease and oil interceptors.
(1)
Grease and oil interceptors shall be provided when, in the opinion
of the Authority, based on sound engineering standards, they are necessary
for the proper handling of liquid wastes containing grease and oil
in excessive amounts or any flammable wastes, or other harmful ingredients,
except that such interceptors shall not be required for private living
quarters or dwelling units.
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All interceptors shall be of a type and capacity designed by
the owner's licensed plumber or registered engineer and approved
by the Authority and shall be located so as to be readily and easily
accessible for cleaning and inspection. All interceptors shall be
supplied and properly maintained continuously in satisfactory and
effective operation by the owner at the owner's expense.
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(2)
All restaurants, grocery stores, fast food and auto-related
establishments not now existing shall provide a grease interceptor
of 1,000 gallons capacity or larger between the kitchen and the sewer
system. Grease interceptors shall be installed with an access manhole
brought up to or slightly above grade for easy cleaning. Where unusual
conditions which make the provisions of this subsection prohibitive
or not required, an alternative system approved by the Authority can
be utilized provided it removes oil and grease to levels below those
fixed in this Subpart. The design shall prevent the entry of surface
water into the grease interceptor.
(3)
All existing restaurants, grocery stores, fast food and auto-related
establishments presently operating without a grease interceptor shall
be required to install a grease trap or interceptor within six months
of the date of enactment of this Subpart whenever it is deemed necessary
by the Authority to prevent grease from entering the sewer system.
(4)
When installed, all grease and oil interceptors and traps shall
be maintained at the owner's expense, in continuously efficient
operation at all times. All interceptors and traps shall be pumped
and/or cleaned by a licensed hauler at least every three months or
more often if deemed necessary by the Authority. The Authority shall
be provided with one day's advance notice of the proposed cleaning,
in case Authority personnel want to inspect the unit and the cleaning
operation. Within two weeks of the cleaning by the licensed hauler,
the owner shall provide the Authority with a written report supplied
by the hauler to verify that the cleaning was performed. An inspection
of existing conditions may be made by authorized Authority or Township
personnel at any time it appears that there may be a problem. At its
discretion, the Authority may reduce the frequency of pumping/cleaning,
upon written request by the owner.
(5)
No hot water, acids, caustics, solvents or emulsifying agents
shall be used when cleaning the grease and oil interceptor.
(6)
No bacteria products designed for use in treating grease and
oil interceptors and traps may be used without the prior written approval
of the Authority.
(7)
Wastewater from toilets, urinals and wash basins shall not flow
through any interceptor or trap.
[Ord. 222, 7/15/2002, § 3]
(a)
Volume to be Based on Water Usage.
(1)
The volume of flow used in computing surcharges shall be metered
water consumption of the person as shown in the records of meter readings
maintained by the Pennsylvania American Water Company, or its successors.
(2)
Where the person discharging wastes into the sewer system procures
any part, or all, of his water supply from sources other than the
Pennsylvania American Water Company, or its successors, all or part
of which is discharged into the sewer system, the person discharging
said waste shall install and maintain, at his own expense, water meters
of a type approved by the Authority for the purpose of determining
the proper volume of flow to be used.
(b)
Deduction Authorized Where Water Flow Does Not Represent Waste Discharged.
In the event that an establishment discharging industrial wastes into
the sewer system produces evidence satisfactory to the Authority that
more than 10% of the total annual volume of water used for all purposes
does not reach the sewer system, then the determination of the total
water consumption to be used in determining the industrial wastes
discharged into the sewer system shall be determined by the use of
water meters installed to meter the flow of water which does not ultimately
reach the sewer system and deducting the measurement from the measurements
of the master water meter or meters. In the event it is impossible,
in the opinion of the Authority, to meter the flow not reaching the
sewer system, then this quantity may be estimated by the Authority
and may be agreed upon between the Authority and the persons representing
the establishment.
(c)
Sewage Metering. Sewage metering may be required by the Authority
in those cases in which there is no other method of determining the
volume of industrial wastes or sanitary sewage entering the sewage
system. The metering equipment shall be installed and maintained by
the user at his own cost. The Authority requires that a meter manufacturer's
certificate of calibration be issued to the user annually by the owner
of the meter. A copy of the certificate of calibration shall also
be supplied by the Authority. The Authority shall be allowed continuous
access to said meter. Following the installation of such meters and
approval of the installation by the Authority, such meters may not
be removed without the approval of the Authority.
[Ord. 222, 7/15/2002, § 3]
(a)
Wastewater Analysis. When requested by the Authority, a user must
submit information on the nature and characteristics of its wastewater
within 30 days of the request. The Authority is authorized to prepare
a form for this purpose and may periodically require users to update
this information.
(b)
Wastewater Discharge Permit Requirement.
(1)
No significant industrial user shall discharge wastewater into
the sewer system without first obtaining a wastewater discharge permit
from the Authority, except that a significant industrial user that
has filed a timely application pursuant to Subsection (c) of this
section may continue to discharge for the time period specified therein.
(2)
The Authority may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this Subpart. A
fee for other user discharge would follow the schedule established
by the Authority from time to time.
(3)
Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this Subpart and subjects the
wastewater discharge permittee to the sanctions set out in Sections
296 through 298 of this Subpart. 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 Conditions. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the sewer system prior to the effective date of this Subpart and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Authority for a wastewater discharge permit in accordance with Subsection (e) of this Section, and shall not cause or allow discharges to the Authority to continue after 90 days of the effective date of this Subpart except in accordance with a wastewater discharge permit issued by the Authority.
(d)
Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the sewer system must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection (e) of this section, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.
(e)
Wastewater Discharge Permit Application Contents. All users required
to obtain a wastewater discharge permit must submit a permit application.
The Authority may require all users to submit as part of an application
the following information:
(1)
All information required by Section 292(a)(2) of this Subpart;
(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 sewer system.
(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; and
(8)
Any information as may be deemed necessary by the Authority
to evaluate the wastewater discharge permit application.
(9)
An application fee to be paid to the Authority upon submitting
a completed permit application, the amount of which may be set by
resolution of the Authority from time to time.
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Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision.
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(f)
Application Signatories and Certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
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"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 fines for knowing violations."
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(g)
Wastewater Discharge Permit Decisions. The Authority will evaluate
the data furnished by the user and may require additional information.
Within 30 days of receipt of a complete wastewater discharge permit
application, the Authority will determine whether or not to issue
a wastewater discharge permit. The Authority may deny any application
for a wastewater discharge permit.
[Ord. 222, 7/15/2002, § 3]
(a)
Wastewater Discharge Permit Duration. A wastewater discharge permit
shall be issued for a specified period, not to exceed five years from
the effective date of the permit. A wastewater discharge permit may
be issued for a period less than five years, at the discretion of
the Authority. 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 as are reasonably deemed necessary by
the Authority to prevent pass through or interference, protect the
quality of the water body receiving the POTW's effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the sewer system.
(1)
Wastewater discharge permits must contain the following conditions:
(i)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(ii)
A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the Authority, and
provisions for furnishing the new owner or operator with a copy of
the existing wastewater discharge permit;
(iii)
Effluent limits based on applicable pretreatment
standards;
(iv)
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; and
(v)
A statement of applicable civil, criminal and administrative
penalties for violation of pretreatment standards and requirements,
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state or local law.
(2)
Wastewater discharge permits may contain, but need not be limited
to, the following special conditions:
(i)
Limits on the average and/or maximum rate of discharge, time
of discharge and/or requirements for flow regulation and equalization;
(ii)
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;
(iii)
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;
(iv)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the sewer system;
(v)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the sewer system;
(vi)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(vii)
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; and
(viii)
Other conditions as deemed appropriate by the
Authority to ensure compliance with this Subpart, and state and federal
laws, rules and regulations.
(c)
Wastewater Discharge Permit Appeals. Any person, including the user,
may petition the Authority to reconsider the terms of a wastewater
discharge permit within 30 days of its issuance.
(1)
Failure to submit a timely petition for review shall be deemed
to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(3)
The effectiveness of the wastewater discharge permit shall not
be stayed pending the appeal.
(4)
In the event of an appeal, the Authority shall conduct a hearing
and decide the appeal as provided by administrative law and procedure.
In the event, after hearing and decision, the appealing party wishes
to make a further appeal, it may do so by filing an appropriate appeal
to the Court of Common Pleas of Berks County within 30 days of the
final decision of the Authority.
(d)
Wastewater Discharge Permit Modification. The Authority may modify
the wastewaster discharge permit for good cause including, but not
limited to, the following:
(1)
To incorporate any new or revised federal, state or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's
operation, processes or wastewater volume or character since the time
of wastewater discharge permit issuance;
(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 the POTW or Authority 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; or
(9)
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator.
(e)
Wastewater Discharge Permit Transfer. Wastewater discharge permits
may be reassigned or transferred to a new owner and/or operator only
if the permittee gives at least 60 days' advance notice to the
Authority and the Authority approves the wastewater discharge permit
transfer. The notice to the Authority must include a written certification
by the new owner and/or operator which:
(1)
States that the new owner and/or operator has no immediate intention
to change the facility's operations and processes;
(2)
Identifies the specific date on which the transfer is to occur;
and
(3)
Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
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Failure to provide advance notice of a transfer renders the
wastewater discharge permit voidable as of the date of facility transfer.
| ||
(f)
Wastewater Discharge Permit Revocation. Wastewater discharge permits
may be revoked for, but not limited to, the following reasons:
(1)
Failure to notify the Authority of significant changes to the
wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the Authority of a
changed condition pursuant to Section 292(e) of this Subpart;
(3)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Authority timely access to the facility
premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this Subpart.
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Wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
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(g)
Wastewater Discharge Permit Reissuance. A user with an expiring wastewater
discharge permit shall apply for wastewater discharge permit reissuance
by submitting a complete permit application, in accordance with Subsection
289(e) of this Subpart, a minimum of 90 days prior to the expiration
of the user's existing wastewater discharge permit. An application
fee shall be submitted along with the completed permit application
pursuant to current Authority fee schedule referred to in Section
289(e)(9) above.
(h)
Commercial Wastewater Discharge Permit. In the event that a user
with a commercial connection contributes all or a portion of its wastewater
to the Sewer System, the Authority may require such commercial user
to apply for and obtain a commercial wastewater discharge permit.
The Authority may require a commercial user to have a discharge permit,
if in the opinion of the Authority it is necessary, in order for the
borough to operate and maintain the POTW and meet its NPDES requirements.
(1)
A commercial wastewater discharge permit application shall include:
(i)
A description of the quality and volume of the wastewater at
the point where it enters the Sewer System;
(ii)
Such information as may be required by the borough;
(iii)
An application fee, to be submitted along with
the completed application as set by resolution of the Authority from
time to time.
(2)
A commercial wastewater discharge permit may include, but not
be limited to, the following:
(3)
Violation of the terms and conditions of the commercial user's
wastewater discharge permit subjects the commercial user to the sanctions
set out in Sections 296 through 298 of this Subpart.
[Ord. 222, 7/15/2002, § 3]
(a)
Permit Required. It shall be unlawful for any person, firm or corporation
to engage in any construction, demolition, renovation, excavation,
examination or any procedure whatsoever that affects the sewer system
of the Authority until a permit for said work is first secured from
the Authority and/or the Township, such permit to be in a form prescribed
by the Authority and/or the Township. The police officers or the Zoning
Officer of the Township shall promptly prohibit any work being done
without a proper permit or contrary to the terms thereof.
(b)
Permit Procedure. Permits for any work as aforesaid affecting the
sewer system shall be obtained in the following manner:
(1)
Application in writing shall be made on the appropriate form
and signed by the person, firm or corporation doing the proposed work,
setting out the location of the work, purpose, type of work, potential
effect on the public sewer system, procedures to be employed, safety
precautions both for individuals and to protect the public sewer system
and anticipated duration of the work.
(2)
Upon approval of the application by the Authority Engineer,
the applicant shall pay all necessary fees and receive from the Authority
and/or the Township a permit to perform the required work.
(3)
Said permit shall be available for inspection upon request by
the proper officials.
(c)
Failure to Perform Work Satisfactorily. In the event that the applicant
damages the sewer system and fails to properly repair the same promptly,
the proper Authority officials or employees shall restore and repair
the public sewer system, keeping an accurate account of the cost thereof
and furnishing the same to the Authority Engineer whose duty it shall
be to certify to the Authority the total cost of such restoration
or repair. The applicant and the property owner, if other than the
applicant, shall be jointly and severally liable to the Authority
for said total costs incurred.
(d)
Guarding of Work; Assumption of Liability. All persons, firms or
corporations granted a permit for work affecting the sewer system
shall, at all times, maintain suitable barricades, guards, warning
signals, etc., as may be necessary to prevent injury to any person
or vehicle by reason of the work and then shall assume all risks and
be liable for all damages by reason of said work, both to individuals
and property, public or private. In no case shall any work or the
result thereof be considered in the charge or care of the Authority
or any officer or person employed by the Authority and no officer
or employee is authorized to, in any way, take or assume any jurisdiction
over said work. However, if any person, firm or corporation causing
the work to be done deems it to their advantage to employ or utilize
the same workmen as do similar work for the Authority, they may do
so subject to the above assumptions of liability.
[Ord. 222, 7/15/2002, § 3]
(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 categorical users currently discharging to or scheduled to discharge to the sewer system shall be required to submit to the Authority a report which contains the information listed in Subsection (2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Authority a report which contains the information listed in Subsection (2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2)
Users described above shall submit the information set forth
below.
(i)
Identifying Information. The name and address of the facility,
including the name of the operator and owner.
(ii)
Environmental Permits. A list of any environmental control permits
held by or for the facility.
(iii)
Description of Operations. A brief description
of the nature, average rate of production and standard industrial
classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates
points of discharge to the sewer system from the regulated processes.
(iv)
Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the sewer system from
regulated process streams and other streams, as necessary, to allow
use of the combined waste stream formula set out in 40 CFR 403.6(e).
(v)
Measurement of Pollutants.
1.
The categorical pretreatment standards applicable to each regulated
process.
2.
The results of sampling and analysis identifying the nature
and concentration (and/or mass, where required by the standard or
by the Township and/or the Authority) 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 Subsection
(j) of this section.
3.
Sampling must be performed in accordance with procedures set
out in Subsection (k) of this section.
(vi)
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment, is required to meet the pretreatment
standards and requirements.
(vii)
Compliance Schedule. If additional pretreatment
and/or O&M will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment and/or O&M shall be used. 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 Subsection (b)
of this section.
(viii)
Signature and Certification. All baseline monitoring
reports must be signed and certified in accordance with Section 289(f)
of this Subpart.
(b)
Compliance Schedule Progress Report. The following conditions shall
apply to the schedule required by Subsection (a)(2)(vii) of this section:
(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 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, beginning and conducting routine operation);
(2) no increment referred to above shall exceed nine months; (3) the
user shall submit a progress report to the Authority 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;
and (4) in no event shall more than nine months elapse between such
progress reports to the Authority.
(c)
Report 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
Sewer System, any user subject to such pretreatment standards and
requirements shall submit to the Authority a report containing the
information described in Subsections (a)(2)(iv) through (vi) of this
section. For 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 user's
long-term production rate. For all other users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge
per unit of production (or other measure of operation), this report
shall include the user's actual production during the appropriate
sampling period. All compliance reports must be signed and certified
in accordance with Section 289(f) of this Subpart.
(d)
Periodic Compliance Reports.
(1)
All significant industrial users shall, at a frequency determined
by the Authority 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 Section 289(f) of this Subpart.
(2)
All wastewater samples must be representative of the 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 a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(3)
If a user subject to the reporting requirement in this Subsection
monitors any pollutant more frequently than required by the Authority,
using the procedures prescribed in Subsection (k) of this section,
the results of this monitoring shall be included in the report.
(e)
Report of Changed Conditions. Each user must notify the Authority
of any planned significant changes to the user's operations or
system which might alter the nature, quality or volume of its wastewater
at least 30 days before the change.
(1)
The Authority may require the user to submit such information
as may be deemed necessary to evaluate the changed condition, including
the submission of a wastewater discharge permit application under
Section 289(e) of this Subpart.
(2)
The Authority may issue a wastewater discharge permit under
Section 289(g) of this Subpart or modify an existing wastewater discharge
permit under Section 290(d) of this Subpart in response to changed
conditions or anticipated changed conditions.
(3)
For purposes of this requirement, significant changes include,
but are not limited to, flow increases of 10% or greater, 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 sewer system, the user shall immediately telephone
and notify the Authority of the incident. This notification shall
include the location of the discharge, type of waste, concentration
and volume (if known) and corrective actions taken by the user.
(2)
Within five days following such discharge, the user shall, unless
waived by the Authority, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the sewer system, natural
resources, or any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties or other
liability which may be imposed pursuant to this Subpart.
(3)
Failure to notify the Authority of potential problem discharges
shall be deemed a violation of this Subpart.
(4)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection (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 Unpermitted Users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Authority as the Authority may require.
(h)
Notice of Violation/Repeat Sampling and Reporting. If sampling performed
by a user indicates a violation, the user must notify the Authority
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Authority within 30 days after becoming aware
of the violation. The user is not required to resample if the Authority
monitors at the user's facility at least once a month, or if
the Authority samples between the user's initial sampling and
when the user receives the results of this sampling.
(i)
Notification of the Discharge of Hazardous Waste. The discharge of
hazardous waste into the sewer system is prohibited.
(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 (2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is unfeasible, the Authority 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 chemicals 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 State Postal Service,
the date of receipt of the report shall govern.
(m)
Recordkeeping. Users subject to the reporting requirements of this
Subpart shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this Subpart and any additional records of information
obtained pursuant to monitoring activities undertaken by the 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 user, the Authority
and/or the Township, or where the user has been specifically notified
of a longer retention period by the Authority.
[Ord. 222, 7/15/2002, § 3]
(a)
Right of Entry: Inspection and Sampling. The Authority shall have
the right to enter the premises of any user to determine whether the
user is complying with all requirements of this Subpart, and any permit
or order issued hereunder. Users shall allow the Authority 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 a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Authority will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
(2)
The Authority shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations,
including but not limited to control manholes.
(3)
The Authority may require the user at the user's expense
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the user at its own expense.
All devices used to measure wastewater flow and quality shall be calibrated
quarterly to ensure their accuracy and certificates of calibration
shall be sent to the Authority.
(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 user at the written or verbal request of the Authority and
shall not be replaced. The costs of clearing such access shall be
borne by the user.
(5)
Unreasonable delays in allowing the Authority access to the
user's premises shall be a violation of this Subpart.
(6)
All costs incurred by the Authority pursuant to this section
shall be paid by the user.
(b)
Search Warrants. If the Authority 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 Subpart,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Authority designed to verify
compliance with this Subpart or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, then the Authority may seek issuance of a search and/or
seizure warrant from the Berks County Court of Common Pleas.
[Ord. 222, 7/15/2002, § 3]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the Authority's inspection
and sampling activities shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate,
to the satisfaction of the Authority, that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets under applicable federal or state law.
Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
[Ord. 222, 7/15/2002, § 3]
If required by the borough, the Authority shall publish annually,
in the largest daily newspaper published in the municipality where
the POTW is located, a list of the users which, during the previous
12 months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term "significant noncompliance" shall
mean:
(a)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(b)
Technical Review Criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit 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 discharge violation that the borough believes 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 the Authority'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 the Authority determines will adversely
affect the operation or implementation of the local pretreatment program.
[Ord. 222, 7/15/2002, § 3]
(a)
Notification of Violation. When the Authority finds that a user has
violated (or continues to violate) any provision of this Subpart,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Authority may serve upon
that user a written notice of violation. Within seven 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 user to the Authority.
Submission of this plan in no way relieves the user of liability for
any violations occurring before or after receipt of the notice of
violation. Nothing in this section shall limit the authority of the
Authority and/or the Township to take any action, including emergency
actions or any other enforcement action, without first issuing a notice
of violation.
(b)
Consent Orders. The Authority may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections (d) and (e) of this section and shall be judicially enforceable.
(c)
Show Cause Hearing. The Authority and/or the Township may order a
user which has violated or continues to violate any provision of this
Subpart, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, to appear before
the Authority and/or the Township and show cause why the proposed
enforcement action should not be taken. Notice shall be served on
the user specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action, and a request that
the user show cause why the proposed enforcement action should not
be taken. The notice of the meeting shall be served personally or
by registered or certified mail, return receipt requested, postage
prepaid, at least 10 days prior to the hearing. Such notice may be
served on any authorized representative of the user. A show cause
hearing shall not be a bar against, or prerequisite for, taking any
other action against the user.
(d)
Compliance Orders. When the Authority finds that a user has violated
or continues to violate any provision of this Subpart, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Authority and/or the Township may issue
an order to the user responsible for the discharge directing that
the user come into compliance within 15 days. If the user does not
come into compliance within 30 days, sewer service shall be discontinued
unless adequate treatment facilities, devices or other related appurtenances
are installed and properly operated. Compliance orders may also 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 federal pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(e)
Cease and Desist Orders. When the Authority finds that a user has
violated (or continues to violate) any provision of this Subpart,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past
violations are likely to recur, the Authority and/or the Township
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
(1)
Immediately comply with all requirements; and
(2)
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.
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Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
|
(f)
Administrative Fines.
(1)
When the Authority finds that a user has violated or continues
to violate any provision of this Subpart, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the Authority and/or the Township may fine such user in an amount
not to exceed $1,000. Such fines shall be assessed on a per violation,
per day basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation.
(2)
Unpaid charges, fines, and penalties shall, after 15 calendar
days, be assessed an additional penalty of 10% of the unpaid balance,
and interest shall accrue thereafter at a rate of 1% per month. A
lien against the user's property will be sought for unpaid charges,
fines and penalties.
(3)
Users desiring to dispute such fines must file a written request
for the Authority to reconsider the fine along with full payment of
the fine amount within 10 days of being notified of the fine. Where
a request has merit, the Authority and/or the Township may convene
a hearing on the matter. In the event the user's appeal is successful,
the payment, together with any interest accruing thereto, shall be
returned to the user. The Authority and/or the Township may add the
costs of preparing administrative enforcement actions, such as notices
and orders, to the fine.
(4)
Issuance of an administrative fine shall not be a bar against,
or a prerequisite for, taking any other action against the user.
(g)
Emergency Suspensions. The Authority may immediately suspend a user's
discharge (after informal notice to the user) whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The Authority may also immediately
suspend a user's discharge (after notice and opportunity to respond)
that threatens to interfere with the operation of the sewer system,
or which presents or may present an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a user's
failure to immediately comply voluntarily with the suspension order,
the Authority 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.
The Authority may allow the user to recommence its discharge when
the user has demonstrated to the satisfaction of the Authority that
the period of endangerment has passed, unless the termination proceedings
in Subsection (h) of this section are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence, to the Authority prior to
the date of any show cause or termination hearing under Subsections
(c) and (h) of this section.
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Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
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(h)
Termination of Discharge. In addition to the provisions in Section
289(f) of this Subpart, any user who violates the following conditions
is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling; or
(5)
Violation of the pretreatment standards in Section 286 of this
Subpart.
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Such user will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause under Subsection
(c) of this section why the proposed action should not be taken. Exercise
of this option by the Authority and/or the Township shall not be a
bar to, or a prerequisite for, taking any other action against the
user.
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[Ord. 222, 7/15/2002, § 3]
(a)
Injunctive Relief. When the Authority finds that a user has violated
(or continues to violate) any provision of this Subpart, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Authority and/or the Township may petition
the Berks County Court for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order or other requirement
imposed by this Subpart on activities of the user. The Authority and/or
the Township may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user
to conduct environmental remediation. A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other
action against a user.
(b)
Civil Penalties.
(1)
An industrial user who willfully or negligently violates any
pretreatment standards and/or requirements may be assessed a civil
penalty by the Authority and/or the Township in an amount not to exceed
$25,000 per day for each violation, regardless of jurisdictional boundaries.
Each violation for each separate day shall constitute a separate and
distinct offense under this section.
(2)
For purposes of this section, a single operational upset which
leads to simultaneous violations of more than one pretreatment standard
or requirement shall be treated as a single violation as required
by the Federal Water Pollution Control Act.
(3)
In addition to the civil penalty, the costs for reestablishing
the operation of the sewer system may be recovered.
(4)
The Authority and/or the Township shall include as part of the
notice of an assessment of civil penalties a description of the appeals
process to be followed, including the name, address and telephone
number of the person responsible for accepting such appeal.
(5)
The Authority and/or the Township may publicly adopt a formal,
written civil penalty assessment policy and make it publicly available.
Each industrial discharger with an industrial waste discharge permit
shall be given written notice of the policy. In developing the penalty
assessment policy, the publicly owned treatment works shall consider
damage to air, water, land or other natural resources of this commonwealth
and their uses; cost of restoration and abatement; savings resulting
to the person in consequence of the violation; history of past violations;
deterrence of future violations; and other relevant factors.
(6)
Civil penalties collected pursuant to this Section 297(b) shall
be placed in a restricted account and shall only be used by the POTW
and/or the Authority publicly owned treatment works for the repair
of damage and any additional maintenance needed or any additional
costs imposed as a result of the violation for which the penalty was
imposed, to pay any penalties imposed on the POTW and/or the Authority
by the Federal or State government for violation of pretreatment standards,
for the costs incurred to investigate and take the enforcement action
that resulted in a penalty being imposed, for the monitoring of discharges
in the pretreatment program and for capital improvements to the sewer
system, including sewage collection lines, which may be required by
the pretreatment program.
(7)
The industrial user charged with the penalty shall have 30 days
to pay the proposed penalty in full, or, if the industrial user wishes
to contest either the amount of the penalty or the fact of the violation,
the industrial user must file an appeal within 30 days pursuant to
2 Pa. C.S.A. (relating to administrative law and procedure). Failure
to appeal within this period shall result in a waiver of all legal
rights to contest the violation or the amount of the penalty. In the
event of an appeal, the Township and/or the Authority shall conduct
a hearing and decide the appeal as provided by administrative law
and procedure. In the event, after hearing and decision, the industrial
user wishes to make a further appeal, it may do so by filing an appropriate
appeal to the Court of Common Pleas of Berks County within 30 days
of the final order of the Township and/or the Authority.
(c)
Criminal Prosecution.
(1)
A user who violates any provision of this Subpart, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a summary
offense and be subject to a fine of not more than $1,000 per violation,
per day.
(2)
A user who introduces any substance into the sewer system which
causes personal injury or property damage shall, upon conviction,
be guilty of a summary offense and be subject to a fine not more than
$1,000. This fine shall be in addition to any other cause of action
for personal injury or property damage available under state or federal
law.
(3)
A user who knowingly made any false statements, representations
or certifications in any application, record, report, plan or other
documentation filed or required to be maintained, pursuant to this
Subpart, wastewater discharge permit, or order issued hereunder, or
who falsified, tampered with, or knowingly rendered inaccurate any
monitoring device or method required under this Subpart shall, upon
summary conviction, be punished by a fine of not more than $1,000
per violation per day.
(d)
Remedies Nonexclusive. The remedies provided for in this Subpart
are not exclusive. The Authority and/or the Township may take any,
all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance
with this Subpart unless the Township and/or the Authority chooses
to develop and adopt an enforcement response plan. However, the Township
and/or the Authority may take other action against any user when the
circumstances warrant. Further, the Township and/or the Authority
is empowered to take more than one enforcement action against any
noncompliant user. These actions may be taken concurrently.
[Ord. 222, 7/15/2002, § 3]
(a)
Performance Bonds. The Authority may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this Subpart, a previous wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement unless such user first files a satisfactory bond, payable
to the Authority, in a sum not to exceed a value determined by the
Authority to be necessary to achieve consistent compliance.
(b)
Liability Insurance. The Authority may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this Subpart, a previous wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
sewer system caused by its discharge.
(c)
Water Supply Severance. Whenever a user has violated or continues
to violate any provision of this Subpart, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the Authority will request that the public water supplier sever the
water service to the user. Service will only recommence, at the user's
expense, after it has satisfactorily demonstrated its ability to comply.
[Ord. 222, 7/15/2002, § 3]
(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 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) of this section are met.
(3)
A user who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating
lots, or other relevant evidence that:
(i)
An upset occurred and the user can identify the cause(s) of
the upset;
(ii)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(iii)
The user has submitted the following information
to the Authority and treatment plant operator within 24 hours of becoming
aware of the upset (if this information is provided orally, a written
submission must be provided within five days:
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; and
3.
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish
the occurrence of an upset shall have the burden of proof.
(5)
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)
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)
Prohibited Discharge Standards. A user shall have an affirmative
defense to an enforcement action brought against it for noncompliance
with the general prohibitions in Section 286(a)(1) of this Subpart
or the specific prohibitions in Section 286(a)(2) (iii) of this Subpart
if it can prove that it did not know, or have reason to know that
its discharge, alone or in conjunction with discharges from other
sources, would cause pass through or interference and that either:
(1) a local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and during, the
pass through or interference; or (2) no local limit exists, but the
discharge did not change substantially in nature or constituents from
the user's prior discharge when the borough was regularly in
compliance with its NPDES permit, and in the case of interference,
was in compliance with applicable sludge use or disposal requirements.
(c)
Bypass.
(1)
For the purposes of this section:
(i)
"Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
(ii)
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
be inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
(2)
A user may allow any by pass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses
are not subject to the provision of Subsections (c) (3) and (c) (4)
of this section.
(3)
(i)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Authority, at least 10 days before the
date of the bypass, if possible.
(ii)
A user shall submit oral notice to the Authority of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours
from the time it becomes aware of the bypass. A written submission
shall also be provided within five days of the time the user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate and prevent reoccurrence of the bypass.
The Authority may waive the written report on a case-by-case basis
if the oral report has been received within 24 hours.
(4)
(i)
Bypass is prohibited, and the Authority may take an enforcement
action against a 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 downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
(ii)
The Authority, after consulting with its consulting engineer,
may approve an anticipated bypass, after considering its adverse effects,
if they determine that it will meet the conditions listed in Subsection
(c)(4)(i) of this section.
[Ord. 222, 7/15/2002, § 3]
(a)
Pretreatment Charges and Fees. The Authority and/or the Township
may adopt reasonable fees for reimbursement of costs of setting up
and operating a pretreatment program which may include:
(1)
Fees for wastewater discharge permit applications including
the cost of processing such applications;
(2)
Fees for monitoring, inspection and surveillance procedures
including the cost of collection and analyzing a user's discharge,
and reviewing monitoring reports submitted by users;
(3)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(4)
Fees for filing appeals; and
(5)
Other fees as the Authority and/or the Township may deem necessary
to carry out the requirements contained herein. These fees relate
solely to the matters covered by this Subpart and are separate from
all other fees, fines and penalties chargeable by the Township and/or
the Authority.
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All fees may be updated by resolution from time to time of the
Township and/or the Authority.
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(b)
Extraordinary Maintenance Charge. Any person discharging any waste
which, in the judgment of the Authority, causes any extraordinary
maintenance expenses shall be billed by the Authority in the amount
of said expenses. The billing amount shall be determined by the Authority
and shall include charges for labor of Township and/or Authority personnel
and other costs incurred by the Authority.
[Ord. 222, 7/15/2002, § 3]
(a)
Strong Waste Surcharges. There may be additional charges for wastes
having concentrations of BOD, suspended solids, dissolved solids,
ammonia-nitrogen, and phosphorus in excess of the average concentration
of these pollutants in normal domestic waste. Normal domestic waste
shall be considered has having the following concentrations:
(b)
Strong Waste Surcharge Formula. In order to determine the additional
charges for wastes with strength greater than that of domestic waste,
the following formula shall be used:
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SQ = 0.00834 QI [(BODI-300) TCBOD +
(SSI-250) TCss + (DSI-500) TCDS + (PI-6.6)
TCP + (NH3NI-25) TCNH3N]
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|---|---|---|---|---|
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Where:
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(1)
SQ is the quarterly surcharge to be added
to the normal sewer rent.
(2)
0.00834 is a constant to convert waste concentrations expressed in
mg/l to thousands of pounds of waste.
(3)
QI is the quarterly waste flow expressed in
million gallons.
(4)
BODI, SSI, DSI, PI, and NH3NI are the respective concentrations of BOD5, suspended solids, dissolved solids, phosphorus and
ammonia nitrogen of the waste expressed in mg/l.
(5)
300, 250, 500, 6.6, and 25 are constants which express the waste
load concentrations in mg/l for normal domestic wastes.
(6)
TCBOD is the treatment cost incurred by the
borough as updated annually per 1,000 pounds of BOD.
(7)
TCSS is the treatment cost incurred by the
borough as updated annually per 1,000 pounds of suspended solids.
(8)
TCDS is the treatment cost incurred by the
borough as updated annually per 1,000 pounds of dissolved solids.
(9)
TCP is the treatment cost incurred by the
borough as updated annually per 1,000 pounds of phosphorus.
(10)
TCNH3Nis the treatment cost incurred by the
borough as updated annually per 1,000 pounds of ammonia nitrogen.
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When a value of BOD, suspended solids, dissolved solids, phosphorus
and/or ammonia nitrogen is less than the normal domestic waste concentration
set forth in the strong waste surcharge formula, then the normal domestic
waste concentration shall be used in the calculation of strong waste
surcharge. The Authority may choose not to apply the surcharge formula
for any of the above parameters depending on the parameters listed
in the borough's NPDES permit.
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(c)
Additional Surcharges. The formula specified in Subsection (b) of this section is to determine additional charges or surcharges for the treatment of wastes having concentrations of BOD, suspended solids, dissolved solids, phosphorus and ammonia nitrogen in excess of those of domestic waste. It is, however, recognized that the discharge of any waste or other matter or substance containing any one of the prohibited substances listed in Section 286(a) of this Subpart may result in extraordinary laboratory, labor, maintenance and/or treatment expenses to the Authority. Hence, in the event of the discharge of any wastes or other matters or substance containing any one of the prohibited substances listed in Section 286(a) or 286(d) of this Subpart multiplied by the TRC, the Authority shall have the power to bill the owner of the property from which such discharge is made an additional surcharge of $300; each day that such discharge is made shall result in a separate $300 additional surcharge. This three-hundred-dollar charge shall be in addition to the normal sewer rental and/or any strong waste surcharge as incurred under Subsection (b) of this section.
(d)
Methods of Payment of Extra Charges by Industrial Users. The strong
waste surcharge shall be paid quarterly. The Authority shall cause
the water meter of each industrial user where the wastewater flow
determination is based upon metered water consumption, and the wastewater
meter where the wastewater flow determination is based upon wastewater
flow measurement, to be read on a quarterly basis and the Authority
shall cause strong waste surcharge bills to be mailed forthwith following
each reading.
(1)
The Authority shall cause periodic sampling of the wastewater
discharged by each industrial user in accordance with Section 302(a)
of this Subpart.
(2)
The analysis of the sample shall be the basis for computing
strong waste surcharges.
(3)
Bills for strong waste surcharge shall be mailed to the owner's
address specified on the industrial waste permit. Failure to receive
a bill as a result of incorrect address or otherwise shall not excuse
nonpayment of charges or extend the time for payment.
(4)
The strong waste surcharge formula will be updated annually
using current operation and maintenance costs and waste load quantities
to reflect actual costs to remove specific pollutants.
(e)
New Industrial Users. A new industrial user is one which connects
to the sewer system after the effective date of this section. Strong
waste surcharge payments by a new industrial user shall begin on the
date treatment works use is initiated and continue indefinitely.
[Ord. 222, 7/15/2002, § 3]
(a)
Industrial Waste Sampling. Industrial wastes being discharged into
the sewer system shall be subject to sampling and inspection to be
used as a basis for determining additional charges due to excessive
concentrations of BOD, suspended solids, dissolved solids, phosphorus,
ammonia nitrogen and/or substances prohibited in Section 286(a) of
this Subpart. Such sampling and inspection shall be made by the Authority
as frequently as may be deemed necessary. The analysis of the sample
so obtained shall be the basis for computing additional charges in
accordance with Section 301(d) of this Subpart. The cost of such sampling
and testing thereof shall be borne by the user.
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The industry may request that samples be taken in addition to
the samples taken by the Authority. The cost of making this collection
and analysis shall be borne by the user.
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Samples and the analysis of samples shall be made 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.
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(b)
Control Manhole. When required by the Authority, the owner of any
property discharging industrial waste into the sewer system shall
install a suitable control manhole together with such necessary meters
and other appurtenances in the building sewer to facilitate observation,
sampling and measurement of the waste. Such manhole, when required,
shall be accessible and safely located and shall be constructed in
accordance with plans approved by the Authority. The manhole shall
be installed by the property owner, at his expense, and shall be maintained
by him so as to be safe and accessible at all times.
[Ord. 222, 7/15/2002, § 3]
Whenever a person purchasing his entire water supply from a
water purveyor discharges only industrial waste into the sewer system,
the volume of water purchased may be used as a measure of the quantity
of industrial waste discharged. Whenever a person purchasing his entire
water supply from a water purveyor discharges combined domestic waste
and industrial waste into the sewer system, the volume of water purchased
chargeable as industrial waste shall be the total volume of water
purchased less the volume determined to be domestic waste. The domestic
waste shall be determined by the Authority in either of the following
two ways:
(a)
Actual measured flow; or
(b)
By multiplying the average number of employees in the establishment
during the preceding billing period by 10 gallons per day. Whenever
a person purchasing his entire water supply from a water purveyor
and discharging industrial waste into the sewer system also discharges
unpolluted cooling water to either a separate storm sewer or other
outlet, an allowance for the amount of water so discharged shall be
made in computing the sewer charges. The person so discharging cooling
water shall, at his own expense, install a meter or meters, as required,
to indicate accurately and to the satisfaction of the Authority the
amount of water claimed as a credit. The Authority shall be responsible
for the reading of water and/or sewage meters when installed in industrial
establishments within its jurisdiction. All meters shall be installed
at a location approved by the Authority. All meters shall be accessible
to the Authority at all times.
[Ord. 222, 7/15/2002, § 3]
The Authority shall have the right of access to any part of
any improved property served by the sewer system as shall be required
for purposes of inspection, measurement, sampling and testing, and
for performance of other functions relating to service rendered by
the Authority through the sewer system.
