Borough of Quakertown, PA WASTEWATER INDUSTRIAL PRETREATMENT PROGRAM

The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking function for the corporation.

BEST MANAGEMENT PRACTICES (BMPs)

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $2,500,000 in second quarter 1980, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the user is a federal, state, local governmental facility or charitable organization: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or charitable organization, or their 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 the overall responsibility for environmental matters for the company and the written authorization is submitted to the Borough.

BCWSA

Bucks County Water and Sewer Authority.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions in § 302, Subsection 1, of this Part. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, slug loads, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

[Added by Ord. 1159, 5/6/2009]

BIOCHEMICAL OXYGEN DEMAND or BOD

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (e.g., mg/1).

BOROUGH

The Borough of Quakertown, its elected and appointed officials and their deputies, and its agents and employees.

BOROUGH MANAGER

The person duly appointed by Borough Council to supervise the day-to-day operations of the Borough and who is charged with certain duties and responsibilities by Borough ordinance or a duly authorized representative.

BUILDING SEWER OR LATERAL

A sewer conveying wastewater from the premises of a user to the POTW.

BYPASS

The intentional diversion of waste streams from any portion of a user's treatment facility.

COMMERCIAL USER

A commercial source of indirect discharge that is not a source of industrial waste.

COMPOSITE SAMPLE

A combination of individual samples taken from a waste stream at selected intervals for some specified period of time having either equal volume or proportioned to the flow at the time of the sampling.

CONTROL AUTHORITY

The Borough of Quakertown.

DEP

The Pennsylvania Department of Environmental Protection or where appropriate it shall also mean any duly authorized official of said agency.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTE

The normal water-borne or dissolved waste discharged by a residential household, as well as toilet or other like wastes discharged by any user.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or duly authorized official of said agency.

GENERAL PRETREATMENT REGULATIONS

Title 40 Code of Federal Regulations Part 403.

GRAB SAMPLE

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.

HEXANE-EXTRACTABLE MATERIALS or FAT, OIL AND GREASE

The result of EPA Test Method 1664.

[Added by Ord. 1159, 5/6/2009]

INDIRECT DISCHARGE

The discharge or the introduction of pollutants into the POTW, including holding tank waste discharged into the system, as outlined in 40 CFR 403.3(g) and Section 307(b), (c) and (d) of the Act.

INDUSTRIAL PRETREATMENT PROGRAM

The program established by this Part and administered by the Borough establishing rules and regulations for the Borough and for industrial users of the Borough's POTW, thereby enabling the Borough to comply with the responsibilities of implementing general pretreatment regulations as required by the Borough's NPDES permit.

INDUSTRIAL USER

An industrial waste source of indirect discharge.

INDUSTRIAL WASTE

Any solid, liquid or gaseous substance, or form of energy, which is produced as a result, whether directly or indirectly, of any industrial, manufacturing, trade or business process or activity, or in the course of developing, recovering or processing of natural resources and which is discharged into the POTW; but not noncontact cooling water or domestic waste. Any wastewater which contains industrial waste and which is discharged from an industrial, manufacturing, trade or business premises is considered industrial waste for the purposes of this Part.

INTERFERENCE

The inhibition or disruption of the POTW treatment process or operations which may, but is not required to, contribute to a violation of the Borough's NPDES permit. The term includes prevention of sewage sludge use, sludge processes or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345), or any criteria, guidelines or regulation developed pursuant to the Solid Waste Disposal Act, or more-stringent state criteria, including those contained in any sludge management plan prepared pursuant to Title IV of the SWDA applicable to the method of disposal or use employed by the POTW.

LOCAL LIMITS

Numerical limitations on the concentration, mass or other characteristics of wastes or pollutants discharged, or likely to be discharged, by industrial users and which are developed by the Borough.

NATIONAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in 40 CFR, Parts 401 to 471, and in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. § 1317), which applies to a specific industrial category.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued to the control authority pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NEW SOURCE

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.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

Construction on a site which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection 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:

(a)

Any placement, assembly or installation of facilities or equipment; or

(b)

Significant site preparation work including clearing, excavation or removal of existing building, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.

PRETREATMENT or TREATMENT

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 contract 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.

NONCOMPLIANCE

Any violation of pretreatment requirements or pretreatment standards, including but not limited to limits, sampling, analysis, reporting and adherence to compliance schedules and regulatory deadlines.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

NORMAL PRODUCTION DAY

For the purposes of sampling wastewater, a normal production day is that period of time during which wastewater is discharged and production, cleanup and other activities that normally produce wastewater or industrial waste are occurring. If a sample is specified to be collected during a normal production day, it should not include aliquots taken during low waste stream flow periods that are not representative of normal activities, or during times when wastewater is not being discharged.

PASS-THROUGH

A discharge which exits the POTW into waters of the state in quantities which, alone or in conjunction with a discharge or discharges from other sources, cause a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude and duration of the violation. Pass-through may also be the concentration of pollutants in the sludge so that the end use of the sludge causes or contributes to pollution, harm to the environment or a violation of any state or national sludge disposal regulation, guideline or standard.

PERSON

Any individual, partnership, co-partnership, firm, charitable organization, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or any of the legal representatives, agents or assigns. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Any dredged spoil, solid waste, liquid waste, gaseous waste, incinerator residue, sewage, garbage, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

POLLUTION

The contamination of any waters of the state such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; or contamination of the air, soil or of the environment so as to produce or is likely to produce similar deleterious effects.

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes, or by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT COORDINATOR

The person designated by the Superintendent or the Borough Manager as the person responsible for the day-to-day administration of the industrial pretreatment program.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS

Prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE

Any discharge that is prohibited by § 302 of this Part.

PROHIBITED DISCHARGE STANDARDS

Prohibitions and standards as provided in 40 CFR 403.5.

POTW

A "treatment works," as defined by Section 212 of the Act, which may but is not required to be owned by the Borough of Quakertown. For the purposes of this Part, POTW consists of the sewage and wastewater collection system, treatment plant, pump stations and other ancillary facilities owned and operated by the Borough of Quakertown and BCWSA. This includes not only Borough and BCWSA sewers, but any other sewers which, by agreement, or by order of other authority, discharge into the Borough-owned collection system or treatment plant.

SEWAGE COLLECTION SYSTEM

That part of the POTW including, but not limited to, sewers and pipes that convey the discharged wastewater to the POTW.

SEWAGE TREATMENT PLANT

That portion of the POTW designated to provide treatment to wastewater.

SHALL

Is mandatory; MAY — Is permissive.

SIGNIFICANT INDUSTRIAL USER

A user subject to categorical pretreatment standards.

A user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater).

Contributes a process waste stream which makes up 5% or more of the average dry weather organic capacity of the POTW treatment plant.

SIGNIFICANT NONCOMPLIANCE

Is designated as such by the Borough 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 B above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Borough may at any time, on its own initiative or in response to a petition received from the user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

A user is in significant noncompliance if it is in violation of a pretreatment standard or requirement and the violation meets one or more of the following criteria:

[Amended by Ord. 1159, 5/6/2009]

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1), multiplied by the applicable TRC; the TRC for BOD, TSS and hexane-extractable materials is 1.4; the TRC for all other pollutants except pH is 1.2 (there is no TRC for pH);

Any other violation of a pretreatment standard or requirement, as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard), that the Borough determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of Borough personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Borough’s exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit, consent order, or administrative order for starting construction, completing construction, or attaining final compliance;

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; and

Any other violation or group of violations, which may include a violation of applicable best management practices, which the Borough determines will adversely affect the operation or implementation of the pretreatment program.

SIGNIFICANT VIOLATOR

An industrial user in significant noncompliance at any time during a calendar year.

SLUG or SLUG LOAD

Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause pass-through or interference or in any other way violate any provision of this Part 3, local limits, or any condition of a permit issued pursuant to this Part 3.

[Amended by Ord. 1159, 5/6/2009]

SPILL

Any discharge of a nonroutine, episodic nature including, but not limited to, an accidental spill or a noncustomary batch discharge or the control or cleanup activities associated with such an occurrence; an accidental spill may result from the spilling, overflowing, rupture or leakage of any storage, process or transfer container.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Budget and Management 1972.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The person designated by the Borough who is charged with certain duties and responsibilities, including but not limited to supervision of the day-to-day operations of the POTW or his duly authorized representative or agent.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TOXIC POLLUTANTS

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provisions of the Clean Water Act § 307(a) or other acts.

UNAUTHORIZED DISCHARGE

A discharge into the POTW of industrial waste or other matter which is not in accordance with the terms of this Part, an applicable wastewater discharge permit or the industrial pretreatment program.

USER

Any person who contributes, causes or permits contribution of wastewater into the POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER DISCHARGE PERMIT

The permit issued by the Borough of Quakertown authorizing discharge of industrial waste into the municipal wastewater system.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulation 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.

§ 302 Regulations.

[Ord. 1077, 8/7/2002; as amended by Ord. 1159, 5/6/2009[1]]

General. No user shall contribute or allow to be contributed, directly or indirectly, any pollutant or wastewater which will cause or contribute to interference or pass-through. These general prohibitions apply to all such users of the POTW, whether or not the user is subject to national pretreatment standards or any other national, state or local pretreatment requirements. A user may not contribute the following substances to the POTW:

Waste streams with a flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.

Liquids, solids or gases such as, but not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides and sulfides, in quantities so as alone or by interaction with other substances, to cause or risk fire or explosion, or be injurious in any other way to the POTW, the operation of the POTW or to the POTW personnel.

Waste streams that create either at the point of discharge or at any point in the system, a condition in which two successive readings on an explosion hazard meter are more than 5%, nor any single reading over 10% of the lower explosive limit (LEL) of the meter.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, spent lime, stone or marble dust, metal, glass, straw, paper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oils, mud, glass grinding or polishing wastes.

Wastewater containing hexane extractable material in amounts that will cause pass through or interference.

Any wastewater having a pH of less than five standard units or more than 10 standard units, or wastewater having any other corrosive property capable of causing damage or hazard to structure, equipment and/or personnel of the POTW.

Any wastewater containing pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters or the POTW or to exceed the limitation set forth in a categorical pretreatment standard.

Any substance which results in the formation or release of toxic gases, vapors or fumes in a quantity that may cause acute worker health and safety problems.

Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewer for maintenance and repair.

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulation developed under § 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used.

Any substance which will alone or in conjunction with other substances cause the POTW to violate its NPDES permit or the water quality standards of the receiving waters.

Any wastewater with an objectionable color not removed in a treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (104° F.).

Any pollutants, including oxygen-demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentrations which, either singly or by interaction with other pollutants, will cause interference to the POTW.

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the federal government, state or Borough of Quakertown.

Any wastewater which causes a hazard to human life or creates a public nuisance.

Stormwater, groundwater, roof runoff, subsurface drainage or noncontact cooling water.

Hauled or trucked pollutants except at the control authority's designated point at the POTW where hauled or trucked wastewater may be discharged.

Any wastewater containing any compounds or salts of aldrin, dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxyproprionic acids or other persistent herbicides, pesticides or rodenticides.

Noncompliance with the above-listed prohibited standards is enforceable under the provisions of this Part.

National Categorical Pretreatment Standards. If the categorical standards for a particular industrial user are more stringent than local limits or other requirements imposed under this Part, then the categorical standards shall apply. The national categorical pretreatment standards as set forth in 40 CFR Chapter I, Subchapter N, Part 405 et seq., are hereby incorporated into the industrial pretreatment program as program requirements for those industrial users subject to such categorical standards. Upon the promulgation of new national categorical pretreatment standards that apply to an existing industrial user, the industrial user so affected shall comply with the reporting requirements in § 304, Subsection 7, of this Part and the requirement of 40 CFR 403.12. If an existing industrial user not subject to a wastewater discharge permit under this Part becomes a significant industrial user because of a newly promulgated categorical standard, the industrial user shall also apply for a permit as provided in § 304, Subsection 1, of this Part.

Specific Pollutant Limitations. The Borough may establish, and review from time to time, local limits regulating the discharge of specific pollutants by industrial users. Local limits developed to prevent pass through or interference or to implement prohibited discharge standards shall be approved by the approval authority.

Local limits may be established for any substance which is discharged, or is likely to be discharged, to the POTW.

Local limits may limit concentration, mass or a combination of the two.

The procedure for the calculation of local limits may be as recommended by the approval authority or otherwise considered appropriate by the Borough.

Local limits shall be calculated for pollutants, as deemed necessary, to prevent interference and pass through. In addition, local limits may be calculated to prevent the discharge of toxic materials in toxic amounts; threats to worker health and safety; and physical, chemical or biological damage to the POTW.

Local limits are applicable to all significant industrial users and may be included in wastewater discharge permits. Local limits may be applied to other industrial users if deemed appropriate by the Borough.

Discharging any pollutant in excess of a local limit established for that pollutant shall constitute a violation of this Part.

Any user who is discharging industrial wastewater into the Borough's collection system with concentrations of pollutants higher than those listed below will, at the Borough's discretion, either be required to pay a surcharge in addition to their regular sewer rate, or have to pretreat the wastewater to within acceptable limits.

Biochemical Oxygen Demand (BOD) — 300 mg/l.

Total Suspended Solids (TSS) — 350 mg/l.

Ammonia (NH3) — 40 mg/l.

Total Phosphorous (TP) — 15 mg/l.

When a user discharges any of the above-listed parameters in excess of the concentration indicated for that parameter, the sewer charge shall be calculated using the following formula:

	Sewer rate = regular sewer x surcharge factor.
	The surcharge factor is calculated as follows:
	Surcharge factor = 0.25 + 0.15(BOD÷300) + 0.25 (TSS÷350) + 0.1(NH3÷40) + 0.25 (TP÷15)
	Where BOD is the concentration of biochemical oxygen demand, TSS is the concentration of total suspended solids, etc. Where a pollutant concentration is less than the limitation listed above for that parameter, the number in parenthesis in the surcharge factor shall be equal to one.

Borough's Right of Revision. The Borough Manager or Superintendent may establish more stringent limitations or requirements for dischargers to the POTW if deemed necessary to comply the objectives as stated in § 301 of this Part. Such limitations or requirements shall become effective upon the amendment or revision of a wastewater discharge permit or upon publication of notice of such new limitations or requirements in a newspaper of general circulation in the Borough.

Excessive Discharge. No user shall, unless expressly authorized by an applicable standard or requirement, increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or with any other pollutant-specific limitation developed by the Borough, state or federal agencies.

Accidental Discharge.

Each significant industrial user shall provide protection from discharges of spills and slug loads. Facilities and procedures to prevent discharge of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. The Borough shall evaluate each significant industrial user to determine whether protection from slug loads or spills of prohibited materials or other regulated substances must be provided. If the Borough determines that the industrial user needs such facilities, it will so notify the industrial user, requiring the development and implementation of a spill control plan. No significant industrial user that commences contribution to the POTW after the date of adoption of this Part shall be permitted to introduce pollutants into the POTW until such an evaluation has been completed and, if required by the Borough, a spill control plan has been developed and implemented. Existing industrial users will be reevaluated from time to time and, if so notified by the Borough, shall develop and implement a spill control plan as instructed and according to the schedule agreed to by the Borough. Inspection of facilities and approval of spill control plans and facilities by the Borough shall not relieve the significant industrial user from the responsibility to modify its facility or plans as necessary to meet the requirements of this Part, nor shall it imply any warranty or determination regarding the appropriateness, efficacy or safety of the plan or facilities on behalf of the Borough.

Any spill control plan developed by an industrial user shall include the elements itemized in 40 CFR 403.8(f)(2)(vi)A-D. In addition, the industrial user shall have permanently posted a notice to employees advising whom to call in the event of a spill or slug load, including the Superintendent, and listing the information required to be provided to the Superintendent in such event. The industrial user shall ensure that all employees are trained in the spill control plan and in emergency notification procedures.

In the event of any spill or slug load, as defined by this Part, the industrial user shall immediately notify the Superintendent, or his designated agent, by telephone, providing information regarding the nature, volume and constituents of the spill or slug load and providing notice, to the best of the industrial user's knowledge, of when the discharge commenced and when it will cease. Within five days of such an event, the industrial user shall provide to the Borough a written report of the spill or slug load describing the cause, the nature, volume and constituents of the spill, the measures taken to mitigate any expense, loss, damage or other liability which might have been incurred as a result of the spill or slug load and the measures the industrial user plans to take to prevent a reoccurrence of the incident. Such a report may be waived by the Borough at the Borough's sole discretion, if the immediate telephone notice was provided and if the industrial user requests such a waiver, giving sufficient reason therefor.

In any case, the reporting of a spill or slug load to the Borough shall not relieve the industrial user of any fines, civil penalties or other liability which may arise or be imposed by this Part or any other applicable law.

Notification of the Discharge of Hazardous Wastes.

Pursuant to 40 CFR 403.12(p), industrial users shall notify the Borough, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:

An identification of the hazardous constituents contained in the wastes.

An estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month.

An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

All notifications must take place as provided by 40 CFR 403.12(p). Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted as provided in § 304 of this Part.

The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d) and (e). Dischargers are exempt from the requirements of paragraph one of 40 CFR 403.12 (p) if, during a calendar month, they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under paragraph (p) of 40 CFR 403.12, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

10.

Unauthorized Discharges. Except as otherwise provided in § 305, Subsection 1A, of this Part, discharge of any prohibited substance listed under § 302, Subsection 1, of this Part or in violation of applicable local limits or categorical standards shall be an unauthorized discharge and the Borough may take whatever steps necessary to halt such a discharge or to seek penalties therefor as set forth in § 305 of this Part.

[1]

Editor's Note: This ordinance provided that §§ 302 and 304 were readopted in their entirety to acknowledge that the federal regulations referenced herein have been modified since the last enactment of this Part and are reincorporated by the Borough as applicable local regulations in their revised form.

§ 303 Fees.

[Ord. 1077, 8/7/2002]

It is the purpose of this section to provide for the recovery of costs from significant users or users of the Borough's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Borough's schedule of charges and fees.

Charges and Fees. The Borough may adopt, by resolution of Borough Council, charges and fees, which may include but not be limited to:

Fees for reimbursement of the costs of setting up and operating the Borough's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

Fees for consistent removal by the Borough of pollutants otherwise subject to Federal pretreatment standards.

Fees for responding to accidental discharges and emergencies resulting from discharges in violation of the wastewater discharge permit and this Part.

Other fees the Borough may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this Part and are separate from all other fees chargeable by the Borough.

§ 304 Administration.

[Ord. 1077, 8/7/2002; as amended by Ord. 1159, 5/6/2009[1]]

Industrial Users.

All significant industrial users proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.

Whenever an existing industrial user becomes a significant industrial user, but has not previously submitted an application for a wastewater discharge permit, the user shall do so as soon as it knows that it is or will be a significant industrial user.

Discharge of industrial wastes by a significant industrial user without a valid wastewater discharge permit is an unauthorized discharge and a violation of this Part, and the Borough may take such action as allowed by law, including the blockage or severance of the connection between the user's building sewer and the POTW collection system, to exclude the unauthorized discharge from the POTW. Industrial users that are not classified as significant industrial users may discharge industrial wastes without a permit, but must comply with all other provisions of this Part including, but not limited to, the wastewater quality requirements established by § 302 and the reporting requirements of § 304, Subsection 8.

Permit Application. An industrial user required to obtain a wastewater discharge permit shall complete and file with the Borough an application in the form prescribed by the Borough, accompanied by the required fee. In support of the application, the industrial user shall submit in units and terms appropriate for evaluation, the following information as requested by the Borough:

Name, address and location of the facility (if it is different from the mailing address).

SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget 1972, as amended.

Wastewater constituents and characteristics, as requested by the Borough, for a particular applicant. Sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR, Part 136, as amended.

Time and duration of contribution.

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

The nature and concentration of any pollutants in the discharge which are limited by the Borough, state or federal pretreatment requirements or standards; and a statement regarding whether or not pretreatment requirements and standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet applicable pretreatment requirements and standards.

If additional pretreatment and/or O&M will be required to meet any pretreatment requirements and standards, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable standard if the standard is a categorical standard. The following conditions shall apply to this schedule:

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing permits for major components, commencing construction).

No increments referred to in § 304, Subsection 2I(1), shall exceed nine months.

No later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date, and if not, the date on which it expects to comply with this increment of progress; the reason for the delay and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.

Each product produced by type, amount, process or processes and rate of production.

Type and amount of raw materials processed (average and maximum per day).

Number and type of employees, the hours of plant operation and the proposed or actual hours or pretreatment system operation.

Any other information as may be deemed by the Borough to be necessary to evaluate the permit application.

The Borough will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue a wastewater discharge permit subject to terms and conditions provided herein.

Permit Modifications and Suspensions. The wastewater discharge permit may be modified or suspended for any good cause, including but not limited to the following:

To incorporate any new or revised federal or state standards or pretreatment requirements.

Material or substantial alterations or additions to the permittee's operation processes.

Changes in the discharge volume or character.

Violation of any terms or conditions of the permit.

Obtaining a permit by misrepresentation or failure to fully disclose all relevant facts in the permit application or in any required reporting.

Changes in the design or capability of the POTW.

Amendments to this Part or any interjurisdictional agreements governing the Borough's industrial pretreatment program.

Upon request of the permittee, provided the Borough agrees to any request by the permittee and such a request does not create a violation of any applicable requirements, standards, laws or rules and regulations.

The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Part and all other applicable regulations, user charges and fees established by the Borough. Permits may contain any of the following conditions and/or restrictions:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a collection system.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization, or limitations or requirements expressed as best management practices.

[Amended by Ord. 1185, 12/7/2011]

Requirements for installation and maintenance of inspection and sampling facilities.

Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent accidental, unanticipated or nonroutine discharges.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules.

Compliance schedules and related progress reports.

Requirements for submission of required reports.

Requirements for maintaining and retaining records related to wastewater discharge, including all monitoring activities and documentation associated with any required best management practices, for a minimum of three years. Records may be required to be retained for more than three years at the request of the Borough or during any litigation involving the pretreatment program.

Requirements for advance notification of the Borough of any new introduction of wastewater constituents, of any change in the discharge of hazardous wastes or of any substantial change in the volume or character of the wastewater constituents being introduced into the system.

Requirements for immediate notification of the occurrence of a spill or slug load as set forth in § 302 of this Part 3, requirements for notification of the Borough of any changes at the facility that may affect the potential to discharge a slug load, and requirements necessary to control slug discharges if determined by the Borough to be necessary.

[Amended by Ord. 1185, 12/7/2011]

Statement of duration.

Statement of nontransferability.

Statement of applicable civil and criminal penalties for violation of pretreatment requirements and standards.

Other conditions as deemed necessary by the Borough to ensure compliance with this Part.

A wastewater discharge permit, in addition to implementing requirements as mandated by the general pretreatment regulations and the industrial pretreatment program approved by the approval authority, may be a means for the Borough to implement other requirements. Implementation and enforcement of such additional provisions shall be at the discretion of the Borough and shall not be subject to the review of the approval authority.

Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year, or may be stated to expire on a specific date. A permitted user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the users existing permit. The terms and conditions of the users permit may be subject to modification by the Borough during the term of the permit, as limitations or requirements as identified in this section are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance unless a specified time frame is expressly authorized by an applicable standard or requirement.

Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation without the written approval of the Borough. Any succeeding owner shall also comply with the terms and conditions of the existing permit.

Permit Reporting Requirements. The provisions of this Subsection 7 apply to industrial users that are, or that become subject to national categorical pretreatment standards. In the case that an industrial user becomes subject to categorical standards through means of promulgation of a new categorical standard, or due to changes in the user's processes, the following reporting requirements apply. In addition, the user may be subject to the provisions of Subsections 1, 2, 6 and 8 of this section.

Compliance Date Report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any significant user subject to categorical pretreatment standards shall submit to the Borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process(es) which are limited by the categorical pretreatment standards. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis, and if not, what additional O&M and/or pretreatment is necessary to bring the significant user into compliance with the applicable categorical pretreatment standards. This statement shall be signed by an authorized representative of the significant user and certified by a qualified professional engineer registered in the Commonwealth of Pennsylvania.

Periodic Compliance Report. In the case that the Borough does not conduct semiannual sampling of a significant industrial user's discharge, the reporting requirements of 40 CFR 403.12(e) and (h) are applicable, and such a significant industrial user shall provide self-monitoring reports as are required by the regulations. When the Borough conducts all industrial waste sampling, industrial users are not required to submit semiannual reports unless otherwise notified by the Borough.

Baseline Monitoring Reports (BMRs). All significant users subject to categorical pretreatment standards must submit a baseline monitoring report (BMR) to the control authority. The purpose of the BMR is to provide information to the control authority to document the significant user's compliance with a categorical pretreatment standard prior to commencement of discharge. As required by 40 CFR 403.12(b), BMRs must be submitted to the control authority within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination request [40 CFR 403.6(a)(4)], whichever is later. A BMR must contain the information specified in 40 CFR 403.12(b).

Signatory Requirement. As specified in 40 CFR 403.12(1) reports on compliance with categorical deadlines, periodic compliance reports and BMRs must be signed by an appropriate official and must contain the certification statement specified in 40 CFR 403.6(a)(2)(ii) which states:

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 directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Change in Operations.

Any industrial user contemplating or planning a substantial change in the manufacturing process, raw materials, auxiliary processes, pretreatment processes or other changes which may result in substantial changes to wastewater character, composition, volume or rate of flow, shall notify the Borough in writing at least 30 days prior to making such a change, or, if the change is not planned 30 days or more in advance, immediately upon the decision to make such a change. If a change in wastewater characteristics occurs without the knowledge of the industrial user, the industrial user shall report the change immediately upon becoming aware of it. The report shall include all information necessary to determine the effect on the wastewater of the change. The Borough may require the industrial user to undertake a compatibility study to demonstrate to the satisfaction of the Borough that the wastewater to be discharged is compatible with the POTW, will not affect any requirements imposed upon the Borough (including sludge disposal requirements) and will not otherwise adversely affect the POTW.

The Borough may, on receipt of such a report:

Continue an existing wastewater discharge permit in effect.

Require application for a new wastewater discharge permit.

Modify an existing wastewater discharge permit to reflect the changed nature of the waste.

(4)

Rescind and reissue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions.

(5)

Revoke an existing wastewater discharge permit or require the industrial user to cease or prevent the discharge.

(6)

Take such other action as it deems appropriate.

Monitoring Facilities.

The Borough shall determine whether an industrial user shall place a monitoring facility on its building sewer line. Any required monitoring facilities shall be provided, constructed and operated by the industrial user at its expense. The monitoring facilities shall meet all the Borough's requirements and comply with all the applicable building, plumbing and electrical codes. Upon notice of the Borough to do so, industrial users shall have 90 days to construct and equip the required facilities.

There shall be ample room in and near each sampling manhole or facility to allow accurate sampling and sampling preparation for analysis. The facility and all related equipment shall at all times be maintained by the industrial user in a safe and proper operating condition.

10.

Inspection and Sampling. Maintaining a source or potential source of indirect discharge is governed by the Clean Water Act and the Pennsylvania Clean Streams Law, and therefore is an activity that may affect the public health and welfare if not conducted according to the provisions of the applicable statutes, this Part and the rules adopted hereunder. Accordingly, the Borough asserts its right to inspect at reasonable times the premises of any industrial users that is a source or potential source of indirect discharge and to take samples and measurements, all for the purposes of ascertaining compliance with the provisions of the industrial pretreatment program. The maintenance of a source of indirect discharge within the Borough shall be deemed a regulated activity subject to the following rules.

The Superintendent may inspect the facilities of any industrial user to ascertain whether the purpose of this Part is being met and all requirements are being complied with. Owners or occupants of premises where industrial wastewater is created or discharged shall allow the Borough's representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, including the copying thereof, or in the performance of any of their duties. The Borough, EPA and DEP shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into his premises, the user shall make necessary arrangements with his security guards so that upon presentation of suitable identification, personnel from the Borough, DEP and EPA will be permitted to enter without delay, for the purpose of performing their specific responsibilities.

Significant industrial users’ facilities shall be inspected by the Superintendent a minimum of one time per year and sampled a minimum of one time per year. The Superintendent may include in any wastewater discharge permit issued to a significant industrial user a schedule under which the SIU must self-monitor its wastewater discharge and report the results of such self-monitoring on dates or at intervals as specified in the permit. If any sampling performed by an industrial user (whether or not such sampling is required by a permit) indicates a violation, the user must notify the Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis for each pollutant parameter in violation and report the results to the Superintendent within 30 days after becoming aware of the violation.

[Amended by Ord. 1185, 12/7/2011]

The user is not required to conduct the resampling and reporting described above if the Borough performs sampling at least once a month or if the Borough conducts sampling for the parameter between the time the user’s original sampling was conducted and the time when the user receives the results of that sampling.

In the case that the Borough conducts sampling that indicates a violation, the Borough shall undertake the repeat sampling and analysis, unless it notifies the user that the user is required to conduct the repeat sampling and analysis, in which case the user is subject to the requirements stated above.

All industrial waste samples shall be representative of the discharge and shall conform to the requirements found at 40 CFR 403.12(g)(3) or (4), as appropriate (regarding the use of grab and composite samples). Sampling and analysis of all samples shall be in accordance with 40 CFR Part 136 and any amendments thereto. Costs of all sampling and analysis shall be borne by the user. The Borough may include sampling and analysis costs in the sewer rental charge or may invoice the user separately for such costs.

[Amended by Ord. 1185, 12/7/2011]

11.

Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this Part and shall achieve compliance with all applicable federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any equipment or facilities required to pretreat wastewater to a level acceptable to the Borough shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review and shall be acceptable to the Borough before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve an industrial user from the responsibility of modifying his facility as necessary to produce an effluent acceptable to the Borough under the provisions of this Part, nor does it imply any warranty or determination regarding the appropriateness, efficacy or safety of the plans, facilities or procedures by the Borough. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Borough prior to the user's initiation of the changes.

Grease, oil or sand interceptors shall be provided when, in the opinion of the Borough, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, or any flammable waste, sand or other harmful ingredients, except such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Borough and shall be located as to be readily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Borough. Any removal and hauling of the collected materials not performed by the owner's (owners') personnel must be performed by properly licensed waste disposal firms.

All records relating to compliance with the pretreatment requirements and standards shall be made available to officials of the Borough, DEP, EPA or approval authority upon request.

12.

Significant Noncompliance and Significant Violators. Significant noncompliance for significant industrial users will be calculated by the Borough on a "rolling quarter" basis, using procedures as recommended by the EPA. The Borough will annually publish in the largest daily newspaper published in the Borough a list of significant violators. The Borough may publish a list of significant violators more frequently, at the discretion of the Borough.

13.

Confidential Information. Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. When requested by the person furnishing a report, those 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, upon written request, to governmental agencies for uses related to this Part, the National Pollutant Discharge Elimination System permit and/or the pretreatment program. Any such portions of a report shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

14.

Special Agreements and/or Waiver of Pretreatment Requirements. Nothing contained in this Part shall be construed as prohibiting special agreements between the Borough and a person discharging industrial wastes or wastewaters to the sewer system, or for the Borough to otherwise waive requirements hereunder, when conditions and circumstances making such special agreements or waiver advisable and/or necessary, in the opinion of the Borough, are present; provided, however, that:

National categorical pretreatment standards and prohibited discharge standards [including the general and specific prohibitions set forth at 40 CFR 403.5(a) and (b)] shall not be waived, unless such waiver is granted by mechanisms established under the Federal Pretreatment Regulations (40 CFR 403 et seq.).

In no case shall a special agreement or waiver of local limits allow for an industrial user to discharge any pollutant which, alone or in combination with other regulated industrial user discharges, would reasonably be expected to exceed the mass loadings determined by the Borough as acceptable to the sewage treatment plant based upon considerations of, among other things, interference, pass through and sludge contamination. The Borough may consider other factors (e.g., effect of the discharge on the POTW, future expansion, etc.), as it deems appropriate. In no event shall any special agreement or waiver allow the sum of the loadings allocated to industrial users to exceed the values set forth in any local limits analysis submitted by the Borough to EPA and approved by EPA as part of the industrial pretreatment program.

The Borough may require an industrial user requesting a special agreement or waiver adjusting effluent limitations to submit supporting documentation indicating why the industrial user cannot reasonably expect to meet the effluent limitation contained in its wastewater discharge permit, setting forth an expeditious schedule for achieving compliance with such limitations and including such other information as the Borough may require. In granting any special agreement or waiver the Borough may impose time limitations upon any reduced requirements and provide a compliance schedule for achieving compliance. In granting any special agreement or waiver, the Borough may impose any other conditions deemed necessary to implement the purposes of this Part.

If granting a special agreement or waiver would result in increased costs to the Borough (e.g., treatment, monitoring, sludge disposal costs), the Borough may condition the special agreement or waiver upon the agreement of the industrial user to pay those costs, and to provide security adequate in the judgment of the Borough to assure payment of said costs.

[1]

§ 305 Enforcement.

[Ord. 1077, 8/7/2002]

Administrative Enforcement Remedies.

Legal Action.

If any person discharges sewage, industrial wastes or other wastes into the Borough's POTW contrary to the provisions of this Part, federal or state pretreatment standards or requirements, or any order of the Borough, or violates any other provision of this Part or wastewater discharge permit conditions, the Borough may commence an action of the type listed herein or may take any action for which it has been empowered under state law, for appropriate relief in any court of competent jurisdiction.

The Borough may develop guidelines for the enforcement of this Part and applicable industrial user permit conditions in the form of an enforcement response guide, which may be updated or amended from time to time as is necessary. Such guidelines shall not be mandatory and shall not serve to limit the enforcement options available to the Borough for any violation of the pretreatment program.

Notification of Violation. Whenever the Borough determines that any industrial user has violated or is violating this Part, wastewater discharge permit or order issued hereunder, the Borough Manager or his agent may serve upon said industrial user written notice of the violation. The notice of violation may require a response to be submitted to the Borough within a specified time period to be determined by the Borough. This response may include, but not be limited to, an explanation of the violation and a plan for the satisfactory correction and prevention thereof. Response to a notice of violation in no way relieves the industrial user of liability for any violations occurring before or after receipt of the notice of violation.

Compliance Agreements. The Borough Manager is hereby empowered to enter into agreements with industrial users for the purpose of assuring timely compliance with the provisions of the industrial pretreatment program. Such agreements shall not replace an applicable wastewater discharge permit, but may serve to modify the terms of such a permit regarding schedules of compliance or other actions by the industrial user necessary to meet the pretreatment requirements. No such agreement shall serve to modify the provisions of a pretreatment standard so as to make such provisions less stringent. The provisions of such an agreement shall not serve to abrogate the rights of the Borough to seek appropriate penalties for noncompliance should the industrial user fail to meet the terms and conditions of the agreement, but the Borough may agree not to seek such additional penalties if the terms of the agreement are met.

Show Cause Hearing. The Borough may order any industrial user which causes or contributes to a violation of this Part or wastewater discharge permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the meeting. Such notice may be served on any principal executive, general partner or corporate officer.

Suspension of Wastewater Discharge Permits.

The Borough Manager may suspend a user's wastewater discharge permit whenever such suspension is necessary in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes interference to the POTW or causes the Borough to violate any condition of its NPDES permit.

Any person notified of a suspension of his wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Borough may take steps as deemed necessary to prevent or minimize damage to the POTW system or endangerment to any individuals.

Upon proof of the elimination of the noncomplying discharge by the user, payment of any damages, fines, penalties or costs associated with the noncompliance, and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, the Borough, at its discretion, may reinstate the user's wastewater discharge permit or keep it in suspension for good cause.

Revocation of Permit. Any user is subject to revocation of a permit granted hereunder for violation of applicable state and/or federal regulations, conditions of this Part or by reason of the commission of any of the following acts:

Violation of the conditions of the permit.

Failure to report significant changes in operations or wastewater constituents or characteristics.

Refusal to permit reasonable access to the premises for inspection and monitoring.

(4)

Failure to report factually the wastewater constituents and characteristics of its discharge.

Upon revocation of a user's wastewater discharge permit, the user's right to discharge industrial waste ceases and subsequent discharge of industrial waste may result in such action as the Borough deems appropriate, including severance or plugging of the user's building sewer at the point of connection to the POTW.

Judicial Remedies.

The Borough may proceed in equity in a court of competent jurisdiction against any user who has violated or may violate any provision of this Part or the provisions of the industrial pretreatment program, including any permit issued hereunder, seeking appropriate relief therefore. In such an action, the Borough may also seek to recover such damages as it suffered due to the violations including, but not limited to, costs of investigation, monitoring, remediation or treatment of nonconforming wastes; civil or criminal costs, fines or penalties imposed on the Borough by EPA, the Pennsylvania DEP or any court or tribunal; and damage to persons or property.

Any user who violates any provision of this Part, or the terms and conditions of any wastewater discharge permit issued hereunder, shall be subject to a civil penalty of not more than $1,000 for each such offense. Each day in which an offense occurs shall be a separate offense. When the offense is the violation of a discharge limit expressed as an average, each day in the averaging period may be, at the discretion of the court, considered as a separate offense. A proceeding under this section shall not act as a bar to a simultaneous proceeding in equity before the same tribunal for the same offense, nor to other actions of the Borough under this Part.

The Borough may recover reasonable attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses.

In determining the amount of civil liability, the court shall take into account all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions taken by the user, the compliance history of the user and any other factors as justice requires.

Any person who knowingly violates any provision of this Part, any local limits imposed as provided herein or any wastewater discharge permit issued under the industrial pretreatment program is guilty of a summary offense and upon conviction thereof shall be subject to a penalty of not more than $1,000 for each such offense. Each day on which such an offense occurs shall be deemed a separate and distinct offense.

Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part shall be subject to prosecution or other legal action as provided herein or as otherwise may be provided by local and/or state and federal law.

In addition to civil and criminal liability, the industrial user violating any of the provisions of this Part, wastewater discharge permit or any other pretreatment standard or requirement, or causing damage to or otherwise adversely affecting the operation of the Borough of Quakertown POTW shall be liable to the Borough of Quakertown for any expense, loss or damage caused by such violation or discharge. The Borough of Quakertown shall bill the industrial user for the costs incurred by the Borough of Quakertown for any cleaning, repair, monitoring, sampling, supervision or replacement work caused by the violations or discharge. Refusal to pay the assessed costs shall constitute a separate violation of this Part.

The remedies provided for in this Part are not exclusive. The Borough may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Borough's enforcement response plan; however, the Borough may take any action against any user when the circumstances warrant. Further, the Borough Manager is empowered to take more than one enforcement action against any noncompliant user.

Right of Appeal.

Industrial user may appeal to the Borough: (i) the terms or conditions of a wastewater discharge permit; (ii) the denial of issuance of a wastewater discharge permit; (iii) the revocation or suspension of a wastewater discharge permit or (iv) a notice of violation. An appeal is subject to the following requirements:

The appeal must be made in writing to the Borough.

The appeal must be served on the Borough within 30 calendar days from the date of the industrial user's receipt of notice of the action being.

The appeal must state the specific provision(s) of a wastewater discharge permit or the specific directions or actions of the Borough which are being contested. The representative may make a decision on a request for a stay of permit conditions, granting, granting with conditions or denying such a request, pending the hearing of the appeal, and such decision constitutes final agency action on the matter.

(4)

The appeal must state the reasons for the appeal of each provision, direction or action.

(5)

The appeal may suggest alternate or revised provisions or actions to replace those appealed.

(6)

An appeal of a wastewater discharge permit may include a request to stay specific permit conditions pending the outcome of the appeal. Any such request shall include all factual and legal justification for such a request.

Provisions specifically mandated by federal or state regulations (e.g., compliance with categorical standards) shall not be appealed. Conditions which, in the opinion of the Borough, would constitute a hazard or pose a potential threat of pollution if stayed, shall not be stayed during an appeal.

An appeal shall be made to the Borough, and shall be reviewed by any designated representative(s) of the Borough, provided that the representative shall not be the pretreatment coordinator. The representative may make a decision on a request for a stay of permit conditions, granting, granting with conditions or denying such a request, pending the hearing of the appeal, and such decision constitutes final agency action on the matter.

The representative(s) reviewing the appeal shall report in writing to the Borough the results of the review. The report should contain, at a minimum:

A summary of each item appealed, the appellant's reasons for appeal and the appellant's proposed remedies, if any.

The finding of merit (i.e., that the appeal has merit or does not have merit) for each point, and the reason(s) for so finding.