[Adopted 11-2-2009 by Ord. No. 739]
The Borough of Hellertown enacts these regulations for disposal
and discharge of industrial waste. The purpose of this article is
the protection of the public health, safety and welfare, and the regulation
of the discharge of industrial wastes and other applicable materials
into the sewage system. The Borough intends that the City of Bethlehem
supervise and enforce within the jurisdictional boundaries of the
Borough the discharge of industrial wastes and other applicable wastes
into the sewage system served by the City's publicly owned treatment
works, applicable codified ordinances of the City of Bethlehem and
the agreement between the Borough and City dated November 4, 1985.
The Borough intends that the provisions of this article be interpreted
liberally in order to achieve the purposes of this article.
A.
The following abbreviations, acronyms, words, terms and phrases when
used in this article shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning.
Additional definitions that apply to this article are set forth in
Section 921.01 of the Codified Ordinances of the City of Bethlehem,
which the Borough of Hellertown adopts and incorporates into this
article as if set forth at length herein.
B.
Abbreviations. The following abbreviations shall have the designated
meanings:
BOD5
|
Biochemical Oxygen Demand (five-day)
| |
CBOD5
|
Carbonaceous Biochemical Oxygen Demand (five-day)
| |
CFR
|
Code of Federal Regulations
| |
COD
|
Chemical Oxygen Demand
| |
EPA
|
United States Environmental Protection Agency
| |
IWDP
|
Industrial Waste Discharge Permit
| |
mg/l
|
milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
NH3-N
|
ammonia-nitrogen
| |
POTW
|
Publicly Owned Treatment Works
| |
RCRA
|
Resource Conservation and Recovery Act
| |
SIC
|
Standard Industrial Classification
| |
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
| |
U.S.C.
|
United States Code
| |
TSS
|
Total Suspended Solids
|
C.
ACT or THE ACT
ADMINISTRATOR or THE ADMINISTRATOR
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF A USER
(1)
(2)
(3)
(4)
BEST MANAGEMENT PRACTICE (BMP)
BIOCHEMICAL OXYGEN DEMAND (BOD5)
BOROUGH
BOROUGH AUTHORITY
BUILDING SEWER
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD5)
CATEGORICAL STANDARD or CATEGORICAL PRETREATMENT STANDARD
CHEMICAL OXYGEN DEMAND (COD)
CITY
COOLING WATER
CONTROL AUTHORITY
DIRECT DISCHARGE
DIRECTOR OF WATER AND SEWER RESOURCES
DOMESTIC SEWAGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
HEARING BOARD
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL PRETREATMENT COORDINATOR
INDUSTRIAL USER
INDUSTRIAL WASTE
INDUSTRIAL WASTE DISCHARGE PERMIT (IWDP)
INTERFERENCE
(1)
(2)
MONTHLY AVERAGE
NATIONAL CATEGORICAL STANDARD or CATEGORICAL STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PRETREATMENT STANDARD or NATIONAL STANDARD
NEW SOURCE
(1)
(2)
(3)
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTAGE
SEWAGE
SHALL
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
SLUG LOAD or SLUG
SPECIFIC POLLUTANT DISCHARGE LIMITATIONS or LOCAL LIMITS
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS
USER
WASTEWATER
WATER QUALITY MANAGER
WATERS OF THE STATE
WEEKLY AVERAGE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Administrator of the U.S. Environmental Protection Agency.
The Regional Administrator of EPA Region III, as defined
in 40 CFR 403.3(c).
An authorized representative of a user may be:
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function or any other
person who performs similar policy or decisionmaking functions for
the corporation;
A general partner or proprietor, if the user is a partnership
or proprietorship, respectively;
A director or highest official appointed or designated to oversee
operations and performance, if the user is a federal, state or local
governmental facility.
A duly authorized representative of the individual identified
in (1) through (3) above, if such representative is responsible for
the overall operation of the facilities from which the indirect discharge
originates and a written request for designation of an alternate representative
is approved by the City.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures, and practices to contract plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage. (City of Bethlehem Ord. 2009-1, passed
1-6-2009, incorporated into this article by reference.)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, five days
at 20° C. expressed as a concentration (mg/l — milligrams
per liter), and determined in accordance with EPA test methods referenced
in 40 CFR 136.
The Borough of Hellertown, Pennsylvania, or its authorized
representatives or Borough Council
The Borough of Hellertown Water and Sewer Authority or its
authorized representative or Authority Board.
A sewer conveying wastewater from the premises of a user
to the POTW.
The quantity of oxygen utilized in the biochemical oxidation
of carbonaceous organic matter expressed as a concentration (mg/l
— milligrams per liter), and determined in accordance with EPA
test methods referenced in 40 CFR 136.
See "national categorical standard."
The quantity of oxygen utilized in the chemical oxidation
of organic matter which is susceptible to conversion to carbon dioxide
and water and expressed as a concentration (mg/l — milligrams
per liter), and determined in accordance with EPA test methods referenced
in 40 CFR 136.
The City of Bethlehem, Pennsylvania, or the City Council
of Bethlehem.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The City of Bethlehem.
The discharge of treated or untreated wastewater directly
to the waters of the State of Pennsylvania.
The person designated by the City to implement, administer
and enforce the provisions of this article or the Director's
duly authorized representative.
Liquid or water-carried waste generated from sanitary conveniences
of campers, trailers, dwellings, office buildings, factories or institutions
and from household laundry operations, washing and cooking foods and
dish washing, but does not contain industrial waste.
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
standards which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and taken over
a period of time which does not exceed 15 minutes.
The Board appointed according to provisions of the City of
Bethlehem Section 923.05, incorporated into this article by reference.
Any waste from holding tanks, such as, but not limited to,
treatment units, vessels, chemical toilets, campers, trailers, septic
tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollutants from any
nondomestic source regulated under Section 307(b) or (c) or (d) of
the Act (33 U.S.C. § 1317) into the POTW (including holding
tank waste discharged into the system).
The person designated by the City to supervise the operation
of its industrial pretreatment program, who is charged with certain
duties and responsibilities by this article, or a duly authorized
representative as delegated by the Industrial Pretreatment Coordinator.
A source of indirect discharge.
Solid, liquid or gaseous wastes from any industrial, manufacturing
or commercial process or from the development, recovery or processing
of natural resources, but not domestic sewage.
A Permit as set forth in Section 923.04 of this article.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore, is a cause of a violation of any requirement of the
POTW'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 the following statutory provisions
and regulations 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, more commonly referred
to as "Resource Conservation and Recovery Act (RCRA)," and including
state regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic
Substance Control Act, and the Marine Protection, Research and Sanctuaries
Act.
The arithmetic mean of the values for users' samples
collected over a calendar month.
Standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to the POTW by existing or new industrial users in specific industrial subcategories as established as separate regulations under 40 CFR Chapter 1, Subchapter N.
A permit issued to the City pursuant to Section 402 of the
Act (33 U.S.C. § 1342).
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act, which
applies to industrial users. This term includes categorical standards
and the prohibitive discharge standards or local limits established
pursuant to 40 CFR 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;
The building, structure, facility or installation totally replaced
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 type of activity
as the existing source should be considered.
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 City'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. 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, and determined in accordance with EPA test methods
referenced in 40 CFR 136.
Any dredged soil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemicals, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal and agricultural waste
discharged into the environment.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of the environment.
That portion of the POTW designated to provide treatment
to wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
See "national pretreatment standard."
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the City.
This definition includes any devices or systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature and any manholes, sewers, pumping stations,
force mains, siphons or other facilities or appurtenances which are
part of the system utilized to convey wastewater to a POTW treatment
plant. The POTW shall also include any collection and conveyance systems
which convey wastewaters to the City's POTW from persons outside
the City who are, by contract or agreement with the City, users of
the City's POTW.
A type of holding tank waste originating from the discharge
of strictly domestic sewage to holding tanks, chemical toilets, camper
waste tanks, trailer waste tanks, cesspools and septic tanks.
See "wastewater."
Is mandatory; "may" is permissive.
Any industrial user of the City's POTW who:
Is subject to categorical standards under 40 CFR 403.6 and 40
CFR Chapter I, Subchapter N; or
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (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 City on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
Any pollutant released in a discharge at a flow rate or concentration
which will cause a violation of the specific discharge prohibitions
in 40 CFR 403.5 (b) and/or any discharge of nonroutine nature, episodic
nature, including but not limited to, accidental spills or noncustomary
batch discharges, or which could cause a violation of the prohibited
discharge standards of Section 923.02 of the Codified Ordinances of
the City of Bethlehem, adopted and incorporated into this article
by reference.
Numeric quantities or concentrations of pollutants which
may be discharged to the POTW by existing or new industrial users
developed by the City in accordance with 40 CFR 403.5(c) and defined
in Section 923.02(d) of the Codified Ordinances of the City of Bethlehem,
adopted herein by reference.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, as amended.
State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the City to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this article or the Superintendent's
duly authorized representative.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids, and which is
removable by laboratory filtering and determined in accordance with
EPA test methods referenced in 40 CFR 136.
Any person who utilizes the services of the City's POTW.
The liquid and water-carried industrial wastes and/or domestic
sewage from dwellings, commercial buildings, industrial facilities,
or institutions, whether treated or untreated, which are contributed
into or permitted to enter the POTW.
The person designated by the City to supervise the operation
of the Water Quality Bureau.
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.
The arithmetic mean of the values for the users' samples
collected over a seven-day calendar week.
A.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will cause pass-through
or interference with the operation or performance of the POTW. These
general prohibitions apply to all such users of a POTW whether or
not the user is subject to national categorical standards or any other
national, state or local pretreatment standards or requirements.
(1)
A user may not contribute the following substances to the POTW:
(a)
Quantities of liquids, solids or gases (including, but not limited
to, gasoline, kerosene, naptha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides) which by reason of their
nature or quantity are or may be sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious
in any way to the POTW or to the operation of the POTW, including,
but not limited to, any discharge with a closed-cup flashpoint of
less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21. At no time shall any wastewater cause two successive
readings on an explosion hazard meter at the point of discharge into
the system (or at any point in the system) to be more than 5% nor
any single reading to be over 10% of the lower explosive limit (LEL)
of the meter.
(b)
Solid or viscous pollutants in amounts which will cause obstruction
to the flow in the POTW resulting in interference, including, but
not limited to, grease, garbage, solids greater than three inches
in any dimension, animal guts or tissues, paunch manure, bones, hair,
hides or fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent hops, wastepaper, wood,
plastics, gas, tar, asphalt residues, residues from refining or processing
of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
(c)
Pollutants which will cause any damage to the POTW; but in no
case may pollutants being discharged have a pH lower than 5.0 nor
greater than 11.5.
(d)
Pollutants in sufficient quantity which, either alone or by
interaction with other pollutants, would result in the presence of
toxic gases, vapors or fumes, cause worker injury or disruption of
any wastewater treatment process, including the disposal of sludge,
or would be in noncompliance with any categorical or pretreatment
standards established in accord with 40 CFR 403.6.
(e)
Noxious or malodorous liquids, gases or solids which, either
alone or by interaction with other wastes, cause a public nuisance
or hazard to life or prevent entry into the POTW for maintenance and
repair.
(f)
Pollutants, including oxygen-demanding pollutants, released
in a discharge at a flow rate and/or concentration which will cause
interference with the POTW.
(g)
Substances which will cause pass-through and cause the POTW
to violate its NPDES and/or state solid waste disposal system permit(s)
or the air quality and/or receiving water quality standards.
(h)
Wastewater with excessive discoloration not removed in the POTW
treatment process, including, but not limited to, dye wastes and vegetable
tanning solutions, which causes or contributes to interference, pass-through,
or any violations at the POTW treatment plant.
(i)
Heat in amounts producing interference, but in no case heat
in such quantities that the temperature at the POTW treatment plant
exceeds 40° C. (104° F.). At no time shall a discharge to
the POTW have a temperature higher than 150° F. or less than 32°
F.
(j)
Slug loads, as defined in Section 923.01 of the City of Bethlehem
Codified Ordinances, adopted herein by reference.
(k)
Wastewater containing any radioactive material or isotopes of
such half-life or concentration as may cause pass-through or interference
in the POTW or exceed limits established by the Superintendent in
compliance with applicable Delaware River Basin Commission, state
or federal regulations.
(l)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(m)
Discharge of mineral/petroleum oil and grease in concentrations
greater than 100 mg/l and animal/vegetable oil and grease in concentrations
greater than 300 mg/l.
(n)
Discharge of holding tank waste or septage, except as provided
for in Section 923.08 of the City of Bethlehem Codified Ordinances,
adopted herein by reference.
(o)
Discharge which, if otherwise disposed of, would be considered
a hazardous waste as defined in 40 CFR Part 261 without prior notification
by the user in writing to the POTW, the state and EPA in accordance
with 40 CFR 403.12(p)(I) and written approval by the Superintendent.
(p)
New or increased discharges or changes in the nature of discharges
without prior notification to the POTW and written approval by the
Superintendent.
(q)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, unpolluted industrial process water,
unpolluted cooling water (also refer to Article 915 of the City of
Bethlehem, incorporated herein by reference), or swimming pool drainage
(also refer to Article 921 of the City of Bethlehem, incorporated
into this article by reference), unless specifically authorized by
the Superintendent.
(r)
Sludges, screenings, or other residues from the pretreatment
of industrial wastes, unless specifically authorized by the Superintendent.
(s)
Wastes generated in the diagnosis, treatment, immunization,
or autopsy of human beings or animals, in research pertaining thereto,
or in the preparation of human or animal remains for burial or cremation,
unless specifically authorized by the Superintendent.
(t)
Wastewater, alone or in conjunction with other sources, causing
the POTW treatment plant's effluent to fail a toxicity test.
(u)
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW.
(2)
When the Industrial Pretreatment Coordinator determines that a user
is contributing to the POTW any of the above-enumerated substances
in such amounts as to cause pass-through or interference with the
operation of the POTW and/or POTW treatment plant, the Industrial
Pretreatment Coordinator shall:
(a)
Notify the user of the impact of the contribution on the POTW
and/or POTW treatment plant;
(b)
Develop effluent limitation(s), as needed, for the user to correct
the pass-through or interference with the POTW and/or POTW treatment
plant; and
(c)
Proceed with enforcement pursuant to the provisions of Section
923.05 of the City of Bethlehem Codified Ordinances, adopted herein
by reference.
(3)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they have a
reasonable potential to be discharged to the POTW.
B.
National pretreatment standards and national categorical standards.
All industrial users are subject to the National Pretreatment Standards.
The National Categorical Standards found at 40 CFR Chapter I, Subchapter
N, Parts 405-471 are hereby incorporated into this article by reference
as though set forth in full. Industrial users must comply with all
applicable categorical standards and other requirements promulgated
by EPA. Any categorical standard, if more stringent than the limitations
imposed under this article, shall immediately supersede the limitations
imposed under this article.
(1)
Where a categorical standard is expressed only in terms of either
the mass or the concentration of a pollutant in wastewater, the Industrial
Pretreatment Coordinator may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical standard is mixed with wastewater
not regulated by the same standard, the Industrial Pretreatment Coordinator
shall impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
(3)
An industrial user may obtain a variance from a categorical standard
from the EPA if the industrial user can prove, pursuant to the procedural
and substantive provisions in 40 CFR 403.13, that factors relating
to its discharge are fundamentally different from the factors considered
by EPA when developing the categorical standard. If a variance is
obtained, the City reserves the right to modify the industrial user's
permit to incorporate the revised standards and requirements.
(4)
An industrial user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
C.
Modification of national categorical standards. Where the City's
POTW treatment plant achieves consistent removal of pollutants limited
by national categorical standards, the City may apply to the approval
authority for modification of specific limits in the national categorical
standards. "Consistent removal" is defined by the EPA in 40 CFR 403.7(b).
The City may then modify pollutant discharge limits in the national
categorical standards if the requirements contained in 40 CFR, Part
403, Section 403.7 are fulfilled and prior approval from the approval
authority is obtained.
D.
Specific pollutant discharge limitations; local limits.
(1)
In accordance with 40 CFR 403.5(c), the City imposes the following
specific pollutant discharge limitations for all industrial users:
Pollutant (total)
|
Local Limit
(mg/l)
| |
---|---|---|
Arsenic
|
0.11
| |
Cadmium
|
0.05
| |
Chromium
|
0.91
| |
Copper
|
1.35
| |
Lead
|
0.39
| |
Mercury
|
0.007
| |
Molybdenum
|
0.22
| |
Nickel
|
1.36
| |
Selenium
|
0.23
| |
Silver
|
0.21
| |
Zinc
|
2.58
| |
Cyanide
|
0.38
|
(2)
The specific pollutant discharge limitations listed above are the
highest allowable concentration in any type of sample, either a grab
or composite, collected over any time interval, unless otherwise specified
in an IWDP.
(3)
The specific pollutant discharge limitations listed above apply at
the point where the wastewater is discharged to the POTW or at the
point designated by the Industrial Pretreatment Coordinator.
(4)
In addition to industrial users, the City reserves the right to apply
the specific pollutant discharge limitations listed above to any user's
wastewater discharge which is not composed of strictly domestic sewage.
(5)
The City reserves the right to establish alternate specific pollutant
discharge limitations in individual industrial waste discharge permits,
but only in accordance with regulatory requirements. In no event shall
any alternate limit allow the total loading allocated to all industrial
users for any pollutant to exceed the maximum allowable industrial
headwork's loading as determined in the City's most recent
local limits evaluation approved by the approval authority. The specific
pollutant discharge limitations, if more stringent than the national
categorical standards, shall immediately supersede the national categorical
standards.
E.
State requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this article.
F.
City's right of revision. The City reserves the right to establish
by ordinance more stringent limitations or requirements on discharges
to the POTW if deemed necessary.
G.
Excessive discharge. No user shall increase the use of process water
solely for the purpose of complying with this article or in any way
attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the national categorical standards or in any other pollutant-specific
limitation developed by the City or state. The Industrial Pretreatment
Coordinator may impose mass limitations on users who are using dilution
to meet applicable national categorical standards or in any other
pollutant-specific limitations or requirements or in other cases when
the imposition of mass limitations is appropriate.
H.
Accidental discharges/slug loads. Each industrial user shall provide
protection from accidental discharges/slug loads of prohibited materials
or other substances regulated by this article. Where facilities are
provided to prevent accidental discharges/slug loads of prohibited
materials, these facilities shall be provided and maintained at the
industrial user's own cost and expense. In the case of an accidental
discharge/slug loads, it shall be the responsibility of the industrial
user, upon discovery and after assessing the situation and taking
initial corrective action, to immediately telephone and notify the
Industrial Pretreatment Coordinator of the incident. The notification
shall include location of discharge, type of waste, estimated concentration
and volume if known, and initial corrective actions taken by the industrial
user.
(1)
Written notice. Within five days following a accidental discharge/slug
loads; the industrial user shall submit to the Industrial Pretreatment
Coordinator a detailed written report including the date, time, duration
of the discharge as well as describing the cause of the discharge,
all corrective measures implemented or attempted, and measures to
be taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any expenses,
loss, damage, or other liability which may be incurred as a result
of damage to the POTW, fish kills, or any other damage to person or
property, nor shall such notification relieve the industrial user
of any fines, civil penalties, or other liability which may be imposed
by this article or other applicable articles or laws.
(2)
Notice to employees. A notice shall be permanently posted on the
industrial user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge/slug
load. Employers shall ensure that all employees are advised of the
emergency notification procedures.
I.
New or updated accidental discharge/slug control plans. An accidental
discharge or slug control plan, as prescribed under 40 CFR 403.8(f)(2)(v),
shall be required:
(1)
For new source industrial users. Detailed plans showing facilities
and operating procedures to provide protection from accidental discharges
or slugs shall be submitted to the City for review as part of the
IWDP application, and shall be approved by the City before construction
of the facility.
(2)
For existing industrial users. The Industrial Pretreatment Coordinator
shall evaluate whether each industrial user needs a new or updated
accidental discharge/slug control plan.
J.
Contents of accidental discharge/slug control plans.
(1)
Should the Industrial Pretreatment Coordinator require the industrial
user to develop, submit for approval, and implement a new or updated
accidental discharge/slug control plan, the accidental discharge/slug
control plan shall address, at a minimum, the following:
(a)
Description of discharge practices, including nonroutine batch
discharges;
(b)
Description of stored chemicals;
(c)
Procedures for immediately notifying the Industrial Pretreatment
Coordinator of any accidental or slug discharge, as required by Section
923.02(h) of the City of Bethlehem Codified Ordinances, adopted herein
by reference.
(d)
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures shall 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.
(2)
When an existing industrial user is required by the Industrial Pretreatment
Coordinator to provide and/or modify an accidental discharge/slug
control plan, the industrial user shall provide the plan within 60
days of notification. Should the plan require construction or implementation
of measures to meet compliance, the plan shall provide a schedule
for those actions. After initial review, should additional information
be required to provide a complete plan, it shall be furnished to the
Industrial Pretreatment Coordinator within 30 days of the date of
notification. Failure to submit a revised plan and/or failure to provide
a complete plan after the thirty-day submission period may render
the industrial waste discharge permit void.
(3)
The City's review and approval of accidental discharge/slug
control plans shall not relieve the industrial user from the responsibility
to modify the industrial user's facility as necessary to meet
the requirements of this article.
(4)
If not specifically required by the Industrial Pretreatment Coordinator,
the information, requirements, etc., called for in a plan are not
waived by the City, and the industrial user shall provide all necessary
items, procedures, etc., to prevent any accidental discharge and/or
slug discharge to the POTW.
(5)
An approved state pollution prevention plan may substitute for all
or a portion of the contents of an accidental discharge/slug control
plan to the extent that it satisfies the requirements described herein.
(6)
All users are required to notify the POTW immediately of any changes
at its facility affecting potential for a slug discharge.
It is the purpose of this section to provide for the recovery
of costs from users of the City's POTW for the implementation
of the industrial pretreatment program established herein. The applicable
charges or fees are set forth below.
B.
Program fee.
(1)
The City reserves the right to develop and institute a program fee
to recover operating costs associated with implementation of the industrial
pretreatment program which are separate from or in lieu of those costs
identified in Sections 923.03 (a) or 923.03 (c) of the City of Bethlehem
Codified Ordinances, adopted herein by reference. The program fee
will be chargeable to all users included in the industrial pretreatment
program and will be billed and updated at a frequency determined by
the City.
(2)
The above fees relate solely to the matters covered by this article
and those fees set forth in the City ordinance, which are incorporated
into this article by reference, and are separate from all other fees
chargeable by the City and/or those fees chargeable by the Borough
to recover its costs incurred by implementation and enforcement of
the disposal and discharge of industrial waste and other applicable
waste generated within the Borough and deposited into the City of
Bethlehem's POTW.
C.
Industrial waste surcharge.
(1)
When approval is granted by the City to a user to discharge industrial
waste into the POTW, the user's sewer rental will be based on
the prevailing rate for normal domestic sewage plus a quarterly surcharge
based on the relative strength of said industrial waste contribution
and calculated as follows:
Surcharge = 0.00834 x Flow x {[(BOD5 —
300) x BOD5 Cost] + [(TSS — 350) x TSS
Cost] + [(NH3 - N — 50) x NH3-N Cost]}
| |||
Where:
| |||
Surcharge
|
=
|
Surcharge calculated quarterly;
| |
0.00834
|
=
|
constant to convert industrial waste strength from mg/l to thousand
pounds;
| |
Flow
|
=
|
total quarterly discharge flow of the industrial waste in million
gallons;
| |
BOD5
|
=
|
biochemical oxygen demand (5-day) of the industrial waste in
mg/l;
| |
300
|
=
|
value expressing the BOD5 of normal domestic
sewage in mg/l;
| |
BOD5 Cost
|
=
|
annual City treatment cost per thousand pounds of BOD5;
| |
TSS
|
=
|
total suspended solids of the industrial waste in mg/l;
| |
350
|
=
|
value expressing the TSS of normal domestic sewage in mg/l;
| |
TSS Cost
|
=
|
annual City treatment cost per thousand pounds of TSS;
| |
NH3-N
|
=
|
ammonia-nitrogen of the industrial waste in mg/l;
| |
50
|
=
|
value expressing the NH3-N of normal
domestic sewage in mg/l;
| |
NH3-N Cost
|
=
|
annual City treatment cost per thousand pounds of NH3-N;
|
(2)
The City reserves the right to substitute the following formula for
the surcharge in the event that BOD5 is not
the normal measure of the strength of the industrial waste:
Surcharge = 0.00834 x Flow x {[(COD — 600) x COD Cost]
+ [(TSS — 350) x TSS Cost] + [(NH3-N
— 50) x NH3-N Cost]}
| |||
Where:
| |||
Surcharge
|
=
|
Surcharge calculated quarterly;
| |
0.00834
|
=
|
constant to convert industrial waste strength from mg/l to thousand
pounds;
| |
Flow
|
=
|
total quarterly discharge flow of the industrial waste in million
gallons;
| |
COD
|
=
|
chemical oxygen demand of the industrial waste in mg/l;
| |
600
|
=
|
value expressing the COD of normal domestic sewage in mg/l;
| |
COD Cost
|
=
|
annual City treatment cost per thousand pounds of COD;
| |
TSS
|
=
|
total suspended solids of the industrial waste in mg/l;
| |
350
|
=
|
value expressing the TSS of normal domestic sewage in mg/l;
| |
TSS Cost
|
=
|
annual City treatment cost per thousand pounds of TSS;
| |
NH3-N
|
=
|
ammonia-nitrogen of the industrial waste in mg/l;
| |
50
|
=
|
value expressing the NH3-N of normal
domestic sewage in mg/I;
| |
NH3-N Cost
|
=
|
annual City treatment cost per thousand pounds of NH3-N;
|
(3)
When actual industrial waste values of BOD5 and/or COD and/or TSS and/or NH3-N are less
than the normal domestic sewage values, then the normal domestic sewage
values of 300, 600, 350 and/or 50 mg/l, respectively, shall be used
in the calculation of the surcharge in place of the actual industrial
waste values.
(4)
The annual City treatment costs per thousand pounds of BOD5, COD, TSS and NH3-N shall be
determined at the beginning of each calendar year, based upon the
City Sewer Fund's actual operating costs from the previous year.
(5)
In no instance shall the sewer rental for industrial waste be less
than the prevailing rate for normal domestic sewage.
(6)
In order to ascertain the strength of an industrial waste requiring
a surcharge, the City shall cause appropriate analysis (BOD5, COD, TSS and NH3-N) to be made
quarterly, the average of which shall be used to establish the surcharge
for the ensuing quarter. A more extensive analysis may be required
under Section 923.04 of the City of Bethlehem Codified Ordinances,
adopted herein by reference. All sampling and analysis shall be completed
in accordance with the provisions of this article. All expenses for
these analyses shall be borne by the user.
(7)
The City reserves the right to recalculate and adjust the surcharge
of any user at any time during the year due to the introduction of
new wastewater constituents or any substantial increase in the strength
of the wastewater. A substantial increase shall mean 15% or greater.
A.
It shall be unlawful for any significant and/or categorical industrial
user to discharge to the POTW tributary to the City's POTW treatment
plant without having first obtained a City industrial waste discharge
permit (IWDP), except as authorized by the Director of Water and Sewer
Resources in accordance with the provisions of this article, subject
to state and federal laws and regulations. In addition to the IWDP,
the industrial user shall obtain such additional permits as required
by applicable sections of the Codified Ordinances of the City of Bethlehem
and/or such additional permits as may be required by the Borough of
Hellertown.
B.
When requested by the Industrial Pretreatment Coordinator, any user
must submit information on the nature and characteristics of its wastewater
within 30 days of the request unless additional time is approved,
in writing, by the Industrial Pretreatment Coordinator. The Industrial
Pretreatment Coordinator is authorized to prepare a form for this
purpose and may periodically require users to update this information.
C.
Industrial waste discharge permits.
(1)
All significant and/or categorical industrial users proposing to
connect to or to contribute to the POTW shall obtain an IWDP before
connecting to or contributing to the POTW.
(2)
The Industrial Pretreatment Coordinator may require other users to
obtain an IWDP as necessary to carry out the purposes of this article.
(3)
Any violation of the terms and conditions of an IWDP shall be deemed
a violation of this article and shall subject the user to the enforcement
under Section 923.05 of the City of Bethlehem Codified Ordinances,
adopted herein by reference. Obtaining an IWDP does not relieve a
user 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.
D.
Permit application.
(1)
Users required to obtain an IWDP shall complete and file with the
City an application in the form prescribed by the Industrial Pretreatment
Coordinator, and accompanied by a fee as listed in Section 923.03(a)
of the City of Bethlehem Codified Ordinances, adopted herein by reference.
Existing users shall file a completed application in accordance with
Section 923.04(1) the City of Bethlehem Codified Ordinances, adopted
herein by reference. Proposed new users shall file a completed application
at least 90 days prior to connecting to or contributing to the POTW
or within 60 days of receipt of the application from the City, whichever
is sooner. In support of the application, the user shall submit, in
units and terms appropriate for evaluation, the following information:
(a)
Name, address, and location (if different from the address).
(b)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics, including, but
not limited to, those referenced in Section 923.02 of the City of
Bethlehem Codified Ordinances, adopted herein by reference, or any
pollutants in the discharge which are limited by City, state, or national
pretreatment standards, as determined by a City-approved analytical
laboratory. Sampling and analysis 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.
(d)
Time and duration of contribution.
(e)
Average daily and peak wastewater flow rates, including variations,
if any.
(f)
Plans to show all sewers, sewer connections, and appurtenances
by the size, location and elevation.
(g)
Description of activities, facilities and plant processes on
the premises relating to all materials which are or could be discharged.
(h)
A certification statement regarding whether or not the national
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 user to meet applicable national standards.
(i)
Copies of all material safety data sheets.
(j)
Products produced.
(k)
Raw material processed.
(l)
Normal hours of scheduled operation and operation of pretreatment
system.
(m)
List of all environmental permits held.
(n)
For all industrial users subject to categorical standards, any
other information required in a baseline monitoring report as stated
in 40 CFR 403.12(b).
(o)
Accidental discharge/slug control plan.
(p)
Any other information as may be deemed by the City to be pertinent
to evaluate the permit application.
(2)
All IWDP applications and user reports must be signed by an authorized
representative of the user.
(3)
Incomplete or inaccurate IWDP applications will not be processed
and will be returned to the user for revision. All site plans, floor
plans, mechanical and plumbing plans, all other types of construction
plans, and process diagrams which are subject to the requirements
of this article shall be signed by an authorized representative of
the user that is familiar with the information and its accuracy. It
is recommended that the above information be signed and sealed by
a professional engineer who is licensed in the Commonwealth of Pennsylvania,
to ensure compliance with sound engineering and all applicable federal,
state, and local codes and statutes.
E.
The Industrial Pretreatment Coordinator will evaluate the data furnished
by the user and may require additional information. Within 60 days
of receipt of a complete IWDP application, the City will determine
whether or not to issue an IWDP. The City may deny any application
for an IWDP, if the application or discharge does not comply with
the requirements of this article or applicable federal and state laws
and regulations. In the event that a timely and complete IWDP renewal
application has been submitted and the IWDP cannot be reissued, through
no fault of the user, before the expiration date, the terms and conditions
of the existing IWDP will be automatically continued and will remain
fully effective and enforceable pending the granting or denial of
the application for IWDP renewal.
F.
Modification of or changes in IWDP.
(1)
The City may modify an IWDP for good cause, including, but not limited
to, the following reasons:
(a)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(b)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of IWDP issuance;
(c)
To reflect a change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(d)
Information indicating that the permitted discharge poses a
threat to the City's POTW, City personnel, or the receiving waters;
(e)
Violation of any terms or conditions of the IWDP;
(f)
Misrepresentations or failure to fully disclose all relevant
facts in the IWDP application or in any required reporting;
(g)
Revision of or a grant of variance from categorical standards
pursuant to 40 CFR 403.13;
(h)
To correct typographical or other errors in the IWDP; or
(i)
To reflect a transfer of the facility ownership or operation
to a new owner or operator.
(2)
The user, the Borough, and the Borough Authority shall be informed
of any proposed changes in the IWDP at least 30 days prior to the
effective date to change. Any changes or new conditions in the IWDP
shall include a reasonable time schedule for compliance.
G.
Permit conditions. IWDPs shall be expressly subject to all provisions
of this article and all other applicable regulations, user charges
and fees established by the City. IWDPs may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the POTW.
(2)
Limits on the wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge reports.
All baseline monitoring reports, ninety-day compliance reports, and
periodic compliance reports must be certified by a qualified professional
and must be signed by an authorized representative of the user and
must contain the certification statement in 40 CFR 403.6(a)(2)(ii).
The periodic compliance reports will be required a minimum of twice
a year, indicating the nature and concentration of pollutants in the
discharge as well as a record of flows.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City and affording City
access thereto. As required by 40 CFR 403.12(o), users must keep records
for a minimum of three years or longer in case of unresolved litigation
or when requested by the approval authority. The user shall make such
records available for inspection and copying.
(9)
Requirements for prior notification of the City of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system, including the listed or characteristic
hazardous wastes for which the user has submitted initial notification
under 40 CFR 403.12(p). Substantial shall mean 15% plus or minus.
(10)
Requirements for notification of accidental discharges/slug
loads as per Section 923.02(h) of the City of Bethlehem Codified Ordinance,
adopted herein by reference.
(11)
Requirements that if sampling by a user indicates a violation,
the user must notify the City within 24 hours of becoming aware of
the violation. The user must also resample and submit results of this
resampling to the City within 30 days.
(12)
Statements regarding permit duration or transfer as per Section
923.04(h) and (i) of the City of Bethlehem Codified Ordinances, adopted
herein by reference.
(13)
Statements associated with enforcement in accordance with Section
923.05 of the City of Bethlehem Codified Ordinances, adopted herein
by reference.
(14)
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 POTW.
(15)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
(16)
Requirements to develop and implement slug control measures
and to provide notification of facility changes that affect the potential
for a slug discharge.
(17)
Requirements associated with BMPs at the sole discretion of
the Industrial Pretreatment Coordinator.
(18)
Other pertinent conditions required by the City to ensure compliance
with this article.
H.
Permits' duration. IWDPs shall be issued for a specified time period,
not to exceed five years. An IWDP may be issued for a minimum period
of a year and shall be stated to expire on a specific date.
I.
Permit transfer. IWDPs are issued to a specific user for a specific
operation. An IWDP shall not be reassigned or transferred or sold
to a new owner, new user, different premises, or a new or changed
operation without the approval of the City. Any succeeding owner or
user shall also comply with the terms and conditions of the existing
IWDP.
J.
Permit comments. The user may petition the Industrial Pretreatment
Coordinator to reconsider the terms of an IWDP within 30 days of receipt
of the IWDP. This petition must be made in writing and shall indicate
the IWDP provisions objected to, the reasons for this objection, and
the alternative condition, if any, it seeks to place in the IWDP.
The Industrial Pretreatment Coordinator will review the comments and
make the final decision on the matter. If the user objects to the
Industrial Pretreatment Coordinator's final decision, the user
may appeal the matter in accordance with Section 923.05(m) of the
City of Bethlehem Codified Ordinances, adopted herein by reference.
Failure to submit written comments within 30 days shall indicate acceptance
of the IWDP.
K.
Permit revocation.
(1)
The City may, in accordance with this article, revoke an IWDP for
good cause, including, but not limited to, the following reasons:
(a)
Failure to notify the Industrial Pretreatment Coordinator of
significant changes to the wastewater prior to the changed discharge;
(b)
Misrepresentation or failure to fully disclose all relevant
facts in the IWDP application;
(c)
Falsifying self-monitoring reports;
(d)
Tampering with monitoring equipment;
(e)
Refusing to allow the Industrial Pretreatment Coordinator timely
access to the facility premises and records;
(f)
Failure to meet effluent limitations;
(g)
Failure to pay fines;
(h)
Failure to pay sewer charges;
(i)
Failure to meet compliance schedules;
(j)
Failure to complete a wastewater survey or the IWDP application;
(k)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(l)
Violation of any pretreatment standard or requirement or any
terms of the IWDP or this article.
(2)
IWDPs shall be voidable upon cessation of operations for a period
exceeding six months or transfer of business ownership, unless approved
by the City. All IWDPs issued to a particular user are void upon the
issuance of a new or modified IWDP to that user.
L.
Permit reissuance. A user with an expiring IWDP shall apply for IWDP
reissuance by submitting a complete IWDP application, in accordance
with Section 923.04(d) of the City of Bethlehem Codified Ordinances,
adopted herein by reference, a minimum of 120 days prior to the expiration
of the user's existing IWDP or within 60 days of receipt of the
application from the City, whichever is sooner. It is the responsibility
of the user to request an IWDP application form no less than 150 days
prior to the expiration of the existing IWDP.
M.
Reporting requirements.
(1)
Baseline monitoring reports.
(a)
Within 180 days after either the effective date of a categorical standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW, subject to the new or revised categorical standard, shall submit to the Industrial Pretreatment Coordinator a report which contains the information listed in Subsection M(1)(c) below.
(b)
At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Industrial Pretreatment Coordinator a report which contains the information listed in Subsection M(1)(c) below. A new source shall report the method of pretreatment it intends to use to meet applicable standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(c)
Industrial users described above shall submit the information
set forth below:
[1]
Identifying information. The name and address of the facility,
including the name of the operator and owner.
[2]
Environmental permits. A list of any environmental control permits
held by or for the facility.
[3]
Description of operations. A brief description of the nature,
average rate of production, and Standard Industrial Classifications
of the operation(s) carried out by such industrial user. This description
shall include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
[4]
Flow measurement. Accurate information from properly designed,
installed and maintained flow-metering devices showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
[5]
Measurement of pollutants. The results of sampling and analysis
identifying the nature and concentration, and/or mass, where required
by the standard or by the Industrial Pretreatment Coordinator, 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 collected and analyzed in accordance
with 40 CFR Part 136, as amended.
[6]
Best management practices. Information identified by the Industrial
Pretreatment Coordinator or the applicable pretreatment standard regarding
compliance with any applicable BMPs.
[7]
Certification. A statement, reviewed by the industrial user's
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
[8]
Compliance schedule. If additional pretreatment and/or O&M
will be required to meet the pretreatment standards, the shortest
schedule by which the industrial user will provide such additional
pretreatment and/or O&M. The completion date in this schedule
shall not be later than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant to this section
must meet the requirements set out in Section 923.04(m)(2) of the
City of Bethlehem Codified Ordinances, adopted herein by reference.
[9]
Signature. All baseline monitoring reports must be signed by
the industrial user's authorized representative.
(2)
Compliance schedule progress reports. The following conditions shall
apply to the compliance schedule required by Section 923.04(m)(l)(c)
of the City of Bethlehem Codified Ordinances, adopted herein by reference:
(a)
The compliance schedule shall contain progress increments (milestones)
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the industrial user to meet the applicable pretreatment
standards (such events include, but are not limited to, hiring an
engineer, completing preliminary and final plans, executing contracts
for major components, commencing and completing construction, and
beginning and conducting routine operation);
(b)
No increment referred to above shall exceed nine months;
(c)
The industrial user shall submit a progress report to the Industrial
Pretreatment Coordinator no later than 14 days following each date
in the compliance schedule and the final date of compliance, including,
at a minimum, whether or not it complied with the increment of process,
including the overall completion date, the reason for any delay and,
if appropriate, the steps being taken by the industrial user to return
to the established schedule; and
(d)
In no event shall more than nine months elapse between such
progress reports to the Industrial Pretreatment Coordinator.
(3)
Reports on compliance with pretreatment standard deadline. Within
90 days following the date for final compliance with applicable categorical
standards or, in the case of a new source, following commencement
of the introduction of wastewater into the POTW, any industrial user
subject to such pretreatment standards and requirements shall submit
to the Industrial Pretreatment Coordinator a report on the status
of compliance. This report must contain all the information described
in Section 923.04(m)(l)(c) of the City of Bethlehem Codified Ordinances,
adopted herein by reference. For industrial users subject to equivalent
mass or concentration limits established in accordance with the procedures
in 40 CFR 403.6(c), this report shall contain a reasonable measure
of the industrial user's long-term production rate. For all other
industrial users subject to pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production (or other
measure of operation), this report shall include the industrial user's
actual production during the appropriate sampling period. All compliance
reports must be signed by the industrial user's authorized representative.
(4)
Periodic compliance reports for all permitted users.
(a)
All permitted users shall, at a frequency determined by the
Industrial Pretreatment Coordinator but in no case less than semiannually,
submit a report indicating the nature and concentration of pollutants
in the discharge which are limited by pretreatment standards and/or
contained in a valid IWDP and the measured or estimated average and
maximum daily wastewater flows for the reporting period. Information
identified by the Industrial Pretreatment Coordinator or the applicable
pretreatment standard regarding compliance with any applicable BMP
shall also be included with the report. All periodic compliance reports
must be signed by the user's authorized representative.
(b)
As part of these reports, the user may be required to provide
manifests, certifications or any other information deemed necessary
by the Industrial Pretreatment Coordinator to ensure compliance with
this article.
(c)
All wastewater samples must be representative of the user's
discharge.
(d)
If a user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the Industrial
Pretreatment Coordinator, using EPA-approved procedures, the results
of this monitoring shall be included in the report.
(5)
Reports of changed conditions. Each user must notify the Industrial
Pretreatment Coordinator of any significant changes to the user's
operations or system which might alter the nature, quality or volume
of its wastewater at least 90 days before the change occurs.
(a)
The Industrial Pretreatment Coordinator may require the user
to submit such information as may be deemed necessary to evaluate
the changed condition, including the submission of an IWDP application.
(b)
The Industrial Pretreatment Coordinator may issue a new or modified
IWDP in response to changed conditions or anticipated changed conditions.
(c)
For purposes of this requirement, significant changes include
but are not limited to average flow increases of 15% or greater, and
the discharge of any previously unreported pollutants at levels that
may cause pass-through or interference or otherwise violate the provisions
of this article.
(6)
Reports of potential problems. In the case of any discharge, including,
but not limited to, accidental discharges; discharges that violate
the prohibitions of Section 923.02 of the City of Bethlehem Codified
Ordinances, adopted herein by reference; or any discharge that could
cause potential problems for the POTW, the user upon discovery shall
follow the reporting procedures identified in Section 923.02(h) of
the City of Bethlehem Codified Ordinances, adopted herein by reference.
(7)
Reports from unpermitted users. All users not required to obtain
an IWDP may be required to provide appropriate reports, certifications,
laboratory analyses, manifests or any other information to the Industrial
Pretreatment Coordinator as the Industrial Pretreatment Coordinator
shall require to ensure compliance with the requirements of this article.
(8)
Notice of violation/repeat sampling and reporting.
(a)
If sampling performed by the user indicates a violation, the
user must notify the Industrial Pretreatment Coordinator within 24
hours of becoming aware of the violation. The user shall repeat the
sampling within 96 hours and shall submit the analytical results to
the Industrial Pretreatment Coordinator within 30 days of becoming
aware of the violation.
(b)
Where the user believes the first reported result(s) indicating
a violation(s) may be in error, the user may submit additional data
to support its position with the repeat sampling results.
(c)
Where the user believes its facility continues in violation
of its IWDP after repeat sampling, the user shall again repeat the
sampling within 96 hours and shall submit the analytical results to
the Industrial Pretreatment Coordinator within 30 days of becoming
aware of the violation. The user shall also notify the Industrial
Pretreatment Coordinator to determine if a schedule for additional
monitoring is required.
(d)
The user may not be required to resample if the Industrial Pretreatment
Coordinator notifies the user that the City will initiate monitoring
at the user's facility.
N.
Sample collection. Wastewater samples collected to comply with any
provision of this article shall meet the following requirements.
(1)
Samples should be collected using twenty-four-hour flow-proportional
composite collection techniques. In the event that flow-proportional
sampling is infeasible or not warranted in the opinion of the Industrial
Pretreatment Coordinator, the Industrial Pretreatment Coordinator
may authorize the use of time-proportional sampling, a minimum of
four grab samples where the user demonstrates that this will provide
a representative sample of the effluent being discharged or a frequency
of grab samples acceptable to the Industrial Pretreatment Coordinator.
The Industrial Pretreatment Coordinator may allow grab samples to
be composited prior to analysis.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using standard grab
collection techniques.
(3)
Sampling techniques prescribed in 40 CFR Part 136, as amended, shall
be followed.
(4)
The Industrial Pretreatment Coordinator shall be notified a minimum
of 48 hours prior to the collection of a sample(s) by a user and may
observe the collection of any sample.
(5)
If a user does not follow proper sample collection protocols and/or
techniques, all samples collected inappropriately shall be discarded
and recollected at the sole expense of the user.
(6)
Sampling facilities shall be properly operated, kept clean, and maintained
in good working order at all times. The failure of a user to keep
its sampling location or facility in good working order shall not
be grounds for the user to claim that sample results are unrepresentative
of its discharge.
(7)
All sampling locations utilized to meet the discharge monitoring
provisions of this article shall be approved by the Industrial Pretreatment
Coordinator.
O.
Analytical requirements. Wastewater pollutant analyses completed
to comply with any provision of this article shall meet the following
requirements:
(1)
All pollutant analyses shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified
in an applicable categorical standard. If 40 CFR Part 136 does not
contain analytical techniques for the pollutant in question, analyses
must be performed in accordance with procedures approved by the Administrator.
(2)
The user shall provide the Industrial Pretreatment Coordinator with
the name, address and telephone number of any contract laboratory
intended to be utilized for pollutant analyses at least 48 hours prior
to the collection of any samples. The Industrial Pretreatment Coordinator
may recommend the use of an alternate contract laboratory.
(3)
Copies of laboratory analysis results shall be forwarded to the user
and the Industrial Pretreatment Coordinator simultaneously.
(4)
Laboratory analysis results obtained by a user following improper
protocols or deemed technically deficient by the Industrial Pretreatment
Coordinator shall be discarded and samples shall be reanalyzed at
the sole expense of the user.
P.
Flow measurement. All wastewater-flow-monitoring data obtained to
comply with any provision of this article shall meet the following
requirements:
(1)
All new, required flow-measuring devices shall be approved by the
Industrial Pretreatment Coordinator prior to installation. The flow-measuring
device(s) shall be properly designed, compatible with the process
involved and accurate. The flow-measuring device(s) shall be calibrated
at least semiannually.
(2)
If a discrepancy in reported flow data is identified, the Industrial
Pretreatment Coordinator may require that existing flow-measuring
devices be serviced by a certified technician or replaced at the sole
expense of the user.
(3)
Flow-monitoring facilities shall be properly operated, kept clean,
and maintained in good working order at all times. The failure of
a user to keep its flow-monitoring facility in good working order
shall not be grounds for the user to claim that the measurements are
unrepresentative of its volume of flow to the POTW.
(4)
If a user does not properly calibrate or maintain its flow-monitoring
equipment or if flow measurements are deemed inaccurate by the Industrial
Pretreatment Coordinator, the Industrial Pretreatment Coordinator
shall utilize the user's metered water usage records to determine
the volume of wastewater flow to the POTW. In this case, all claims
of product uptake, evaporation or other water losses shall be precluded.
(5)
If a user does not have a flow-measurement device, the Industrial
Pretreatment Coordinator may:
(a)
Require installation of flow-monitoring facilities in accordance
with the provisions of this article; or
(b)
Rely on the user's metered water usage records to determine
the volume of wastewater flow to the POTW. In this case, metered water
losses may be considered by the Industrial Pretreatment Coordinator.
Unmetered claims of product uptake, evaporation or other losses shall
be precluded unless appropriate documentation can be provided by the
user.
Q.
Monitoring facilities.
(1)
The City shall require to be provided and operated at the user's
own expense, sampling manholes or any other device or facility suitable
and appropriate to enable inspection, sampling, and flow measurement
of the building sewer and/or internal drainage systems. Such manhole
device or facility should normally be situated on the user's
premises in the user's possession, but the City may, when a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles.
(2)
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
R.
Inspection and sampling.
(1)
The City shall inspect, at a minimum annually, the facilities of
any user to ascertain whether the purpose of this article is being
met and all requirements are being complied with. Persons or occupants
of premises connected to the sewage collection system shall allow
the City or its representative ready access at all reasonable times
to all parts of the premises for the purpose of inspection, sampling
or in the performance of any duties. The user's records of monitoring
activities and results shall be available for inspection and copying.
The City 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 without notification to the
user.
(2)
Where a user has security measures in force which would require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with their security guards so that,
upon presentation of suitable identification, personnel from the City
will be permitted to enter and to perform their specific responsibilities
within 10 minutes of their initial time of arrival. Delaying City
personnel for more than 10 minutes for any reason or to complete process
changes or to alter wastewater constituency prior to sample collection
shall be a violation of this article and shall subject the user to
the sanctions set forth in this article.
(3)
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 request of the Industrial Pretreatment
Coordinator and shall not be replaced without approval of the Industrial
Pretreatment Coordinator. The costs of clearing such access shall
be borne by the user.
S.
If the Industrial Pretreatment Coordinator has been refused any records
or access to a building, structure or property, or any part thereof,
or if the Industrial Pretreatment Coordinator believes that there
is a need to inspect and/or sample as part of a routine or specific
inspection and sampling program of the City designed to verify compliance
with this article or any permit or order issued hereunder or to protect
the overall public health, safety and welfare of the community, then
the Director of Water and Sewer Resources may seek issuance of a search
warrant from the appropriate judicial authority.
T.
Pretreatment.
(1)
Users shall provide wastewater treatment as necessary to comply with
this article and shall achieve compliance with all applicable pretreatment
standards, local limits, and the prohibitions set out in Sections
923.02 of the City of Bethlehem Codified Ordinances, adopted herein
by reference, within the time limitations specified by the agency
issuing the standards. 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 Industrial Pretreatment Coordinator for review and
shall be acceptable to the Industrial Pretreatment Coordinator before
such facilities are constructed. The City's review of such plans
and operating procedures shall in no way relieve the user from the
responsibility of additional or future modifications of such facilities
as necessary to produce a discharge acceptable to the City under the
provisions of this article.
(2)
Whenever deemed necessary, the Industrial Pretreatment Coordinator
may require users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only at specific points
of the POTW, relocate and/or consolidate points of discharge, separate
domestic sewage waste streams from industrial waste streams, and/or
such other conditions as may be necessary to protect the POTW and
determine the user's compliance with the requirements of this
article.
(3)
The Industrial Pretreatment Coordinator may require any person discharging
into the POTW to install and maintain, on its property and at its
expense, a suitable storage and flow-control facility to ensure equalization
of flow. A IWDP may be issued solely for flow equalization.
(4)
Grease, oil and sand interceptors shall be provided when they are
necessary for the proper handling of wastewater containing excessive
amounts of grease and oil or sand; except that such interceptors shall
not be required for residential sources. All interception units shall
be of type and capacity approved by the Industrial Pretreatment Coordinator
and shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned and repaired regularly,
as needed, by the user at its expense.
U.
Publication of users in significant noncompliance. The City shall
annually publish, in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the POTW,
all users which at any time during the previous 12 months were in
significant noncompliance with applicable pretreatment standards or
requirements. For the purpose of this provision, a user is in significant
noncompliance if its violation meets one or more of the following
criteria:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken 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);
(2)
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of a numeric pretreatment standard or requirement, including instantaneous
limits, as defined by 40 CFR 403.3(1) multiplied by the applicable
TRC (TRC = 1.4 for BOD5, CBOD5, TSS, fats, oil, and grease, and 1.2 for all other pollutants except
pH);
(3)
Any other violation of a pretreatment effluent limit (daily maximum
or longer-term average) that the City determines has caused, alone
or in combination with other discharges, interference or pass-through
(including endangering the health of POTW personnel or the general
public);
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B)
to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure to provide, within 45 days after the schedule date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation or group of violations which may include violations
of BMPs that the City determines will adversely affect the operation
or implementation of the City's pretreatment program.
V.
Confidential information.
(1)
Information and data on a user obtained from reports, questionnaires,
permit applications, permit and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets or other confidential business information
of the user.
(2)
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NPDES) permit, State Disposal System permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the EPA or the state in judicial review or
enforcement proceedings involving the person furnishing the report.
Effluent data, as defined in 40 CFR 2.302(a)(2), will not be recognized
as confidential information.
W.
Record retention.
(1)
Users shall maintain records of all information resulting from any
discharge monitoring activities completed by the user. At a minimum,
such records must include:
(2)
Users shall retain and preserve for no less than three years any
records, reports, chemical analyses, etc., made by or on behalf of
the user in connection with its discharge, records associated with
implementation of BMPs and any other records required by the City
related to the MIPP. In addition, any records that pertain to matters
that are the subject of special orders or any other enforcement or
litigation activities brought by the City shall be retained and preserved
by the user until all enforcement activities have concluded and all
periods of limitation with respect to any and all appeals have expired.
The user shall, upon request and within the time frame specified by
the Industrial Pretreatment Coordinator, furnish to the City copies
of any records required to be kept by this article.
A.
Suspension. The City and/or the Borough and the Borough Authority
may suspend the wastewater treatment service and/or an IWDP without
prior notice when such suspension is necessary in order to stop an
actual or threatened discharge which presents or may present an imminent
and substantial endangerment to the health or welfare of persons,
to the environment, causes interference to the POTW or causes the
City and/or the Borough and Borough Authority to violate any condition
of their NPDES permit. In the event of a failure of the person to
comply voluntarily with the suspension order, the City shall take
steps as deemed necessary, including immediate termination of water
service and/or immediate severance of the sewer connection, to prevent
or minimize damage to the POTW system or endangerment to any individuals.
The service and/or IWDP shall be restored within five working days
after, in the opinion of the City, the actual or threatened cause
for the suspension has been removed. The above actions shall be taken
only as ordered by the Director of Water and Sewer Resources.
B.
Notice of suspension.
(1)
In the event that the City and/or the Borough and Borough Authority
decides it is necessary to suspend their wastewater treatment service
for reasons other than as described above, the user shall be given
a fifteen-day notice of such suspension. Any person notified of a
suspension of the wastewater treatment service and/or IWDP shall stop
or eliminate the contribution as required in the suspension notice.
Between the time of the notice of suspension of services and the date
services are terminated, the user shall have the right to have a show
cause hearing with the hearing board regarding the cause of the suspension.
(2)
The City shall reinstate the IWDP and/or wastewater treatment service
within five working days upon proof of the elimination of the noncomplying
discharge or in compliance with instruction of the hearing board.
A detailed written statement submitted by the user describing the
cause of the harmful contributions and the measures taken to prevent
any future occurrence shall be submitted to the City within five days
of the date of occurrence. In the event of a failure of the user to
comply with the suspension notice, the City may take such steps as
deemed necessary to terminate the service.
C.
Revocation of permit. Any user who violates the conditions of this
article, or applicable state and federal regulations, is subject to
having the user's permit revoked as described in Section 923.04(k)
of the City of Bethlehem Codified Ordinances, adopted herein by reference.
D.
Notification of violation. Whenever the City finds that any user
has violated or is violating this article, an industrial waste discharge
permit or any prohibition, limitation of requirements contained herein,
the City may serve upon such person a written notice of violation
stating the nature of the violation. Within 30 days of the date of
the Notice, a plan for the satisfactory correction thereof shall be
submitted to the City by the user.
E.
Hearing board.
(1)
A hearing board shall be appointed by the Mayor of the City of Bethlehem,
as needed, for the purpose of hearing and deciding appeals between
the City and users on matters concerning interpretation and execution
of the provisions of this article. Cost of appeals shall be borne
by the user requesting an appeal.
(2)
The chairperson of the board shall be a member of City Council's
Public Works Committee; one member shall be a professional engineer
skilled in practice of sanitary engineering; one member shall be a
representative of industry or manufacturing enterprise; one member
shall be a representative of a local environmental organization; and
one member shall be selected at large for that member's interest
in accomplishing the objectives of this article.
(3)
Terms on the board shall be for a period of five years. The Mayor
shall appoint representatives to fill vacancies on the board to complete
unexpired terms. Interim appointments may be permitted to serve an
additional full term on the board. Hearing boards may be appointed
as standing panels or on a case-by-case basis, as determined from
time to time, in the sole discretion of the Mayor.
F.
Show cause hearing.
(1)
The City, the Borough and Borough Authority may order any user who
causes or allows an unauthorized discharge to enter the POTW to show
cause before the hearing board why the proposed enforcement action
should not be taken. A notice shall be served on the user specifying
the time and place of a hearing to be held by the hearing board regarding
the violation, the reasons why the action is to be taken, the proposed
enforcement action, and directing the user to show cause before the
hearing board why the proposed enforcement action should not be taken.
The notice of the hearing shall be served personally or by registered
or certified mail (return receipt requested) at least 10 days before
the hearing. Service may be made on any agent or officer of a corporation.
(2)
The hearing board may itself conduct the hearing and take the evidence,
or may designate any one or more of its members, or any officer or
employee of the assigned department to:
(a)
Issue, in the name of the hearing board, notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings.
(b)
Receive evidence.
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the hearing board
for action thereon.
(3)
At any hearing pursuant to this article, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
(4)
After the hearing board has reviewed the evidence, it may issue an
order to the user responsible for the discharge, directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances and are properly operated. Further
and/or other orders and directives as are necessary and appropriate
may be issued.
G.
Consent orders. The City 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.
H.
Compliance orders. When the Industrial Pretreatment Coordinator finds
that a user has violated or continues to violate any provision of
this article, an IWDP or order issued hereunder, or any other pretreatment
standard or requirement, the City may issue an order to the user responsible
for the discharge, directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided, wastewater service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the POTW. A compliance schedule
contained in any compliance order shall not be construed as an extension
of the deadline for compliance established for any pretreatment standard
or requirement, nor does a compliance order relieve the user of liability
for any violation, including any continuing violation.
I.
Cease and desist orders. When the Industrial Pretreatment Coordinator
finds that a user has violated or continues to violate any provision
of this article, an IWDP or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are
likely to recur, the City and/or the Borough and Borough Authority
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, terminating the discharge or hauling noncompliant
discharges off site for proper disposal.
J.
Administrative fines.
(1)
When the Industrial Pretreatment Coordinator finds that a user has
violated or continues to violate any provision of the City of Bethlehem
Codified Ordinances adopted herein by reference, an IWDP or order
issued hereunder, or any other pretreatment standard or requirement,
the City may fine such user in an amount not to exceed the amount
set forth in Section 923.99 of the City of Bethlehem Codified Ordinance,
adopted herein by reference, for each violation regardless of jurisdictional
boundaries. Such fines shall be assessed in accordance with the terms
set forth in this article and/or the City's Enforcement Response
Plan. In the case of weekly, monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation.
(2)
A lien against the user's property will be sought and other
enforcement collection action may be taken for unpaid fines.
(3)
Users desiring to dispute such fines shall file a written request
for the City to reconsider the fine along with the full payment of
the fine amount within 30 days of being notified of the fine. The
hearing board may convene to deliberate on the matter. In the event
the appeal is successful, the payment, together with any interest
accruing thereto, shall be returned to the user. The City may add
the costs of preparing administrative enforcement actions, such as
notices and orders, to the fine when the fine and or a portion of
same is substantiated.
(4)
Issuance of an administrative fine shall not be a bar against or
a prerequisite for taking any other action against the user.
K.
Legal action. The City and/or the Borough and Borough Authority shall
be able to seek injunctive relief for noncompliance by users with
pretreatment standards or requirements. Injunctive relief is available
for violations of any requirement stated in this article and/or the
City of Bethlehem Codified Ordinance or industrial waste discharge
permits, including, but not limited to, wastewater discharge violations,
failure to allow access by the City to a user's facility, failure
to submit reports by a specified deadline, or any violation of any
order of the City. The City Solicitor and/or Borough Solicitor may
commence an action for appropriate legal and/or equitable relief in
the local Court of Common Pleas.
L.
Remedies nonexclusive. The remedies provided for in this article
are not exclusive. The City and/or Borough and Borough Authority may
take any, all, or any combination of these actions against a noncompliant
user. Enforcement of industrial pretreatment program violations will
be in accordance with this article and/or the City's Enforcement
Response Plan. However, the City may take other action against any
user when the circumstances warrant. Further, the City is empowered
to take more than one enforcement action against any noncompliant
user. Where the Enforcement Response Plan does not provide guidelines
on enforcement action for a specific instance of noncompliance, the
City may impose other appropriate enforcement action to address the
noncompliance.
M.
Appeals. A user may appeal the terms of an IWDP administrative fine
or any administrative action within 30 days of notice of its issuance.
The written appeal request shall provide the name, address and telephone
number of the appellant as well the date that the City and/or Borough
and Borough Authority took the action which is the subject matter
of the appeal. In its petition, the appealing party shall also indicate
the provisions objected to, the reasons for this objection, and the
alternative condition, if any.
(1)
Failure to submit a timely appeal for review shall be deemed to be
a waiver of the administrative appeal.
(2)
The conditions of the current IWDP shall remain in effect pending
the appeal of the new IWDP.
(3)
The City and/or Borough and Borough Authority shall respond with
its position within 60 days of filing of an appeal.
(4)
The user must file its appeal with the hearing board described in
Section 923.05(e) of the Codified Ordinances of the City of Bethlehem
to conduct a hearing and decide an appeal on the matter.
(5)
Aggrieved parties seeking judicial review of the final administrative
decision must do so by filing a complaint with the local Court of
Common Pleas within 30 days of the decision of the hearing board.
N.
Conference option. At the time an appeal is requested, the user may
also request a conference with the City and/or Borough and Borough
Authority prior to the scheduling of a hearing board hearing. Said
conference will include appropriate members of the municipal and/or
authority staff and its agents. Violations and penalties will be explained
and discussed. Electing this option does not foreclose and/or affect
the user's right to a hearing, provided that the written request
for the hearing was filed within 30 days of service as noted above.
The purpose of this option is to provide the user with an informal
forum within which to discuss the alleged violations and expedite
conclusion and/or resolution of outstanding enforcement actions. If
resolution is not reached within 90 days of the scheduled conference,
the City shall schedule the matter for hearing board hearing. In any
event, either party may request a hearing board hearing at any point
during the conference proceedings.
A.
All ordinances and parts of ordinances inconsistent herewith be and
the same are hereby repealed.
B.
The Borough of Hellertown has executed an agreement with the City
of Bethlehem dated November 4, 1985, and has adopted this article
to enforce the terms of that agreement. Notwithstanding anything herein
to the contrary, the Borough of Hellertown, in its sole and absolute
discretion, unilaterally reserves the right to amend, alter or repeal
this article and any part thereof; provided, however, the Borough
of Hellertown shall serve prior written notice, not less than 60 days
prior to the date of enactment of such amendment of repeal, upon the
City of Bethlehem. The Borough of Hellertown reserves the right to
engage in such activities on more than one occasion, provided notice
thereof is given to the City of Bethlehem and such action on the part
of the City of Bethlehem, with or without the consent of the City
of Bethlehem and also over the objection of the City of Bethlehem,
shall constitute a pro tonto modification of this agreement and, if
applicable, a repeal of this agreement, it being mutually agreed that
the Borough of Hellertown for itself, its successors and assigns has
reserved the unilateral rights stated above.
C.
The Borough of Hellertown reserves all rights pursuant to the aforesaid
paragraph to alter, amend or repeal this article without the consent
of the City of Bethlehem, its successor or assigns.
A.
Holding tank waste. The City may accept discharged, trucked or hauled
waste exclusively from holding tanks for treatment. The decision for
approval shall be based on, but not limited to, the source, characteristics
and volume of waste to be discharged. In no instance shall holding
tank waste be discharged to the POTW without prior approval by the
Superintendent. All holding tank waste discharges shall be regulated
through the City's industrial pretreatment program.
B.
Septage. The City may accept for treatment trucked and hauled septage
which originated from chemical toilets, campers, trailers or residential,
commercial, or industrial septic tanks/cesspools containing domestic
sewage only. The decision for approval shall be based on, but not
limited to, the characteristics of the septage in conjunction with
the volume of septage to be discharged. In no instance shall septage
be discharged to the POTW without prior approval by the Superintendent.
All septage discharges shall be regulated in accordance with the City's
industrial pretreatment program and/or septage management plan.
C.
Discharge points. The City shall designate the authorized discharge
point(s) for holding tank waste and septage. All such discharges must
be made at the designated point(s).
D.
Application for discharge. The City may require that some or all
of the information listed in Section 923.04(d) of the City of Bethlehem
Codified Ordinances, adopted herein by reference, be submitted to
the Industrial Pretreatment Coordinator for review as part of the
decisionmaking process for approval to discharge holding tank waste
or septage.
E.
Approval to discharge. The City may issue a letter of approval for
limited frequency discharges or may require that a permit be obtained
for the proposed discharge. Permits will be obtained in accordance
with Section 923.04 of the City of Bethlehem Codified Ordinances,
adopted herein by reference, and/or the City's septage management
plan incorporated into this article by reference.
F.
Enforcement. Users will adhere to and obey all terms and conditions
stated in their individual approval letters or permits and the requirements
of this article. Any violation of the terms and conditions of individual
approval letters or permits or the requirements of this article shall
subject the user to the sanctions set out in this article. Obtaining
an approval to discharge holding tank waste or septage from the City
does not relieve a user of its obligation to comply with any other
requirements of federal, state and local law.
G.
Fees. A fee based on the City's current fee schedule will be levied on all holding tank waste or septage discharged to the City's POTW. Holding tank waste and septage may also be subject to surcharge fees as described in Section 923.03 (§ 338-19 of this article). (See City of Bethlehem Codified Ordinances, Ord. 2009-1, passed 1-6-2009, adopted herein by reference.)
A.
Criminal penalties. A user who willfully or negligently violates
any provision of this article, an IWDP or order issued hereunder,
or who willfully or negligently introduces any substance into the
POTW which causes personal injury, property damage, pass-through,
interference, or any user 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 article, an IWDP or order issued under this article, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article may be subject to criminal
prosecution in accordance with the applicable provisions of the Pennsylvania
Crimes Code, 18 Pa.C.S.A. § 101 et seq.
B.
Civil penalties.
(1)
In accordance with PA Act 9, any user who has violated or continues
to violate any provision of this article, an IWDP, or order issued
hereunder, or any other pretreatment standard or requirement shall
be liable to the City for a maximum civil penalty of $25,000 per violation
per day.
(2)
In determining the amount of civil liability, there shall be taken
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 by the user, the compliance
history of the user, and any other factor as justice requires. All
penalties shall be assessed in accordance with this article and the
City's Enforcement Response Plan.
(3)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
(4)
In the event any user's violation(s) results in the imposition of
a fine or other penalty on the City or the Borough and Borough Authority
by the EPA, the state or any other agency, such violation(s) shall
be punishable by a civil penalty at least equal to the dollar amount
imposed upon the City or the Borough and Borough Authority plus their
administrative, legal, engineering costs, and expenses, but not more
than $25,000 per day per violation.
C.
Pursuant to 40 CFR 403.8(f)(l)(vi)(A), any penalties required under
this section will apply per violation per day. Each day on which a
violation shall occur or continue shall be deemed a separate and distinct
offense. In the case of weekly, monthly or other long-term average
discharge limits, penalties shall accrue for each day during the period
of the violation. In addition to the penalties provided herein, the
City and/or Borough and Borough Authority may recover reasonable costs
for any loss, damage, cleaning, repair, or replacement work caused
by the violation, attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this article or the orders, rules,
regulations, and permits issued hereunder.