Borough of Hellertown, PA Article III Industrial Waste Disposal

[Adopted 11-2-2009 by Ord. No. 739]

§ 338-16 Enactment.

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.

§ 338-17 Definitions (923.01).

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. Definitions. As used in this article, the following terms shall have the meanings indicated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

ADMINISTRATOR or THE ADMINISTRATOR

The Administrator of the U.S. Environmental Protection Agency.

APPROVAL AUTHORITY

The Regional Administrator of EPA Region III, as defined in 40 CFR 403.3(c).

AUTHORIZED REPRESENTATIVE OF A USER

An authorized representative of a user may be:

(1) 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;

(2) A general partner or proprietor, if the user is a partnership or proprietorship, respectively;

(3) A director or highest official appointed or designated to oversee operations and performance, if the user is a federal, state or local governmental facility.

(4) 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.

BEST MANAGEMENT PRACTICE (BMP)

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.)

BIOCHEMICAL OXYGEN DEMAND (BOD₅)

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.

BOROUGH

The Borough of Hellertown, Pennsylvania, or its authorized representatives or Borough Council

BOROUGH AUTHORITY

The Borough of Hellertown Water and Sewer Authority or its authorized representative or Authority Board.

BUILDING SEWER

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

CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD₅)

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.

CATEGORICAL STANDARD or CATEGORICAL PRETREATMENT STANDARD

See "national categorical standard."

CHEMICAL OXYGEN DEMAND (COD)

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.

CITY

The City of Bethlehem, Pennsylvania, or the City Council of Bethlehem.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

CONTROL AUTHORITY

The City of Bethlehem.

DIRECT DISCHARGE

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

DIRECTOR OF WATER AND SEWER RESOURCES

The person designated by the City to implement, administer and enforce the provisions of this article or the Director's duly authorized representative.

DOMESTIC SEWAGE

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.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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.

EXISTING SOURCE

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.

GRAB SAMPLE

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.

HEARING BOARD

The Board appointed according to provisions of the City of Bethlehem Section 923.05, incorporated into this article by reference.

HOLDING TANK WASTE

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.

INDIRECT DISCHARGE

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).

INDUSTRIAL PRETREATMENT COORDINATOR

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.

INDUSTRIAL USER

A source of indirect discharge.

INDUSTRIAL WASTE

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.

INDUSTRIAL WASTE DISCHARGE PERMIT (IWDP)

A Permit as set forth in Section 923.04 of this article.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(2) 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.

MONTHLY AVERAGE

The arithmetic mean of the values for users' samples collected over a calendar month.

NATIONAL CATEGORICAL STANDARD or CATEGORICAL STANDARD

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.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

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

NATIONAL PRETREATMENT STANDARD or NATIONAL STANDARD

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.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(1) The building, structure, facility or installation is constructed at a site at which no other source is located;

(2) The building, structure, facility or installation totally replaced the process or production equipment that causes the discharge of pollutants at an existing source; or

(3) 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.

PASS-THROUGH

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).

PERSON

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.

pH

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.

POLLUTANT

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.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of the environment.

POTW TREATMENT PLANT

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

PRETREATMENT or TREATMENT

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).

PRETREATMENT REQUIREMENTS

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

PRETREATMENT STANDARD

See "national pretreatment standard."

PUBLICLY OWNED TREATMENT WORKS (POTW)

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.

SEPTAGE

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.

SEWAGE

See "wastewater."

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the City's POTW who:

(1) Is subject to categorical standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or

(2) 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.

SLUG LOAD or SLUG

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.

SPECIFIC POLLUTANT DISCHARGE LIMITATIONS or LOCAL LIMITS

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.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

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

State of Pennsylvania.

STORMWATER

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

SUPERINTENDENT

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.

TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS

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.

USER

Any person who utilizes the services of the City's POTW.

WASTEWATER

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.

WATER QUALITY MANAGER

The person designated by the City to supervise the operation of the Water Quality Bureau.

WATERS OF THE STATE

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.

WEEKLY AVERAGE

The arithmetic mean of the values for the users' samples collected over a seven-day calendar week.

§ 338-18 General discharge regulations (923.02).

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.

§ 338-19 Fees (923.03).

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.

A. Service charges and fees. The charges and fees include:

(1) Fees for monitoring, inspections and surveillance procedures completed by the City or the City's contract laboratory to be billed at 1.15 times the actual cost.

(2) Fees for IWD permit applications: $250.

(3) Fees for filing appeals: $200.

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.

§ 338-20 Permits (923.04).

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.

(e) The Industrial Pretreatment Coordinator may waive some or all of the reporting requirements described in Subsection M(4)(a) and (b) if it is determined that the City will complete discharge monitoring on the user's behalf.

(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.

(9) All reports described in Subsection M(1) through (8) must include the certification statement listed in 40 CFR 403.6(a)(2)(ii).

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:

(a) The date, exact place, method, time of sampling and the names of the person(s) collecting the samples;

(b) Dates analyses were performed;

(c) Who performed the analyses;

(d) Analytical techniques/methods used; and

(e) The results of such analyses.

(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.

§ 338-21 Enforcement (923.05).

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.

§ 338-22 Repealer and ability to amend and repeal all of or parts of this article without the consent of the City of Bethlehem (923.06).

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.

§ 338-23 Holding tank waste (923.08).

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.)

§ 338-24 Penalty (923.99).

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.