[Ord. 351, 7/10/1991, § 1.0; as amended by Ord.
424, 5/12/2004, § 1]
1.
Purpose and Policy. These rules and regulations set forth uniform
requirements for contributors into the POTW of the Upper Montgomery
Joint Authority. The objectives of these rules and regulations are:
A.
To prevent the introduction of pollutants into the POTW which will
or could cause interference in the operation of the POTW or contaminate
the resulting sludge at the POTW, or otherwise violate these rules
and regulations or any applicable rule or regulation of the EPA, Pennsylvania
DEP or successor agencies.
B.
To prevent the introduction of pollutants into the POTW which will
or could inadequately treated and thus pass through the POTW into
receiving waters or the atmosphere or otherwise be incompatible with
the POTW.
C.
To provide for equitable distribution of the cost of the implementation
and enforcement of these regulations.
D.
These rules and regulations provide for limitations on and regulation
of contributors to the POTW; through the issuance of permits to industrial
users; authorize monitoring and enforcement activities; require reporting
of use of the POTW; and provides for the setting of fees for the equitable
distribution of cost resulting from the program established herein.
E.
These rules and regulations shall apply to all persons who contribute
wastewater to the Authority's POTW. Except as otherwise provided herein,
the Authority shall administer, implement and enforce the provisions
of these rules and regulations.
F.
Nothing contained in these rules and regulations shall be construed
as preventing any special agreement or arrangement between the Authority
and any user.
2.
ACT OR THE ACT
AUTHORITY
BIOCHEMICAL OXYGEN DEMAND (BOD)
CATEGORICAL STANDARDS
COOLING WATERS
DISCHARGE
DOMESTIC USER
EFFLUENT
ENVIRONMENTAL PROTECTION AGENCY (EPA)
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
PASS THROUGH
PERMIT
PERSON
PH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT OR TREATMENT
PRETREATMENT STANDARDS
PUBLICLY OWNED TREATMENT WORKS
ALSO REFERRED TO AS POTW
SHALL
STATE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
HAZARDOUS POLLUTANT
WASTEWATER
WATERS OF THE STATE
Definitions. Unless the context specifically indicates otherwise,
the following terms and phrases as used in these rules and regulations
shall have the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., or
any successor law and all applicable regulations.
The Upper Montgomery Joint Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure five days at
20° C., expressed in terms of weight and concentration (milligrams
per liter (mg/l)), as defined in standard methods.
National Categorical Pretreatment Standards or pretreatment
standards.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The release of pollutants, including holding tank waste,
into the POTW and any source regulated under § 307(b), (c)
or (d) of the Act and at 40 CFR § 403.3(g).
All residential users.
All wastewater exiting the POTW.
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
Any person who contributes, causes or permits the contribution
of effluent into the POTW, except residential users.
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the Authority's NPDES permit. The term includes, among other things,
pass through, the prevention of sewage sludge use, sludge processes
or disposal by the POTW in accordance with 405 of the Act, 33 U.S.C.
§ 1345, or any criteria, guidelines or regulations developed
pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act,
the Toxic Substances Control Act or more stringent State criteria,
including those contained in any State sludge management plan prepared
pursuant to Title IV of SWDA applicable to the method of disposal
or use employed by the POTW.
Any regulation containing pollutant discharge limits promulgated
by the EPA at 40 CFR, Parts 401-471, in accordance with § 307(b)
and (c) of the Act, 33 U.S.C. § 1317, or successor regulations.
Any regulation developed under the authority of § 307(b)
of the Act and 40 CFR § 403.5, or successor regulations.
A permit issued pursuant to § 402 of the Act, 33
U.S.C. § 1342, or successor regulations.
A discharge which exists the POTW into waters of the United
States in quantities which, alone or in conjunction with a discharge
or discharges from other sources, 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).
The written consent of the Authority to allow an industrial
user to discharge wastewater to the POTW. The permit may contain conditions
and limitations.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, the United States and its agents, any other legal entity or
their legal representatives, agents or assigns. The masculine gender
shall include the feminine; the singular shall include the plural
where indicated by the context.
A symbol denoting the negative logarithm of the hydrogen
ion concentration in a solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater and which is owned and operated by the Upper Montgomery
Joint Authority.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutants, or the
alteration of the nature of pollutant properties in effluent 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),
or other applicable law or regulations.
Any substantive or procedural requirement related to pretreatment
other than a national pretreatment standard imposed on any user.
a treatment works as defined by § 212 of the Act,
33 U.S.C. § 1292, or any successor law and its applicable
regulations. This definition includes any sewers that convey wastewater
to the POTW treatment plant, pipes, pumping stations, manholes, sewers
and other conveyances. POTW shall also include any sewers that convey
wastewater to the POTW from persons outside the service area who are,
by contract or agreement with the Authority, users of the Authority's
POTW.
Is mandatory; "may" is permissive.
State of Pennsylvania.
A classification pursuant to the Standard Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Authority who is charged with
certain duties and responsibilities by this Part, or his duly authorized
representative.
The total suspended solids as determined by the latest editions
of standard methods.
Any pollutant or combination of pollutants listed as prohibited
or restricted in regulations promulgated by authorities authorized
by law.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated which is contributed into
or permitted to enter the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulation of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the State or any portion thereof.
3.
Abbreviations. The following abbreviations shall have the designated
meanings:
A.
BOD — biochemical oxygen demand.
B.
CFR — code of Federal regulations.
C.
COD — chemical oxygen demand.
D.
EPA — Environmental Protection Agency.
E.
l — liter.
F.
mg — milligrams.
G.
mg/l — milligrams per liter.
H.
NPDES — National Pollutant Discharge Elimination System.
I.
PaDEP — Pennsylvania Department of Environmental Protection.
J.
POTW — publicly owned treatment works.
K.
SIC — standard industrial classification.
L.
SWDA — Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
M.
USC — United States Code.
N.
TSS — total suspended solids.
[Ord. 351, 7/10/1991, § 2.0; as amended by Ord.
424, 5/12/2004, § 1]
1.
General. All industrial users shall obtain a permit from the Authority.
No industrial user shall discharge any wastewater to the POTW without
a permit. No industrial user shall contribute or cause to be contributed,
directly or indirectly, any wastewater which will or may violate these
rules and regulations, any applicable rules or regulations of EPA
or Pennsylvania DEP. All permits shall be deemed to incorporate, by
reference, the terms, provisions and prohibitions of this Part and
all applicable rules and regulations of the EPA and Pennsylvania DEP,
as same may be amended and revised from time to time.
2.
General Prohibitions. The following general prohibitions apply to
all users:
A.
Any liquids, solids or gases 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 other
way to the POTW or to the operation of the POTW. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketone, hydrides, sulfides and
any other substance determined by the Authority, the State or EPA
to be a fire hazard or other hazard to the POTW.
B.
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the POTW such
as, but not limited to, grease, improperly shredded garbage, animal
guts or tissues, paunch manure, bones, hair, hides, spent lime, stone
or marble dust, metal, glass, straw, ashes, cinders, feathers, sand,
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, glass grinding or polishing
wastes.
C.
Any wastewater having a pH less than 5.5 or greater than 9.5, or
wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or personnel of the
POTW.
D.
Any wastewater containing hazardous pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure the
treatment process at the POTW, cause interference, constitute a hazard
to humans or animals, create a toxic or hazardous effect in either
the receiving waters or the sludge of the POTW or to exceed the limitation
set forth in a categorical pretreatment standard. A hazardous pollutant
shall include, but not be limited to, any pollutant identified pursuant
to any law or its regulations, or any successor law or amendments
thereto.
E.
Any noxious or malodorous liquids, gases or solids which either singly
or by interaction with other wastes are sufficient to create a public
nuisance or hazard to life, or are sufficient to prevent entry into
the sewers for maintenance and repair.
F.
Any substance which may cause the POTW's effluent or any other product
of the POTW such as residues, sludges or scums to be unsuitable for
reclamation, reuse or disposal, or to interfere with these processes.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under § 405 of the Act, or any
other applicable law or regulations promulgated pursuant thereto;
any criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substance Control Act or State criteria applicable
to the sludge management method being used.
G.
Any substance which will cause the POTW to violate its NPDES or other
permit or the water quality standards of the receiving stream.
H.
Any wastewater with color that cannot be removed by the treatment
process.
I.
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW's which exceeds 40° C. (104° F.).
J.
Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which cause
interference to the POTW. In no case shall wastewater have a flow
rate or contain concentrations or qualities of pollutants that exceed
for any time period longer than 15 minutes more than five times the
average twenty-four-hour concentration, quantities or flow during
normal operation.
K.
Any wastewater containing any radioactive wastes.
L.
Any wastewater which cause a hazard to human life or creates a public
nuisance.
M.
Stormwater, groundwater, roof runoff, subsurface drainage or noncontact
cooling water (except cooling water which otherwise meets the criteria
of this Part).
3.
More Stringent State or Federal Requirements. Upon the promulgation
of any State or Federal standard, the State or Federal standard, if
more stringent than limitations imposed under these rules and regulations,
shall apply. Each industrial user shall be responsible to notify the
authority of changes to their status under the Federal, State or local
regulations.
4.
Specific Pollutant Limitations. No person shall discharge wastewater
containing an excess of:
|
Parameter
|
Maximum Concentration Allowed (mg/l)
|
|---|---|
|
Antimony
|
5.0
|
|
Arsenic
|
0.1
|
|
Barium
|
4.0
|
|
Boron
|
1.0
|
|
Cadmium
|
0.05
|
|
Chromium (hexavalent)
|
0.1
|
|
Chromium (total)
|
2.0
|
|
Copper
|
1.0
|
|
Cyanide
|
0.2
|
|
Iron
|
5.0
|
|
Lead
|
0.1
|
|
Manganese
|
1.0
|
|
Mercury
|
0.01
|
|
Nickel
|
1.0
|
|
Phenol
|
0.5
|
|
Selenium
|
0.04
|
|
Silver
|
0.1
|
|
Tin
|
3.0
|
|
Vanadium
|
3.0
|
|
Zinc
|
4.0
|
|
Total halogenated organics
|
5.0 for any parameter
|
|
Toxic pollutants listed in § 307, Clean Water Act
|
30.0 total for all toxic parameters on list
|
|
BOD
|
250 mg/l
|
|
Suspended solids
|
250 mg/l
|
|
Ammonia Nitrogen
|
25 mg/l as N
|
|
TKN
|
40 mg/l as N
|
|
Oil and/or grease
|
100 mg/l
|
|
Where any user requires greater than 5% of the POTW treatment
plant's capacity on an average daily mass basis, more stringent limitations
may be imposed.
| |
5.
Authority's Right of Revision. The authority reserves the right to establish by rules and regulations, or other appropriate method, more stringent limitations or requirements on discharges to the POTW, if deemed necessary to comply with the objectives presented in § 18-301(1) of these rules and regulations. All such revisions shall automatically constitute revisions to any permit issued.
6.
Dilution Prohibited. No person connected to the POTW shall ever in
any way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment, to achieve compliance with any limitations
contained in any applicable Federal or State laws or regulations,
standards or with any other pollutant-specific limitation developed
by the Authority.
7.
Accidental Discharge.
A.
All industrial users shall provide protection from accidental discharge
of prohibited materials or other substances regulated by these rules
and regulations. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the industrial user's
own cost and expense.
B.
Detailed plans showing facilities and operating procedures to provide
this protection may be, in the Authority's discretion, required. No
nondomestic user who contributes wastewater to the POTW after the
effective date of these rules and regulations shall be permitted to
continue to introduce wastewater into the POTW until accidental discharge
procedures have been, if requested, approved by the Authority. Review
and approval of such plans and operating procedures shall not relieve
the nondomestic user from the responsibility to modify its facility,
as necessary, to meet the requirements of these rules and regulations.
C.
In the case of an accidental discharge, it is the responsibility
of the industrial user to immediately telephone the Authority and
notify it of the incident. The notification shall include location
of discharge, type of waste, concentration and volume and corrective
actions taken and to be taken.
8.
Written Report. Within five days following an accidental discharge,
the industrial user shall submit to the Authority a detailed written
report describing the cause of the discharge and the measures to be
taken to mitigate any expense, loss, damage or other liability which
may be incurred as a result of damage to the POTW or any other damage
of any kind to person or property. Such report shall not relieve the
industrial user of any fines, civil penalties or other liability which
may be imposed by this Part or other applicable law.
[Ord. 351, 7/10/1991, § 3.0]
1.
The Authority will charge its expenses to all industrial users who
or which have violated or failed to comply with these rules and regulations,
which will include, among other things, expenses it may have incurred,
as follows:
A.
Costs the Authority incurs for engineering, legal and administrative
support in promulgating and enforcing these rules and regulations.
B.
For monitoring, inspections and surveillance procedures.
C.
For reviewing accidental discharges procedures and construction.
D.
For permit applications.
E.
For filing appeals.
F.
Other expenses the Authority may deem necessary to carry out the
requirements contained herein.
2.
These expenses shall relate solely to the matters covered by these
rules and regulations and are separate from all other fees or charges
of the Authority. The industrial user is responsible to the Authority
for all expenses as set forth herein.
[Ord. 351, 7/10/1991, § 4.0; as amended by Ord.
424, 5/12/2004, § 1]
1.
Industrial User Permit.
A.
All industrial users shall obtain a permit from the Authority. No
industrial user shall discharge or continue to discharge any wastewater
to the POTW without a permit.
B.
The authority may require an industrial user of the POTW to provide
information needed to determine compliance with these rules and regulations
or other applicable local, State or Federal laws, rules or regulations.
These requirements may include:
(1)
Wastewater discharge peak rate and volume records over a specified
time period.
(2)
Information on raw materials, processes and products affecting
wastewater volume and/or quality.
(3)
A plot plan of sewers on the industrial user's property showing
sewer facilities.
(4)
Details of systems to prevent stormwater, ground water, roof
runoff, subsurface drainage or noncontact cooling water (except cooling
water which otherwise meets the criteria of this Part) from entering
the POTW.
(5)
Such other information as the Authority may reasonably require.
C.
All measurements, tests, sampling and analyses of the characteristics
of wastewater to which reference is made in these rules and regulations
shall be determined in accordance with procedures established pursuant
to § 304(g) of the Act, and contained in 40 CFR, Part 136,
and amendments or successor regulations thereto.
2.
Permit Applications.
A.
All industrial users shall complete and file with the Authority an
application in the form prescribed by the Authority and shall pay
the required fee. The Authority will adopt a fee schedule setting
forth the permit fees.
B.
The Authority will evaluate the data furnished by the applicant and
may require additional information. After evaluation of the data furnished,
the Authority may approve the issuance of a permit subject to terms
and conditions provided herein.
3.
Permit Modifications.
A.
The Authority reserves the right to modify the permit and/or add
or delete conditions at any time. The permit holder shall be informed
of any change in the permit immediately.
B.
Upon the promulgation of a National Categorical Pretreatment Standard
or any successor or like standard promulgated by authorized authority,
the permit shall be subject to such standards and shall be deemed
to incorporate by reference such standards. Accordingly, the permit
shall be revised automatically and without the necessity of formal
revisions to require compliance with such standard within the time
frame prescribed by such standard.
4.
Permit Conditions. The permits shall be expressly subject to all
provisions of these rules and regulations and all other applicable
regulations of EPA, Authority or Pennsylvania DEP or successor agencies.
The permit may, in addition, contain the following:
A.
Limits on the maximum wastewater constituents and characteristics more stringent than those set forth in § 18-302(4) herein.
B.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
C.
Compliance schedules.
D.
Requirements for submission of technical reports or discharge reports.
E.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Authority and affording
the Authority access thereto. All records shall be maintained for
a minimum of three years.
F.
Other conditions as deemed necessary to ensure compliance with these
rules and regulations.
5.
Permit Duration. Permits shall be issued for a specified time permit,
not to exceed five years. The permit holder shall apply to the Authority
for permit re-issuance a minimum of 180 days prior to the expiration
of the permit. Failure to comply with these provisions regarding permit
renewal shall not excuse noncompliance with these regulations.
6.
Permit Transfer. Permits are issued to a specific industrial user
for a specific operation. A permit shall not be assigned, transferred
or sold to a new owner, new industrial user, different premises or
a new or changed operation without the written approval of the Authority.
7.
Access for Inspection and Monitoring.
A.
The Authority may, at any time, inspect the facilities of any industrial
user. Persons or occupants of premises where wastewater is created
or discharge shall allow the Authority or its representatives ready
access during all working hours and, upon the request of the Authority
during nonworking hours, to all parts of the premises for the purposes
of inspection, sampling, records examination, including the copying
thereof, or in the performance of any of their duties. The Authority,
Pennsylvania DEP and the EPA shall have the right to set up on the
industrial user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or metering operations.
B.
Where an industrial user has security measures in force which would
require proper identification and clearance before entry into its
premises, the industrial user shall make necessary arrangements with
its personnel so that upon presentation of suitable identification,
personnel from the Authority, Pennsylvania DEP and the EPA will be
permitted to enter without delay, for the purposes of permitting their
specific responsibilities.
8.
Control Manholes/Sampling Facilities.
A.
All industrial users discharging wastewater into the POTW shall,
if requested to do so by the Authority and without the necessity of
amending or modifying the permit, construct and maintain a suitable
control manhole(s) and/or other sampling facilities to facilitate
observation, measurement and sampling of all wastewater.
B.
The control manhole(s) or other sampling facilities shall be constructed
at locations and in a manner as required and approved by the Authority.
C.
The manhole(s) shall be installed by and at the expense of the industrial
user and shall be maintained by the industrial users as to be safe,
accessible to Authority and its personnel, and in proper operating
condition at all times.
9.
Monitoring Responsibilities. The installation, operation and maintenance
of effluent sampling facilities as may be required as a condition(s)
of the permit shall be the responsibility of the person discharging
effluent into the POTW, and such facilities shall be subject, at all
times, to the approval of the Authority. Access to the effluent sampling
location or locations shall be available to the Authority, by its
duly authorized representatives, at all times. Due care shall be exercised
in the collection and preservation of all samples to insure preservation
thereof in as nearly the natural state as possible, including refrigeration
of all samples which will be analyzed by biochemical methods.
10.
Pretreatment.
A.
Industrial users shall provide necessary effluent pretreatment as
required to comply with these rules and regulations and, in addition,
shall achieve compliance with all applicable State and/or Federal
regulations including, without limiting the foregoing, Federal categorical
pretreatment regulations or any successor regulations. Any facilities
required to pretreat effluent to levels as set forth herein shall
be provided, operated and maintained at the industrial user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Authority for review and shall be acceptable
to the Authority before construction of the facility. The review of
such plans and operating procedures will in no way relieve the industrial
user from the responsibility of modifying the facility as necessary
to produce an effluentment acceptable to the Authority under the provisions
of these rules and regulations. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be accepted
by the Authority prior to the industrial user's initiation of the
changes.
B.
All industrial users shall keep and maintain records of all pretreatment
activities including, without limiting the generality of the foregoing,
records of the proper disposition of wastes generated in the pretreatment
process and other wastes generated by the industrial user.
C.
All records relating to pretreatment shall be made available to officials
of the EPA, Pennsylvania DEP or the Authority.
11.
Confidential Information.
A.
Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the industrial user specifically
requests and is able to demonstrate to the satisfaction of the Authority
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the industrial user.
B.
When requested by the person furnishing the 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 of
uses related to these rules and regulations, the National Pollutant
Discharge Elimination Systems (NPDES) permit, State disposal permit
and/or the pretreatment programs; provided, however, that such portions
of a report shall be available for use by the State or any State agency
in judicial review or enforcement proceedings involving the person
furnishing the report. Effluent constituents and characteristics will
not be recognized as confidential information.
[Ord. 351, 7/10/1991, § 5.0; as amended by Ord.
424, 5/12/2004, § 1]
1.
Action upon Violation. Whenever the Authority finds that any industrial
user has violated or is violating these regulations, the permit, or
any applicable rule or regulation of EPA or Pennsylvania DEP, the
Authority may take action appropriate to the circumstances and, further,
as may be set forth herein.
2.
Modification of Permit. If the Authority proposes to modify the permit
of any permitted, it shall issue a notice of intention to modify the
permit and afford the permittee appeal and hearing rights as set forth
in § 18-305(5)(A) hereof.
3.
Suspension of Permit.
A.
The Authority may suspend a permit when such suspension is necessary,
in the opinion of the Authority, in order to stop an actual or threatened
discharge which presents, or may present, an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW, violates any rules or regulation
of EPA or Pennsylvania DEP, violates these rules and regulations,
or causes the Authority to violate any condition of its NPDES permit.
B.
Any person notified of a suspension of a permit shall immediately
stop or eliminate the discharge. In the event of a failure of the
person to comply voluntarily with the suspension order, the Authority
may take steps as deemed necessary including, without limiting the
generality of the foregoing, the imposition of use charges as set
forth herein.
C.
The Authority shall reinstate the permit upon proof of the elimination
of the noncomplying discharge by the nondomestic user, payment of
any damages, fines, penalties and/or costs associated with the discharge
and the submission of a detailed written statement describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence and such other requirements as may be reasonably
required by the Authority.
D.
The Authority shall provide written notice to the permittee of its
intention to suspend the permit and afford the permittee appeal and
hearing rights as set forth in § 18-305(5)(A), hereof.
4.
Revocation of Permit. Any industrial user who violates these rules
and regulations, any condition or limitation of any applicable permit
or applicable local, State and Federal laws or regulations is subject
to having the applicable permit revoked. The Authority shall provide
written notice to the permittee of its intention to suspend the permit
and afford the permittee appeal and hearing rights as set forth in
§ 18-305(5)(A), hereof. The following are exemplary of events
which could result in revocation:
A.
Failure of an industrial user to report factually the effluent constituents
and characteristics of his discharge.
B.
Failure to report significant changes in operations or effluent constituents
and characteristics.
C.
Refusal of reasonable access to the premises for the purpose of inspection
and monitoring.
D.
Violations of the conditions of the permit.
5.
Appeal. Any person who disputes any notice of proposed suspension
or revocation shall appeal such proposed suspension or revocation
to the Authority, with a statement of reasons for the appeal within
10 days of the notice.
A.
Hearing. Thereafter, upon notice in writing given to the permit holder
or any agent or officer thereof at least five days prior to the time
fixed therefor, the Authority shall convene and conduct a hearing
on the appeal. The cost of the stenographic transcript of such a proceeding
shall be borne by the appellant. Appellant shall, in addition, pay
a filing fee in an amount to be established from time to time by resolution
of Borough Council.
B.
Method of Decision. The findings and determinations of the Authority
shall be in writing and shall be mailed to the appellant or to his
duly authorized representative within 30 days of the hearing.
6.
Legal Action. If any person discharges effluent into the POTW contrary
to the provisions of these rules and regulations, the Authority may
commence an action for appropriate legal and/or equitable relief in
any court of competent jurisdiction.
7.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not less than $25 nor more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
