[Adopted 10-11-2010 by Ord. No. 2010-07[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
Industrial Pretreatment Program, adopted 11-9-1998 by Ord. No. 98-9,
as amended.
This article shall be known as the "Industrial Pretreatment
Program (IPP) Ordinance," and the provisions hereof shall become effective
upon the date of adoption hereof, as entered below, and shall remain
in effect hereafter unless the same be repealed.
A.
This article sets forth uniform requirements for users of the publicly
owned treatment works for the Lower Allen Township Authority ("Authority")
and enables the Township and Authority to comply with all applicable
state and federal laws, including the Clean Water Act (33 U.S.C. § 1251
et seq.) and the General Pretreatment Regulations (40 CFR 403).
B.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
(2)
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass-through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
(4)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the publicly owned treatment
works; and
(6)
To enable the Authority to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements
and any other federal or state laws to which the publicly owned treatment
works is subject.
C.
This article shall apply to all users of the publicly owned treatment
works. The article authorizes the issuance of individual wastewater
discharge permits; provides for monitoring, compliance and enforcement
activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established by separate
resolution.
D.
Notwithstanding any other provision to the contrary, nothing in this
article shall be deemed to be a legally binding commitment under the
Clean Water Act, 33 U.S.C. § 1251 et seq., the Clean Streams
Law, 35 P.S. § 691.1 et seq., and applicable regulations
(e.g., 40 CFR 403, Title 25 Pa. Code) for the Township to undertake
implementation or enforcement activities beyond the minimum otherwise
required by these laws and regulations. Nevertheless, the Township
maintains discretionary authority to undertake activities beyond the
minimum required. Except as otherwise provided herein, the Board of
Commissioners of the Township, Township Manager, Superintendent of
the POTW or Authority Manager shall administer, implement and enforce
the provisions of this article.
Except as otherwise provided herein, the Township and Authority
shall administer, implement and enforce the provisions of this article.
Any powers granted to or duties imposed upon the Township and Authority
may be delegated by the Township and Authority to a duly authorized
employee.
The following abbreviations, when used in this article, shall
have the designated meanings:
|
BOD – Biochemical oxygen demand
|
|
BMP – Best management practice
|
|
BMR – Baseline monitoring report
|
|
CFR – Code of Federal Regulations
|
|
CIU – Categorical industrial user
|
|
COD – Chemical oxygen demand
|
|
EPA – U.S. Environmental Protection Agency
|
|
gpd – Gallons per day
|
|
IU – Industrial user
|
|
mg/l – Milligrams per liter
|
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NPDES – National Pollutant Discharge Elimination System
|
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POTW – Publicly owned treatment works
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RCRA – Resource Conservation and Recovery Act
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SIU – Significant industrial user
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SNC – Significant noncompliance
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TSS – Total suspended solids
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U.S.C. – United States Code
|
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, 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.
The Regional Administrator of Region III of the EPA.
The Lower Allen Township Authority, a Pennsylvania Municipal
Authority, its officers, board members, employees and agents, owner
and operator of the sewer collection systems in Lower Allen Township
and the Borough of Shiremanstown and Lower Allen wastewater treatment
plant system.
An employee of the Authority so designated by that title
who is charged with certain duties and responsibilities for the operation
of the POTW and this article.
If the user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decisionmaking functions for
the corporation; or
The manager of one or more manufacturing, production or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship; a general
partner or proprietor, respectively.
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility.
The individuals described in Subsections A through C of this definition above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, or the government facility, and the written authorization is submitted to the Authority.
Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in § 175-42A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act [33 U.S.C.
§ 1317(b) and (c)] that apply to a specific category of
users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405
through 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The Borough of Shiremanstown; the Commonwealth of Pennsylvania,
Department of Corrections; the Townships of Lower Allen, Upper Allen,
and Hampden; Cumberland County, Pennsylvania; the Township of Fairview,
York County, Pennsylvania; and their officers, members, employees,
agents and assigns.
The Lower Allen Township Authority.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, the Regional Administrator,
or other duly authorized official of said agency.
Any source of discharge that is not a new source.
A sample that is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal and, therefore, is a cause of a violation of the Authority's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act;[1] the Solid Waste Disposal Act,[2] including Title II, commonly referred to as the "Resource
Conservation and Recovery Act" (RCRA); any state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the Solid Waste Disposal Act; the Clean Air Act;[3] the Toxic Substances Control Act;[4] and the Marine Protection, Research, and Sanctuaries Act.[5]
Specific discharge limits developed and enforced by the Authority
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
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[6] that will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) or (3) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering and design studies, do not constitute
a contractual obligation under this subsection.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
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 Authority's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. This definition includes all federal, state and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 175-42 of this article.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Authority. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dish-washing
operations, etc.).
Except as provided in Subsection C of this definition:
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the Authority on the basis that it
has a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 175-42 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a non customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquid, and that is
removable by laboratory filtering.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
A.
General prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass-through
or interference. These general prohibitions apply to all users of
the POTW, whether or not they are subject to categorical pretreatment
standards or any other national, state or local pretreatment standards
or requirements.
B.
Specific prohibitions.
(1)
No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances or wastewater:
(a)
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, waste streams with a closed-cup flash
point of less than 140° F. (60° C.) using the test methods
specified in 40 CFR 261.21;
(b)
Wastewater having a pH less than 6.0 or more than 9.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(c)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference but in no case solids
greater than 1/2 inch in any dimension or above industrial discharger
permit listed limits;
(d)
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW or above industrial discharger permit
listed limits;
(e)
Wastewater having a temperature greater than 140° F. (60°
C.), or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.);
(f)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin, in amounts that will cause interference or pass-through;
(g)
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems;
(h)
Trucked or hauled pollutants, except at discharge points designated by the Authority in accordance with § 175-51 of this article;
(i)
Noxious or malodorous liquids, gases, solids or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair;
(j)
Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the Authority's NPDES permit;
(k)
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
(l)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water and unpolluted wastewater,
unless specifically authorized by the Authority;
(m)
Sludges, screenings or other residues from the pretreatment
of industrial wastes;
(n)
Medical wastes, except as specifically authorized by the Authority
in an individual wastewater discharge permit;
(o)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(p)
Detergents, surface-active agents or other substances that might
cause excessive foaming in the POTW;
(q)
Fats, oils or greases of animal or vegetable origin in concentrations
greater than a maximum daily 200 mg/l and a monthly average 100 mg/l;
(r)
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW, or at any point in the POTW,
of more than 5% or any single reading over 10% of the lower explosive
limit of the meter.
(2)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
Users must comply with the categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 through 471. Environmental Protection Agency regulations at 40 CFR 403.13 authorize a CIU to obtain a variance from a categorical pretreatment standard if the CIU 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 pretreatment standard. The Township and Authority may recognize revised standards if the user has obtained an FDF variance from EPA on the basis of 40 CFR 403.13 and consider using revised EPA FDF variance standards.
A.
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Authority may impose equivalent concentration or mass limits in accordance with § 175-43E and [40 CFR 403.6(c)].
B.
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Authority
may convert the limits to equivalent limitations expressed either
as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users [40 CFR 403.6(c)(2)].
C.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Authority
shall impose an alternate limit in accordance with 40 CFR 403.6(e).
D.
A CIU may obtain a net/gross adjustment to a categorical pretreatment
standard in accordance with the following subsections of this section
(40 CFR 403.15).
(1)
Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the Authority. Upon request of the industrial user, the applicable standard will be calculated on a net basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of Subsection D(2) of this section are met.
(2)
Criteria.
(a)
Either the applicable categorical pretreatment standards contained
in 40 CFR, Subchapter N, specifically provide that they shall be applied
on a net basis or the industrial user demonstrates that the control
system it proposes or uses to meet applicable categorical pretreatment
standards would, if properly installed and operated, meet the standards
in the absence of pollutants in the intake waters.
(b)
Credit for generic pollutants such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease shall not
be granted unless the industrial user demonstrates that the constituents
of the generic measure in the user's effluent are substantially similar
to the constituents of the generic measure in the intake water or
unless appropriate additional limits are placed on process water pollutants
either at the outfall or elsewhere.
(c)
Credit shall be granted only to the extent necessary to meet
the applicable categorical pretreatment standard(s), up to a maximum
value equal to the influent value. Additional monitoring may be necessary
to determine eligibility for credits and compliance with standard(s)
adjusted under this section.
(d)
Credit shall be granted only if the user demonstrates that the
intake water is drawn from the same body of water as that into which
the POTW discharges. The Authority may waive this requirement if it
finds that no environmental degradation will result.
E.
When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the Authority convert the limits to equivalent mass limits. Mass-based limit requests will not be approved by the Authority in place of categorical concentration-based limits for pollutants such as pH, temperature, radiation or any other pollutants for which mass limits are not appropriate. The determination to convert concentration limits to mass limits is within the discretion of the Authority. The Authority may establish equivalent mass limits only if the industrial user meets all the conditions set forth in § 175-43E(1)(a) through (e) below.
(1)
To be eligible for equivalent mass limits, the industrial user must:
(a)
Employ, or demonstrate that it will employ, water conservation
methods and technologies that substantially reduce water use during
the term of its individual wastewater discharge permit;
(b)
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard
and not have used dilution as a substitute for treatment;
(c)
Provide sufficient information to establish the facility's actual
average daily flow rate for all waste streams, based on data from
a continuous effluent flow monitoring device, as well as the facility's
long-term average production rate. Both the actual average daily flow
rate and the long-term average production rate must be representative
of current operating conditions;
(d)
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge; and
(e)
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass limits.
(2)
An industrial user subject to equivalent mass limits must:
(a)
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
(b)
Continue to record the facility's flow rates through the use
of a continuous effluent flow monitoring device;
(c)
Continue to record the facility's production rates and notify the Authority whenever production rates are expected to vary by more than 20% from its baseline production rates determined in § 175-43E(1)(c) of this section. Upon notification of a revised production rate, the Authority will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
(d)
Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to § 175-43E(1)(a) of this section so long as it discharges under an equivalent mass limit.
(3)
When developing equivalent mass limits, the Authority:
(a)
Will calculate the equivalent mass limit by multiplying the
actual average daily flow rate of the regulated process(es) of the
industrial user by the concentration-based daily maximum and monthly
average standard for the applicable categorical pretreatment standard
and the appropriate unit conversion factor;
(b)
Upon notification of a revised production rate, will reassess
the equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
(c)
May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 175-47. The industrial user must also be in compliance with § 175-103, regarding the prohibition of bypass.
F.
The Authority may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419 and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. When converting such limits to concentration limits, the Authority will use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419 and 455 and document that dilution is not being substituted for treatment as prohibited by § 175-47 of this article. In addition, the Authority will document how the equivalent limits were derived for any changes from concentrations to mass limits, or vice versa, and make this information publicly available [40 CFR 403.6(c)(7)].
G.
Once included in its permit, the industrial user must comply with the equivalent limitations developed in this § 175-43 in lieu of the promulgated categorical standards from which the equivalent limitations were derived [40 CFR 403.6(c)(7)].
H.
Many categorical pretreatment standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average, or four-day average, limitations. Where such
standards are being applied, the same production or flow figure shall
be used in calculating both the average and the maximum equivalent
limitation [40 CFR 403.6(c)(8)].
I.
Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the Authority within two business days after the user
has a reasonable basis to know that the production level will significantly
change within the next calendar month. Any user not notifying the
Authority of such anticipated change will be required to meet the
mass or concentration limits in its permit that were based on the
original estimate of the long-term average production rate [40 CFR
403.6(c)(9)].
Users must comply with all applicable Pennsylvania Consolidated
Statutes, as amended.
A.
The Authority is required and authorized to establish local limits
pursuant to 40 CFR 403.5(c).
B.
Pollutant limits.
(1)
The following pollutant limits are established to protect against
pass-through and interference. No person shall discharge wastewater
containing in excess of the following monthly average and daily maximum
limits.
|
Pollutant
|
Monthly Average
(mg/l)
|
Daily Maximum
(mg/l)(1)
|
Maximum Allowable Headworks
(lb/day)(2)
|
|---|---|---|---|
|
Arsenic
|
0.1420
|
0.2840
|
0.6234
|
|
Cadmium
|
0.0908
|
0.1815
|
0.3983
|
|
Chromium
|
4.2220
|
8.4439
|
18.5320
|
|
Copper
|
2.6575
|
5.3150
|
15.4752
|
|
Cyanide
|
1.4077
|
2.8153
|
6.2836
|
|
Lead
|
0.9672
|
1.9344
|
4.2456
|
|
Mercury
|
0.0442
|
0.0883
|
0.1939
|
|
Molybdenum
|
0.5485
|
1.0970
|
2.5920
|
|
Nickel
|
1.5588
|
3.1175
|
6.8420
|
|
Selenium
|
0.3118
|
0.6235
|
1.3684
|
|
Silver
|
3.2657
|
6.5313
|
14.3344
|
|
PCBs
|
0.0001
|
0.0002
|
0.0547
|
|
Zinc
|
1.2145
|
2.4290
|
18.8507
|
|
NOTES:
| |
|---|---|
|
Based on EPA Version Pa. 3.1, 1-26-2010:
| |
|
(1)
|
Table 18
|
|
(2)
|
Table 20
|
(2)
The above limits apply at the point where the wastewater is discharged
to the POTW. All concentrations for metallic substances are for total
metal unless indicated otherwise. The Authority may impose mass limitations
in addition to the concentration-based limitations above.
The Authority reserves the right to establish, by resolution
or in individual wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW consistent with the purpose
of this article.
No user shall ever increase the use of process water, or in
any way attempt to dilute a discharge, as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The Authority may impose mass limitations on users
who are using dilution to meet applicable pretreatment standards or
requirements or in other cases when the imposition of mass limitations
is appropriate.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 175-42 of this article within the time limitations specified by EPA, the state or the Authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Authority for review before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Authority under the provisions of this article.
A.
Whenever deemed necessary, the Township or Authority may require
users to restrict their discharge during peak flow periods, designate
that certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and such other conditions as may be
necessary to protect the POTW and determine the user's compliance
with the requirements of this article.
B.
The Township or Authority may require any person discharging into
the POTW to install and maintain, on his or her property and at his
or her expense, a suitable storage and flow-control facility to ensure
equalization of flow. An individual wastewater discharge permit may
be issued solely for flow equalization.
C.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Township and Authority, 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 users. All interception units shall be of a type and
capacity to accommodate the peak flow and loading expected to occur,
have a minimum size of 250 gallons, be located outside as to be readily
accessible for inspection and cleaning and be approved by the Authority.
D.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
The Township or Authority shall evaluate whether each SIU needs
an accidental discharge/slug discharge control plan or other action
to control slug discharges. The Township or Authority may require
any user to develop, submit for approval and implement such a plan
or take such other action that may be necessary to control slug discharges.
Alternatively, the Township or Authority may develop such a plan for
any user. An accidental discharge/slug discharge 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 Authority of any accidental or slug discharge, as required by § 175-72 of this article; and
D.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
The Authority will not receive hauled septic tank waste or hauled
industrial waste.
When requested by the Township or Authority, a user must submit
information on the nature and characteristics of its wastewater within
90 days of the request. The Authority is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
A.
No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Authority, except that a significant industrial user that has filed a timely application pursuant to § 175-54 of this article may continue to discharge for the time period specified therein.
B.
The Authority may require other users to obtain individual wastewater
discharge permits as necessary to carry out the purposes of this article.
C.
Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 175-85 through 175-100 of this article. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future shall, within 120 days after said date, apply to the Authority for an individual wastewater discharge permit in accordance with § 175-56 of this article and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this article except in accordance with an individual wastewater discharge permit issued by the Authority.
Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with § 175-56 of this article, must be filed at least 120 days prior to the date upon which any discharge will begin or recommence.
A.
All users required to obtain an individual wastewater discharge permit
must submit a permit application. The Township or Authority may require
users to submit all or some of the following information as part of
a permit application:
(2)
Environmental permits: a list of any environmental control permits
held by or for the facility.
(3)
Description of operations.
(a)
A brief description of the nature, average rate of production
(including each product produced by type, amount, processes and rate
of production) and standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram, which indicates points of discharge to the POTW from
the regulated processes.
(b)
Types of wastes generated and a list of all raw materials and
chemicals used or stored at the facility which are, or could accidentally
or intentionally be, discharged to the POTW.
(c)
Number and type of employees, hours of operation and proposed
or actual hours of operation.
(d)
Types and amounts of raw materials processed (average and maximum
per day).
(e)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation, and all points of discharge.
(4)
Time and duration of discharges.
(5)
The location for monitoring all wastes covered by the permit.
(6)
Flow measurement: information 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 § 175-43 [40 CFR 403.6(e)].
(7)
Measurement of pollutants.
(a)
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
(b)
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the standard or
by the Authority, of regulated pollutants in the discharge from each
regulated process.
(c)
Instantaneous, daily maximum and long-term average concentrations,
or mass, where required, shall be reported.
(d)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 175-76 of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Authority or the applicable standards to determine compliance with the standard.
(8)
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 175-70B [40 CFR 403.12(e)(2)].
(9)
Any other information as may be deemed necessary by the Authority
to evaluate the permit application.
B.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
B.
If the designation of an authorized representative is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility or overall responsibility for
environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
Authority prior to or together with any reports to be signed by an
authorized representative.
The Township or Authority will evaluate the data furnished by
the user and may require additional information. Within 60 days of
receipt of a complete permit application, the Authority will determine
whether to issue an individual wastewater discharge permit. The Authority
may deny any application for an individual wastewater discharge permit.
An individual wastewater discharge permit shall be issued for
a specified time period, not to exceed five years from the effective
date of the permit. An individual wastewater discharge permit may
be issued for a period of less than five years, at the discretion
of the Authority. Each individual wastewater discharge permit will
indicate a specific date upon which it will expire.
An individual wastewater discharge permit shall include such
conditions as are deemed reasonably necessary by the Township or Authority
to prevent pass-through or interference, protect the quality of the
water body receiving the treatment plant's effluent, protect worker
health and safety, facilitate sludge management and disposal, and
protect against damage to the POTW.
A.
Individual wastewater discharge permits must contain:
(1)
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date. (See § 175-59.)
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Authority in accordance with § 175-63 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits, including best management practices, based on applicable
pretreatment standards.
(4)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements: These requirements shall include an identification of
pollutants or best management practices to be monitored, sampling
location, sampling frequency and sample type based on federal, state
and local law.
(5)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 175-70B.
(6)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.
(7)
Requirements to control slug discharge, if determined by the Authority
to be necessary.
B.
Individual wastewater discharge permits may contain, but need not
be limited to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization.
(2)
Requirements for the installation of pretreatment technology, pollution
control or construction of appropriate containment devices, designed
to reduce, eliminate or prevent the introduction of pollutants into
the treatment works.
(3)
Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
(4)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
(5)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
(6)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices.
(7)
A statement that compliance with the individual wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the individual wastewater
discharge permit.
(8)
Other conditions as deemed appropriate by the Authority to ensure
compliance with this article and state and federal laws, rules and
regulations.
A.
Public notification. The Township or Authority may publish in a newspaper
of general circulation that provides meaningful public notice with
the jurisdiction served by the POTW, a notice to issue a pretreatment
permit at least 30 days prior to issuance. The notice will indicate
a location where the draft permit may be reviewed and an address where
written comments may be submitted.
B.
Permit appeals. The Township or Authority shall provide public notice
of the issuance of an individual wastewater discharge permit. Any
person, including the user, may petition the Authority to reconsider
the terms of an individual wastewater discharge permit within 30 days
of notice of its issuance.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the individual
wastewater discharge permit provisions objected to, the reasons for
this objection and the alternative condition, if any, it seeks to
place in the individual wastewater discharge permit.
(3)
The effectiveness of the individual wastewater discharge permit shall
not be stayed pending the appeal.
(4)
If the Township or Authority fails to act within 90 days, a request
for reconsideration shall be deemed to be denied. Decisions not to
reconsider an individual wastewater discharge permit, not to issue
an individual wastewater discharge permit or not to modify an individual
wastewater discharge permit shall be considered final administrative
actions for purposes of judicial review.
The Township or Authority may modify an individual wastewater
discharge permit 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 the
individual wastewater discharge permit issuance;
C.
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 Authority's POTW, Authority personnel, sludge quality or the
receiving waters;
E.
Violation of any terms or conditions of the individual wastewater
discharge permit;
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
H.
To correct typographical or other errors in the individual wastewater
discharge permit; or
A.
Individual wastewater discharge permits may be transferred to a new
owner or operator only if the permittee gives at least 60 days' advance
notice to the Township and Authority and the Authority approves the
individual wastewater discharge permit transfer. The notice to the
Township and Authority must include a written certification by the
new owner or operator which:
(1)
States that the new owner and/or operator has no immediate intent
to change the facility's operations and processes;
(2)
Identifies the specific date on which the transfer is to occur; and
(3)
Acknowledges full responsibility for complying with the existing
individual wastewater discharge permit.
B.
Failure to provide advance notice of a transfer renders the individual
wastewater discharge permit void as of the date of facility transfer.
A.
The Authority may revoke an individual wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1)
Failure to notify the Authority of significant changes to the wastewater
prior to the changed discharge;
(2)
Failure to provide prior notification to the Authority of changed conditions pursuant to § 175-71 of this article;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports and certification statements;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Authority timely access to the facility premises
and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this article.
B.
Individual wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All individual wastewater
discharge permits issued to a user are void upon the issuance of a
new individual wastewater discharge permit to that user.
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 175-56 of this article, a minimum of 120 days prior to the expiration of the user's existing individual wastewater discharge permit.
A.
If another municipality, state or federal operating property unit
or user located within another municipality contributes wastewater
to the POTW, the Authority shall receive and treat the wastewater
in accordance with the current contributing intergovernmental agreements
with the Township and Authority and the conditions of this article.
B.
In accordance with intergovernmental agreements, the Authority shall
request the following information from the contributing municipality
or government unit as mandated by EPA:
(1)
A description of the quality and volume of wastewater discharged
to the POTW by the contributing municipality;
(2)
An inventory of all users located within the contributing municipality
that are discharging to the POTW; and
(3)
Such other information as the Authority may deem necessary for compliance
with state and federal regulations.
C.
The contributing municipality or state or federal operating property
unit as provided for in the intergovernmental agreement shall, at
a minimum, comply with the following EPA-required conditions:
(1)
The contributing municipality or governmental unit shall adopt a sewer use ordinance or state-federal operating standard which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 175-45 of this article. The limits must be revised as necessary to reflect changes made by the Authority to the pretreatment program and local limits as mandated by EPA;
(2)
The contributing municipality or governmental unit shall submit a
revised user inventory on at least an annual basis to the Authority;
(3)
Pretreatment implementation activities, including individual wastewater
discharge permit issuance, inspection and sampling, and enforcement,
will be conducted by the contributing municipality or governmental
unit within the sewer system it owns and discharges to the Authority's
sewer system;
(4)
The contributing municipality or governmental unit shall provide
the Authority with access to all information that the contributing
municipality or governmental unit obtains as part of any pretreatment
activities undertaken by the municipality or government unit.
A.
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Township and Authority a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Township and Authority a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set forth below.
(2)
Measurement of pollutants.
(a)
The user shall provide the information required in Section 175-56A(7)(a) through (d).
(b)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection.
(c)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit, along with supporting data, shall be submitted
to the Control Authority.
(e)
The Township and Authority may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
(f)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
(3)
Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 175-41 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.
(4)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. 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 § 175-68 of this article.
The following conditions shall apply to the compliance schedule required by § 175-67B(4) of this article:
A.
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation).
B.
No increment referred to above shall exceed nine months;
C.
The user shall submit a progress report to the Authority no later
than 14 days following each date in the schedule and the final date
of compliance, including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay and, if appropriate,
the steps being taken by the user to return to the established schedule;
and
D.
In no event shall more than nine months elapse between such progress
reports to the Authority.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Township and Authority a report containing the information described in § 175-56A(6) and (7) and 175-67(B)(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 175-43 [40 CFR 403.6(c)], this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 175-80A of this article. All sampling will be done in conformance with § 175-77.
All SIUs are required to submit periodic compliance reports.
A.
Except as specified in § 175-70C, all significant industrial users must, at a frequency determined by the Township or Authority, submit no less than twice per year and no later than 45 days from the last day of June and December reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Authority or the pretreatment standard necessary to determine the compliance status of the user.
B.
The Authority may authorize an industrial user subject to a categorical
pretreatment standard to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the Discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user [40 CFR 403.12(e)(2)].
(1)
This authorization is subject to the following conditions:
(a)
The waiver may be authorized where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility, provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
(b)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 175-56A(8).
(c)
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one sampling of the
facility's process wastewater prior to any treatment present at the
facility that is representative of all wastewater from all processes.
(d)
The request for a monitoring waiver must be signed in accordance with § 175-41E and include the certification statement in § 175-80A [40 CFR 403.6(a)(2)(ii)].
(e)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA-approved method from 40
CFR 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(f)
Any grant of the monitoring waiver by the Authority must be
included as a condition in the user's permit. The reasons supporting
the waiver and any information submitted by the user in its request
for the waiver must be maintained by the Authority for three years
after expiration of the waiver.
(g)
Upon approval of the monitoring waiver and revision of the user's
permit by the Authority, the industrial user must certify on each
report with the statement in § 175-80C below that there
has been no increase in the pollutant in its waste stream due to activities
of the industrial user.
(h)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of § 175-70A, or other more frequent monitoring requirements imposed by the Authority, and notify the Authority.
(i)
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
(2)
Any Categorical user that is authorized to reduce its monitoring
to once per year is required to immediately notify the Authority if
it no longer meets the criteria for reduced monitoring [40 CFR 403.12(e)(3)(iv)].
C.
Reduced reporting.
(1)
The Authority may reduce the requirement for periodic compliance reports for Categorical users subject to categorical standards as may be permitted by § 175-70A [40 CFR 403.12(e)(1)] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following:
(a)
A value equal to 62,500 gallons per day, 0.01% of the POTW's
design dry-weather hydraulic capacity of the POTW, or 5,000 gallons
per day, whichever is smaller, as measured by a continuous effluent
flow monitoring device unless the industrial user discharges in batches;
and
(b)
A value equal to 108.46 pounds per day, 0.01% of the design
dry-weather organic treatment capacity of the POTW; and
(2)
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 175-84 of this article. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Authority decreasing the reporting requirement for this industrial user, would result in data that are not representative of conditions occurring during the reporting period.
D.
All periodic compliance reports must be signed and certified in accordance with § 175-80A of this article.
E.
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean and maintained in good working order at all times.
The failure of a user to keep its monitoring facility in good working
order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
F.
If a user subject to the reporting requirements in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Authority, using the procedures prescribed in § 175-77 of this article, the results of this monitoring shall be included in the report.
Each user must notify the Township and Authority of any significant
changes to the user's operations or system which might alter the nature,
quality or volume of its wastewater at least 30 days before the change.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the Authority of the incident. This notification shall include the
location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the Authority, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage or other liability
which might be incurred as a result of damage to the POTW, natural
resources or any other damage to person or property nor shall such
notification relieve the user of any fines, penalties or other liability
which may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the Authority
immediately of any changes at its facility affecting the potential
for a slug discharge.
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the Authority as the Authority
may require.
If sampling performed by a user indicates a violation, the user
must notify the Authority within 24 hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Authority within
30 days after becoming aware of the violation. Resampling by the industrial
user is not required if the Authority performs sampling at the user's
facility at least once a month, or if the Authority performs sampling
at the user's facility between the time when the initial sampling
was conducted and the time when the user or the Authority receives
the results of this sampling, or if the Authority has performed the
sampling and analysis in lieu of the industrial user.
A.
The discharge into the POTW of any substance which, if otherwise
disposed of, would be a hazardous waste under 40 CFR 261 is prohibited.
B.
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Township
and Authority, the EPA Regional Waste Management Waste Division Director
and state hazardous waste authorities, and stop the discharge of such
substance on the effective date of such regulations.
C.
In the case of any notification made under this section, the user
shall certify that it has a program in place stop the hazardous wastes
generated from being discharged.
D.
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder or any applicable federal or state law.
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR 136, and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR 136
does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Township or Authority or other
parties approved by EPA.
Samples collected to satisfy reporting requirements must be
obtained through appropriate sampling and analysis performed during
the period covered by the report, which is representative of conditions
occurring during the reporting period.
A.
Except as indicated in Subsections B and C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Authority. Where time-proportional composite sampling or grab sampling is authorized by the Authority, the samples must be representative of the discharge and the reasons documented for using the alternative sampling monitoring. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Township or Authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides and volatile organic compounds must be obtained using grab
collection techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 175-67 and 175-69 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Township or Authority may authorize a lower minimum. For the reports required by § 175-70 [40 CFR 403.12(e) and (h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and Requirements.
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
Users subject to the reporting requirements of this article
shall retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this article, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements and documentation associated with best management practices.
Records shall include the date, exact place, method and time of sampling
and the name of the person(s) taking the samples; the dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses. These records shall
remain available for a period of at least three years. This period
shall be automatically extended for the duration of any litigation
concerning the user, the Township or the Authority or where the user
has been specifically notified of a longer retention period by the
Township or Authority.
A.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 175-57; users submitting baseline monitoring reports under § 175-67B(5) [40 CFR 403.12(1)]; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 175-69 [40 CFR 403.12(d)]; users submitting periodic compliance reports required by § 175-70A through D [40 CFR 403.12(e) and (h)]; and users submitting an initial request to forego sampling of a pollutant on the basis of § 175-70B(1)(d) [40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative as defined in § 175-41:
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I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
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B.
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 175-70B must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user [40 CFR 403.12(e)(2)(v)].
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Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable National pretreatment standard part(s)]. I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 175-70A.
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The Township and Authority shall have the right to enter the
premises of any user to determine whether the user is complying with
all requirements of this article and any individual wastewater discharge
permit or order issued hereunder. Users shall allow the Township and
Authority ready access to all parts of the premises for the purposes
of inspection, sampling, records examination and copying and the performance
of any additional duties.
A.
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Township and Authority
shall be permitted to enter without delay for the purposes of performing
specific responsibilities.
B.
The Township or Authority shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
C.
The Township or Authority may require the user to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated at a minimum frequency specified
by the Township or Authority based on site conditions to ensure their
accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Township or Authority
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
E.
Unreasonable delays in allowing the Township or Authority access
to the user's premises shall be a violation of this article.
If the Township or Authority has been refused access to a building,
structure or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this article,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Authority designed to verify
compliance with this article or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, the Township or Authority may seek issuance of a search
warrant from the Court of Common Pleas of Cumberland or York County
or other appropriate forum and may request EPA enforcement assistance.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits and monitoring programs, and from the Township's or Authority's
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate to the satisfaction of the Township or Authority,
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined at 40 CFR 2.302, shall not be
recognized as confidential information and shall be available to the
public without restriction.
The Township or Authority shall publish annually, in a newspaper
of general circulation that provides meaningful public notice within
the jurisdictions served by the POTW, a list of the users which, at
any time during the previous 12 months, were in significant noncompliance
with applicable pretreatment standards and requirements. The term
"significant noncompliance" shall be applicable to all significant
industrial users (or any other industrial user that violates Subsections
C, D or H of this section) and shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 175-41;
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by § 175-41 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as defined by § 175-41 (daily maximum, long-term average, instantaneous limit or narrative standard) that the Authority 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;
D.
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the Authority's
exercise of its emergency authority to halt or prevent such a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or enforcement order for starting construction, completing
construction or attaining final compliance;
F.
Failure to provide, within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include a violation of best management
practices, which the Authority determines will adversely affect the
operation or implementation of the local pretreatment program.
When the Township or Authority finds that a user has violated,
or continues to violate, any provision of this article, an individual
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Township or Authority may
serve upon that user a written notice of violation. Within 30 days
of the receipt of such notice, an explanation of the violation and
a plan for the satisfactory correction and prevention thereof, to
include specific required actions, shall be submitted by the user
to the Township or Authority. Submission of such a plan in no way
relieves the user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the Township or Authority to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
The Township or Authority may enter into consent orders, assurances of compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 175-88 and 175-89 of this article and shall be judicially enforceable.
The Township or Authority may order a user which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Township or Authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 175-41 and required by § 175-58. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
When the Township or Authority finds that a user has violated,
or continues to violate, any provision of this article, an individual
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Township or Authority 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, sewer
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 sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
When the Township or Authority finds that a user has violated,
or continues to violate, any provision of this article, an individual
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past violations
are likely to recur, the Authority may issue an order to the user
directing it to cease and desist all such violations and directing
the user to:
A.
Immediately comply with all requirements; and
B.
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
A.
When the Township or Authority finds that a user has violated, or
continues to violate, any provision of this article, an individual
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Township or Authority may
fine such user in an amount not to exceed the maximum fine allowed
under state law. Such fines shall be assessed on a per-violation,
per-day basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation.
B.
Users desiring to dispute such fines must file a written request
for the Township or Authority to reconsider the fine, along with full
payment of the fine amount, within 30 days of being notified of the
fine. Where a request has merit, the Township or Authority may convene
a hearing on the matter. In the event the user's appeal is successful,
the payment shall be returned to the user. The Township or Authority
may add the costs of preparing administrative enforcement actions,
such as notices and orders, to the fine.
C.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
A.
The Township or Authority may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Township or Authority may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW or which
presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Township or Authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Township or Authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Township or Authority that the period of endangerment has passed, unless the termination proceedings in § 175-92 of this article are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Authority prior to the date of any show cause or termination hearing under §§ 175-87 or 175-92 of this article.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
A.
In addition to the provisions in § 175-64 of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of individual wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the purpose
of inspection, monitoring or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 175-87 of this article why the proposed action should not be taken. Exercise of this option by the Authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
When the Township or Authority finds that a user has violated,
or continues to violate, any provision of this article, an individual
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Township or Authority may
petition the Court of Common Pleas of Cumberland or York County or
any other appropriate forum through the Authority's Solicitor for
the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the individual
wastewater discharge permit, order or other requirement imposed by
this article on activities of the user. The Township or Authority
may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against a user.
The Township or Authority may assess monetary penalties for
noncompliance as provided by 35 P.S. § 752.1 et seq., the
Publicly Owned Treatment Works Penalty Law, Act of the General Assembly
of March 26, 1992, P.L. 23, No. 9, subject to the appeal procedures
as specified in 2 Pa.C.S.A. for any industrial user in noncompliance.
Any person who knowingly, willfully or intentionally makes any
false statements, representation or certification in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this article, or wastewater contribution permit, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article, will be prosecuted to
the extent permitted by law under the Crimes Code, 18 Pa.C.S.A. § 101
et seq.
The remedies provided for in this article are not exclusive.
The Township or Authority may take any, all or any combination of
these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the Authority's enforcement
response plan. However, the Township or Authority may take other action
against any user when the circumstances warrant. Further, the Township
or Authority is empowered to take more than one enforcement action
against any noncompliant user.
The Authority may decline to issue or reissue an individual
wastewater discharge permit to any user who has failed to comply with
any provision of this article, a previous individual wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the Authority, in a sum not to exceed a value determined
by the Authority to be necessary to achieve consistent compliance.
The Authority may decline to issue or reissue an individual
wastewater discharge to any user who has failed to comply with any
provision of this article, a previous individual wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
The Authority may decline to issue or reissue an individual
wastewater discharge permit to any user who has failed to pay any
outstanding fees, fines or penalties incurred as a result of any provision
of this article, a previous individual wastewater discharge permit
or order issued hereunder.
Users which have not achieved compliance with applicable pretreatment
standards and requirements are not eligible to receive a contractual
award for the sale of goods or services to the Township and Authority.
Existing contracts for the sale of goods or services to the Township
and Authority held by a user found to be in significant noncompliance
with pretreatment standards or requirements may be terminated at the
discretion of the Township and Authority.
A.
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance or
careless or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection C below are met.
C.
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs
or other relevant evidence that:
(1)
An upset occurred and the user can identify the cause(s) of
the upset;
(2)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(3)
The user has submitted the following information to the Authority
within 24 hours of becoming aware of the upset (if this information
is provided orally, a written submission must be provided within five
days):
(a)
A description of the indirect discharge and cause of noncompliance;
(b)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
(c)
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
D.
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
E.
Users shall have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
F.
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost
or fails.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 175-42A of this article or the specific prohibitions in § 175-42B(1)(c) through (g) and (i) through (r) of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A.
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass-through
or interference; or
B.
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
Authority was regularly in compliance with its NPDES permit and, in
the case of interference, was in compliance with applicable sludge
use or disposal requirements.
A.
For the purposes of this section:
(1)
"Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
(2)
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
C.
Bypass notifications.
(1)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Authority at least 10 days before the date
of the bypass, if possible.
(2)
A user shall submit oral notice to the Authority of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours
from the time it becomes aware of the bypass. A written submission
shall also be provided within five days of the time the user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the bypass. The
Authority may waive the written report on a case-by-case basis if
the oral report has been received within 24 hours.
D.
Bypass prohibited; exceptions.
(1)
Bypass is prohibited, and the Township or Authority may take
an enforcement action against a user for a bypass, unless:
(a)
Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage;
(b)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
Rates for wastewater treatment are adopted by the Authority
under a separate resolution and amended as required.
The Township or Authority may adopt by separate resolution reasonable
fees for reimbursement of costs of setting up and operating the Authority's
Pretreatment Program, which may include:
A.
Fees for wastewater discharge permit applications, including the
cost of processing such applications;
B.
Fees for monitoring, inspection and surveillance procedures, including
the cost of collection and analyzing a user's discharge and reviewing
monitoring reports and certification statements submitted by users;
C.
Fees for reviewing and responding to accidental discharge procedures
and construction;
D.
Fees for filing appeals;
E.
Fees to recover administrative and legal costs (not included in § 175-105B) associated with the enforcement activity taken by the Authority to address IU noncompliance; and
F.
Other fees as the Authority may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this article and are separate from all other fees, fines and penalties
chargeable by the Authority.
If any provision of this article is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be affected
and shall continue in full force and effect.
