Borough of Paxtang, PA
Dauphin County
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Table of Contents
Table of Contents
These definitions, meanings of items and phrases shall apply throughout Part 4 of this part, unless the context specifies and clearly indicates otherwise.
A discharge not caused by the fault of any person, and one that could not have been prevented by any means suggested by common prudence, which would interfere with the operation of the Advanced Wastewater Treatment Facility (AWTF).
The publicly owned wastewater collection conveyance and treatment system (POTW), as defined by Section 212 of the Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended.
All persons holding title to facilities or improvements for which a permit for the connection to or discharge into the sewer system is required.
[Amended 10-21-2008 by Ord. No. 615]
A principal executive officer of at least the level of vice president, if the user is a corporation; or
A general partner or proprietor, if the user is a partnership or proprietorship, respectively; or
A principal executive officer or ranking elected official, if the user is a municipality, state, federal or other public agency; or
A duly authorized representative of the individual designated in Subsection A, B or C above, if such representative is responsible for the overall operation of the facility or facilities from which the discharge originates.
Schedules of activities, prohibition of practices, maintenance procedures, other management practices, including treatment requirements and operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage, and shall be considered local limitations and pretreatment standards for the purpose of Section 307(d) of the Act.
[Added 10-21-2008 by Ord. No. 615]
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration (milligrams per liter).
Biochemical oxygen demand.
Borough of Paxtang.
Code of Federal Regulations.
The Act of June 22, 1937, P.L. 1987, as amended and reenacted by the Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1 to 691.702.
A federal statute enacted by Public Law 92-500, October 18, 1972; 33 U.S.C. § 1251 et seq: as amended by Public Law 95-217, December 28, 1977; Public Law 97-117, December 29, 1981; Public Law 97-440, January 8, 1983; and Public Law 100-04, February 4, 1987.
The sanitary sewer collection system of the City and conveyance system of the Harrisburg Authority in which wastewater is collected, conveyed and discharged, or will be discharged, into the Advanced Wastewater Treatment Facility, AWTF.
The sanitary sewer collection system of the City in which wastewater is collected and discharged, or will be discharged, into the AWTF.
Any premises or improvements not a dwelling unit or industrial establishment.
The act of checking specific conditions or requirements of the industrial user permit.
Pollutants which are usually found in domestic, commercial or industrial wastes, such as phosphorus, total suspended solids, biochemical oxygen demand, fecal coliform, adverse pH levels, and oil and grease.
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
See "PADEP."
The Department of Public Works of the City of Harrisburg.
The Director of the Department of Public Works of the City of Harrisburg.
Any person who contributes, causes or permits the contribution of treated or untreated wastewater into the sewer system.
Ordinary water-carried household wastes from sanitary conveniences from residential and nonresidential establishments.
An agency or administrative department of the United States, or any other agency or administrative department of the United States hereafter exercising all or any portion, as appropriate, of the powers or jurisdiction presently being exercised thereby.
United States Environmental Protection Agency.
A measure of the volume of flow or expected flow of sanitary sewage or industrial waste from any property that is equal to the volume of flow discharged from one dwelling unit as determined in accordance with sound engineering practice.
The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. §§ 1251 et seq.
National categorical pretreatment standards.
A sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time.
The interceptor sewers, pumping stations and force mains and all related structures which are a part of the wastewater facilities transporting and conveying wastewater from facilities of the City and any of the suburban municipalities of the AWTF which are part of the wastewater facilities.
Any waste from holding tanks of vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c) or (d) of the federal act [33 U.S.C. § 1317(b), (c) or (d)] into the AWTF. For the purposes of this definition, holding tank wastes shall be considered indirect discharge.
Any nonresidential establishment discharging sewage and wastes other than normal water-carried domestic sewage and wastes and cooling water, directly or indirectly, to the AWTF.
A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Federal Act. (33 U.S.C. § 1342).
Any solid, liquid or gaseous substance, waterborne wastes or form of energy rejected or escaping from any industrial, manufacturing, trade or business proceeds or from the development, recovering or processing of natural resources, as distinct from sanitary sewage.
The inhibition or disruption of the AWTF treatment processes or operation which contributes to a violation of any requirement of the Harrisburg Authority's NPDES permit. The term includes pollution which prevents the use or disposal of sewage sludge by the AWTF in accordance with Section 405 of the Federal Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or more stringent state criteria applicable to the method of disposal or use employed by the AWTF.
The agreement of lease between the City as lessee and The Harrisburg Authority as lessor, whereunder the wastewater facilities are leased to the City for operation and use, and any amendments and supplements to such lease.
A locally established limit deemed to be a pretreatment standard for the purpose of Section 307(d) of the Clean Water Act. The limit is specific to the Advanced Wastewater Treatment Facility (AWTF) and is based on the potential for pass-through, interference, sludge contamination or capacity to cause damage or hazards to structures, equipment or personnel of the Advanced Wastewater Treatment Facility (AWTF) by the discharge of any pollutant by an industrial user.
Concentration based on mass of pollutant per unit volume.
Any regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency in accordance with Section 307(b) and (c) of the Federal Act, 33 U.S.C. § 1317(6)(b) and (c), which applies to a specific category of industrial users.
A permit issued pursuant to Section 402 of the Federal Act, 33 U.S.C. § 1342.
Any regulation developed under authority of Section 307(b) of the Federal Act, 33 U.S.C. § 1317(b) and 40 CFR 403.5.
Any new building, structure, facility or installation from which there is or may be a discharge of pollutants which commences after the date of publication of a proposed pretreatment standard under Section 307(c) of the Clean Water Act.
Any building, structure, room, group of rooms, establishment or facility other than a residence which discharges sewage and wastes, including industrial wastes, directly or indirectly to the AWTF.
Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage, industrial waste, or both, is or may be discharged.
The Department of Environmental Protection, an agency or administrative department of the commonwealth, or any other agency or administrative department of the commonwealth hereafter exercising all or any portion, as appropriate, of the powers or jurisdiction presently being exercised thereby.
Indicates a mass ratio meaning milligrams per million milligrams, and generally will be considered equivalent to milligrams per liter (mg/l).
A discharge which exits the AWTF into a waterway 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 The Harrisburg Authority's NPDES permit.
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
Any dredged solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand and cellar dirt, and industrial, municipal and agricultural waste discharged into water.
The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
The sum of Aroclors 1016, 1221, 1232, 1242, 1248, 1254 or 1260.
[Added 9-20-2011 by Ord. No. 626]
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the AWTF. The reduction or alteration can be obtained by physical, chemical or biological process, or process changes by other means, except as prohibited by 40 CFR 403.6(d), (dilution).
Any substantive or procedural requirement related to pretreatment other than a pretreatment standard imposed on an industrial user.
Any national categorical pretreatment standard, local limit or discharge prohibition regulation identified in § 336-24B, containing a list of pollutant discharge limitations.
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product. Sanitary, non-contact cooling and boiler blowdown wastewaters are excluded unless they become process make-up water.
National prohibited discharge standard.
Any improved property (any property within the Borough of Paxtang upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial waste shall be or may be discharged) abutting on or adjoining any street or highway in which a sewer or drain is located which is part of the sewer system.
A treatment works as defined by Section 212 of the Clean Water Act, which is owned by a state or municipality [as defined by Section 502(4) of the Clean Water Act]. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a treatment facility.
Any room, group of rooms, house, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a single family or by persons living alone, which property shall be billed and considered a separate entity.
The normal water-carried household and toilet wastes from residences, business buildings, institutions and commercial and industrial establishments.
Sampling and analysis performed by the industrial user to ensure compliance with permit provisions.
The second supplemental agreement dated September 15, 1976, among the City of Harrisburg, Harrisburg Sewerage Authority and the suburban municipalities, and any supplements and amendments to such agreement.
For sewer rental purposes, means the length of time for which sewer rentals are billed as may be determined by the Bureau of Water of the City to correspond with water service periods, except as otherwise provided in the Second Supplemental Agreement dated 9-15-1976, among the City of Harrisburg and the suburban municipalities, and any supplements and amendments to such agreement.
All the facilities for the collection and conveyance of sewage and suitable industrial wastes into the AWTF and the treatment plant.
Standard Industrial Classification.
A responsible corporate officer, general partner, proprietor or duly authorized representative of that individual.
All categorical industrial users or any noncategorical industrial users that:
Have a discharge flow of 25,000 gallons or more per average workday of process wastewater; or
Have an average process flow which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plan (Ordinance No. 43-1990, City of Harrisburg); or
Have a reasonable potential in the opinion of the Superintendent to adversely affect the treatment plan through inhibition, pass-through of pollutants, sludge contamination or endangerment of AWTF workers, or to violate any pretreatment standard or requirement.
One or more violations of:
[Amended 10-21-2008 by Ord. No. 615]
Pretreatment standards or requirements, including chronic violations, technical review criteria violations or any discharge which alone or in combination causes interference or pass-through, or endangers the health or welfare of AWTF personnel, the public or environment, or results in the AWTF exercising its emergency authority to halt or prevent such discharge;
Best management practices;
Compliance schedule milestones;
Reporting requirements;
Accurately reporting noncompliance; or
Any other violation or group of violations the AWTF considers to be significant.
Any pollutant released in a discharge at a flow or concentration rate which will cause interference with the operation of the AWTF.
A plan prepared by an industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur.
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget (1972).
The Commonwealth of Pennsylvania.
The facilities owned or leased by the Borough of Steelton which transport and convey wastewater from facilities of any of the suburban municipalities, and not through the Harrisburg conveyance system, to the wastewater treatment facilities which are part of the wastewater facilities.
The Borough of Penbrook, Borough of Paxtang, Borough of Steelton, Township of Swatara, Township of Lower Paxton, and the Township of Susquehanna and, as applicable, Swatara Township Authority, Lower Paxton Authority, Steelton Borough Authority, and Susquehanna Township Authority, collectively or individually, as appropriate.
The person designated by the City to supervise the operation of the AWTF and who is charged with certain duties and responsibilities by this part or any other applicable legislation, or one or more duly authorized representatives.
The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307(a) of the Federal Act or the federal laws.
See "pretreatment."
The plant for the treatment of sewage conveyed thereto by the collection system, and the equipment and facilities thereof; the AWTF.
An exceptional incident in which there is unintentional and temporary noncompliance with the pretreatment standards because of factors beyond the reasonable control of the industrial 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.
Any person who contributes, causes or permits the contribution of wastewater into the AWTF.
The act of not meeting specific conditions or requirements (i.e., noncompliance).
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any pollutants which may be present, whether treated or untreated, which are contributed into or permitted to enter the sewer system.
The wastewater conveyance, treatment, disposal and related facilities owned by The Harrisburg Authority and leased to the City of Harrisburg for operation and use, including existing facilities and all future additions and improvements thereto.
No connection or discharge shall be made to or into the sewer system except in compliance with all federal, state and local laws, ordinances, resolutions, rules and regulations now in force and effect as well as such federal, state and local laws, ordinances, resolutions, rules and regulations as may, from time to time, be enacted, adopted, approved or promulgated by any federal, state or local authority, or may be otherwise provided by law.
The City reserves the right to refuse permission to connect to the sewer system, to compel discontinuance of use of the sewer system or to compel pretreatment of wastewaters by any person in order to prevent discharges deemed harmful or deemed to have a deleterious effect upon the operation of, or any portion of, the sewer system.
No wastewaters shall be discharged to the sewer system:
Having heat in such quantities that the discharge causes the temperature at the AWTF to exceed 40° C. or 104° F.;
Containing fats, wax, grease or oils of petroleum origin, whether emulsified or not, in excess of 100 mg/l, or petroleum oil, nonbiodegradable cutting oil or petroleum products of mineral origin in amounts that will cause interference or pass-through at the AWTF;
Containing any gasoline, benzene, naphtha, fuel oil or other explosive liquids, solids or gases or any other pollutants which will create a fire or explosion hazard, including but not limited to waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR Part 261.21;
Containing any garbage that has not been ground by household type or other suitable garbage grinders;
Containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solids or viscous substances capable of causing obstructions or other interferences with proper operation of the sewer system;
Having a pH lower than 5.0 or higher than 10.0 standard units, or having any other corrosive properties capable of causing damage or hazards to structures, equipment or personnel of the sewer system;
[Amended 10-21-2008 by Ord. No. 615]
Containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, to constitute hazards to humans or animals or to create any hazard in waters which receive treated effluent from the sewer system treatment plant. Toxic wastes shall include, but not be limited to, wastes containing cyanide, chromium, cadmium, mercury, copper or nickel or any characteristic or listed hazardous waste;
Containing noxious or malodorous gases or substances capable of creating a public nuisance;
Containing solids of such character and quantity that special and unusual attention is required for their handling;
Containing any substance which may affect the AWTF's effluent and cause violation of the NPDES permit requirements;
Containing any substance which would cause the AWTF to be in noncompliance with sludge use, recycling or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Clean Air Act or regulations criteria for sludge management and disposal as required by the DEP;
Containing color which is not removed in the treatment processes;
Containing any radioactive wastes or isotopes;
Containing any pollutant, including conventional pollutants, released at a flow rate and/or pollutant concentration which would cause interference with the AWTF;
Containing substances which may solidify or become viscous at temperatures between 0° C. or 32° F. and 60° C. or 140° F.; and
Containing chemical constituents which alone or in combination result in the release of toxic gases, vapors or fumes in a quantity that may cause acute worker health and safety problems.
When the Superintendent or Director determines that an industrial user is contributing any of the above substances in such amounts as to exceed stated limits or to interfere with the operation of the AWTF, he or she shall:
Advise the user and the Borough of Paxtang of the impact of such discharges on the operation of the AWTF; and
Develop effluent limitations for those discharges to correct the interference with the operations of the AWTF; and
Direct the user to comply with the effluent limitations as provided in Article VIII of this part; and
Utilize the enforcement provisions of § 336-69.
Upon notification of customer and the Borough of Paxtang by the City, pretreatment facilities shall be installed, within 90 days of the date of such notice, at the sole cost of the significant industrial user, to meet City requirements. In no event shall dilution be acceptable as a means of pretreatment to meet the requirements of this part. Any order to install pretreatment facilities may be appealed to the Director as provided in § 336-34.
The City reserves the right to require nonresidential dischargers having large variations in rates of wastewater discharge to install suitable regulating devices for equalizing wastewater flows to the sewer system.
When directed by the Department or by one of the suburban municipalities at the request of the Department, industrial users shall install, within 90 days of the directive, at their sole cost and expense, and thereafter maintain, a manhole and such other devices as may be approved by the Department to facilitate observation, measurement and sampling of wastewaters discharged into the sewer system. The duly authorized representatives of the Department shall, at all times, be permitted to:
Enter upon any and all properties of industrial users for the purpose of inspecting for compliance, observing, measuring and sampling wastewaters discharged into the sewer system;
Set up and use monitoring equipment;
Inspect and copy industrial waste discharge, monitoring and production records or any other records pertinent to compliance with this part; and
Have access to any meters used for establishing or determining water consumption, water excluded from the sewer system and wastewater discharged into the sewer system. If an individual user has security measures in force which physically limit entry to the premises of such user, the industrial user shall, within 30 days of the effective date of this section, immediately provide the Department with whatever is necessary to allow authorized City representatives to enter the premises, without delay, for the purpose of performing their duties and responsibilities.
The Department and any suburban municipality may require any industrial establishment to provide information needed to determine compliance with this part.
Any industrial establishment desiring to discharge or currently discharging, directly or indirectly, wastes into the sewer system, or planning to change operations so as to materially alter the characteristics and/or volumes of wastewaters discharged into the sewer system, shall notify the Department and any affected suburban municipality in writing at least 30 days before making such connection or changing its operations and shall obtain a permit from the Department to do so. Applications for such permit shall be on the form supplied by the Superintendent and shall be accompanied by all information requested by the Department for the determination of waste volumes, characteristics and constituents. The cost for obtaining such information shall be borne by the applicant. Any significant industrial user shall make application for a new permit within 30 days of the effective date of this section.
This application shall include, but shall not be limited to, the following information in units and terms appropriate for evaluation:
Name, address and location of applicant;
SIC number(s) according to the Standard Industrial Classification Manual, Bureau of Budget, 1972, as amended;
Volume of wastewaters to be discharged;
Wastewater constituents and characteristics, including, but not limited to, those set forth in § 336-21, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with the procedures established by the United States EPA pursuant to Section 304(g) of the Federal Act, 33 U.S.C. § 1314(g), and the regulations promulgated thereunder, 40 CFR Part 136, as amended;
Time and duration of discharge;
Average and maximum wastewater flow rates, including daily, monthly and seasonal variations, if any;
A schematic flow representation which shall include floor plans, mechanical and plumbing plans, and details of all sewers, sewer connections and appurtenances, sizes, locations and elevations;
A schematic flow representation, which shall include all pretreatment or treatment plans and details, including appurtenances, sizes, locations, elevations;
[Added 10-21-2008 by Ord. No. 615]
Pretreatment, treatment and flow meter standard operating procedures manual.
[Added 10-21-2008 by Ord. No. 615]
Number of employees and hours worked;
Description of activities, facilities and plan processes on the premises, including all materials which are or could be discharged;
Each product produced, listed by type, amount and rate of production;
Type and amount of raw materials processed, average and maximum per day;
Each substance considered toxic, hazardous, noxious or malodorous, including a description of the hazards associated with each substance;
Certification of accuracy by the applicant; and
Any other information required by 40 CFR 403.12(b) or any other information as may be deemed necessary by the Department to evaluate that permit application.
The Department shall evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the data furnished, the Superintendent shall issue a permit, subject to terms and conditions provided therein, as set forth in Subsection D hereof.
Wastewater discharge permits shall be subject to all provisions of this part and all other applicable federal, state and local laws, rules, regulations, charges and fees. The conditions of such permits shall be uniformly enforced by the City in accordance with this part and applicable federal, state and local laws, rules and regulations. Permits may contain, but shall not be limited to, the following conditions:
The unit charge or schedule of special charges and fees or wastewater surcharges to be paid the City for the wastewater to be discharged into the sewer system pursuant to such permit;
The average and maximum allowable wastewater constituent and characteristics;
Equalization, neutralization or other requirements to control high pH or highly variable pH discharge;
Limits on rate and time of discharge or requirements for flow regulations and equalization;
Requirements for installation, maintenance and/or operation of monitoring, inspection and sampling facilities;
Pretreatment requirements;
Requirements for submission of technical reports or discharge reports;
Signatory requirements for certification of technical reports or discharge reports;
Requirements for maintaining and retaining plant records relating to wastewater discharge for a minimum of three years or longer as specified by the Department and affording the Department access thereto;
Compliance schedules;
Specifications for monitoring programs, including self-monitoring, sampling location, frequency and method of sampling, number, types and standards for tests and reporting schedules;
Requirements for notification of pretreatment standard exceedance and repeat sampling and testing;
Requirements for notification of slug or accidental discharge;
Requirements for a spill or slug discharge prevention and control plan in accordance with 40 CFR 403.8(f)(2)(vi)(A)(B)(C) and (D).
[Amended 10-21-2008 by Ord. No. 615]
Requirements for best management practices; and
[Added 10-21-2008 by Ord. No. 615]
Other conditions as deemed appropriate by the City to ensure compliance with these regulations;
[Amended 10-21-2008 by Ord. No. 615]
Wastewater discharge permits shall be issued for a specified time period, not to exceed five years, subject to compliance with all of the provisions of this part and the regulations promulgated thereunder. Any applicant who does not meet the standards of this part shall not be entitled to a five-year permit. All holders of a wastewater discharge permit must also comply with any national categorical pretreatment standards within 90 days of their promulgation or any revisions thereto.
A wastewater discharge permit is not assignable or transferable to a new user, owner or new use.
No industrial user shall discharge, directly or indirectly, into the wastewater collection or conveyance system any wastewater containing in excess of the following pollutant in milligrams per liter:
[Amended 9-20-2011 by Ord. No. 626]
Daily Maximum
Instantaneous Maximum
Arsenic (T)
Cadmium (T)
Chromium (T)
Copper (T)
Cyanide (T)
Lead (T)
Mercury (T)
Molybdenum (T)
Nickel (T)
Selenium (T)
Silver (T)
The limits may be changed by regulation of the Director or by the EPA to whichever limitation is more stringent.
Upon promulgation of federal categorical pretreatment standards or any federal standard for a particular industry or subcategory, the standards referenced in 40 CFR Chapter I, Subchapter N, Parts 405 to 471, if more stringent than the limitations contained in this part for such discharges, shall immediately supersede the standards set forth in this part. The Superintendent shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12.
Any state requirements and limitations on discharge which have been or may be adopted which are more stringent than the federal limitations or those contained in this part shall supersede both federal and City standards. The Superintendent shall notify all affected users of any such change.
Each significant industrial user shall provide protection from an upset of pretreatment facilities, slug or accidental discharge of prohibited materials, and any other substances requested by this part. Facilities to prevent and plans to mitigate an upset, slug or accidental discharge shall be provided and maintained at such user's expense. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at such user's expense. No significant industrial user which commences discharge into the sewer system shall be permitted to introduce pollutants into the sewer system until a spill, prevention and control plan has been approved by the Department. Approval of such plans and procedures shall not relieve such user of the responsibility to modify such user's facility as necessary to meet the requirements of this part.
In the event of an upset, slug or accidental discharge, it shall be the responsibility of the significant industrial user to:
Make immediate notification to the AWTF of location of discharge, date and time thereof, type of waste, including concentration and volume, and corrective action taken; and
Within five days following an upset, slug or accidental discharge, submit to the Superintendent a written report which shall specify:
Description of the upset, slug or accidental discharge, the cause thereof, and the impact on the industrial user's compliance status, including location of discharge, type, concentration and volume of waste;
Duration of noncompliance, including exact date and times of noncompliance and, if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset, slug or accidental discharge or other conditions of noncompliance.
The notification required by this section shall not relieve the significant industrial user of any expense, loss, damage or other liability incurred to the AWTF, the City, any state or federal department or authority, or any damage to person, property or environment; nor will this notification relieve the significant industrial user of any fines, penalties or any other liability which may be imposed by Article VIII of this part or any other applicable law.
Within 90 days following the date for final compliance or, if a new source, the commencement of discharge, any user subject to the pretreatment provisions of this part shall submit to the Superintendent a report indicating the nature and concentration of pollutants and the average and maximum flows of the discharges which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards and requirements are being met and, if not, what additional pretreatment facilities or additional operations and maintenance tasks are necessary to bring such user in compliance with the applicable pretreatment standards and requirements. This statement shall be signed by an authorized representative of the user and certified by a qualified individual.
Any significant industrial user subject to the provisions of this part shall submit to the Superintendent, at least on a semiannual basis, a report containing the information required by its permit. The reports required by this subsection shall be certified by an authorized signatory of the user and submitted within 30 days following the end of the reporting period, unless the Superintendent authorizes, in writing, another submission date or schedule.
If any sampling and testing required by Subsections A and B hereof indicate a violation of a pretreatment standard, the industrial user shall notify the Department within 24 hours of becoming aware of the violation, repeat sampling and testing within 72 hours, or the first day representative of normal operation, and submit, in writing, the results of the repeat analysis within 30 days.
In addition to the requirements of Subsections A, B and C hereof, if the Director or Superintendent has reason to believe that a significant industrial user is not meeting the pretreatment standards on a consistent basis, such user may be required to submit interim compliance reports on a regular or irregular schedule.
Any reports required by this section shall be maintained and retained for a minimum of three years or longer, as specified by the Department, and access by the Department afforded thereto.
No industrial user shall introduce any untreated process waste or process wastewater into the sewer system containing any hazardous waste constituent identified in 40 CFR Part 261 without prior written notification to the Superintendent. Any notification shall provide the identity of the waste, the hazardous waste constituent and number and an estimation of the mass and concentration of hazardous waste to be discharged, and shall be accompanied by a statement certifying that a waste reduction program is in place. In no case shall the introduction of any hazardous process waste or nonprocess waste constituent be permitted as a substitute for the proper treatment and disposal of any such waste.
No user shall discharge any waste or wastewater directly into a manhole or other opening in the sewer system, other than an approved building sewer, unless such user has been issued a special permit to do so by the Superintendent. Such permit shall be of limited duration, and the permittee shall comply with all applicable provisions of this part.
The discharge of any trucked or hauled pollutants is prohibited except at discharge points designated in a special permit approved by the Superintendent. Such permit shall be of limited duration, and the permittee shall comply with all applicable provisions of this section.
No user shall discharge any holding tank or septic tank wastes unless such person has been issued a special permit to do so by the Superintendent and a special permit to do so by the Borough of Paxtang. Such permit shall not be assignable or transferable.
The Director shall adopt a schedule of charges and fees to cover, and the City shall collect, the costs of implementation of the pretreatment provisions of this part. These fees are in addition to and separate from all other fees charged by the City and Borough and will be assessed by the City on all permit holders. Such charges and fees may include, but are not limited to, the following:
Costs of monitoring, inspection and surveillance procedures;
Costs of reviewing permit applications;
Administrative costs of appeals;
Costs of reviewing accidental discharge reports;
Costs of reviewing pretreatment facility construction plans;
Costs of consistent removal by the AWTF of pollutants subject to pretreatment standards; and
Any other costs incurred by the City and Borough in implementing the requirements of this part.
The Borough may adopt a schedule of charges and fees to cover all costs associated with implementation of the provisions of this part. Those fees and charges shall be in addition to and separate from all other fees charged by the City and Borough and will be accrued on all permit holders, and may include, but not be limited to, the costs set forth in Subsection A of this section.
The pretreatment provisions and all other requirements of this part shall apply to any person currently discharging into, directly or indirectly, or otherwise using the sewer system, or any person who shall in the future discharge into, directly or indirectly, or otherwise use the sewer system.
The Director is authorized to promulgate such rules and regulations as are necessary for the proper administration, implementation and enforcement of this part. This authority is in addition to that granted in any section of this part. Such rules and regulations shall have the same force and effect as the provisions of this section, and any violation thereof shall be deemed a violation of the applicable chapters for enforcement purposes in Article VIII of this part. The Director shall publish notice of the promulgation of any such rules and regulations and shall notify each of the suburban municipalities prior to adoption of the same, pursuant to Article VII of this part.
Should any user refuse, neglect or fail to comply with any provision of this part or any of the rules and regulations promulgated thereunder or any notice or directive given in conformity with or pursuant to the provisions of this part, the City may pursue any or all of the remedies set forth in Article VIII of this part.
Any information submitted to the City pursuant to these ordinances or any rules and regulations promulgated thereunder may be claimed as confidential by the submitter. Any such claim shall be asserted at the time of submission by the stamping or placing of the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the City may make the information available to the public without further notice. If a claim is asserted, the information shall be treated in accordance with the procedures in 40 CFR Part 2 (public information); provided, however, that any information regarding effluent data shall be available to the public without restriction.
Compliance monitoring and inspection will be performed by the City. This duty will be based on a schedule determined by the type of facility, type and concentration of pollutants in the discharge, and the past performances of compliance by the industrial user.