[Ord. 275, 2/6/1991, § 501]
For the purpose of this Part, the following terms shall have
the meanings hereinafter designated:
Any inhibition or disruption of the DCDBA or AVJSA facilities,
its treatment processes or operations, its sludge processes, use or
disposal, or of any sewer, pipe or other conveyance located in the
Township, and transmitting substances into the DCDBA or AVJSA facilities,
which is a cause of and significantly contributes to either a violation
of any requirements of AVJSA's National Pollution Discharge Elimination
System Permit (hereinafter called "NPDES Permit") including an increase
in the magnitude or duration of a violation or to the prevention of
sewage sludge use or disposal by AVJSA in accordance with the following
statutory provisions and rules, regulations or permits issued thereunder:
Pennsylvania Sewage Facilities Act (35 P.S. § 750.1, et
seq.), Pennsylvania Clean Streams Act (35 P.S. § 691.1,
et seq.), Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101),
Federal Water Pollution Control Act (33 U.S.C. § 1251, et
seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901, et
seq.), including Title 11, more commonly referred to as the Resource
Conservation and Recovery Act and including all Commonwealth of Pennsylvania
statutes and Pennsylvania Department of Environmental Resources Regulations
prepared pursuant to subtitle D of the Solid Waste Disposal Act, the
Clean Air Act (42 U.S.C. § 6901, et seq.), and the Toxic
Substances Control Act (15 U.S.C. § 2601, et seq.), County
of Allegheny Health Code and the Pollution Control Standards of the
Ohio River Valley Water Sanitation Commission. (All such statutory
provisions, rules, regulations or permits are hereinafter collectively
called "Laws."). A user significantly contributes to such a permit
violation or prevention or sludge use or disposal in accordance with
the above-cite laws wherever such user:
Discharges daily pollutant loading in excess of that allowed
by permit or by contract with DCDBA or AVJSA or by Federal, Commonwealth
of Pennsylvania, County of Allegheny, DCDBA, AVJSA or the Municipality
laws, ordinances, rules or regulations.
Discharges wastewater which substantially differs in nature
or constituents from the users' average discharge; or,
Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in violation
of AVJSA's NPDES permit or prevent sewage sludge use or disposal in
accordance with the above-cited laws as they apply to AVJSA's selected
method of sludge management.
Any discharge of pollutant through the facilities of AVJSA
into navigable waters or any stream in the Commonwealth of Pennsylvania
in quantities or concentrations which are a cause of and significantly
contribute to a violation of any requirement of AVJSA's NPEDES permit
(including an increase in the magnitude or duration of a violation).
A user significantly contributes to such a permit violation where
it:
Discharges a daily pollutant loading in excess of that allowed
by permit or by contract with DCDBA, AVJSA or by Federal, Commonwealth
of Pennsylvania, County of Allegheny, DCDBA, AVJSA or the Municipality
laws, ordinances, rules or regulations.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge.
Knows or has reason to know that AVJSA is, for any reason, violating
its final effluent limitations in its permit and that such User's
discharge either alone or in conjunction with discharges from other
sources, increases the magnitude or duration of AVJSA's violations.
[Ord. 275, 2/6/1991, § 502]
No person, firm, association or corporation shall introduce
or cause to be introduced, directly or indirectly into the facilities
of DCDBA or AVJSA or into any sewer, pipe or other conveyance located
in the municipality and transmitting substances into the facilities
of DCDBA or AVJSA, any toxic substance, pollutant or other wastewater
which will (a) cause interference with the operation or performance
of AVJSA's treatment plant or other facilities or (b) pass through
AVJSA's treatment plant or other facilities.
[Ord. 275, 2/6/1991, § 503]
No person, firm, association or corporation shall introduce,
permit or cause to be introduced, directly or indirectly, into the
facilities of DCDBA or AVJSA or into any sewer, pipe or other conveyance
located in the municipality and transmitting substances into the facilities
of DCDBA or AVJSA any of the following:
1.
Any pollutant or wastewater which will interfere with or substantially
adversely affect the operation or performance of the AVJSA Treatment
Plant, or pass through said plant into navigable waters or streams
of the Commonwealth of Pennsylvania in quantities or concentrations
which are a cause of and significantly contributes to a violation
of any requirement of the above-cited laws or the AVJSA NPDES permit,
or adversely affects the use or disposal of AVJSA sludge or other
residues.
2.
Any substance which will endanger the life, health or safety of the
treatment plant, sewer maintenance and plant operations personnel
or which would preclude safe entry into the sewer system or any portion
of the treatment plant.
3.
Any ignitable, reactive, explosive or corrosive waste.
4.
All wastes that are defined or listed as hazardous under the regulations
enacted by agencies of the Federal Government or the Commonwealth
of Pennsylvania.
5.
Any wastewater with a temperature great enough to inhibit biological
activity in the AVJSA Treatment Plant.
6.
Any waste which exceeds the naturally occurring background levels
for either alpha, beta or gamma radiation and/or any wastewater containing
any radioactive wastes or isotopes of such halflife or concentration
not in compliance with applicable State or Federal regulations.
7.
Any solids or viscous substances capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of DCDBA's or AVJSA's facilities or facilities discharging into the
DCDBA or AVJSA system.
8.
Any noxious or malodorous liquids, gases or solids which either singly
or by interaction with other wastes may create a public nuisance or
adversely affect public health or safety.
9.
Pathological wastes from a hospital or other medical establishment.
10.
Garbage, whether ground or not, except properly shredded food waste
garbage resulting from the proper use of a garbage grinder or disposer
of a type approved by AVJSA and maintained in good operating condition.
11.
Sludges or other materials from septic tanks or similar facilities
or from sewage or industrial waste treatment plants or from water
treatment plants; unless the discharge of such sludges and other materials
is specifically approved by DCDBA and AVJSA.
12.
Any substance which violates discharge regulations as established
by authorized agencies of the Federal Government, the Commonwealth
of Pennsylvania, the Ohio River Valley Water Sanitation Commission,
Allegheny County, DCDBA or AVJSA.
13.
Wastewater containing in excess of:
|
Parameter
|
Limit
|
|---|---|
|
PH
|
6.0-9.0
|
|
Temperature
|
40F-150F
|
|
BOD's
|
500 mg/l
|
|
Suspended solids
|
500 mg/l
|
|
Fats, wax, grease or oil
|
100 mg/l
|
|
Phenolics
|
0.1 mg/l
|
|
Sodium chloride
|
10,000 mg/l
|
|
Sodium sulfate
|
500 mg/l
|
|
Chromium (total)
|
5.0 mg/l
|
|
Chromium (trivalent)
|
1.0 mg/l
|
|
Chromium (hexavalent)
|
2.0 mg/l
|
|
Copper
|
0.8 mg/l
|
|
Zinc
|
0.5 mg/l
|
|
Nickel
|
1.0 mg/l
|
|
Cadmium
|
1.0 mg/l
|
|
Arsenic
|
0.1 mg/l
|
|
Iron
|
500 mg/l
|
|
Cyanide
|
2.0 mg/l
|
|
Barium
|
1.0 mg/l
|
|
Lead
|
1.0 mg/l
|
|
Manganese
|
1.0 mg/l
|
|
Silver
|
0.03 mg/l
|
|
Boron
|
1.0 mg/l
|
|
Mercury
|
0.10 mg/l
|
|
Selenium
|
0.05 mg/l
|
|
Vanadium
|
10.0 mg/l
|
|
Total identifiable chlorinated Hydrocarbons
|
0.1 mg/l
|
|
Color-shall not exceed 15 color units
| |
|
Turbidity-shall not exceed five turbidity units
|
[Ord. 275, 2/6/1991, § 504]
No person, firm, association or corporation shall introduce
or cause to be introduced, directly or indirectly, into the facilities
of DCDBA or AVJSA or into any sewer, pipe, or other conveyance located
in the municipality and transmitting substances into the facilities
of the DCDBA or AVJSA, any toxic substance, pollutant or other wastewater,
in violation of a National Categorical or General Pretreatment Standards
promulgated by the U.S. Environmental Protection Agency pursuant to
Sections 307(b) and (c) of the Federal Water Pollution Control Act
(33 U.S.C. § 1317(b) and (c)).
[Ord. 275, 2/6/1991, § 505]
No person, firm, association or corporation shall take any action
or do or cause to be done any thing in violation of any provision
of the Federal Water Pollution Control Act or of any regulation promulgated
by the U.S. Environmental Protection Agency pursuant thereto.
[Ord. 275, 2/6/1991, § 506]
No person, firm, association or corporation shall take any action
or do or cause to be done anything in violation of any rule or regulation
of DCDBA or AVJSA or of laws, ordinances, rules or regulations of
the Commonwealth of Pennsylvania, the County of Allegheny, the Ohio
River Valley Water Sanitation Commission or the municipality pertaining
to sewage discharge, introduction or treatment.
[Ord. 275, 2/6/1991, § 507]
A significant industrial user (hereinafter "SIU") is defined
as;
A.
Any industrial user of the AVJSA wastewater disposal system who (i)
has a discharge flow of 10,000 gallons or more per average work day,
or (ii) has a flow greater than 1% of the flow in the AVJSA's wastewater
treatment system, or (iii) has in its wastes toxic pollutants as defined
pursuant to statutes and rules or (iv) is found by the Commonwealth
of Pennsylvania Department of Environmental Resources or the U.S.
Environmental Protection Agency (EPS) to have significant impact,
either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the system's
effluent quality, or air emissions generated by the system.
B.
Any user bearing a code number set forth on pages D-9 through D-13
(inclusive) of the Guidance Manual for POTW Pretreatment Program Development
as published by the United States Environmental Protection Agency,
Office of Water Enforcement and Permits — October 1983. A copy
of pages D-9 through D-13 is attached to this Part as Appendix I and
made a part of this Part.
[Ord. 275, 2/6/1991, § 508]
The Township hereby appoints the DCDBA and the AVJSA and its
duly appointed officers, employees and agents as enforcement officers
empowered to act on behalf of the Township in the administration and
enforcement of this Part including the authority to conduct investigations
concerning wastewater disposal, issue citations against any person,
firm, association or corporation violating the provisions of this
Part and to enter into agreement with an SIU to effectuate the intent
and purposes of this Part.
[Ord. 275, 2/6/1991, § 509]
All SIU proposing to connect to or contribute to the AVJSA plant
shall enter into a wastewater discharge service agreement with AVJSA
before connecting to or contributing to the plant. All existing SIU
connected or contributing to the plant shall obtain a wastewater discharge
service agreement within 180 days after the effective date of this
Part.
[Ord. 275, 2/6/1991, § 510; as amended by Ord.
278, 9/18/1991]
1.
SIU required to obtain a wastewater discharge service agreement shall
complete and file with AVJSA, an application in the form prescribed
by AVJSA, and accompanied by a filing fee to be established from time
to time by resolution of the Board of Supervisors. In addition, the
SIU filing for a permit will be required to reimburse AVJSA a predetermined
lump sum payment to cover the anticipated costs for all engineering,
legal, and other expenses relative to the review of the permit and,
provided the permit is approved, the development of a formal service
agreement. Existing SIU shall apply for a wastewater discharge service
agreement within 30 days after written notice from AVJSA to do so,
and proposed new users shall apply at least 90 days prior to connecting
to or contributing to the Plant. In support of the application, the
user shall submit, in units and terms appropriate for evaluation,
the following information:
A.
Name, address and location, (if different from the address)
B.
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budge, 1972, as amended;
C.
Wastewater constituents and characteristics including but not limited to those mentioned in § 503 of this Part as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
D.
Time and duration of contribution.
E.
Average daily and three minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any.
F.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and evaluation;
G.
Description of activities, facilities and plant processes on the
premises including all materials which are or could be discharged;
H.
Each product produced by type, amount, process or processes and rate
or production.
I.
Type and amount of raw materials processed (average and maximum per
day).
J.
Number and type of employees, and hours of operation of plant and
proposed or actual hours of operation of pretreatment system.
K.
Any other information as may be deemed by AVJSA to be necessary to
evaluate the permit application.
L.
Construction documents and/or operational procedures for any collection,
conveyance, treatment, monitoring, or other appurtenance either existing
or proposed for which the permit application is being filed.
2.
AVJSA will evaluate the date furnished by the SIU and may required
additional information. After evaluation and acceptance of the data
furnished, AVJSA may issue a wastewater discharge service agreement
prior to execution subject to terms and conditions provided herein.
[Ord. 275, 2/6/1991, § 511]
In the event of additions to or amendment of any of the laws identified in § 501 of this Part, which additions or amendments create conflicts or inconsistencies with any existing service agreement between AVJSA and SIU, said agreement shall be amended so as to conform with the laws.
[Ord. 275, 2/6/1991, § 512]
Wastewater discharge service agreements shall be expressly subject
to all provisions of this Part and all other applicable regulations,
user charges and fees established by the municipality or AVJSA. Service
agreements may contain the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
B.
Limits on the average and maximum wastewater constituents and characteristics;
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities;
E.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
F.
Compliance schedules;
G.
Requirements for submission of technical reports or discharge reports;
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the AVJSA, and affording AVJSA
access thereto;
I.
Requirements for notification of the AVJSA of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
J.
Requirements for notification of sludge discharges.
K.
Pretreatment of proposed discharges to AVJSA Plant.
L.
Other conditions as deemed appropriate by the AVJSA to ensure compliance
with this Part.
[Ord. 275, 2/6/1991, § 513]
A service agreement shall be issued for a specified time period, not to exceed five years. A service agreement may be issued for a period of less than a year or may be stated to expire on a specific date. SIU shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the AVJSA during the term of the permit as limitations or requirements as identified in § 18-703 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Ord. 275, 2/6/1991, § 514]
Wastewater discharge service agreements are issued to a specific
user for a specific operation. A wastewater discharge service agreement
shall not be reassigned or transferred or sold to a new owner, new
SIU, different premises, or a new or changed operation without the
approval of AVJSA. Any succeeding owner or user shall also comply
with the terms and conditions of the existing service agreement.
[Ord. 275, 2/6/1991, § 515]
1.
When found appropriate by the Engineer for AVJSA, AVJSA may require
to be provided and operated at the SIU's expense, monitoring facilities
to allow inspection, sampling, and flow measurement of the building
sewer and/or internal drainage systems. The monitoring facility should
normally be situated on the user's premises, but the AVJSA may, when
such a location would be impractical or cause undue hardship on the
user, allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by landscaping
or parked vehicles.
2.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the AVJSA's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by AVJSA.
3.
AVJSA may inspect the facilities of any user to ascertain whether
the purpose of this Part is being met and all requirements are being
complied with. Persons or occupants of premises where wastewater is
created or discharged shall allow AVJSA or its representative ready
access at all reasonable times to all part of the premises for the
purposes of inspection, sampling, records examination or in the performance
of any of their duties.
4.
AVJSA shall have the right to set up on the user's property such
devices as are necessary to conduct sampling inspection, compliance
monitoring and/or metering operations. Where SIU has security measures
in force which would require proper identification and clearance before
entry into their premises, the user shall make necessary arrangements
with their security guards so that upon presentation of suitable identification,
personnel from AVJSA will be permitted to enter, without delay, for
the purposes of performing their specific responsibilities.
[Ord. 275, 2/6/1991, § 516]
1.
AVJSA and or the municipality may suspend the wastewater treatment
service and/or a wastewater discharge service agreement when such
suspension is necessary, in the opinion of AVJSA, in order to stop
an actual or threatened discharge which present or may present an
imminent or substantial endangerment to the health or welfare of persons,
to the environment, causes interference to the plant or causes AVJSA
to violate any conditions of the NPDES Permit.
2.
Any person, firm, association or corporation notified of a suspension
of the wastewater treatment service and/or the wastewater contribution
shall immediately stop or eliminate the contribution. In the event
of a failure of the person to comply voluntarily with the suspension
order, the AVJSA and/or the municipality may take such steps as deemed
necessary including immediate severance of the sewer connection, to
prevent or minimize damage to the Plant system or endangerment to
any individuals, AVJSA and/or the municipality shall reinstate the
wastewater discharge service agreement and/or the wastewater treatment
service upon proof of the elimination of the non-complying discharge.
A detailed written statement submitted by SIB describing the causes
of the harmful condition and the measures taken to prevent any future
occurrence shall be submitted to the AVJSA within 15 days of the date
of occurrence.
[Ord. 275, 2/6/1991, § 517]
Any SIU who violates the following conditions of this Part,
or applicable State and Federal regulations, is subject to having
his service agreement revoked.
A.
Failure of user to factually report the wastewater constituents and
characteristics of his discharge.
B.
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring; or,
D.
Violation of conditions of the permit.
[Ord. 275, 2/6/1991, § 518; as amended by Ord.
278, 9/18/1991; by Ord. 325, 7/3/1996; by Ord. 336, 2/5/1997; and
at time of adoption of Code (see Ch. AO)]
1.
Any person
who violates or permits a violation of this Part shall, upon conviction
in a summary proceeding brought before a Magisterial District Judge
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this Part that is violated shall also constitute a
separate offense.
2.
In addition
to proceeding under any other remedy available at law or equity for
violation of pretreatment standards and/or requirements, a publicly
owned treatment works with an approved pretreatment program may assess
a civil penalty upon an industrial user for the violation. The penalty
may be assessed whether or not the violation was willful or negligent.
The civil penalty shall not exceed $25,000 per day for each violation,
regardless of jurisdictional boundaries. Each violation for each separate
day shall constitute a separate and distinct offense under this section.
