[Adopted 12-12-1994 by Ord. No. 8-1994]
A.
Purpose and policy.
(1)
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment systems
of the City of Lower Burrell and enables the City of Lower Burrell
and the Municipal Sanitary Authority of the City of New Kensington
to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations (40
CFR, Part 403).
(2)
The objectives of this article include but are not limited to:
(a)
To prevent the introduction of pollutants into the wastewater
system of the Municipal Sanitary Authority of the City of New Kensington
which will interfere with the operation of the collection or treatment
systems including interference with the use or disposal of the resulting
sludge;
(b)
To prevent the introduction of pollutants into the wastewater
system of the Municipal Sanitary Authority of the City of New Kensington
which will pass through the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be incompatible with the system;
(c)
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system; and
(d)
To provide for equitable distribution of the cost of the municipal
wastewater system.
(3)
This article provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users, authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customer's capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
(4)
This article shall apply to the City of Lower Burrell and to persons
outside the City of Lower Burrell who are, by contract or agreement
with the City of Lower Burrell, users of the sewage treatment plant
of the Municipal Sanitary Authority of the City of New Kensington.
Except as otherwise provided herein, the manager of the sewage treatment
plant of the Municipal Sanitary Authority of the City of New Kensington
shall administer, implement and enforce the provisions of this article.[1]
B.
ACT or THE ACT
APPROVAL AUTHORITY
APPROVED PRETREATMENT PROGRAM or PRETREATMENT PROGRAM
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL STANDARDS
COOLING WATER
CONTROL AUTHORITY
DIRECT DISCHARGE
DIRECTOR
ENVIRONMENTAL PROTECTION AGENCY or EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
(1)
(2)
NATIONAL CATEGORICAL PRETREATMENT STANDARD, NATIONAL PRETREATMENT
STANDARD or PRETREATMENT STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NPDES PERMIT or PERMIT
NPDES STATE
PASS-THROUGH
PUBLICLY OWNED TREATMENT WORKS or POTW
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
REGIONAL ADMINISTRATOR
SHALL
SIGNIFICANT INDUSTRIAL USER
(1)
(a)
(b)
[1]
[2]
[3]
[4]
[5]
(2)
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG DISCHARGE or ACCIDENTAL DISCHARGE
STATE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORMWATER
SUBMISSION
(1)
(2)
(3)
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WATER MANAGEMENT DIVISION DIRECTOR
WATERS OF THE STATE
WASTEWATER CONTRIBUTION PERMIT
Definitions. Unless the context specifically indicates 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 in an NPDES state with an approved
state pretreatment program and the Regional Administrator in a non-NPDES
state or NPDES state without an approved state pretreatment program.
The program administered by the City of Lower Burrell and
the Municipal Sanitary Authority of the City of New Kensington that
meets the criteria established by 40 CFR 403.8 and 403.9 and which
has been approved by a Regional Administrator or State Director in
accordance with 40 CFR 403.11.
An authorized representative of industrial user may be:
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
If an authorization individual or position has responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection (3) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
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 concentration [milligrams per liter
(mg/l)].
A sewer conveying wastewater from the premises of a user
to the wastewater system of the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington.
National categorical pretreatment standards or pretreatment
standard.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The "approval authority," defined hereinabove; or the Manager
of the Municipal Sanitary Authority of the City of New Kensington
if there is an approved pretreatment program applicable under the
provisions of 40 CFR 403.11.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The chief administrative officer of a state or interstate
water pollution control agency with an NPDES permit program approved
pursuant to § 402(b) of the Act and an approved state pretreatment
program.
The U.S. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the administrator or
other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailer, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollutants into the
sewage treatment plant of the Municipal Sanitary Authority of the
City of New Kensington from any source regulated under § 307(b),
(c) or (d) of the Act (33 U.S.C. § 1317).
A source of indirect discharge.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the sewage treatment plant of the Municipal
Sanitary Authority of the City of New Kensington, its treatment processes
or operations, or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirements of the
Municipal Sanitary Authority of the City of New Kensington sewage
treatment plant's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): § 405 of the Clean Water Act, the
Solid Waste Disposal Act (SWDA) [including Title II, more commonly
referred to as the "Resource Conservation and Recovery Act" (RCRA),
and including State regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the SWDA], the Clean Air Act,
the Toxic Substance Control Act, and the Marine Protection, Research
and Sanctuaries Act.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act,
which applies to industrial users. This term includes prohibitive
discharge limits established pursuant to 40 CFR 403.5. The categorical
pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts
405.471 are hereby incorporated.
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 § 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
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 of 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 (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a "new source" 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 section.
A permit issued to a POTW pursuant to § 402 of
the Act.
A state (as defined in 40 CFR 122.2) or interstate water
pollution control agency with an NPDES permit program approved pursuant
to § 402(b) of the Act.
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 POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).
A treatment works as defined by § 212 of the Act,
which is owned by a state or municipality [as defined by § 502(4)
of the 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 POTW
treatment plant. The term also includes the municipality as defined
in § 502(4) of the Act, which has jurisdiction over the
indirect discharges to and the discharges from such a treatment works.
Within the context of this, the term "POTW" specifically refers to
the Municipal Sanitary Authority of the City of New Kensington Sewage
Treatment Plant.
The portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
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 discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
by other means, except as prohibited by 40 CFR 403.6(d). Appropriate
pretreatment technology includes control equipment, such as equalization
tanks or facilities, for protection against surges or slug loadings
that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater
from another regulated process, the effluent from the equalization
facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on an industrial
user.
The appropriate EPA Regional Administrator.
Is mandatory; "may" is permissive.
Except as provided in Subsection (2) of this definition, a significant industrial user of the wastewater disposal system of the Municipal Sanitary Authority of the City of New Kensington is defined as:
All industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
Any other industrial user that:
Discharges an average of 25,000 gallons per average work day
or more of process wastewater to POTW (excluding sanitary, non-contract
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;
Has in their wastes toxic pollutants as defined pursuant to
§ 307 of the Act;
Is found by the City of New Kensington, Municipal Sanitary Authority
of the City of New Kensington, State Control Agency, or the U.S. EPA
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 steam; or
Is designated as such by the control authority on the basis
that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard
or requirement [in accordance with 40 CFR 403.8(f)(6)].
Upon finding that an industrial user meeting the criteria in Subsection (1) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user unless the industrial user is classified as a categorical industrial user.
An industrial user is in significant noncompliance if its
violation meets one or more of these criteria, among others listed
in 40 CFR 403.8:
[Amended 7-14-2008 by Ord. No. 3-2008]
Chronic violations of wastewater discharge limits, defined as
those in which 66% or more of all of the measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
Technical review criteria (TRC) violations, defined as those
in which 33% or more of all of the measurements taken for the same
pollutant parameter taken during a six-month period equal or exceed
the product of the numeric pretreatment standard or requirement, including
instantaneous limits defined by 40 CFR 403.3(1) multiplied by the
applicable TRC [TRC = 1.4 for Biochemical Oxygen Demand (BOD), Total
Suspended Solids (TSS), Oil and Grease, and 1.2 for all other parameters
except pH].
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW 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).
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment, or has resulted in
the POTW's exercise of its emergency authority under Paragraph (f)(1)(vi)(B)
of 40 CFR 403 to halt or prevent such a discharge.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance.
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports and reports on compliance
with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which may include
a violation of best management practices (BMPs), which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accident spill or a noncustomary batch discharge.
Commonwealth of Pennsylvania.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
A request by the Municipal Sanitary Authority of the City of
New Kensington for approval of a pretreatment program to the EPA or
a director.
A request by the Municipal Sanitary Authority of the City of
New Kensington to the EPA or a director for authority to revise the
discharge limits in categorical pretreatment standards to reflect
sewage treatment plant pollutant removals.
A request to the EPA by an NPDES state for approval of its state
pretreatment program.
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 administrator of the Environmental
Protection Agency under the provision of CWA Section 307(a) or other
acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
whether treated or untreated, which is contributed into or permitted
to enter the POTW.
One of the directors of the Water Management Divisions within
the regional offices of the Environmental Protection Agency or this
person's delegated representative.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
As set forth in § 238-27B of this article.
C.
Abbreviations. The following abbreviations shall have the designated
meanings:
BOD - Biochemical Oxygen Demand.
| |
CFR - Code of Federal Regulations.
| |
COD - Chemical Oxygen Demand.
| |
l - Liter.
| |
mg - Milligrams.
| |
mg/l - Milligrams per liter.
| |
NPDES - National Pollutant Discharge Elimination System.
| |
POTW - Publicly owned treatment works.
| |
SIC - Standard Industrial Classification.
| |
SWDA - Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
USC - United States Code.
| |
TSS - Total suspended solids.
|
A.
General discharge prohibitions.
(1)
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will cause pass through
or interfere with the operation or performance of the POTW. These
general prohibitions apply to all such users of a POTW, whether or
not the user is subject to national categorical pretreatment standards
or any other national, state, or local pretreatment standards or requirements.
A user may not contribute the following substances to any POTW:
(a)
Any liquids, solids or gases which by reason of their nature
or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or to the operation of the POTW. These substances
include but are not limited to waste streams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21. At no time shall two successive readings on an explosion
hazard meter at the point of discharge into the system (or at any
point in the system) be more than 5% nor any single reading over 10%
of the lower explosive limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which the control authority, the state or
approved authority has notified the user is a fire hazard or a hazard
to the collection or treatment system.
(b)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to: grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt
residues, residues from refining, or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes.
(c)
Any wastewater having a pH less than five, unless the POTW is
specifically designed to accommodate such wastewater, or wastewater
having any other corrosive property capable of causing damage or hazard
to structures, equipment, and/or personnel of the POTW.
(d)
Any wastewater containing toxic pollutants or pollutants which
result in the presence of toxic gases, vapors or fumes, in sufficient
quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process, or cause
injury, pass-through or interference of the POTW, cause acute worker
health and safety problems, constitute a hazard to humans or animals,
create a toxic effect in the receiving waters of the POTW, or to exceed
the limitation set forth in a categorical pretreatment standard. A
toxic pollutant shall include but not be limited to any pollutant
identified pursuant to § 307(a) of the Act.
(e)
Any noxious or malodorous liquids, gases or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
(f)
Any substance which may cause the POTW's effluent or any other
product of the POTW such as residues, sludge, or scum, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under § 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or state criteria applicable to the sludge
management method being used.
(g)
Any substance which will cause the POTW to violate its NPDES
and/or state disposal system permit or the receiving water quality
standards.
(h)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(i)
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in pass through or
interference, but in no case wastewater with a temperature at the
introduction into the POTW which exceeds 40°C (104° F.), unless
U.S. EPA has approved alternate limits as requested by the POTW.
(j)
Any pollutants, including oxygen demanding pollutants (BOD,
etc.) released at a flow rate and/or pollutant concentration which
a user knows or has reason to know will cause pass-through or interference
to the POTW. In no case shall a slug load have a flow rate or contain
concentration or quantities of pollutants that exceed for any time
period longer than 15 minutes more than five times the average twenty-four-hour
concentration, quantities, or flow during normal operation.
(k)
Any wastewater containing any radioactive wastes or isotopes
of such half life or concentration as may exceed limits established
by the Superintendent in compliance with applicable state or federal
regulations.
(l)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(m)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause pass through or interference
of the POTW.
(n)
Any trucked or hauled pollutants, except at discharge points
designated by the Municipal Authority of the City of New Kensington.
(2)
When the Municipal Sanitary Authority of the City of New Kensington determines that a user is contributing to the POTW any of the above enumerated substances in such amounts as to cause pass-through or interference of the POTW, the Control Authority shall: advise the user of the impact of the contribution on the POTW; and develop effluent limitations for such user to correct the problem of pass-through or interference of the POTW. The Authority may pursue an enforcement action, as outlined in § 238-28, Enforcement, of this article against the industrial user in the event that the user causes pass-through or interference.
B.
Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The categorical pretreatment standards found in 40 CFR, Chapter 1, Subchapter N, Parts 405 through 471, are incorporated herein by reference. The control authority shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
C.
Modification of federal categorical pretreatment standards.
(1)
Where said POTW treatment plant achieves consistent removal of pollutant(s)
discharged by an industrial user to which a categorical pretreatment
standard(s) applies, the Municipal Sanitary Authority of the City
of New Kensington may, at its discretion and subject to the conditions
of 40 CFR 403.7, make application to the approval authority for permission
to grant removal credits to reflect removal by the POTW of pollutants
specified in the categorical pretreatment standard(s). The control
authority may grant a removal credit equal to, or at its discretion,
less than its consistent removal rate. Upon being granted a removal
credit, each affected industrial user shall calculate its revised
discharge limits in accordance with 40 CFR 403.7(a)(4).
(a)
Consistent removal shall mean the average of the lowest 50%
of the removal measured according to 40 CFR 403.7(b)(2). All sample
data obtained for the measured pollutant during the time period prescribed
in 40 CFR 403.7(b)(2) must be reported and used in computing consistent
removal. If a substance is measurable in the influent but not in the
effluent, the effluent level may be assumed to be the limit of measurement,
and those data may be used by the POTW at its discretion and subject
to approval by the approval authority. If the substance is not measurable
in the influent, the data may not be used.
(b)
The POTW may grant removal credits only if:
[1]
The POTW applies for, and receives, authorization from the approval
authority to give a removal credit in accordance with the requirements
and procedures specified in 40 CFR 403.7(e);
[2]
The POTW demonstrates and continues to achieve consistent removal
of all the pollutant(s) in accordance with 40 CFR 403.7(b);
[3]
The POTW has an approved pretreatment program in accordance
with and to the extent required by 40 CFR 403;
[4]
The granting of removal credits will not cause the POTW to violate
the local, state, and federal sludge requirements which apply to the
sludge management method chosen by the POTW; and
[5]
The granting of removal credits will not cause a violation of
the POTW's permit limitation or conditions.
(2)
The Municipal Sanitary Authority of the City of New Kensington may
then modify pollutant discharge limits in the federal pretreatment
standards if the requirements contained in 40 CFR 403.7 are fulfilled
and prior approval from the approval authority is obtained.
D.
Specific pollutant limitations. No person shall discharge wastewater
containing pollutants in excess of the maximum amounts specified in
then-current rules and regulations governing sewage services of the
Municipal Sanitary Authority of the City of New Kensington.
E.
State requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations on those in this article.
F.
City of Lower Burrell's right of revision. The City of Lower Burrell reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 238-24A of this article.
G.
Excessive discharge. 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
the limitations contained in the federal categorical pretreatment
standards, or in any other pollutant specific limitation developed
by the City of Lower Burrell, the Municipal Sanitary Authority of
the City of New Kensington or state. Dilution is permitted only where
expressly authorized by an applicable pretreatment standard or requirement.
H.
Slug or accidental discharges.
(1)
Each significant industrial user shall provide protection from accidental
or slug discharge of prohibited materials or other substances regulated
by this article. Facilities to prevent accidental or slug discharges
of prohibited materials shall be provided and maintained by the owner
or user's own cost and expense. Detailed plans showing facilities
and a complete description of operating procedures implemented to
provide this protection shall be submitted to the Municipal Sanitary
Authority of the City of New Kensington prior to construction of the
facility. All existing significant industrial users shall have completed
the aforementioned plan as required by this article. No industrial
user who commences contribution to the POTW after the effective date
of this article shall be permitted to introduce pollutants into the
system until accidental discharge procedures have been approved by
the Municipal Sanitary Authority of the City of New Kensington. Review
and approval of such plans and operating procedures shall not relieve
the industrial user from the responsibility to modify the industrial
user's facility as necessary to meet the requirements of this article.
All industrial users shall notify the Authority of any changes at
the user's facility that affect the potential for slug discharges
even if it is not anticipated that a discharge would normally occur
based on the facility changes.
[Amended 7-14-2008 by Ord. No. 3-2008]
(2)
A complete description of operating procedures must include, but
not be limited to, the following:
(a)
A listing of all stored chemicals, including the type and nature
of chemical, maximum quantity stored, and any safety procedures to
be followed if an accidental discharge occurs.
(b)
A description of discharge practices, including nonroutine batch
discharges.
(c)
A description of procedures to prevent adverse impact from accidental
or slug discharges, including but not limited to inspection and maintenance
of storage areas, handling and transfer of materials, loading and
unloading operations, control of site runoff, employee training, building
of containment structures or equipment for emergency response.
I.
Notification.
(1)
In the case of accidental or slug discharge or any discharge that
could cause problems at the POTW, it is the responsibility of the
industrial user to immediately telephone and notify the POTW of the
incident. The notification shall include location of discharge, type
of waste discharged, concentration and volume of waste discharged
and corrective actions.
(2)
Within five days following an accidental or slug discharge, the industrial
user shall submit to the Municipal Sanitary Authority of the City
of New Kensington a detailed written report describing the cause of
the discharge and the measures taken by the industrial user to prevent
similar future occurrences. Such notification shall not relieve the
industrial user of any expense, loss, damage, to the POTW, fish kills,
or any other damage to person or property; nor shall such notification
relieve the industrial user of any fines, civil penalties or other
liability which may be imposed by this article or other applicable
law.
J.
Notice to employees. A notice shall be permanently posted on the
industrial user's bulletin board or other prominent location advising
employees whom to contact in the event of an accidental or slug discharge.
Employers shall insure that all employees are advised of the emergency
notification procedure.
K.
Control authority review. The Municipal Sanitary Authority of the
City of New Kensington shall, at least once every two years, evaluate
whether each industrial user will be required to develop a plan to
control accidental or slug discharges.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from industrial users of the said wastewater disposal system
for the implementation of the pretreatment program established herein.
The applicable charges or fees shall be set forth in the schedule
of fees of the Municipal Sanitary Authority of the City of New Kensington
after approval by resolution of the City of Lower Burrell.
B.
Charges and fees.
(1)
The Municipal Sanitary Authority of the City of New Kensington may
adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of establishing and operating
the pretreatment program of the Municipal Sanitary Authority of the
City of New Kensington.
(b)
Fees for monitoring, inspections and surveillance procedures.
(c)
Fees for reviewing accidental or slug discharge procedures and
construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal (by the Municipal Sanitary Authority
of the City of New Kensington) of pollutants otherwise subject to
federal pretreatment standards.
(g)
Other fees as the Municipal Sanitary Authority of the City of
New Kensington may deem necessary to carry out the requirements contained
herein.
(2)
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the City of Lower Burrell
or by the Municipal Sanitary Authority of the City of New Kensington.
A.
Wastewater dischargers. It shall be unlawful to discharge without
a permit to any natural outlet within the City of Lower Burrell, or
in any area under the jurisdiction of said City of Lower Burrell,
and/or to the POTW any wastewater except as authorized by the City
of Lower Burrell or the Municipal Sanitary Authority of the City of
New Kensington in accordance with the provisions of this article.
B.
Wastewater contribution permits.
(1)
General permits. All significant industrial users proposing to connect
to or to contribute to the POTW shall obtain a wastewater discharge
permit before connecting to or contributing to the POTW. All existing
significant industrial users connected to or contributing to the POTW
shall obtain a wastewater contribution permit within 180 days after
the effective date of this article. Compliance with applicable pretreatment
standards and requirements by industrial users is mandatory.
(2)
Permit application.
(a)
Industrial users required to obtain a wastewater contribution
permit shall complete and file with the Municipal Sanitary Authority
of the City of New Kensington an application in the form prescribed
by the Municipal Sanitary Authority of the City of New Kensington
and accompanied by a fee as determined by the Municipal Sanitary Authority
of the City of New Kensington. Existing industrial users shall apply
for a wastewater contribution permit within 30 days after the effective
date of this article, and proposed new sources shall apply at least
90 days prior to connecting to or contributing to the POTW. In support
of the application, the industrial user shall submit, in units and
terms appropriate for evaluation, the following information:
[1]
Name, address, and location (if different from the address)
of the facility, and the name of all operators and owners.
[2]
A list of any environmental control permits held by or for the
facility.
[3]
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
[4]
A description of the nature of activities, facilities and plant
processes on the premises including all materials which are or could
be discharged.
[5]
Each product produced by type, amount, process or processes
and rate of production.
[6]
Type and amount (average and maximum per day) of raw materials
processed.
[7]
Number and type of employees, hours of operation of facility,
and proposed or actual hours of operation of pretreatment system.
[8]
A complete set of site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by size, location and elevation.
[9]
The average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if applicable.
[10]
Time and duration of wastewater contribution.
[11]
Wastewater constituents and characteristics, including but not limited to those mentioned in § 238-25 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended. Laboratory analysis must be attached and submitted with the application. Sampling for all reports, including reports from both categorical users and significant noncategorical users, must be representative of conditions occurring during the reporting period.
[Amended 7-14-2008 by Ord. No. 3-2008]
[12]
The nature and concentration of any pollutant
in the discharge which are limited by any municipal, state or federal
pretreatment standards, or best management practices, and a statement
regarding whether or not the pretreatment standards are being met
on a consistent basis, including submission of information needed
to demonstrate compliance with any best management practice, and if
not, whether additional operation and maintenance (O&M) and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards or best management practice.
[Amended 7-14-2008 by Ord. No. 3-2008]
[13]
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the shortest compliance
schedule by which the industrial user will provide such additional
pretreatment or O&M. The completion date in this schedule shall
not be later than the compliance date established for the applicable
pretreatment standard. The following conditions shall apply to the
compliance schedule requirement:
[a]
The compliance schedule shall contain increments
of progress in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional
pretreatment facilities or O&M required for the industrial user
to meet the applicable pretreatment standards (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing construction,
etc.).
[b]
No increment referred to in Subsection B(2)(a)[13][a]
shall exceed nine months.
[c]
Not later than 14 days following each date in the
compliance schedule and the final date for compliance, the industrial
user shall submit a progress report to the Municipal Sanitary Authority
of the City of New Kensington including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken be the
industrial user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Control Authority.
[d]
The signature of an authorized representative of
the industrial user and certification statement as expressed in 40
CFR 403.6(a)(2)(ii).
[e]
Any other information as may be deemed by the Municipal
Sanitary Authority of the City of New Kensington to be necessary to
evaluate the permit application.
(b)
The Municipal Sanitary Authority of the City of New Kensington
will evaluate the data furnished by the industrial user and may require
additional information. After evaluation and acceptance of the data
furnished, the Municipal Sanitary Authority of the City of New Kensington
may issue a wastewater contribution permit subject to the terms and
conditions provided herein. The Authority may at its discretion deny
issuance of a permit to industrial users where such contributions
of pollutants do not meet applicable pretreatment standards and requirements
or where such contributions would cause the POTW to violate its NPDES
permit.
(3)
Permit requirements. Permits shall contain self-monitoring, sampling,
reporting, notification and recordkeeping requirements, including
an identification of the pollutants to be monitored, sampling location,
sampling frequency, and sample type based upon the applicable general
pretreatment standards in 40 CFR 403, categorical pretreatment standards,
local limits, and state and local law.
(4)
Permit notification.
(a)
Within 90 days of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of significant industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Within 60 days after the effective date of a categorical pretreatment standard, or 60 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Control Authority the information required by § 238-27B(2) of this article.
(b)
At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall be required to submit to the control authority an application for a wastewater contribution permit as required by § 238-27B(2) of this article. New sources shall also be required to include in the wastewater contribution permit application information on the method of pretreatment that the source intends to use to meet applicable pretreatment standards. New sources shall provide estimates of the information requested in § 238-27B(2)(a)[5], [6], [9], [10], [11], [12] and [13] of this article.
(5)
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, user charges and fees established by the Municipal Sanitary
Authority of the City of New Kensington. Permits may contain the following:
(a)
Effluent limits based upon applicable general pretreatment standards,
categorical pretreatment standards, local limits, and state and local
law.
(b)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer.
(c)
Limits on the average and maximum wastewater constituents and
characteristics.
(d)
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(e)
Requirements for installation and maintenance of inspection
and sampling facilities.
(f)
Specification for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(g)
Compliance schedules.
(h)
Requirements for submission of technical reports or discharge
reports.
(i)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Municipal Sanitary Authority
of the City of New Kensington, and affording the Municipal Sanitary
Authority of the City of New Kensington access thereto.
(j)
Requirements for notification of the Municipal Sanitary Authority
of the City of New Kensington in advance 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.
(k)
Requirements for notification of slug discharges, as per § 238-25H, including the requirement for development and implementation of slug control measures, and any changes at a user's facility that affect the potential for slug discharges, even if it is not anticipated that a discharge would normally occur based on the facility changes.
[Amended 7-14-2008 by Ord. No. 3-2008]
(l)
Other conditions as deemed appropriate by the Municipal Sanitary
Authority of the City of New Kensington, including requirements for
implementation of best management practices and reporting of information
on compliance with the best management practices.
[Amended 7-14-2008 by Ord. No. 3-2008]
(m)
Requirements for permit duration as outlined in § 238-27B(6) of this article.
(n)
Requirements of permit transfer as outlined in § 238-287B(7)
of this article.
(6)
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The industrial user 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 Municipal Sanitary Authority of the City of New Kensington during the term of the permit as limitations or requirements as identified in § 238-25 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time for compliance.
(7)
Permit transfer. Wastewater discharge permits are issued to a specific
operation. A wastewater discharge permit shall not be reassigned or
transferred or sold to a new owner, new user, different premises or
a new or changed operation without the written approval of the Municipal
Sanitary Authority of the City of New Kensington. Any succeeding owner
or user shall also comply with the terms and conditions of the existing
permit.
(8)
Civil and criminal penalties. Permits shall contain a statement of applicable civil and criminal penalties for violation of pretreatment standards, as specified in § 238-29 of this article, and any applicable compliance schedules.
(9)
All industrial users of the wastewater system of the Municipal Sanitary
Authority of the City of New Kensington shall promptly notify the
POTW in advance of any substantial change in the volume or characteristics
of pollutants in their discharge, including the listed or characteristic
hazardous wastes for which the industrial user has submitted initial
notification under 40 CFR 402.12(p). All industrial users shall notify
the Authority of any changes at the user's facility that affect the
potential for slug discharge even if it is not anticipated that a
discharge would normally occur based on the facility changes.
[Amended 7-14-2008 by Ord. No. 3-2008]
C.
Permittee reporting requirements.
(1)
Measurement of pollutants. The industrial user shall comply with
the requirements as specified in 40 CFR 403.12(b)(5), as amended:
(a)
The industrial user shall identify the pretreatment standards
applicable to each regulated process, including best management practice
where required by the pretreatment standards or Control Authority.
[Amended 7-14-2008 by Ord. No. 3-2008]
(b)
The industrial user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where
required by the Standard or Control Authority) of regulated pollutants
in the discharge from each regulated process. Both daily maximum and
average concentration (or mass, where required) shall be reported.
The sample shall be representative of daily operations. Sampling for
all reports, including reports from both categorical users and significant
noncategorical users, must be representative of conditions occurring
during the reporting period. Additionally, the industrial user shall
submit information needed to demonstrate compliance with any best
management practice.
[Amended 7-14-2008 by Ord. No. 3-2008]
(c)
A minimum of four grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organics. For
all other pollutants, twenty-four-hour composite samples must be obtained
through flow-proportional composite sampling techniques where feasible.
The control authority may waive flow proportional composite sampling
for any industrial user that demonstrates that flow-proportional composite
sampling is infeasible. In such cases, samples may be obtained through
time-proportional composite sampling techniques or through a minimum
of four grab samples when the industrial user demonstrates that this
will provide a representative sample of the effluent being discharged.
(d)
The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of § 238-27C(1).
(e)
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 industrial
user should measure the flows and concentrations necessary to allow
use of the combined waste stream formula presented in 40 CFR 403.6(e)
in order 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 Municipal Sanitary Authority of the City
of New Kensington.
(f)
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR 136 and amendments thereto. Where
40 CFR 136 does not contain sampling or analytical techniques for
the pollutant in questions, or where the administrator determines
that the 40 CFR 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed
using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the POTW
or other parties, approved by the administrator.
(g)
The control 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.
(h)
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.
(2)
Periodic compliance reports: categorical industrial users. The following
requirements must be followed by industrial users to which categorical
pretreatment standards apply:
(a)
Any industrial user subject to a categorical pretreatment standard,
after the compliance date of such pretreatment standard, in the case
of a new source after commencement of the discharge into the POTW,
shall submit to the Municipal Sanitary Authority of the City of New
Kensington during the months of June and December, unless required
more frequently in the pretreatment standard or by the Control Authority
or Approval Authority, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such categorical
pretreatment standards, including best management practices. In addition,
this report shall include a record of measured or estimated average
and maximum daily flows for the reporting period for the discharge
reported. However, the Municipal Sanitary Authority of the City of
New Kensington may require more detailed reporting of flows. At the
discretion of the Control Authority and in consideration of such facts
as local high or low flow rates, holidays, budget cycles, etc., the
Control Authority may agree to alter the months during which the above
reports are to be submitted. Any categorical industrial users subject
to best management practice requirements shall submit information
on compliance with the applicable best management practice. Additionally,
the industrial user shall submit information needed to demonstrate
compliance with any best management practice.
[Amended 7-14-2008 by Ord. No. 3-2008]
(b)
Where the Municipal Sanitary Authority of the City of New Kensington has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(d), the report required by Subsection C(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(c)
For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures of 40 CFR 403.6(c), the report required by Subsection C(2)(a) of this section shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by Subsection C(2)(a) of this section shall include the industrial user's actual average production rate for the reporting period.
(3)
Periodic compliance reports: noncategorical industrial users.
[Amended 7-14-2008 by Ord. No. 3-2008]
(a)
The Control Authority shall require appropriate reporting from
those industrial users with discharges that are not subject to categorical
pretreatment standards. All noncategorical industrial users subject
to best management practice requirements shall submit information
on compliance with the applicable best management practice.
(b)
Significant noncategorical industrial users shall submit to
the Municipal Sanitary Authority of the City of New Kensington at
least once every six months (in dates specified by the Control Authority)
a description of the nature, concentration and flow of the pollutants
required to be reported by the Control Authority. These reports shall
be based on sampling and analysis performed in the period covered
by the report, and performed in accordance with the techniques described
in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain
sampling or analytical techniques for the pollutant in question, or
where the Administrator determines that the 40 CFR sampling and analytical
techniques are in appropriate for the pollutants in question, sampling
and analysis shall be performed using validated analytical methods
or any other applicable sampling and analytical procedures, including
procedures suggested by the POTW or other person, approved by the
Administrator. This sampling and analysis may be performed by the
Control Authority in lieu of the significant noncategorical industrial
user. Where the POTW itself collects all the information required
for the report, the noncategorical significant industrial user will
not be required to submit the report.
(4)
Compliance report deadline.
(a)
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 industrial user subject to pretreatment standards and requirements, including best management practices, shall submit to the Municipal Sanitary Authority of the City of New Kensington a report containing the information described in § 238-27C(1) of this article. Sampling for all reports, including reports from both categorical users and significant noncategorical users, must be representative of conditions occurring during the reporting period.
[Amended 7-14-2008 by Ord. No. 3-2008]
(b)
For industrial users subject to equivalent mass or concentration
limits established by the control authority in accordance with the
procedures of 40 CFR 403.6(c), this report shall contain a reasonable
measure of the industrial user's long-term production rate. For all
other industrial users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit of production
(or other measure of operation), this report shall include the industrial
user's actual production during the appropriate sampling period.
(c)
The report shall state whether the applicable pretreatment standards
or requirements are being met on a consistent basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the industrial
user into compliance with the applicable pretreatment standards or
requirements. This report shall be signed by an authorized representative
of the industrial user and certified in accordance with § 238-27B(2)(a)[14]
of this article.
D.
Monitoring.
(1)
Monitoring and analysis.
[Amended 7-14-2008 by Ord. No. 3-2008]
(a)
The reports required in Subsections B(2) and C(2) and (3) of this section shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production and mass, where required by the Control Authority, of pollutants contained therein which are limited by applicable pretreatment standards. This sampling and analysis may be performed by the Control Authority in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the industrial user will not be required to submit the compliance certification required in the aforementioned reports. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(b)
Grab samples must be used for pH, cyanide, total phenols, oil
and grease, sulfide and volatile organic compounds. For all other
pollutants, twenty-four-hour composite samples must be obtained through
flow-proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by the Control Authority.
Where time-proportional composite sampling or grab sampling is authorized
by the Control Authority, the samples must be representative of the
discharge and the decision to allow the alternative sampling must
be documented in the industrial user file for that facility or facilities.
Using protocols (including appropriate preservation) specified in
40 CFR Part 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 Control Authority, as appropriate.
(c)
If sampling performed by an industrial user indicates a violation,
the industrial user shall notify the Municipal Sanitary Authority
of the City of New Kensington within 24 hours of becoming aware of
the violation. The industrial user shall also repeat the sampling
and analysis and submit the results of the repeat analysis to the
control authority within 30 days after becoming aware of the violation.
The industrial user is not required to resample if:
[1]
The control authority performs sampling at the industrial user
at a frequency of at least once per month; or
[2]
The control authority performs sampling at the industrial user
between the time when the industrial user performs its initial sampling
and the time when the industrial user receives the results of this
sampling.
(d)
The reports required in Subsection C(2) and (3) of this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The Municipal Sanitary Authority of the City of New Kensington shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(e)
All analyses shall be performed in accordance with procedures
established by the administrator pursuant to § 304(h) of
the Act and contained in 40 CFR 136 and amendments thereto or with
any other test procedures approved by the administrator (see 40 CFR
136.4 and 136.5). Sampling shall be performed in accordance with the
techniques approved by the administrator. Where 40 CFR 136 does not
include sampling or analytical techniques for the pollutant in question,
or where the administrator determines that 40 CFR 136 sampling and
analytical techniques are inappropriate for the pollutant in question,
sampling and analysis shall be performed using validated analytical
methods or another sampling and analytical procedures, including procedures
suggested by the POTW or other parties, approved by the administrator.
(f)
If an industrial user subject to the reporting requirements of Subsection C(2) or (3) of this section monitors any pollutant more frequently than required by the Municipal Sanitary Authority of the City of New Kensington, using the procedures prescribed in Subsection D(1)(d) of this section, the results of this monitoring shall be included in the report.
E.
Monitoring facilities.
(1)
The Municipal Sanitary Authority of the City of New Kensington shall
require to be provided and operated at the industrial user's own 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 industrial user's premises,
but the Municipal Sanitary Authority of the City of New Kensington
may, when such a location would be impractical or cause undue hardship
on the industrial user, allow the facility to be constructed in the
public street or sidewalk area and so located as not to be obstructed
by landscaping or parked vehicles.
(2)
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the industrial user.
(3)
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the requirements
of the Municipal Sanitary Authority of the City of New Kensington
and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following notification
by the Municipal Sanitary Authority of the City of New Kensington.
F.
Inspection and sampling. The Municipal Sanitary Authority of the
City of New Kensington shall sample the discharge and inspect the
facilities of any industrial user a minimum of two times per year
to ascertain whether the purpose of this article is being met and
all requirements are being complied with. Owners and occupants of
premises where wastewater is created or discharged shall allow the
Municipal Sanitary Authority of the City of New Kensington or its
representative ready access at all reasonable times to all parts of
the premises for inspection, sampling, records examination or in the
performance of any of their duties. The EPA shall have the right to
set up on the industrial users property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering
operations. Where an industrial user has security measures in force
which would require proper identification and clearance before entry
into its premises, the industrial user shall make necessary arrangements
with their security guards so that, upon presentation of appropriate
identification, personnel from the Municipal Sanitary Authority of
the City of New Kensington, approval authority and the EPA will be
permitted to enter, without delay, for the purposes of performing
their duties.
G.
Recordkeeping requirements.
(1)
(2)
Any industrial user subject to the reporting requirement established by Subsection C of this section shall be required to retain for a minimum of three years any records of monitoring activities and results, or best management practices, including records of compliance with the best management practices (whether or not such monitoring activities, or best management practices are required by this section) and shall make such records available for inspection and copying by the Director, Regional Administrator and the Municipal Sanitary Authority of the City of New Kensington. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user, or when required by the Director, the Regional Administrator, or the Municipal Sanitary Authority of the City of New Kensington.
[Amended 7-14-2008 by Ord. No. 3-2008]
(3)
Any POTW to which report are submitted by an industrial user pursuant to Subsections B(2) and C(2) and (3) of this section, shall retain such reports, including documentation associated with any best management practices, or information on compliance with the best management practices, for a minimum of three years and shall make such reports, or documentation available for inspection and copying by the Director and the Regional Administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW pretreatment program or when requested by the Director or the Regional Administrator.
[Amended 7-14-2008 by Ord. No. 3-2008]
(4)
Any industrial user subject to the reporting requirement established by Subsection C of this section shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the Director, Regional Administrator, and the Municipal Sanitary Authority of the City of New Kensington. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user, or when requested by the Director, the Regional Administrator, or the Municipal Sanitary Authority of the City of New Kensington.
(5)
Any POTW to which reports are submitted by an industrial user pursuant to Subsections B(2), C(2) and (3) of this section shall retain such reports for a minimum of three years and shall make such reports available for inspection and copying by the director and the regional administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW pretreatment program or when requested by the director or the regional administrator.
H.
Hazardous waste notification. The industrial user shall comply with
the hazardous waste notification requirements established below:
(1)
The industrial user notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user. An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must occur within 180 days of the effective date of 40 CFR 403. Industrial users who commence discharging after the effective date of 40 CFR 403 shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under Subsection B(9) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Subsection C of this article.
(2)
Dischargers are exempt from the requirements of Subsection H(1) during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.30(e). Discharge of more than 15 kilograms of nonacute hazardous wastes, as specified in 40 CFR 261.30(d) and 261.30(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
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 industrial user
must notify the POTW, the EPA regional waste management waste division
director, and state hazardous waste authorities of the discharge of
such substance within 90 days of the effective date of such regulations.
I.
Pretreatment.
(1)
Users shall provide necessary wastewater treatment as required to
comply with this article and shall achieve compliance with all federal
categorical pretreatment standards within the time limits specified
by federal pretreatment regulations. Any facilities required to pretreat
wastewater to a level acceptable to the Municipal Sanitary Authority
of the City of New Kensington shall be provided, operated and maintained
at industrial user's expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the Municipal
Sanitary Authority of the City of New Kensington for review, and shall
be acceptable to the Municipal Sanitary Authority of the City of New
Kensington before construction of the facility. The review of such
plans and operating procedures will, in no way, relieve the industrial
user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the Municipal Sanitary Authority
of the City of New Kensington under the provisions of this section.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the Municipal
Sanitary Authority of the City of New Kensington prior to the industrial
user's initiation of such changes.
(2)
The Municipal Sanitary Authority of the City of New Kensington shall
annually publish in the Valley News Dispatch, Legal Ads Department,
a list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the 12 previous months
in accordance with 40 CFR 403.8(f)(2)(vii). The notification shall
also summarize any enforcement actions taken against the user(s) during
the same 12 months.
J.
Confidential information.
(1)
Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the industrial user specifically
requests and is able to demonstrate to the satisfaction of the Municipal
Sanitary Authority of the City of New Kensington that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the industrial
user.
(2)
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NPDES) Permit, state disposal system permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. In addition, all industrial user information will be provided
without any restriction, to U.S. EPA upon which U.S. EPA will follow
the confidentiality requirements of 40 CFR 403.14 in determining what
information will be made available to the public. Wastewater constituents
and characteristics will not be recognized as confidential information.
(3)
Information accepted by the Municipal Sanitary Authority of the City
of New Kensington or the City of Lower Burrell as confidential, shall
not be transmitted to any governmental agency or to the general public
by the Municipal Sanitary Authority of the City of New Kensington
until and unless a ten-day notification is given to the user.
A.
Enforcement policy.
(1)
All violations of pretreatment standards and requirements are instances
of noncompliance and will receive a specific enforcement response
in accordance with the Municipal Sanitary Authority of the City of
New Kensington Control Authority enforcement response plan. Pretreatment
standards and requirements are a matter of strict liability. Hence,
good faith or lack of negligence on the user's part is no defense
to a violation of pretreatment standards and/or requirements. The
enforcement responses shall range from notices of violation to formal
civil litigation and/or termination of service, depending upon the
severity of the violation. While similar violations will receive similar
enforcement responses, some inherent discretion exists within each
enforcement response selection. For example, some violations will
trigger either an administrative action, formal civil litigation or
permit revocation. Selection of the specific enforcement response
option shall be at the sole discretion of the City of Lower Burrell
or the Municipal Sanitary Authority of the City of New Kensington.
(2)
When making determinations regarding the level of enforcement, the
City of Lower Burrell or the Municipal Sanitary Authority of the City
of New Kensington shall take into consideration the following:
(a)
Damage to air, water, land or other natural resources and their
uses.
(b)
Costs of restoration and abatement.
(c)
Savings to the user as a result of the violation.
(d)
History of past violations by the user.
(e)
Deterrence of future violations.
(f)
Other relevant factors as determined by the control authority.
(3)
Emergency authority.
(a)
The City of Lower Burrell or the Municipal Sanitary Authority
of the City of New Kensington may suspend the wastewater treatment
service and/or a pretreatment permit when such suspension is necessary,
in the opinion of Municipal Sanitary Authority of the City of New
Kensington, in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons, to the environment, causes pass
through or interference to the POTW or causes Municipal Sanitary Authority
of the City of New Kensington to violate any condition of its NPDES
permit or any other federal or state permit or regulation.
(b)
Any person notified of a suspension of the wastewater treatment
service and/or pretreatment permit shall immediately stop or eliminate
the discharge. In the event of a failure of the person to comply voluntarily
with the suspension order, the Municipal Sanitary Authority of the
City of New Kensington shall take such steps as deemed necessary including
immediate severance of the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to any individuals or the
environment. The Municipal Sanitary Authority of the City of New Kensington
shall reinstate the pretreatment permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Municipal Sanitary
Authority of the City of New Kensington within five days of the date
of occurrence.
B.
Enforcement procedures. For violations not requiring the City of
Lower Burrell or the Municipal Sanitary Authority of the City of New
Kensington to invoke its emergency authority, the following procedures
shall apply:
(1)
Notice of violation. Whenever the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington finds that a user
has violated or is violating this article, pretreatment permit or
any prohibition, limitation, or requirements contained herein, the
City of Lower Burrell or the Municipal Sanitary Authority of the City
of New Kensington shall serve upon such person a written notice stating
the nature of the violation(s), which may include the assessment of
a civil penalty, and require a written response from the user. As
required by the publicly owned treatment works penalty law, such notice
shall include the name, address, and telephone number of the control
authority manager or other person responsible for accepting appeals.
Within 30 days of the date of the notice of violation, a plan for
the satisfactory correction thereof shall be submitted to the City
of Lower Burrell and the Municipal Sanitary Authority of the City
of New Kensington by the user.
(2)
Compliance schedule. When the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington finds that a user
is in violation of this article, pretreatment permit, or requirements
contained herein, the City of Lower Burrell or the Municipal Sanitary
Authority of the City of New Kensington may require the user to submit
or may itself issue a schedule of compliance for the necessary correction.
(a)
The schedule shall contain increments of progress 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 pretreatment permit requirements (e.g., hiring
an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction,
completing construction, etc.).
(b)
No increment referred to in Subsection B(1)(a) shall exceed
nine months.
(c)
Not later than 14 days following each date in the compliance
schedule and the final date for compliance, the user shall submit
a progress report to the City of Lower Burrell and the Municipal Sanitary
Authority of the City of New Kensington including, as a minimum, whether
or not it complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken
by the user to return construction to the schedule established. In
no event shall more than nine months elapse between such progress
reports to the City of Lower Burrell and to the Municipal Sanitary
Authority of the City of New Kensington.
(3)
Consent order. The City of Lower Burrell or the manager of the Municipal
Sanitary Authority of the City of New Kensington is hereby empowered
to enter into consent orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with the user
responsible for the noncompliance. Such consent orders shall include
a specific action to be taken by the user to correct the noncompliance
within a time period also specified in the consent order. Consent
orders shall have the same force and effect as administrative orders
issued pursuant to this section.
(4)
Compliance order. When the City of Lower Burrell or the Manager of
the Municipal Sanitary Authority of the City of New Kensington finds
that a user has violated or continues to violate this article, pretreatment
permit or order issued thereunder, the City of Lower Burrell or the
Manager of the Municipal Sanitary Authority of the City of New Kensington
may issue an order to the user responsible for the discharge directing
that, following a specified time period, sewer service shall be discontinued
unless adequate treatment facilities, devices, or other related appurtenances
have been installed and are properly operated. Orders may also contain
such other requirements as might be reasonably necessary and appropriate
to address the noncompliance, including the installation of pretreatment
technology, additional self-monitoring, and management practices.
(5)
Show-cause order.
(a)
The City of Lower Burrell or the Municipal Sanitary Authority
of the City of New Kensington may order any user who causes or allows
a discharge of sewer, industrial waste, or other waste into the POTW
in violation of the provisions, requirements, or pretreatment standards
of this article or the Rules and Regulations of the Department of
Environmental Protection or the Environmental Protection Agency to
show cause before the Municipal Sanitary Authority of the City of
New Kensington why the proposed assessment of penalty and/or enforcement
action should not be taken. A notice shall be served upon the user
specifying the time and place of a hearing to be held by the Municipal
Sanitary Authority of the City of New Kensington regarding the alleged
violation, setting forth the specific facts and circumstances upon
which the proposed enforcement action is to be taken, and directing
the user to show cause before the Municipal Sanitary Authority of
the City of New Kensington as to why the proposed assessment of penalty
and/or enforcement actions should not be taken.[1]
(b)
The notice of the hearing shall be served personally or by registered
or certified mail (return receipt requested) upon the user, not less
than 20 days prior to the hearing. Such notice shall contain the name,
address and telephone number of the control authority manager or other
person responsible for accepting appeals. Within 15 days from the
date of service of the notice, the user shall file with the manager
of the Municipal Sanitary Authority of the City of New Kensington
a verified answer responding to the allegations in the notice. Allegations
in the notice which are not specifically denied shall be deemed to
have been admitted. Failure to file an answer or to specifically deny
the allegations of the notice shall constitute a sufficient basis
for the entry of a default adjudication upon expiration of said 15
days.
(c)
The Municipal Sanitary Authority of the City of New Kensington
may itself conduct the hearing and take the evidence, or may designate
any of its members or any officer or the Manager to:
[1]
Issue in the name of the Municipal Sanitary Authority of the
City of New Kensington notices of hearings requesting the attendance
and testimony of witnesses and the production of evidence relevant
to any matter involved in such hearings.
[2]
Take the evidence.
[3]
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Municipal
Sanitary Authority of the City of New Kensington for action thereon.
(d)
At any hearing held pursuant to this article, testimony taken
must be under oath and recorded stenographically. The transcript so
recorded will be made available to any member of the public or any
party to the hearing upon payment of the usual charges thereof.
(e)
After the Council and the Municipal Sanitary Authority of the
City of New Kensington has reviewed the evidence, it may issue an
order to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed, or existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued, including
but not limited to injunctive relief and civil penalties.
(6)
Cease-and-desist order. Whenever the City of Lower Burrell or the
Municipal Sanitary Authority of the City of New Kensington finds that
a user has violated or is violating this article, pretreatment permit
or any prohibition, limitation or requirements contained herein, the
City or the Municipal Sanitary Authority of the City of New Kensington
shall issue an order to cease and desist all such violations and direct
those persons in noncompliance to:
(a)
Comply forthwith.
(b)
Take such appropriate remedial or preventative action as may
be needed to properly address a continuing or threatened violation,
including halting operations and terminating the discharge.
(c)
As required by the publicly owned treatment works penalty law,
such notice shall include the name, address, and telephone number
of the control authority manager or other person responsible for accepting
appeals.
C.
Civil proceedings. If any person discharges sewage, industrial waste,
or other wastes into the wastewater disposal system of the Municipal
Sanitary Authority of the City of New Kensington in violation of the
provisions, requirements or pretreatment standards of this article,
the rules and regulations of the Pennsylvania Department of Environmental
Protection, or the Environmental Protection Agency which presents
an imminent danger or substantial harm to the POTW or the public,
an imminent or substantial endangerment to the environment, causes
the POTW to violate any condition of its NPDES permit, or has shown
a lack of ability or intention to comply with said pretreatment provisions,
requirements or standards, any other order of the Municipal Sanitary
Authority of the City of New Kensington, or the City of Lower Burrell,
or its other enforcement procedures would not be adequate to effect
prompt correction of the condition or violations, the Municipal Sanitary
Authority of the City of New Kensington or the City of Lower Burrell
may institute an action to obtain injunctive relief in the Court of
Common Pleas of Westmoreland County, where the activity has taken
place, where the condition exists, or where the public is affected.[2]
D.
Criminal proceedings. Any person who knowingly makes any false statements,
representations or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or pretreatment 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.
E.
Revocation of permit.
(1)
Any user who violates the following conditions of this article or
applicable state and federal regulations, is subject to having its
pretreatment permit revoked.
(a)
Failure of a user to factually report the wastewater constituents
and characteristics of its 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 and/or monitoring.
(d)
Violation of conditions of the pretreatment permit.
(2)
If pretreatment permit is revoked, the control authority may take
steps it deems advisable, including severance of the sewer connection,
to promote compliance with this article.
F.
Appeals. The user shall have such right of appeal to the court of
common pleas having jurisdiction as is provided for under § 7(b)
of the Publicly Owned Treatment Works Penalty Law,[3] the Local Agency Law, 2 Pa.C.S.A. § 101 et seq.
or Judicial Code, 42 Pa.C.S.A. § 762.
[3]
Editor's Note: See 35 P.S. § 752.7(b).
A.
Civil penalties. Any user who is found to have violated the provisions,
requirements, or pretreatment standards of this article, the rules
and regulations of the Pennsylvania Department of Environmental Protection
or the Environmental Protection Agency, an order, rule, regulation
or permit of the Municipal Sanitary Authority of the City of New Kensington
or the City of Lower Burrell, whether or not the violation is willful
or negligent, may be assessed a civil penalty in an amount not to
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. The Municipal Sanitary Authority
of the City of New Kensington or the City of Lower Burrell may recover
its costs for reestablishing the operating of the POTW, in addition
to any civil penalty imposed hereunder. In addition, the Municipal
Sanitary Authority of the City of New Kensington or the City of Lower
Burrell may recover attorneys' fees, all court costs, and all other
expenses of litigation to the extent permitted by law.[1]
B.
Civil penalty assessment policy.
(1)
This section constitutes the civil penalty assessment policy required
by the Publicly Owned Treatment Works Penalty Law (herein "Penalty
Law") Act No. 9 of 1992, 35 P.S. § 752.1 et seq. When making
determinations of the level of enforcement, the City of Lower Burrell
and/or the Municipal Sanitary Authority of the City of New Kensington
shall take into consideration the following:
(a)
Damage to air, water, land, or other natural resources and their
uses.
(b)
Costs of restoration and abatement.
(c)
Savings to the user as a result of the violation.
(d)
History of past violations.
(e)
Deterrence of future violations.
(f)
Other relevant factors as determined by the City of Lower Burrell
and/or the Municipal Sanitary Authority of the City of New Kensington.
(2)
A user must usually spend money to comply with pretreatment standards
and requirements. The user makes initial capital expenditures for
pretreatment equipment or process changes and incurs subsequent operation,
maintenance, and repair costs annually. By delaying or avoiding these
costs, the user realizes and economic advantage or benefit over a
competitor which complied with pretreatment requirements in a timely
manner. Thus, the "economic benefit" of noncompliance is defined as
the difference between the cost of on time compliance and delayed
compliance. Economic benefits realized by the user which fails to
comply by a required deadline can be measured by:
(a)
The money that the user would expect to earn by delaying the
purchase of pretreatment equipment or implementation of process changes
and investing the money in more profitable projects.
(b)
The annual costs that the user avoids, and the expected return
on avoided costs, during the period of noncompliance.
(c)
Any competitive advantage the user may gain, such as increased
market share over competitors already in compliance, because of cost
advantages attributed to delayed compliance.
(3)
In this article, the economic benefit calculation is focused on the
first two benefits. The "Guidance Manual for POTW's to Calculate the
Economic Benefit of Noncompliance," U.S. Environmental Protection
Agency, September 5, 1990, may be applied in calculating the penalty.
(4)
Consideration of the gravity and length of a violation is important
when determining the penalty amount. Removing the economic benefit
of noncompliance only places the violation user in the position it
would have been had it complied on time. Both deterrence and fundamental
fairness require that the civil penalty include an additional amount
to ensure that noncompliance is more costly than compliance, and the
City of Lower Burrell and/or the Municipal Sanitary Authority of the
City of New Kensington's policy will be to include such an amount.
(5)
Recovering for damages to public facilities and/or natural resources.
(a)
Failure to comply with pretreatment standards and requirements
may cause damage to the collection system of the City of Lower Burrell
or the Municipal Sanitary Authority of the City of New Kensington.
Damage may also be caused to the natural environment. Therefore, an
additional purpose of penalties in pretreatment enforcement shall
be to recover for such damages. Specifically, the City of Lower Burrell
or the Municipal Sanitary Authority of the City of New Kensington
may determine to require that a violating user pay reparations for
any damages caused to the collection system by improper disposal of
pollutants. Such a user may also be required to pay for replacement
of equipment, facilities, and/or other damaged processes at the POTW
caused by pollutant interference.
(b)
Pollutants which pass through or interfere with POTW processes
may cause damage to natural systems in receiving waters. In addition
to assessing penalties to recover for such damages, the City of Lower
Burrell or the Municipal Sanitary Authority of the City of New Kensington
may consider requiring mitigation and remediation programs.
(c)
The City of Lower Burrell and/or the Municipal Sanitary Authority
of the City of New Kensington will consider assessing higher penalties
for violations resulting in actual or potential harm to the environment.
Such potential environmental harm occurs whenever a user discharges
a pollutant into the sewer system that:
(6)
Cost of restoration and abatement. Some violations may have negative
impacts on the POTW itself. For example, such violations may result
in significant increases in treatment costs, interference, harm POTW
personnel, equipment, processes or operations, or cause sludge contamination,
resulting in increased disposal costs. When a user's noncompliance
harms the POTW, the City of Lower Burrell or the Municipal Sanitary
Authority of the City of New Kensington will assess a larger penalty.
(7)
Savings to the user as a result of violation. A user which fails
to comply with pretreatment standards and requirements in a timely
manner may accrue a significant economic benefit. A penalty assessed
against the violator will be fixed at a level to at least negate this
economic benefit and make it unprofitable for the user to ignore or
violate pretreatment requirements. These requirements include installation
of pretreatment equipment, one time expenditures (e.g., land), and
operation and maintenance (O&M) or other annual costs. The economic
benefit calculation described in this article will be applied to any
or all types of pollution control costs.
(8)
History of past violation.
(a)
The City of Lower Burrell or the Municipal Sanitary Authority
of the City of New Kensington will consider each violation in assessing
the significance of user noncompliance. Violations of average effluent
limitations will be considered a violation for each day of the averaging
period. Therefore, a monthly average violation will be counted as
30 days of violation, a weekly average violation as seven days of
violation, and a four-day average should be counted as four violations.
Violations of different parameters at the same discharge point or
outfall are counted separately, and violations at different discharge
points or outfalls or indirect discharges are counted separately.
The amount of the penalty will be increased as the number of violations
increases. However, as provided in the Penalty Law, a single operational
upset shall only be considered as one violation, even though it may
result in simultaneous violations of more than one pretreatment standard.
(b)
The City of Lower Burrell or the Municipal Sanitary Authority
of the City of New Kensington shall consider increasing penalty amounts
for continuing, long-term violations. Generally, a long-term violation
is one that continues for three or more consecutive months. In addition,
penalties will be higher for violations that have continued for three
years than for violations that have only occurred for six months.
(c)
Significant noneffluent violations will be considered in assessing
penalties. Violations included in this category include failure to
report, late reporting, schedule violations, failure to implement
an approved pretreatment program, laboratory analysis deficiencies,
unauthorized discharge, operation and maintenance (O&M) deficiencies,
and sludge handling violations.
(d)
The City of Lower Burrell or the Municipal Sanitary Authority
of the City of New Kensington will consider increasing the penalty
amount when the violating user appears to be acting in "bad faith"
(e.g., by not cooperating with the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington in effecting a timely
correction of the violation); when the user experiences unjustified
delays in preventing, correcting, or mitigating violations; when the
user has already violated prior administrative orders, compliance
agreements, or consent decrees; or when the user fails to provide
timely and full information. This recalcitrance factor also may be
increased during negotiation if the user continues to resist efforts
to settle.
(e)
When a user demonstrates that it is unable to pay a settlement
penalty, the City of Lower Burrell or the Municipal Sanitary Authority
of the City of New Kensington will independently evaluate the user's
ability to pay. When it is determined that the user cannot afford
to pay the penalty or that payment of all or part of the penalty will
preclude the violator from achieving compliance, the City of Lower
Burrell or the Municipal Sanitary Authority of the City of New Kensington
may consider other options. For example, the City of Lower Burrell
or the Municipal Sanitary Authority of the City of New Kensington
may consider an installment payment plan with the user paying interest.
Only as a last recourse, the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington may consider reducing
the penalty amount. If the user's behavior has been exceptionally
culpable, recalcitrant, or threatening to human health and the environment,
inability to pay will be disregarded.
(9)
Deterrence of future violations.
(a)
A user shall install the appropriate pollution control equipment
to comply with applicable pretreatment regulations, maintaining compliance,
required continuing O&M and other annual expenditures. For users
which fail to comply with pretreatment requirements, the City of Lower
Burrell or the Municipal Sanitary Authority of the City of New Kensington
will set its penalties at a level to remove, at a minimum, the economic
benefit from avoided annual costs during its period of violations.
The City of Lower Burrell or the Municipal Sanitary Authority of the
City of New Kensington hereby determines that assessing a penalty
which, as a minimum, eliminates the economic benefit of noncompliance
(or makes noncompliance more expensive than compliance) will encourage
users to remain in compliance.
(b)
The intent of these penalties is to deter noncompliance so that
pollutant discharges by a user do not have significant negative impacts
on the POTW, collection system, or receiving waters. The City of Lower
Burrell or the Municipal Sanitary Authority of the City of New Kensington's
policy will be not to assess a penalty that is too small (e.g., less
than the economic benefit of noncomplying), so that the violating
user and other users may determine that noncompliance is more expensive
than compliance.
(c)
The EPA or DEP can take enforcement action against a user violating
the Clean Water Act, including federal pretreatment standards and
regulations. Citizens or citizen groups can also bring civil suits
against a user for violating environmental regulations. If the violating
user has been sued by the EPA, state regulatory agency, or citizens
or citizen groups, and penalties were imposed upon the user from these
actions, the City of Lower Burrell or the Municipal Sanitary Authority
of the City of New Kensington may consider reducing the penalty by
an amount equal to that which the user already paid for the same violation.[2]
(10)
Other relevant factors.
(a)
In order to treat all users fairly and equitably, the City of
Lower Burrell or the Municipal Sanitary Authority of the City of New
Kensington will use its best efforts to assess penalties using a consistent
methodology. Thus, it will avoid allowing one user to realize an economic
benefit from noncompliance which would potentially enable it to gain
an economic advantage over the complying users. By assessing a penalty
based on economic benefit, the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington will strive to eliminate
or remove any financial advantage the violator gains.
(b)
By exercising a consistent penalty methodology, the City of
Lower Burrell or the Municipal Sanitary Authority of the City of New
Kensington ensure that all violators are treated equitably. While
the amount of the penalty will vary from case to case, the methods
used to develop the penalty will be consistent.
C.
EPA policy followed.
(1)
The City of Lower Burrell or the Municipal Sanitary Authority of
the City of New Kensington will take into account the policies of
EPA in setting penalties. EPA defines "significant noncompliance"
in its revisions to the general pretreatment regulations [40 CFR 403.8(f)(2)(vii)]
as violations which meet one or more of the following criteria:
(a)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter.
(b)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit (TRC = 1.4 for BOD, TSS, fats, oil and
grease, and 1.2 for all other pollutants except pH).
(c)
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the City of Lower Burrell or
the Municipal Sanitary Authority of the City of New Kensington determines
has caused, alone or in combination with other dischargers, interferences
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 human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B)
to halt or prevent such a discharge.
(e)
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in a local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance.
(f)
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
(g)
Failure to accurately report noncompliance.
(h)
Any other violation or group of violations which the City of
Lower Burrell or the Municipal Sanitary Authority of the City of New
Kensington determines will adversely affect the operation or implementation
of the local pretreatment program.
(2)
Violation of the pretreatment standards and requirements which constitute
significant noncompliance are considered to be the most serious violation
and require a strong and immediate response. Assessment of civil penalties
may occur for significant noncompliance.
(3)
In addition to assessing appropriate penalties commensurate with
the factors listed above, the City of Lower Burrell or the Municipal
Sanitary Authority of the City of New Kensington shall consider assessing
larger penalties in cases of repeat violations, including all violations
of permit effluent limitations, monitoring and reporting requirements
and other standard and special discharge conditions. This consideration
produces flexibility in assessing penalties for multiple violations.
D.
Criminal penalties. Any person who knowingly 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 pretreatment permit, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required under this article, shall upon conviction, be punished by
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each occurrence shall be a separate offense. This section shall
not preclude prosecution under the Crimes Code.
E.
Remedies cumulative and concurrent. The remedies provided for in
this article are intended to be concurrent and cumulative, and the
provisions of this article, shall not abridge or later any right of
action or remedy, now or hereafter existing in law, or under the common
law or statutory law, criminal or civil, available to the City of
Lower Burrell or the Municipal Sanitary Authority of the City of New
Kensington.
The Industrial Sewer Connection Application is included as an attachment to this chapter.