[Adopted 8-18-2014 by Ord. No. 1848[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. BI, Pretreatment Regulations, adopted 10-11-2004 by Ord. No.
1708.
A.Â
Purpose and policy.
(1)Â
This article sets forth uniform requirements for users of the publicly
owned treatment works for the City of Warren and enables the City
to comply with all applicable state and federal laws, regulations,
and permits, including without limitation, the Federal Clean Water
Act (33 United States Code § 1251 et seq.), the USEPA General
Pretreatment Regulations (40 CFR Part 403,) the Pennsylvania Clean
Streams Law (35 P.S. § 691.1 et seq.), the PADEP Standards
for Dischargers of Industrial Wastes to POTWs (25 Pa. Code § 97.91
et seq.), and the City's NPDES Permit No. 0027120. The objectives
of this article are:
(a)Â
To prevent the introduction of pollutants into the publicly
owned treatment works that will interfere with its operation;
(b)Â
To prevent the introduction of pollutants into the publicly
owned treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(c)Â
To protect both publicly owned treatment works personnel who
may be affected by wastewater and sludge in the course of their employment
and the general public;
(d)Â
To promote reuse and recycling of industrial wastewater and
sludge from the publicly owned treatment works;
(e)Â
To provide for charges and fees for the implementation of the
City's pretreatment program relating to the publicly owned treatment
works; and
(f)Â
To enable the City to comply with its National Pollutant Discharge
Elimination System permit (NPDES permit) No. 0027120 conditions, sludge
use and disposal requirements, and any other federal or state laws
and/or regulations to which the publicly owned treatment works is
subject.
(2)Â
This article shall apply to all users of the publicly owned treatment
works. The article authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of charges and fees for the equitable
distribution of costs relating to the implementation of the pretreatment
program established herein.
B.Â
Administration. Except as otherwise provided herein, the Coordinator
shall administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the Coordinator may be
delegated by the Coordinator to other City personnel.
C.Â
Abbreviations. The following abbreviations, when used in this article,
shall have the designated meanings:
(1)Â
BMP: best management practice.
(2)Â
BMR: baseline monitoring report.
(3)Â
BOD: Biochemical oxygen demand (five-day).
(4)Â
CFR: Code of Federal Regulations.
(5)Â
CIU: categorical industrial user.
(6)Â
City: City of Warren, Warren County, Pennsylvania.
(7)Â
COD: chemical oxygen demand.
(8)Â
DEP or PA DEP: Pennsylvania Department of Environmental Protection.
(9)Â
EPA or USEPA: U.S. Environmental Protection Agency.
(10)Â
gpd: gallons per day.
(11)Â
IU: industrial user.
(12)Â
mg/l: milligrams per liter.
(13)Â
NPDES: National Pollutant Discharge Elimination System.
(14)Â
NSCIU: non-significant categorical industrial user.
(15)Â
POTW: Publicly Owned Treatment Works.
(16)Â
RCRA: Resource Conservation and Recovery Act.
(17)Â
SIC: Standard Industrial Classification.
(18)Â
SIU: significant industrial user.
(19)Â
SNC: significant noncompliance.
(20)Â
Township: Townships of Conewango, Glade and Pleasant, Warren
County, Pennsylvania.
(21)Â
TSS: total suspended solids.
(22)Â
U.S.C.: United States Code.
D.Â
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
(4)Â
(5)Â
BEST MANAGEMENT PRACTICES (BMPs)
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
BIOCHEMICAL OXYGEN DEMAND or BOD
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
CITY
DAILY MAXIMUM
DAILY MAXIMUM LIMIT
DEPARTMENT OF ENVIRONMENTAL PROTECTION or DEP or PADEP
ENVIRONMENTAL PROTECTION AGENCY or EPA or USEPA
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE OR DISCHARGE
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MASS LOADING LIMIT
MEDICAL WASTE
NEW SOURCE
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
(3)Â
(a)Â
[1]Â
[2]Â
(b)Â
NONCONTACT COOLING WATER
PASS THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS or POTW
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)Â
(2)Â
(a)Â
(b)Â
(c)Â
(3)Â
(4)Â
(a)Â
(b)Â
(c)Â
(5)Â
SLUG DISCHARGE
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUPERINTENDENT, COORDINATOR or PRETREATMENT COORDINATOR
SUSPENDED SOLIDS
TOWNSHIPS
USER or INDUSTRIAL USER
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article, shall have the
meanings hereinafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of EPA Region III.
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operation
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsections (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Coordinator.
If an authorization under Subsection (4), above, is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection (4), above, must be submitted to the Coordinator prior to or together with any reports to be signed by an authorized representative.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 380-71 of the Ordinance and 40 CFR § 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. A BMP should include the following elements, to the extent applicable:
There should be specific notice to those users to which the
BMP applies and what is required;
There should be specifications or criteria that any required
control equipment must meet;
There should be specific requirements for or prohibitions on
certain practices, activities and/or discharges to ensure that use
of the BMP is protective;
There should be operation and maintenance requirements specified;
There should be timeframes directing when BMPs must be implemented;
There should be compliance certification, reporting and recordkeeping
requirements;
There should be a provision allowing the City to reopen or revoke
the BMP conditions, including allowing the addition to numerical limits;
and
Such other requirements as the City determines. [See 40 CFR
§ 403.3(e)]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N.
The City of Warren, Warren County, Pennsylvania.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The Pennsylvania Department of Environmental Protection or,
where appropriate, the Regional Water Quality Program Manager, or
other duly authorized official of such department.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Protection Division Director, or other duly authorized
official of such agency.
Any source of discharge that is not a new source.
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
15 minutes or as reasonably determined by the Coordinator.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
The maximum concentration or mass loading limit of a pollutant
allowed to be discharged at any time, determined from the analysis
of any discrete or composited sample collected, independent of the
industrial flow rate and the duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore is a cause of a violation of the City's NPDES
permit, of the Federal Clean Water Act, the Federal Clean Air Act,
the Pennsylvania Clean Streams Law, the Pennsylvania Air Pollution
Control Act, or the regulations applicable to any of the foregoing,
or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent state or local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II, commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
The pounds per day (or other specified intervals) of a particular
pollutant allowed to be discharged to the POTW at any time.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act 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; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharges of
pollutants at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous onsite construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, limited liability company,
limited liability partnership, trust, estate, governmental entity,
or any other legal entity; or their legal representatives, agents,
or assigns. This definition includes all federal, state, and local
governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged soil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 380-71A of this article.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned and/or operated by the
City. This definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation of sewage
or industrial wastes of a liquid nature and any conveyances which
convey wastewater to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTWs operation or
for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with the procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
The City may determine that an industrial user subject to categorical
pretreatment standards is a non-significant categorical industrial
user ("NSCIU") and should not be considered a significant industrial
user on a finding that the industrial user never discharges more than
100 gallons per day (gpd) of total categorical wastewater (excluding
sanitary, noncontact cooling and boiler blowdown wastewater, unless
specifically included in the pretreatment standard) and the following
conditions are met:
The industrial user, prior to the City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required by § 380-71B(13) of this article, together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater [40 CFR § 403.3(v)(2)(i)-(iii)].
Where the City has determined that an industrial user meets
the criteria for classification as a non-significant categorical industrial
user, the City shall evaluate, at least once per year, whether an
industrial user continues to meet the criteria in § 403.3(v)(2)
[40 CFR § 403.8(f)(2)(v)(B)].
Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or a violation of the prohibited discharge standards in § 380-71A of this article, or in any other way violate the POTW's regulations, local limits or permit conditions.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The person designated by the City to supervise the pretreatment
program for the POTW, and who is charged with certain duties and responsibilities
by this article, or a duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
The Townships of Conewango, Glade and Pleasant, Warren County,
Pennsylvania.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
Those portions of the POTW which are designated to provide
treatment of municipal sewage and industrial wastes.
A.Â
Prohibited discharge standards.
(1)Â
General prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass through
or interference. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements.
(2)Â
Specific prohibitions. No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances, or wastewater:
(a)Â
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21; unless explicitly allowable by written authorization,
prohibited materials include, but are not limited to, gasoline, kerosene,
naptha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides and
sulfides.
(b)Â
Wastewater having a pH less than 5.0 or more than 12.5, or as
more stringently designated by the Coordinator for the purpose of
protecting the POTW or otherwise causing corrosive structural damage
to the POTW or equipment.
(c)Â
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference but in no case solids
greater than 1/2 inch in any dimension, animal guts or tissues, paunch
manure, bones, hair, hides or fleshing, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar, asphalt, residues, residues
from refining or processing fuel or lubricating oil, mud, or glass
or stone grinding or polishing wastes.
(d)Â
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW.
(e)Â
Wastewater having a temperature greater than 120° F. (50°
C.), or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.).
(f)Â
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass
through.
(g)Â
Pollutants which, alone or in conjunction with wastes, result
in the presence of flammable, explosive, toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems.
(h)Â
Trucked or hauled pollutants, except at discharge points designated by the Coordinator in accordance with § 380-72D of this article.
(i)Â
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair;
(j)Â
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
(k)Â
Stormwater, surface, water, ground water, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted wastewater,
unless specifically authorized by the Coordinator;
(l)Â
Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(m)Â
Medical wastes, except as specifically authorized by the Coordinator
in a wastewater discharge permit;
(n)Â
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(o)Â
Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW;
(p)Â
Fats, waxes, oils, or greases of animal or vegetable origin
in concentrations greater than 100 mg/l or containing substances which
may solidify or become viscous at temperatures between 32° F.
and 150° F. (0° C. and 65° C.).
(q)Â
Wastewater causing two readings on an explosion hazard meter
at the point of discharge into the POTW, or at any point in the POTW,
of more than 5% or any single reading over 10% of the lower explosive
limit of the meter.
(3)Â
Pollutants, substances, or wastewater prohibited by this section
shall not be processed, handled, stored, or disposed of in such a
manner that they could be discharged to the POTW.
B.Â
National Categorical Pretreatment Standards. The federal categorical
pretreatment standards found at 40 CFR Chapter I, Subchapter N, are
hereby incorporated by reference. No user shall introduce or cause
to be introduced into the POTW any pollutants, substances or wastewater
in violation of any federal categorical pretreatment standard applicable
to such user.
(1)Â
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Coordinator may impose equivalent concentration or mass limits
in accordance with 40 CFR 403.6(c).
(2)Â
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Coordinator
shall impose an alternate limit using the combined wastestream formula
in 40 CFR 403.6(e).
(3)Â
Variance. Pursuant to 40 CFR § 403.13, the USEPA may grant
an industrial user subject to a categorical pretreatment standard
a variance from that categorical pretreatment standard. If USEPA has
granted an industrial user such a variance, the City shall treat that
variance as the categorical pretreatment standard applicable to that
industrial user.
(4)Â
A user may obtain a net/gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
(a)Â
Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the Coordinator. Upon request of the industrial user, the applicable standard may be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of § 380-71B(4)(b) are met.
(b)Â
Criteria.
[1]Â
Either (i) the applicable categorical pretreatment standards
contained in 40 CFR Subchapter N specifically provide that they shall
be applied on a net basis; or (ii) the industrial user demonstrates
that the control system it proposes or uses to meet the applicable
categorical pretreatment standard would, if properly installed and
operated, meet the standards in the absence of pollutants in the intake
waters.
[2]Â
Credit for generic pollutants such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease should not
be granted unless the industrial user demonstrates that the constituents
of the generic measure in the user's influent are substantially similar
to the constituents of the generic measure in the intake water or
unless appropriate additional limits are placed on process water pollutants
either at the outfall or elsewhere.
[3]Â
Credit shall be granted only to the extent necessary to meet
the applicable categorical pretreatment standard(s), up to a maximum
value equal to the influent value. Additional monitoring may be necessary
to determine eligibility for credits and compliance with standard(s)
adjusted under this section.
[4]Â
Credit shall be granted only if the user demonstrates that the
intake water is drawn from the same body of water as that to which
the POTW discharges. The City may waive this requirement if it finds
that no environmental degradation will result.
(5)Â
BMPs. To the extent provided by a categorical pretreatment standard,
the City may allow the use of best management practices as an alternative
means of complying with, or in place of, the applicable categorical
pretreatment standard.
(6)Â
Conversion from mass limits. The City may convert the mass limits of the categorical pretreatment standards at 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions. When converting such limits to concentration limits, the City must use the concentrations listed in the applicable Subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by § 380-71G of this article.
(7)Â
Removal credits. The City may grant removal credits to industrial
users subject to a categorical pretreatment standard in accordance
with 40 CFR § 403.7.
(8)Â
Waiver of monitoring. The City may authorize the industrial user
subject to a categorical pretreatment standard to forego sampling
of a pollutant regulated by a categorical pretreatment standard if
the industrial user has demonstrated through sampling and other technical
factors that the pollutant is neither present nor expected to be present
in the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user. This authorization is subject to the following
conditions:
(a)Â
The City may authorize a waiver where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater;
(b)Â
The monitoring waiver is valid only for the duration of the
effective period of the permit or other equivalent individual control
mechanism, but in no case longer than five years. The industrial user
must submit a new request for the waiver before the waiver can be
granted for each subsequent control mechanism;
(c)Â
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one sampling of the
facility's process wastewater prior to any treatment present at the
facility that is representative of all wastewater from all processes;
(d)Â
The request for a monitoring waiver must be signed by an authorized representative of the user and include the certification statement in § 380-73F of this article;
(e)Â
Nondetectable sample results may only be used as a demonstration
that a pollutant is not present if the EPA-approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis;
(f)Â
Any grant of the monitoring waiver by the City shall be included
as a condition in the industrial user's control mechanism. The reasons
supporting the waiver and any information submitted by the industrial
user in its request for the waiver shall be maintained by the City
for at least three years after expiration of the waiver;
(g)Â
Upon approval of the monitoring waiver and revision of the industrial
user's control mechanism by the City, the industrial user must certify
on each report with the statement, below, that there has been no increase
in the pollutant in its wastestream due to activities of the industrial
user:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the pretreatment standard for 40 CFR
_____ [specify applicable National pretreatment standard part(s)],
I certify that, to the best of my knowledge and belief, there has
been no increase in the level of _____ [list pollutant(s)] in the
wastewaters due to the activities at the facility since filing of
the last periodic report under 40 CFR § 403.12(e)(1).
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(h)Â
In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user's operations, the industrial user must immediately comply with the monitoring requirements of § 380-75D or other more frequent monitoring requirements imposed by the City, and notify the Coordinator; and
(i)Â
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
(9)Â
Conversion of concentration limits. When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the City. The City may establish equivalent mass limits only if the industrial user meets all the conditions in § 380-71B(9)(a)[1] through [5], below.
(a)Â
To be eligible for equivalent mass limits, the industrial user
must:
[1]Â
Employ, or demonstrate that it will employ water conservation
methods and technologies that substantially reduce water use during
the term of its control mechanism;
[2]Â
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard,
and not have used dilution as a substitute for treatment;
[3]Â
Provide sufficient information to establish the facility's actual
average daily flow rate for all wastestreams, based on data from a
continuous effluent flow monitoring device, as well as the facility's
long-term average production rate. Both the actual average daily flow
rate and long-term average production rate must be representative
of current operating conditions;
[4]Â
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge; and
[5]Â
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass limits.
(b)Â
An industrial user subject to equivalent mass limits must:
[1]Â
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
[2]Â
Continue to record the facility's flow rates through the use
of a continuous effluent flow monitoring device;
[3]Â
Continue to record the facility's production rates and notify the Coordinator whenever production rates are expected to vary by more than 20% from its baseline production rates determined in § 380-71B(9)(a)[3], above. Upon notification of a revised production rate, the City must reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
[4]Â
Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to § 380-71B(9)(a)[3], above, so long as it discharges under an equivalent mass limit.
(c)Â
If the City chooses to establish equivalent mass limits:
[1]Â
It must calculate the equivalent mass limit by multiplying the
actual average daily flow rate of the regulated process(es) of the
industrial user by the concentration-based daily maximum and monthly
average standard for the applicable categorical pretreatment standard
and the appropriate unit conversion factor;
[2]Â
Upon notification of a revised production rate, it must reassess
the equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
[3]Â
It may retain the same equivalent mass limit in subsequent control mechanism terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 380-71F of this article. The industrial user must also be in compliance with § 403.17 (regarding the prohibition of bypass).
(d)Â
The City may not express limits in terms of mass for pollutants
such as pH, temperature, radiation, or other pollutants which cannot
appropriately be expressed as mass.
(10)Â
Equivalent limitations. Once included in its permit, the industrial user must comply with the equivalent limitations developed in § 380-71B in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(11)Â
Use of production or flow figures. Many categorical pretreatment
standards specify one limit for calculating maximum daily discharge
limitations and a second limit for calculating maximum monthly average,
or four-day average, limitations. Where such standards are being applied,
the same production or flow figure shall be used in calculating both
the average and the maximum equivalent limitation.
(12)Â
Production changes. Any industrial user operating under a permit
incorporating equivalent mass or concentration limits calculated from
a production-based standard shall notify the Coordinator within two
business days after the user has a reasonable basis to know that the
production level will significantly change within the next calendar
month. Any user not notifying the Coordinator of such anticipated
change will be required to meet the mass or concentration limits in
its permit that were based on the original estimate of the long-term
average production rate.
(13)Â
Annual certification by non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user pursuant to § 380-70D must annually submit the following certification statement, signed by an authorized or duly authorized representative of the user. This certification must accompany any report required by the City:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from _____ _____, to _____, _____ [month,
days, year]:
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(a)
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The facility described as _____ [facility name] met the definition
of a non-significant categorical industrial user as described in § 403.3(v)(2);(b)
the facility complied with all applicable pretreatment standards and
requirements during this reporting period; and (c) the facility never
discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period. This compliance certification
is based upon the following information:
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C.Â
State pretreatment standards. The state standards for dischargers
of industrial wastes to POTWs found at 25 Pa. Code § 97.91,
et seq, are hereby incorporated by reference. No user shall introduce
or cause to be introduced into the POTW any pollutants, substance
or wastewater in violation of any state standard applicable to such
user.
D.Â
Local limits. The City may establish by ordinance, resolution, individual wastewater discharge permits, or otherwise, and review from time to time, local limits regulating the discharge of specific pollutants by users, which local limits may be more stringent than those set forth in Subsections A, B, and/or C above.
(1)Â
Local limits may be established for any substance which is discharged
or is likely to be discharged to the POTW sewer system.
(2)Â
Local limits may limit concentration, mass, or a combination of the
two.
(3)Â
Local limits may be established as deemed necessary by the POTW to
prevent interference, pass through, sludge contamination, violations
of the City's NPDES permit, or otherwise to protect the POTW, human
health and the environment.
(4)Â
Local limits may be included in individual wastewater discharge permits
or otherwise applied to users as deemed appropriate by the City.
(5)Â
The City may develop best management practices (BMPs), by ordinance and with EPA approval, in individual wastewater discharge permits or general permits to implement local limits and the requirements of § 380-71A of this article.
(6)Â
Any discharge by a user of any pollutant in excess of any applicable
local limit constitutes a violation of this article.
E.Â
City's right of revision. The City reserves the right to establish,
by ordinance, resolution, individual wastewater discharge permits,
or otherwise, more stringent standards or requirements on discharges
to the POTW.
F.Â
Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Coordinator may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases when the imposition of mass limitations
is appropriate.
G.Â
Special agreements and waivers.
(1)Â
Waiver of requirements other than the federal and state minimum.
No provisions of this article shall be construed as prohibiting or
preventing any special agreement or arrangement between the City and
any user whereby compatible industrial wastewater discharges of unusual
strength or character may be accepted by the City for treatment, or
whereby the City may otherwise waive or adjust requirements herein,
subject to any City-imposed special conditions and City-imposed capital
and usage charges to the user. However, in no instance shall a waiver
or adjustment be granted by the City which would result in a violation
of any applicable minimum federal or state pretreatment requirement
or standard (e.g., National Categorical Pretreatment Standards). All
waivers granted under this section must be in writing, clearly specifying
the limits of the waiver and the length of time the waiver will be
in effect, and the waiver must be signed by both the City and the
user.
(2)Â
Waiver or adjustment of local limits. The City specifically reserves the right to grant a waiver or adjustment to any user for any specific local limit developed pursuant to § 380-71D above, when it can be demonstrated by the user to the satisfaction of the City that such waiver or adjustment will not result in interference, pass through, a violation of the City's NPDES permit or a violation of this article.
(a)Â
In no case shall any such waiver or adjustment of local limits
allow a user to discharge any pollutant which, in combination with
other users' discharges, would reasonably be expected to exceed the
mass loadings determined by the City as acceptable to the POTW based
upon considerations of, among other things, interference, pass through,
or sludge contamination. The City may consider other factors (e.g.,
effect of the discharge on the POTW's treatment; future expansion;
whether compliance with the limit would result in a removal cost wholly
out of proportion to the environmental benefits achieved) as it deems
appropriate. In no event shall any special agreement allow the actual
total industrial loadings as allocated by individual wastewater discharge
permits to exceed the maximum allowable industrial headworks loadings
for the POTW as approved by the USEPA as part of the City's approved
pretreatment program, if applicable.
(b)Â
The City may require a user requesting such special agreement
waiving or adjusting any such local limit to submit supporting documentation
indicating why the user cannot reasonably expect to meet the local
limits, setting forth an expeditious schedule for obtaining compliance
with such local limits, and such other information as the City may
require. In granting a special agreement the City may impose time
limitations upon any less-stringent requirements and a compliance
schedule for achieving full compliance. In granting any special agreement,
the City may impose any other special conditions deemed necessary
or appropriate by the City.
(c)Â
If granting a special agreement under this section would result
in increased costs to the City (e.g., capital, operations and maintenance,
treatment, and/or sludge disposal costs), the City may condition the
special agreement upon the agreement of the user to pay such costs,
and to provide security adequate in the City's judgment to assure
payment of such costs.
A.Â
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all applicable federal categorical pretreatment standards, state industrial waste discharge standards, local limits, and the prohibitions set out in § 380-71A of this article within the time limitations specified by EPA, the DEP, or the City, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this article.
B.Â
Additional pretreatment measures.
(1)Â
Whenever deemed necessary, the City may require users to restrict
their discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocated and/or consolidate
points of discharge, separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of this article.
(2)Â
The City may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage
and flow-control facility to ensure equalization of flow. An individual
discharge permit may be issued solely for flow equalization.
(3)Â
Grease, oil, and/or sand interceptors, i.e., traps, shall be provided
when, in the opinion of the City, they are necessary for the proper
handling of wastewater containing excessive amounts of grease and
oil, or sand; except that such interceptors shall not be required
for residential users. All interception units shall be of a type and
capacity approved by the City and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the user
at their expense.
(4)Â
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
C.Â
Accidental discharge/slug control plans.
(1)Â
Each user shall provide protection from any discharge, including,
but not limited to, accidental discharges, discharges of non-routine,
episodic nature, a noncustomary batch discharge, or a slug load or
slug, of prohibited wastewater, materials, or other substances regulated
by this article, or that may cause potential problems for the POTW.
Facilities to prevent such discharges shall be provided and maintained
at the user's own cost and expense.
(2)Â
At least once every two years, the Coordinator shall evaluate whether
each significant industrial user needs an accidental discharge/slug
control plan. The Coordinator may require any user to develop, submit
for approval, and implement such a plan. Alternatively, the Coordinator
may develop such a plan for any user. An accidental discharge/slug
control plan shall address, at a minimum, the following:
(a)Â
Description of discharge practices, including non-routine batch
discharges;
(b)Â
Description of stored chemicals;
(c)Â
Procedures for immediately notifying the POTW of any accidental or slug discharge, as required by § 380-75F of this article; and
(d)Â
Procedure to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, work
training, building of containment structures or equipment, flow equalization
measure and/or facilities, measure for containing toxic organic pollutants,
including solvents, and/or measure and equipment for emergency response.
D.Â
Hauled wastewater.
(1)Â
Septic tank waste may be introduced into the POTW only at locations as may be designated by the Coordinator, and at such times as may be established by the Coordinator; provided, however, that nothing herein shall require the City or the POTW to accept any hauled or septic tank waste at any time from any source. Such waste shall not violate § 380-71 of this article or any other requirements established by the City. The Coordinator may require septic tank waste haulers to obtain individual wastewater discharge permits.
(2)Â
The Coordinator shall require haulers of any industrial waste to
obtain individual wastewater discharge permits. The Coordinator may
require generators of hauled industrial waste to obtain wastewater
discharge permits. The Coordinator may also prohibit the disposal
of hauled septic and/or industrial waste. The discharge of hauled
industrial waste is subject to all other requirements of this article.
(3)Â
Industrial waste haulers may discharge loads only at locations designated
by the Coordinator. No load may be discharged without prior consent
of the Coordinator. The Coordinator may collect samples of each hauled
load to ensure compliance with applicable limits and standards. The
Coordinator may require the industrial waste hauler to provide a waste
analysis of any load prior to discharge.
(4)Â
Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristic
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
A.Â
Wastewater analysis. When requested by the City, a user must submit
information on the nature and characteristics of its wastewater within
45 days of the request, or within such other time frame as may be
requested by the City. The Coordinator is authorized to prepare a
form for this purpose and may periodically require users to update
this information.
B.Â
Wastewater discharge permit requirement.
(1)Â
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to § 380-73C of this article may continue to discharge for the time period specified therein.
(2)Â
The City may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this article.
(3)Â
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set forth in §§ 380-79 through 380-81 of this article and any other applicable sanctions under federal and state law. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
C.Â
Wastewater discharge permitting: existing conditions. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 30 days after such date, apply to the Coordinator for a wastewater discharge permit in accordance with § 380-73E of this article, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Coordinator.
D.Â
Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 380-73E of this article, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.
E.Â
Wastewater discharge permit application contents.
(1)Â
All users required to obtain a wastewater discharge permit must submit
a permit application. The Coordinator may require all users to submit
as part of an application the following information:
(a)Â
All information required by § 380-75A(2) of this article;
(b)Â
Description of activities, facilities, and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(c)Â
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(d)Â
Each product produced by type, amount, process or processes,
and rate of production;
(e)Â
Type and amount of raw materials processed (average and maximum
per day);
(f)Â
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
(g)Â
Time and duration of discharges;
(h)Â
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 380-71B(9); and
(i)Â
Any other information as may be deemed necessary by the Coordinator
to evaluate the wastewater discharge permit application.
(2)Â
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
F.Â
Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
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G.Â
Wastewater discharge permit decisions. The Coordinator will evaluate
the data furnished by the user and may require additional information.
Within 60 days of receipt of a complete wastewater discharge permit
application, the Coordinator will determine whether or not to issue
a wastewater discharge permit. The Coordinator may deny any application
for a wastewater discharge permit.
A.Â
Wastewater discharge permit duration. A wastewater discharge permit
shall be issued for a specified time period, not to exceed five years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period less than five years, at the discretion
of the Coordinator. Each wastewater discharge permit will indicate
a specific date upon which it will expire.
B.Â
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the Coordinator to prevent pass through or interference, protect the
quality of the water body receiving the treatment plant's effluent,
protect worker health and safety, facilitate sludge management and
disposal, and protect against damage to the POTW.
(1)Â
Wastewater discharge permits must contain:
(a)Â
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(b)Â
A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with § 380-74E of this article, and provisions for furnishing the new owner or operator or user with a copy of the existing wastewater discharge permit;
(c)Â
Effluent limits, including best management practices, based
on applicable pretreatment standards;
(d)Â
Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state and local law; and
(e)Â
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law;
(f)Â
The process for seeking waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 380-71B(8);
(g)Â
Requirements to control slug discharge, if determined by the
Coordinator to be necessary; and
(h)Â
Any grant of the monitoring waiver by the City must be included
as a condition in the user's permit.
(2)Â
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(a)Â
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(b)Â
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate contaminant devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works;
(c)Â
Requirements for the development and implementation of spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(d)Â
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(e)Â
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(f)Â
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(g)Â
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(h)Â
Other conditions as deemed appropriate by the Coordinator to
ensure compliance with this article, and all applicable state and
federal laws, rules, and regulations.
C.Â
Wastewater discharge permit appeals. The Coordinator shall provide
public notice of the issuance, re-issuance, modification, transfer,
suspension, revocation, or denial of any of the foregoing, with respect
to any individual of a wastewater discharge permit. Any person including
the user, may administratively petition the City's Director of Public
Works to reconsider such a wastewater discharge permit determination
within 30 days of notice of its issuance.
(1)Â
Failure to submit to the Director of Public Works a written timely
administrative petition for reconsideration shall be deemed to be
a waiver of the administrative appeal.
(2)Â
In its petition, the appealing party must indicate the wastewater
discharge permit determination provisions objected to, the reasons
for this objection, and the alternative conditions or provisions,
if any, it seeks to place in the wastewater discharge permit.
(3)Â
The effectiveness of the wastewater discharge permit determination
shall not be stayed pending the appeal.
(4)Â
If the Director of Public Works fails to act within 60 days, the
administrative petition for reconsideration shall be deemed to be
denied. Decisions not to reconsider a wastewater discharge permit
determination as referenced above shall be considered final administrative
actions for purposes of subsequent judicial review.
(5)Â
Aggrieved parties seeking judicial review of any final administrative
wastewater discharge permit decision (including without limitation
any permit issuance, modification, transfer, suspension, revocation,
or denial of any of the foregoing) by the Director of Public Works
must appeal such action within 30 days to the Court of the Common
Pleas of Warren County, Pennsylvania.
(6)Â
Any action of the City for which review has been otherwise available
hereunder shall not be subject to administrative or judicial review
in any civil or criminal proceedings for enforcement.
D.Â
Wastewater discharge permit modification. The Coordinator, unilaterally
or upon application, may modify a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
(1)Â
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)Â
To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance;
(3)Â
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)Â
Information indicating that the permitted discharge poses a threat
to the City's POTW, City personnel, or the receiving waters;
(5)Â
Violation of any terms or conditions of the wastewater discharge
permit;
(6)Â
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)Â
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)Â
To correct typographical or other errors in the wastewater discharge
permit; or
E.Â
Wastewater discharge permit transfer.
(1)Â
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 60 days' advance notice
to the Coordinator and the Coordinator approves the wastewater discharge
permit transfer. The notice to the Coordinator must include a written
certification by the new owner or operator or user which:
(a)Â
States that the new owner and/or operator and/or user has no
immediate intent to change the facilities operations and processes;
(b)Â
Identifies the specific date on which the transfer is to occur;
and
(c)Â
Assumes and acknowledges full responsibility and liability for
complying with the existing wastewater discharge permit.
(2)Â
Failure to provide advance notice of a transfer and to obtain prior
approval of such transfer renders the wastewater discharge permit
void as of the date of the facility transfer.
F.Â
Wastewater discharge permit revocation.
(1)Â
The Coordinator may revoke a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
(a)Â
Failure to notify the Coordinator of significant changes to
the wastewater prior to the changed discharge;
(b)Â
Failure to provide prior notification to the Coordinator of changed conditions pursuant to § 380-75E of this article;
(c)Â
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(d)Â
Falsifying self-monitoring reports or otherwise creating, maintaining
and/or providing inaccurate or false information, data, documents,
and/or reports with respect to the user's discharge or any other information
or documentation required to be maintained or provided under this
article, the user's permit, wastewater discharge, or applicable federal
and state pretreatment laws and regulations;
(e)Â
Tampering with monitoring equipment;
(f)Â
Refusing to allow the Coordinator timely access to the facility
premises and records;
(g)Â
Failure to meet effluent limitations;
(h)Â
Failure to pay fines and/or penalties;
(i)Â
Failure to pay sewer charges;
(j)Â
Failure to meet compliance schedules;
(k)Â
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(l)Â
Failure to provide advance notice of the transfer of business
ownership of a permitted facility;
(m)Â
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this article; or
(n)Â
Failure to provide any or sufficient labor, material, equipment,
technical resources, documents and information as may be requested
by the City to properly implement applicable requirements of the wastewater
discharge permit or this article.
(2)Â
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
G.Â
Wastewater discharge permit reissuance. A user with an expiring wastewater
discharge permit shall apply for wastewater discharge permit reissuance
by submitting a complete permit application, in accordance with § 580-73E
of this article, a minimum of 60 days prior to the expiration of the
user's existing wastewater discharge permit.
H.Â
Regulation of waste received from other jurisdictions.
(1)Â
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the City shall enter into an interjurisdiction
agreement with the contributing municipality.
(2)Â
Prior to entering into an agreement required by Subsection H(1), above, the City shall request the following information from the contributing municipality:
(3)Â
An intermunicipal agreement, as required by Subsection H(1), above, shall contain the following conditions:
(a)Â
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in § 380-71D of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits;
(b)Â
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
(c)Â
A provision that the contributing municipality shall designate
the City's employees and agents as representatives of the contributing
municipality with the same authority as employees or agents of the
contributing municipality for the purposes of administration, implementation,
and enforcement of the pretreatment program; including wastewater
discharge permit issuance; inspection and sampling, and enforcement.
(d)Â
A requirement for the contributing municipality to provide the
Coordinator with access to all information and documentation that
the contributing municipality may obtain as part of its pretreatment
activities;
(e)Â
Limits on the nature, quality and volume of the contributing
municipality's wastewater at the point(s) where it discharges to the
POTW;
(f)Â
Requirements for monitoring the contributing municipality's
discharge;
(g)Â
A provision ensuring the Coordinator access to the facilities
of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the Coordinator; and
(h)Â
A provision specifying remedies available for breach of the
terms of the intermunicipal agreement.
A.Â
Baseline monitoring reports.
(1)Â
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Coordinator a report which contains the information listed in Subsection A(2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Coordinator a report which contains the information listed in Subsection A(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. The requirements of this § 380-75A(1) apply to all categorical industrial users, even if they have been designated as non-significant industrial users.
(2)Â
Users described above shall submit the information set forth below.
(a)Â
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)Â
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)Â
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(d)Â
Flow measurement. Information showing the measured average daily
flow, in gallons per day, to the POTW from regulated process streams
and other streams, as necessary, to allow use of the combined wastestream
formula set out in 40 CFR 403.6(e).
(e)Â
Measurement of pollutants.
[1]Â
The categorical pretreatment standards applicable to each regulated
process.
[2]Â
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Coordinator, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 380-75J of this article.
[3]Â
Sampling must be performed in accordance with procedures set out in § 380-75K of this article.
[4]Â
In cases where the standard requires compliance with a best
management practice or pollution prevention alternative, the user
shall submit documentation as required by the Coordinator or the applicable
standards to determine compliance with the standard [40 CFR § 403.12(e)(1)].
[5]Â
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula in 40 CFR § 403.6(e) to evaluate
compliance with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR § 403.6(e),
this adjusted limit along with supporting data shall be submitted
to the Coordinator.
(f)Â
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(g)Â
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 380-75B of this article.
B.Â
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 380-75A(2)(g) of this article.
(1)Â
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)Â
No increment referred to above shall exceed nine months;
(3)Â
The user shall submit a progress report to the Coordinator no later
than 14 days following each date in the schedule and the final date
of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and if appropriate,
the steps being taken by the user to return to the established schedule;
and
(4)Â
In no event shall more than nine months elapse between such progress
reports to the Coordinator.
C.Â
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Coordinator a report containing the information described in § 380-75A(2)(d) through (f) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 380-71B, this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 380-73F of this article.
D.Â
Periodic compliance reports.
(1)Â
All significant industrial users shall, at a frequency determined by the Coordinator but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Coordinator or the Pretreatment Standard necessary to determine compliance standard of the user. All periodic compliance reports must be signed and certified in accordance with § 380-73F of this article.
(2)Â
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
(3)Â
If a user subject to the reporting requirement in this section, or otherwise designated as a non-significant categorical industrial user, monitors any pollutant more frequently than required by the Coordinator, using the procedures prescribed in § 380-75K of this article, the results of this monitoring shall be included in the report.
(4)Â
The City may sample and analyze user discharges in lieu of and/or
in addition to requiring users to conduct the sampling and analysis
set forth above.
(5)Â
The Coordinator may reduce the requirement in § 380-75D(1), above, to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the Coordinator, where the user subject to a categorical pretreatment standard meets all of the following conditions:
(a)Â
The user's total categorical wastewater flow does not exceed
any of the following:
[1]Â
0.01% the design dry weather hydraulic capacity of the POTW,
or 5,000 gallons per day, whichever is smaller, as measured by a continuous
effluent flow monitoring device unless the user discharges in batches;
[2]Â
0.01% of the design dry weather organic treatment capacity of
the POTW; and
[3]Â
0.01% of the maximum allowable headworks loading for any pollutant
regulated by the applicable categorical pretreatment standard for
which approved local limits were developed by a POTW.
(b)Â
The user has not been in significant noncompliance, as defined in § 380-78 of this article, for any time in the past two years;
(c)Â
The user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this user would result in data that are not representative of conditions occurring during the reporting period pursuant to Subsection D(2) of this section;
(d)Â
The user must notify the Coordinator immediately of any changes at its facility causing it to no longer meet conditions of § 380-75D(5)(a) or (b), above. Upon notification, the industrial user must immediately begin complying with the minimum reporting in § 380-75A(1), above; and
(e)Â
The City must retain documentation to support the Coordinator's
determination that a specific user qualifies for reduced reporting
requirements under this section for a period of at least three years
after the expiration of the term of the control mechanism.
(6)Â
Individual wastewater discharge permits as issued by the City may
require more frequent monitoring and compliance reporting than the
above.
E.Â
Reports of changed conditions. Each user must notify the Coordinator
of any planned significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 30 days before the change.
(1)Â
The Coordinator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 380-73E of this article.
(3)Â
For purposes of this requirement, significant changes include, but
are not limited to, flow increases over the daily flow measurements
reported by the user in its baseline monitoring report of 20% or greater,
and the discharge of any previously unreported pollutants.
F.Â
Reports of potential problems.
(1)Â
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a noncustomary
batch discharge, or a slug load or slug, that may cause potential
problems for the POTW, the user shall immediately (and in no event
more than within 16 hours thereafter) telephone and notify the Coordinator
of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and
the corrective actions taken by the user.
(2)Â
Within five days following such discharge, the user shall submit a detailed written report, signed and certified in accordance with § 380-73F of this article, describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article or any other applicable law.
(3)Â
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1), above. Users shall ensure that all of their employees, who may cause, contribute to, or witness the occurrence of such a discharge, are advised of the emergency notification procedures.
G.Â
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Coordinator as the Coordinator may require.
H.Â
Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Coordinator
within 16 hours and in writing within five days of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Coordinator within
30 days after becoming aware of the violation. The user is not required
to resample if the Coordinator monitors at the user's facility at
least once a month, or if the Coordinator samples between the user's
initial sampling and when the user receives the results of this sampling,
or if the Coordinator has performed the sampling and analysis in lieu
of the industrial user.
I.Â
Notification of the discharge of hazardous waste.
(1)Â
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the state hazardous waste authorities, in writing, of any such discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents in the wastestream discharge during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place not later than 180 days after the discharge commences. Any notification under this Subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 380-75E of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 380-75A, C, and D of this article.
(2)Â
Dischargers are exempt from the requirements of Subsection I(1), above, 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 § 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR § 261.30(d) and § 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)Â
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
characteristics of hazardous waste or listing any additional substance
as a hazardous waste, the user must notify the Coordinator, the EPA
Regional Waste Management Waste Division Director, and the state hazardous
waste authorities of the discharge of such substance within 90 days
of the effective date of such regulations.
(4)Â
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)Â
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, and/or any applicable federal or state law.
(6)Â
No substance which, if otherwise disposed of, would be hazardous
waste, under 40 CFR Part 261, shall be discharged to the POTW by any
user unless specifically approved by the Coordinator.
J.Â
Analytical requirements. All pollutants analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA and/or DEP.
K.Â
Sample collection.
(1)Â
Except as indicated in Subsection K(2) and (3), below, or otherwise in this article or an industrial wastewater discharge permit, the user must collect wastewater samples using twenty-four-hour flow-proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the Coordinator. Where grab sampling is authorized by the Coordinator, the samples must be representative of the discharge and include a minimum of four grab samples per twenty-four-hour period. 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 Coordinator, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)Â
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection.
(3)Â
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 380-75 A and C of this article [40 CFR § 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Coordinator may authorize a lower minimum. For the reports required by § 380-75D of this article [40 CFR §§ 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements, or the number of grab samples required by its user permit, whichever is greater.
(4)Â
In addition, the City expressly reserves the right to construct,
install, operate and/or maintain off-site sampling and flow monitoring
stations with respect to any user, and in such a manner that samples
and data collected will be representative of the respective user's
discharge. In the event of discrepancies, the data collected from
the City's off-site station shall take precedence over the data collected
from the user's on-site station.
L.Â
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
M.Â
Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 380-71D(5). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Coordinator.
A.Â
Right of entry: inspection and sampling. The Coordinator or its designees
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this article
and any wastewater discharge permit or order issued hereunder. Users
shall allow the Coordinator ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(1)Â
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Coordinator will
be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)Â
The Coordinator shall have the right to set up on or off the user's
property, and/or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations and discharge.
(3)Â
The Coordinator may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated semiannually or at the frequency
recommended by the manufacturer, whichever is more frequent, or otherwise
as required by the Coordinator to ensure their accuracy.
(4)Â
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Coordinator and
shall not be replaced. The costs of clearing such access shall be
born by the user.
(5)Â
Unreasonable delays in allowing the Coordinator access to the user's
premises shall be a violation of this article.
B.Â
Search warrants. If the Coordinator has been refused access to a
building, structure, or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program of the City designed
to verify compliance with this article or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare
of the community, then the Coordinator may seek issuance of a search
warrant from the District Justice and/or the Court of Common Pleas
of Warren County.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the Coordinator's inspection and
sampling activities, shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Coordinator, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state or federal law.
Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made available immediately upon request of governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR § 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
The Coordinator shall publish annually, in the largest daily
newspaper published in the municipality where the POTW is located,
a list of the users which, during the previous 12 months, were in
significant noncompliance with applicable pretreatment standard and
requirements. The term "significant noncompliance" shall be applicable
to all significant industrial users (or any industrial user which
violates Subsections C, D, or H below) and shall mean:
A.Â
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken for each pollutant parameter during a six-month period exceed a numeric pretreatment standard or requirement, including daily maximum concentration limits, as defined in § 380-71;
B.Â
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the numeric pretreatment standard or requirement, including daily
maximum limit multiplied by the applicable criteria (1.4 for BOD,
TSS, fats, oils and grease, and 1.2 for all other pollutants except
pH);
C.Â
Any other discharge violation of a pretreatment standard or requirement incorporated or established under § 380-71 of this article (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Coordinator believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
D.Â
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Coordinator's
exercise of its emergency authority to halt or prevent such a discharge;
E.Â
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.Â
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.Â
Failure to accurately report noncompliance; or
H.Â
Any other violation(s) or group of violations, which may include
a violation of best management practices, which the Coordinator determines
will adversely affect the operation or implementation of the local
pretreatment program.
A.Â
Notice of violation. When the Coordinator finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Coordinator may serve upon that user
a written notice of violation. Within a maximum of 30 days of the
receipt of such notice, an explanation of the violation and a plan
for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the user to the Coordinator.
Submission of this plan in no way relieves the user of liability for
any violations occurring before or after receipt of the notice of
violation. Nothing in this section shall limit the authority of the
Coordinator to take any action, including emergency actions or any
other enforcement action, without first issuing a notice of violation.
B.Â
Consent orders. The City may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 380-79D and E of this article and shall be judicially enforceable.
C.Â
Show-cause hearing. The Coordinator may order a user which has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before the City Public Works Director
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days prior to the hearing. Such notice may be served on
any authorized representative of the user. A show-cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
D.Â
Compliance orders. When the Coordinator finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Coordinator may issue an order to the
user responsible for the discharge directing that the user come into
compliance within a specified time. If the user does not come into
compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices, or other related appurtenances
are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for pretreatment
standards or requirements, nor does a compliance order relieve the
user of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
E.Â
Cease-and-desist orders.
(1)Â
When the Coordinator finds that a user has violated, or continues
to violate, any provision of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely to recur,
the Coordinator may issue an order to the user directing it to cease
and desist all such violations and directing the user to:
(2)Â
Issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
F.Â
Administrative civil penalties.
(1)Â
When the City finds that a user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
the City may assess a civil penalty against such user in an amount
not to exceed $25,000 per day for each violation. Each violation for
each separate day shall constitute a separate and distinct offense.
In the case of monthly or other long-term average discharge limits,
civil penalties may be assessed for each day during the period of
violation.
(2)Â
The procedures for assessing and appealing such administrative civil
penalties, and the relevant factors to be considered in assessing
such penalties, shall be as set forth in the City of Warren Civil
Penalty Assessment Policy attached hereto as Appendix A and incorporated
herein by reference.[1]
[1]
Editor's Note: Said Appendix A is included as an attachment to this chapter.
(3)Â
In addition to the civil penalties provided herein, the City may
recover interest, damages, reasonable attorney's fees, expert witness
fees, administrative or show-clause proceedings costs and/or court
costs, court reporter fees and other administrative enforcement, proceedings,
and/or litigation expenses against the person or user found to be
in violation of this article.
(4)Â
Assessment of an administrative civil penalty hereunder shall not
be a bar against, or a prerequisite for, taking any other action against
the user.
G.Â
Emergency suspensions.
(1)Â
The Coordinator may immediately suspend a user's discharge, after
informal notice to the user, whenever such suspension is necessary
in the opinion of the Coordinator to stop an actual or threatened
discharge which presents or causes, or may present or cause, an imminent
or substantial endangerment to the health or welfare of persons, which
threatens or causes interference or pass through or sludge contamination
with respect to the POTW, which threatens or causes the POTW to violate
any term or condition of its NPDES permit, or which presents or causes,
or may present or cause, an endangerment to the environment.
(a)Â
Any person or user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Coordinator may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Coordinator that the period of endangerment has passed, unless the termination proceedings in § 380-79H of this article are initiated against the user.
(b)Â
A user that is responsible, in whole or in part, for any discharge presenting such endangerment shall submit a detailed written statement, signed and certified in accordance with § 380-73F of this article, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Coordinator within five days of said discharge.
(2)Â
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
H.Â
Termination of discharge.
(1)Â
In addition to the provisions in § 380-74F of this article, any user who violates the following conditions may be subject to discharge termination:
(a)Â
Violation of wastewater discharge permit conditions;
(b)Â
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)Â
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge.
(d)Â
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
(2)Â
Such user will be notified of the proposed termination of its discharge
and be offered an opportunity to explain why the proposed action should
not be taken. Exercise of this option by the Coordinator shall not
be a bar to, or a prerequisite for, taking any other action against
the user.
A.Â
Injunctive relief. When the Coordinator finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Coordinator may seek the issuance of
a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this article on activities
of the user. The Coordinator may also seek such other action as is
appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental abatement, remediation, and/or
corrective action. A petition for injunctive relief shall not be a
bar against, or a prerequisite for, taking any other action against
a user.
B.Â
Judicially imposed civil penalties.
(1)Â
A user who has violated, or continues to violate, any provision of
this article, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, shall be liable
to the City for a maximum civil penalty of $25,000 per day per violation.
Each violation for each separate day shall constitute a separate and
distinct offense under this subsection. In the case of a monthly or
other long-term average discharge limit, penalties may accrue for
each day during the period of the violation.
(2)Â
In addition to the civil penalties provided herein, the City may
recover interest, damages, reasonable attorney's fees, expert witness
fees, administrative or show-cause proceedings costs and/or court
costs, court reporter fees and other expenses associated with enforcement
activities, including monitoring expenses, proceedings, and/or litigation
expenses against the person or user found to be in violation of this
article together with the cost of any actual damage incurred by the
City.
(3)Â
In determining the amount of the civil penalty liability, the Court
shall take into account all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the magnitude
and duration of the violation, any economic benefit gained through
the user's violation, corrective actions by the user, the compliance
history of the user, and any other factors as justice requires, expressly
including the factors set forth in the City of Warren Civil Penalty
Assessment Policy attached hereto as Appendix A.[1]
[1]
Editor's Note: Said Appendix A is included as an attachment to this chapter.
(4)Â
Filing a suit for judicially imposed civil penalties hereunder shall
not be a bar against, or a prerequisite for, taking any other action
against a user.
C.Â
Criminal prosecution.
(1)Â
A user who willfully or negligently violates any provision of this
article, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction,
be guilty of a criminal offense, punishable by a fine of not more
than $25,000 per violation, per day, or imprisonment for not more
than 30 days, or both.
(2)Â
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage shall, upon
conviction, be guilty of criminal offense and be subject to a penalty
of not more than $25,000, or be subject to imprisonment for not more
than 30 days, or both. This penalty shall be in addition to any other
cause of action for personal injury or property damage available under
state law.
(3)Â
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
documentation file, required to be maintained, pursuant to this article,
wastewater discharge permit, or order issued hereunder, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this article shall, upon conviction, be guilty
of a criminal offense, punishable by a fine or not more than $25,000
per violation, per day, or imprisonment for not more than 30 days,
or both.
D.Â
Remedies nonexclusive. The remedies provided for in this article
are not exclusive. The Coordinator may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the City's enforcement
response plan. However, the Coordinator may take other action against
any user when the circumstances warrant. Further, the Coordinator
is empowered to take more than one enforcement action against any
noncompliant user.
A.Â
Performance bonds. The Coordinator may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the City, in a sum not to exceed a value determined by
the Coordinator to be necessary to achieve consistent compliance.
B.Â
Liability insurance. The Coordinator may decline to issue or reissue
a wastewater discharge permit to any user, including without limitation
any user who has failed to comply with any provision of this article,
a previous wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, unless the user
first submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.
C.Â
Water supply severance. Whenever a user has violated or continues
to violate any provision of this article, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed, in accordance with applicable
law. Service will only recommence, at the user's expense, after it
has satisfactorily demonstrated its ability to comply.
D.Â
Public nuisances. A violation of any provision of this article, a
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the Coordinator. Any
person(s) creating a public nuisance shall be subject to the provisions
of applicable law governing such nuisances, including reimbursing
the City for any costs incurred in removing, abating, or remedying
said nuisance.
A.Â
Upset.
(1)Â
For the purposes of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
(2)Â
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3), below, are met.
(3)Â
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(a)Â
An upset occurred and the user can identify the cause(s) of
the upset;
(b)Â
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
(c)Â
The user has submitted the following information to the Coordinator
within 24 hours of becoming aware of the upset. If this information
is initially provided orally, a written submission must be provided
within five days of becoming aware of such upset:
[1]Â
A description of the indirect discharge and cause of noncompliance;
[2]Â
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
[3]Â
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(4)Â
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(5)Â
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)Â
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost,
or fails.
B.Â
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 380-71A(1) of this article or the specific prohibitions in § 380-71A(2)(i) through (q) of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1)Â
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass
through or interference; or
(2)Â
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
City was regularly in compliance with its NPDES permit, and in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
C.Â
Bypass.
(1)Â
For the purpose of this section:
(a)Â
"Bypass" means the intentional diversion of wastestreams from
any portion of a user's treatment facility.
(b)Â
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
(3)Â
If a user knows in advance of the need for a bypass, it shall submit
prior notice to the Coordinator, at least 10 days before the date
of the bypass, if possible.
(a)Â
A user shall submit oral notice to the Coordinator of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours
from the time it becomes aware of the bypass. A written submission
shall also be provided within five days of the time the user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times, and if bypass has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the bypass.
(4)Â
Exceptions.
(a)Â
Bypass is prohibited, and the Coordinator may take an enforcement
action against a user for a bypass, unless:
[1]Â
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
[2]Â
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
A.Â
The City may adopt reasonable fees for reimbursement of costs of
setting up, operating and implementing the City's pretreatment program
which may include:
(1)Â
Fees for wastewater discharge permit applications including the costs
of processing such applications;
(2)Â
Fees for monitoring, inspection and surveillance procedures including
the cost of collection and analyzing a user's discharge, and reviewing
monitoring reports submitted by users;
(3)Â
Fees for reviewing and responding to accidental discharge procedures
and construction;
(4)Â
Fees for filing appeals; and
(5)Â
Other fees as the City may deem necessary to carry out the requirements
contained herein.
B.Â
These charges and fees relate solely to the matters covered by this
article and are separate from all other fees, fines, and penalties
chargeable by the City.