1.
Industrial Users and Significant Industrial Users. All industrial
users, including significant industrial users, proposing to connect
to or discharge to the sewer system are required to comply with all
other provisions of this Part and ordinances, rules, and other requirements
of the sewage treatment plant operator. If required by the sewage
treatment plant operator, such users shall obtain a wastewater discharge
permit from the sewage treatment plant operator before connecting
to or discharging to the sewer system.
2.
Permit Applications. Industrial users and significant industrial
users required to obtain a wastewater discharge permit from the sewage
treatment plant operator shall file a copy of their application with
the Township concurrently with their filing with the sewage treatment
plant operator.
3.
Confidentiality of Applications.
A.
If information regarding raw materials, processes, production rate
or other manufacturing information is regarded as confidential by
the industrial user, each page of such confidential information shall
be marked "Confidential" on the application form.
B.
Confidentiality shall not apply to information regarding the flow
of or the constituents in the industrial wastewater discharge.
4.
Permit Conditions. Industrial users and significant industrial users
required to obtain a wastewater discharge permit from the sewage treatment
plant operator shall be expressly subject to all provisions of said
permit and all applicable ordinances and regulations, charges and
fees established by the sewage treatment plant operator.
5.
Permit Transfer. Wastewater discharge permits issued to a specific
significant industrial user for a specific operation shall not be
reassigned or transferred or sold to a new owner, new user, different
premises, or a new or changed operation without the approval of the
sewage treatment plant operator.
1.
Compliance Schedule. If a compliance schedule is required to be contained
in or included with the application for a wastewater discharge permit,
or if required by the sewage treatment plant operator under any other
circumstances, a copy of the compliance schedule shall be concurrently
filed with the Township.
2.
Compliance Schedule Reports. If an industrial user or significant
industrial user is required to obtain a wastewater discharge permit
from the sewage treatment plant operator and the user is required
to submit to the sewage treatment plant operator periodic compliance
schedule reports, a copy shall be concurrently filed with the Township.
1.
Monitoring Facilities Location. The Township or sewage treatment
plant operator may require an industrial user or significant industrial
user to provide and operate, at the user's own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of
the discharge from the user. The monitoring facility should normally
be situated on the industrial user's or significant industrial
user's premises, but the Township may, when such a location would
be impractical or cause undue hardship on the user, allow the facility
to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
2.
Monitoring Facilities Construction and Maintenance. Whether constructed
on public or private property, the monitoring facilities shall be
provided in accordance with the Township's requirements and all
applicable local construction standards and specifications. There
shall be ample room in or near the monitoring facility to allow accurate
sampling and preparation of samples for transport. The monitoring
facility shall be maintained at all times in a safe and proper operating
condition at the expense of the industrial user or significant industrial
user.
3.
Detailed Plans. Detailed plans showing the intended facilities shall
be submitted to the Township and sewage treatment plant operator for
review concurrently with a submission to the Township for a building
permit and shall be acceptable to the Township and sewage treatment
plant operator before construction of the facility. The Township and
sewage treatment plant operator shall notify the user, in writing,
when the detailed plans are acceptable for construction. Approval
of the detailed plans does not relieve the industrial user or significant
industrial user of responsibility to make modifications or alterations
should such be necessary.
4.
Sampling and Analysis. All sampling and analysis performed in compliance
with wastewater discharge permit conditions or to prepare the reports
required by the sewage treatment plant operator shall be accomplished
using techniques specified in 40 CFR, Part 136, or alternative procedures
approved by the Administrator, or using procedures described in Standard
Methods if no EPA-approved procedure exists. Unless otherwise required,
all sampling should be performed during a normal production day and
should reflect the usual and typical wastewater discharge of the user.
5.
Report and Resampling of Discharge Limit Violations.
A.
If an industrial user or significant industrial user becomes aware
that a violation of discharge limits has occurred, the significant
industrial user shall notify the Township of this fact within 24 hours
of becoming aware of this violation. This requirement does not relieve
the user of complying with all reporting requirements of the sewage
treatment plant operator.
B.
If the industrial user or significant industrial user is required
to sample and analyze its discharge(s) following a violation and report
the results of the resampling and analysis to the sewage treatment
plant operator, a copy shall be concurrently filed with the Township.
C.
Each industrial user or significant industrial user shall have a
duty, on receipt of validly obtained sampling and analysis results,
to inspect the results and determine if any wastewater discharge permit
condition has been violated. Failure to examine and compare testing
results with wastewater discharge permit conditions shall not be a
valid defense for failure to comply with these reporting conditions.
1.
Baseline Monitoring Reports.
A.
As soon as possible following the promulgation of a categorical standard,
the industrial user subject to such standard shall comply with such
categorical standard within the time frame prescribed by the categorical
standard.
B.
Where an industrial user subject to a newly promulgated categorical standard has not previously submitted an application for a wastewater discharge permit as required by § 18-111 of this Part, the industrial user shall, within the time period required by the sewage treatment plant operator:
C.
An industrial user with an existing wastewater discharge permit shall
submit to the sewage treatment plant operator, with a copy to the
Township, within the time period required by the sewage treatment
plant operator, the information required by 40 CFR 403.12(b).
D.
A new source or an industrial user that becomes a categorical industrial
user through a change in facilities or processes shall submit a report
containing the information required by 40 CFR 403.12(b) to the sewage
treatment plant operator, with a copy to the Township, within the
time period required by the sewage treatment plant operator.
2.
Categorical Compliance Report. Within the time period required by
the sewage treatment plant operator, any industrial user subject to
categorical standards shall submit to the sewage treatment plant operator
and the Township a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by categorical standards and the average and maximum daily
flow for those process units in the industrial user's facility
which are limited by such categorical standards. The report shall
certify that the information contained therein concerning wastewater
constituents and flows is representative of discharges during normal
work cycles. The report shall also state whether the applicable categorical
standards are being met on a consistent basis and, if not, what additional
operation and management practices and/or pretreatment is necessary
to bring the industrial user into compliance with the applicable categorical
standards, including a schedule for completion of the required actions
in the form required by sewage treatment plant operator. Such a schedule
shall not have a compliance date later than that established for the
applicable categorical standard. This statement shall be signed by
an authorized representative of the industrial user and certified
to by a certified professional.
3.
Periodic Compliance Reports.
A.
All significant industrial users shall report to the sewage treatment
plant operator when required by the operator, the date of the report
to be as determined by the sewage treatment plant operator and contained
in the wastewater discharge permit.
B.
The reports required under this section shall contain such information
as required by the sewage treatment plant operator and be authenticated
and certified in the manner prescribed by said operator.
1.
Availability of Information. Information and data on an industrial
user obtained from reports, questionnaires, wastewater discharges,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the industrial user specifically requests and is
able to demonstrate to the satisfaction of the Township that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the industrial
user. When requested by the person furnishing a report, and supported
by evidence acceptable to the Township as to the need for protection
of confidential material, the portion of the report that might disclose
trade secrets or secret processes shall not be made available for
inspection by the public but shall nevertheless be made available
upon written request to governmental agencies for uses related to
all Township ordinances, any applicable NPDES permit, any state disposal
system permit and/or the programs under applicable categorical standards
or for use by the sewage treatment plant operator, any state, the
United States, or any state or federal agency in judicial review or
enforcement proceedings involving the industrial user or the person
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
2.
Industrial User Notification. Before information accepted by the
Township as confidential is transmitted to any governmental agency
by the Township, a notification to the industrial user shall be provided
listing the confidential information to be transmitted and the governmental
entity requesting such information.
3.
Storage of Records. The Township shall maintain a secure place to
store records containing confidential information and shall ensure
that all records marked as confidential are kept secure from casual
or public scrutiny.
A.
The Township shall keep and maintain all records relating to the
administration and enforcement of the industrial pretreatment requirements,
including, but not limited to, wastewater discharge permit applications,
investigations and calculations, wastewater discharge permits, inspection
reports, industrial user reports, sampling results and enforcement
activities, for a minimum of three years. In cases of ongoing litigation,
records shall be maintained as long as they may be required.
B.
All industrial users shall keep and maintain records of monitoring
activities and results, wastewater discharge permits, and reports
to the Township for a minimum of three years. This period shall be
automatically extended for the duration of any litigation concerning
compliance with ordinances or rules of the sewage treatment plant
or where the industrial users have been notified of a longer retention
period by the Township.
1.
It shall be unlawful for any party to discharge into the sewage system
operated by the Township any waste or materials which are in violation
of federal law or Environmental Protection Agency regulations, promulgated
as of now or in the future, including federal pretreatment standards.
2.
Discharge of Stormwater. No person shall discharge or cause or permit
to be discharged any stormwater, surface water, groundwater, roof
water, subsurface drainage, or building foundation drainage into any
sanitary sewer.
3.
Storm Sewers. No person shall, at any time, discharge any wastewater,
sanitary sewage or industrial waste into any storm sewer in the sewered
area; nor shall any person construct or utilize existing private storm
sewers for such purposes.
4.
Discharge Limitations. No improved property nor industrial user shall
discharge sewage and/or industrial waste, directly or indirectly,
into the sewer system, subject to the provisions of these rules, which
contains pollutants in excess of the daily maximum limits as set by
the ordinances and/or rules and regulations of the sewage treatment
plant operator.
5.
Prohibitions and Limitations on Wastewater Discharges.
A.
Prohibitions on Wastewater Discharges.
(1)
No user shall discharge or deposit or cause or allow to be discharged
or deposited into the wastewater treatment system any wastewater which
contains the following:
(a)
Oils and Grease.
(b)
Fire/Explosive Hazard. Liquids, solids or gases which, by reason
of their nature or quantity, are, or may be, sufficient, either alone
or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to the wastewater treatment system
or to the operation of the system. At no time shall two successive
readings on an explosion hazard meter, at the point of discharge into
the sewer system, be more than 5% nor any single reading over 10%
of the lower explosive limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchalorates, bormates, carbides, hydrides and sulfides;
also any waste streams with a closed-cup flash point of less than
140° F. or 60° C. using test methods specified in 40 CFR 261.21.
(c)
Noxious Material. Noxious or malodorous solids, liquids or gases,
which, either singly or by interaction with other wastes, are capable
of creating a public nuisance or hazard to life or are or may be sufficient
to prevent entry into a sewer for its maintenance and repair.
(d)
Improperly Shredded Garbage. Garbage that has not been ground
or comminuted to such a degree that all particles will be carried
freely in suspension under flow conditions normally prevailing in
the public sewers, with no particle greater than 1/2 inch in any dimension.
(e)
Radioactive Wastes. Radioactive wastes or isotopes of such half-life
or concentration that they do not comply with regulations or orders
issued by the appropriate federal and state agencies having control
over their use and which will or may cause damage or hazards to the
sewage facilities or personnel operating the system.
(f)
Solid or Viscous Wastes. Solid or viscous wastes which will
or may cause obstruction to the flow in a sewer or otherwise interfere
with the proper operation of the wastewater treatment system. Prohibited
materials include, but are not limited to, grease, uncomminuted garbage,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil, and similar substances.
(g)
Excessive Discharge Rate. Wastewater at a flow rate or containing
such concentrations or quantities of pollutants that exceed, for any
time period longer than 15 minutes, more than five times the average
twenty-four-hour concentration, quantities or flow during normal operation
and that would cause a treatment process upset and subsequent loss
of treatment efficiency; or the introduction of any pollutant, including
oxygen-demanding pollutants (such as BOD), released in a discharge
at a flow rate and/or pollutant concentration which would cause interference
with the POTW.
(h)
Toxic Substances. Any toxic substances in amounts exceeding
standards promulgated by the Administrator of the United States Environmental
Protection Agency pursuant to Section 307(a) of the Act, and chemical
elements or compounds, phenols or other taste- or odor-producing substances,
or any other substances which are not susceptible to treatment or
which may interfere with the biological processes or efficiency of
the treatment system, or that will pass through the system.
(i)
Unpolluted Waters. Any unpolluted water, including, but not
limited to, cooling water or water of stormwater origin.
(j)
Colored Discharge. If a nondomestic discharge causes unusual
color in the treatment plant's influent samples, the wet well
or the primary clarifier inlets, the colored discharge is prohibited
and must be ceased. BMPs to control color can be required.
(k)
Corrosive Wastes. Any waste which will cause corrosion or deterioration
of the treatment system. All wastes discharged to the public sewer
system must have a pH value in the range of 6 to 9 standard units.
Prohibited materials include, but are not limited to, acids, sulfides,
concentrated chloride and fluoride compounds and substances which
will react with water to form acidic products.
(l)
Interference. Any waste which would cause interference with
the biological processes or efficiency of the treatment system as
defined in this Part.
(m)
Pass-Through. Any waste which constitutes a pass-through of
the system as defined in this Part.
(n)
Any trucked or hauled pollutants, except at discharge points
designated by the Township in this Part.
(o)
Temperature. Any wastewater having a temperature that 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.).
(p)
Any sludges, screenings or other residues from the pretreatment
of industrial waste.
(q)
Any medical waste, except as specifically authorized by the
Township and/or Borough in a wastewater discharge permit.
(r)
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which
will cause interference to the sewage treatment plant or interfere
with the operation of the sewer system.
(s)
Any wastewater causing the treatment plant's effluent to
fail a toxicity test.
(t)
Any wastes containing detergents, surface active agents or other
substances which may cause excessive foaming in the POTW.
(u)
Any wastewater containing any compounds or salts or aldrin,
dieldrin, endrin, lindane, methoxychlor, toxaphane, dichlorophenoxyacetic
acid, trichloro-phenoxyproprionic acid, or other persistent herbicides,
pesticides or rodenticides.
(v)
Toxic Gases/Vapors/Fumes. Pollutants which result in the presence
of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems.
(2)
Wastes prohibited in this section shall not be processed or
stored in such a manner that they would be discharged to the POTW.
All floor drains located in process or material storage areas must
discharge to the industrial user's pretreatment facility before
connecting with the POTW.
B.
Proactive control of influent pollutants of concern must be given
a high priority. Wastewater entering the treatment plant is treated
by biological organisms growing in slime-like biofilms which are susceptible
to inhibition or destruction from relatively small amounts of toxic
influent materials. The sewage treatment plant does not have flow
equalization, which increases the risk of harm from short-duration,
higher-concentration influent loadings. Very small amounts of biotoxic
materials, such as biocides, bactericides, herbicides and pesticides,
can cause aquatic toxicity and inhibit or kill the plant's biological
treatment processes. Therefore, both the Township and nondomestic
users have a responsibility to identify actual or potential biotoxics
to prevent problems such as process interference, sludge quality,
aquatic toxicity, personnel and public exposure, collection system
issues, regulatory compliance, and water quality, because discharges
to the Lehigh River are under the special-protection waters rules.
Each industrial user is limited on the concentration of pollutants
allowed to be discharged as hereinafter detailed. The controlling
limit is the lesser of the local limit or the Federal Categorical
Pretreatment Standard for each pollutant. Dilution of any wastewater
for the purpose of meeting the limits hereinafter described, or the
local limits or Federal Categorical Pretreatment Standards, shall
be considered a violation of this Part.
(1)
The following are the maximum concentrations of pollutants allowable,
the action level guidelines for pollutants of concern and surcharge
levels of pollutants of concern in wastewater discharges to the wastewater
treatment system. Development of these limits and levels was done
taking into account the existing loading on our sludge of these pollutants,
plant efficiency and total combined flow from all industrial discharges.
These local limits will be reviewed periodically and may change as
a result of changes in the factors contributing to their development.
If such changes are made in the local limits for pollutants of concern,
these changes, with the required EPA approvals, can be adopted and
used in new or revised permits without further ordinance revisions.
|
Local Limits for Pollutants of Concern
| |
|---|---|
|
Parameter
|
Daily Maximum Concentration
|
|
Biological oxygen demand (BOD)1
|
850 mg/l
|
|
Total suspended solids (TSS)
|
850 mg/l
|
|
pH
|
6-9 standard units
|
|
Total dissolved solids (TDS)
|
Monitor only
|
|
Oil and grease, cyanide, biotoxics
|
Enforceable BMPs
|
|
Notes:
| |
|
1
|
In situations where, in the Township's opinion, BOD is
not representative of the strength of industrial and commercial discharges,
and/or COD tests are better for process control purposes, testing
for COD may be substituted for testing for BOD. Where monitoring for
COD is required in a permit or permit amendment, the permittee will
usually not be required to monitor for BOD. However, if there is a
need to know the site's BOD loading as a percentage of the plant's
design capacity, testing for both BOD and COD may be required.
|
|
Action Level Guidelines for Pollutants of Concern
| |
|---|---|
|
Parameter
|
Action Level
(mg/l)
|
|
Cadmium
|
0.104
|
|
Chromium
|
6.97
|
|
Copper
|
1.35
|
|
Silver
|
0.535
|
|
Zinc
|
2.96
|
|
Barium
|
715
|
|
Surcharge Levels for Pollutants of Concern
| |||||
|---|---|---|---|---|---|
|
Surcharge Parameter
|
TSS
|
BOD
|
COD
|
NH3
|
N TKN
|
|
Surcharge level
|
200
|
200 mg/l
|
600 mg/l
|
30 mg/l
|
75 mg/l
|
|
Action level
|
600
|
600
|
1,200
|
120
|
600
|
|
Prohibited level
|
850
|
850
|
2,500
|
200
|
1,000
|
|
Notes:
|
|
Discharges over the prohibited level are not allowed at any
time and must be ceased.
|
C.
Unauthorized Discharges. Discharge of any prohibited substance listed under Subsection 5B(1) of this section shall be considered an unauthorized discharge, and the Township may take whatever steps are necessary to halt such a discharge as set forth in these rules.
D.
Categorical Standards. If a categorical standard for a particular
industrial user is more stringent than local limits or other requirements
imposed under these rules, then the categorical standard shall apply.
The Township shall notify, in writing, all affected industrial users
of the applicable reporting requirement under 40 CFR 403.12. The National
Categorical Pretreatment Standards are hereby incorporated into this
Part as requirements for those industrial users subject to such categorical
standards.
E.
State Requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than national
requirements and limitations or those established under these rules.
F.
Local Limits. The Township and/or sewage treatment plant operator
may establish, and review from time to time, local limits regulating
the discharge of specific pollutants by industrial users.
(1)
Local limits may be established for any substance which is discharged,
or is likely to be discharged, to the sewer system.
(2)
Local limits may limit concentration, mass, or a combination
of the two.
(3)
The procedure for the calculation of local limits should be
as recommended by the approval authority.
(4)
Local limits may be calculated to prevent interference; pass-through;
the discharge of toxic materials in toxic amounts; threats to worker
health and safety; and physical, chemical or biological damage to
the sewer system.
(5)
Local limits may be applied to all significant industrial users
and may be included in all wastewater discharge permits. Local limits
may be applied to other industrial users if deemed appropriate by
the Township.
(6)
Discharging any pollutant in excess of the local limit established
for that pollutant shall constitute an unauthorized discharge. Such
a discharge is subject to the actions and penalties set forth herein.
(7)
Discharge of any pollutants prior to the establishment of any
local limits shall not give an industrial user any rights to continue
such discharge in violation of the local limits.
G.
Prohibition on Dilution. No industrial user shall, in any way, attempt
to dilute a discharge as a partial or complete substitute for adequate
pretreatment to achieve compliance.
H.
Slug Loads and Spills. Each user shall provide protection from spills
or accidental discharges that result in unauthorized discharges or
slug load discharges. Facilities to prevent spills and slug loads
shall be provided and maintained at the owner or industrial user's
own cost and expense.
(1)
Notification. In the case of a spill or slug load or other unauthorized
discharge, it is the responsibility of the industrial user to immediately
telephone and notify the Township and sewage treatment plant operator
of the incident. The notification shall include the location of the
discharge, type of waste, concentration and volume, corrective actions
being taken or planned, and expected duration.
(2)
Notice to Employees. A notice shall be permanently posted on
the industrial user's bulletin board or other prominent place
advising employees whom to call in the event of a spill or other authorized
discharge. Employers shall ensure that all employees who may cause
or suffer such a discharge to occur are advised of the emergency notification
procedure.
(3)
Written Notice. Within five days following a spill, slug load,
or other unauthorized discharge, the industrial user shall submit
to the Township and sewage treatment plant operator a written report
describing the cause of the discharge and the measures to be taken
by the industrial user to prevent similar future occurrences. Such
notification shall not relieve the industrial user of any expense,
loss, damage or other liability which may be incurred as a result
of the damage to the sewer system, fish kills, or any other damage
to person or property; nor shall such notification relieve the industrial
user of any fines, civil penalties, or other liability which may be
imposed by these rules, ordinances or rules of the applicable sewage
treatment plant operator or other applicable laws.
(4)
SPCC Plans. The Township reserves the right to require all industrial
users to complete and obtain approval of a spill prevention control
and countermeasure (SPCC) plan or provide acceptable evidence that
such a plan is not necessary for their facility. Such plans shall,
at a minimum, contain the elements specified in 40 CFR 403.8(f)(2)(vi)(A)
through (D). SPCC plans shall be submitted to the Township for review
and shall be approved by the Township before implementation of the
plan or construction of any required facilities. Review and approval
of such plans, facilities and operating procedures by the Township
shall not relieve the industrial user from the responsibility to modify
its facility as necessary to meet the requirements of these rules.
The Township may, in the alternative, require the industrial user
to apply directly to and obtain approval from the applicable sewage
treatment plant operator.
I.
Drainage of Water Infiltration System. Discharge of filter backwash
water to the sewer system shall be regulated as follows:
(1)
Granular media filter backwash water may be discharged to the
sewer system, subject to all of the applicable provisions of these
rules or the applicable sewage treatment plant operator.
(2)
Diatomaceous earth filter backwash, if discharged to the sewer
system, shall be connected to the sewer system through settling tanks
with no less than three months' storage capacity of spent diatomaceous
earth, which tanks shall be accessible for removing solid waste for
disposal.
J.
Trucked and Hauled Wastes. The discharge of trucked, hauled or holding
tank wastes to the Township sewage collection system shall not be
allowed.
K.
Grease and Sand Traps. Grease, oil, and sand interceptors or traps
shall be provided by the user when the Township determines that such
devices are necessary for the proper handling of wastewaters containing
grease, oils, or settleable solids. Interceptors and traps shall be
installed, operated, maintained, and cleaned properly, so that they
will consistently remove the grease, oil, or settleable solids, at
the sole cost of the owner. Interceptors and traps shall be properly
designed to accommodate the maximum flow rate expected to occur and
shall be located as to be readily and easily accessible for cleaning
and inspection. Inspection records shall be provided to the Township
upon request.
L.
Garbage Grinders. The use of mechanical garbage grinders producing
a finely divided mass, properly flushed with an ample amount of water,
shall be permitted in the kitchen of a dwelling unit. If approved
by the appropriate sewage treatment plant operator, such devices shall
also be permitted in food preparation areas of commercial or industrial
establishments upon the registration of each such device with the
Township or sewage treatment plant operator. Each existing garbage
grinder requiring registration shall be registered within 30 days
of receipt by the owner thereof of notice from the Township of the
requirement of such registration as set forth herein.
M.
Notification Requirements - Hazardous Wastes and Hazardous Substances.
(1)
All industrial users shall notify the Township, the applicable
sewage treatment plant operator, the EPA Regional Waste Management
Division Director, and the Pennsylvania Department of Environmental
Protection, Bureau of Waste Management, in writing, of any discharge
into the POTW of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR, Part 261. Such notification shall
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,
bath, or other). Notifications must meet all the requirements of the
applicable sewage treatment plant operator.
(2)
Industrial users that commence discharge after the effective
date of these rules shall submit the report within 180 days of first
discharge of the hazardous waste, except as may be required by the
applicable sewage treatment plant operator.
(3)
The required report needs to be submitted only once for each
hazardous waste discharged. Industrial users related under categorical
standards which have already submitted such information in baseline
monitoring reports or periodic compliance reports do not have to report
this information again.
(4)
Industrial users that discharge less than 15 kilograms of hazardous
wastes in a calendar month do not have to comply with these reporting
requirements, unless otherwise required by the applicable sewage treatment
plant operator. This exemption does not apply to acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e).
(5)
An industrial user shall notify the Township and applicable
sewage treatment plant operator within five days of becoming aware
of any discharges of reportable quantities of listed or unlisted hazardous
substances, as defined at 40 CRF 302.4 (CERCLA hazardous substances).
This notification shall include the time of release; the name of the
substance; the identifying CAS number, if known; and the approximate
quantity discharged. If the discharge constitutes a spill, change
in wastewater constituents, or slug load, other reporting requirements
of these rules and of the applicable sewage treatment plant operator
may also apply.
(6)
Each notification required by this section shall include a statement
certifying that the industrial user has a program a in place to reduce
the volume and/or toxicity of the discharged wastes to the extent
that is economically practical. This statement shall be signed by
the authorized representative of the industrial user.
N.
Additional Costs or Penalties/Fines. Any user whose activities cause
an additional cost, fee, penalty, etc., to be levied on the Township
by any agency, sewage treatment plant operator, governmental agency,
etc., shall be responsible for this cost plus a 5% administrative
fee, in addition to any penalty prescribed by these regulations.
1.
Regulatory Actions.
A.
If wastewaters containing any substance described in this Part are
discharged or proposed to be discharged into the sewer system of the
Township or if the industrial user, due to plant setup or chemical
storage considerations, might require a slug/spill prevention plan
regardless of what they are or plan to be discharging, the Township
Manager and the Township Solicitor shall take all actions against
the user necessary to:
(1)
Prohibit the discharge of such wastewater.
(2)
Require a user to demonstrate that in-plant modifications will
reduce or eliminate the discharge of such substances in conformity
with this Part.
(3)
Require pretreatment, including storage facilities, or flow
equalization necessary to reduce or eliminate the objectionable characteristics
or substances so that the discharge will not violate these rules and
regulations.
(4)
Require the user making, causing or allowing the discharge to
pay any additional cost or expense incurred by the Township and/or
Borough for handling and treating excess loads imposed on the treatment
system.
B.
Where the Township Manager determines that an emergency condition
exists requiring the immediate cessation of an offending discharge
into the sewer system, the Township Manager shall proceed as follows:
(1)
He/she shall immediately notify the offending user of the situation
and order him to immediately stop the discharge.
(2)
If the offender fails to respond to the Township Manager's
order, the Township Manager is empowered to do all acts necessary,
including shutting off any flow from the offending user to the sewer
system. Wherever practical, the Township Manager should give the offending
user a second notice just prior to terminating their flow into the
system.
(3)
If an offending user feels aggrieved by either action of the
Township Manager, he may immediately appeal for a hearing before the
Board of Supervisors. The Board of Supervisors shall hold a hearing
within 48 hours after request of the same and shall either affirm
the Township Manager's decision, reverse the decision, or modify
the same.
(4)
It is the intent of this provision that the Township Manager
be given all necessary powers to terminate immediately any discharges
which create emergency conditions which may present an imminent danger
to the health or welfare of persons or society and/or which may do
damage to the sewage treatment facility.
2.
Submission of Plans. Where pretreatment or equalization of wastewater
flows prior to discharge into any part of the wastewater treatment
system is required, plans, specifications and other pertinent data
or information relating to such pretreatment or flow-control facilities
shall first be submitted to the Township Manager for review and approval.
Such approval shall not exempt the discharge or such facilities from
compliance with any applicable code, ordinance, rule, regulation or
order of any governmental authority. Any subsequent alterations or
additions to such pretreatment or flow-control facilities, or changes
to polluted discharges, shall not be made without due notice and prior
approval of the Township Manager and the issuance of a new or modified
permit as required.
3.
Pretreatment Facilities Operations. If pretreatment or control of
waste flows is required, such facilities shall be maintained in good
working order and operated as efficiently as possible by the owner
or operator at his own cost and expense, subject to the requirements
of these rules and regulations and all other applicable codes, ordinances
and laws.
4.
Admission to Property. Whenever it shall be necessary for the purposes
of these rules and regulations, the Township Manager and any other
Township or Borough representatives, upon the presentation of credentials,
may enter upon any property or premises at reasonable times for the
purpose of copying any records required to be kept under the provisions
of this Part, inspecting any monitoring equipment or method, and sampling
any discharge of wastewater to the sanitary sewer system. The Township
Manager may enter upon the property at any hour under emergency circumstances.
5.
Protection from Accidental Discharge. Each user shall provide protection
from accidental discharge of prohibited materials or other wastes
regulated by this Part. Facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the owner
or operator's cost and expense. Detailed plans showing facilities
and operating procedures and any subsequent modifications thereto
to provide this protection shall be submitted to the Township Manager
for review by the Township Engineer and shall be approved by the Township
Engineer before construction of the facility. Costs of this review
shall be paid by the user. Review and approval of such plans and operating
procedures shall not relieve the user from the responsibility to modify
his facility as necessary to meet the requirements of this Part. Any
industrial user required to develop and implement an accidental discharge/control
slug plan shall submit a plan which addresses, at a minimum, the following:
A.
Description of discharge practices, including nonroutine batch discharges.
B.
Description of stored chemicals.
C.
Procedures for immediately notifying the POTW of any accidental or
slug discharge. Such notification must also be given for any discharge
which would violate any of the prohibited discharges in this Part.
D.
Procedures to prevent adverse impact from accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance
of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants (including solvents), and/or measures and
equipment for emergency response.
6.
Reporting of Accidental Discharge. If, for any reason, a facility
does not comply with or will be unable to comply with any publication
or limitations in this Part, the user responsible for such discharge
shall immediately notify the Township Manager so that corrective action
may be taken to protect the treatment system. In addition, a written
report addressed to the Township Manager, detailing the date, time
and cause of the accidental discharge, the quantity and characteristics
of the discharge and corrective action taken to prevent future discharges,
shall be filed by the responsible facility within five days of the
occurrence of the noncomplying discharge.
7.
Tenant Responsibility. Where an owner of property leases premises
to any other person or as a tenant under any rental or lease agreement,
if either the owner or the tenant is an industrial user, either or
both may be held responsible for compliance with the provisions of
this Part.
1.
Inspections. The Township or its agents may inspect the facilities
of any user to ascertain whether the user is in compliance with all
requirements of this Part or the ordinances or rules of the sewage
treatment plant operator. Persons or occupants of premises where wastewater
is created or discharged shall allow the inspectors ready access at
all reasonable times to all parts of the premises for the purposes
of inspection, sampling, records examination and copying, or in the
performance of their duties. The Township and its agents shall have
the right to set up on the user's property such devices as are
necessary to conduct sampling, inspection, compliance monitoring and/or
metering operations. Where a user has security measures in force which
would require proper identification and clearance before entry onto
their premises, the user shall make necessary arrangements with its
security personnel so that, upon presentation of suitable identification,
personnel from the Township or its agents will be permitted to enter,
without delay, for the purpose of performing their specific responsibilities.
2.
Pretreatment Facilities. Industrial users shall provide necessary
wastewater pretreatment as required by the sewage treatment plant
operator and shall achieve compliance with all applicable categorical
standards within the time limitations as specified by the applicable
categorical standards. Any facilities required for pretreatment shall
be provided, operated, and maintained at the industrial user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the sewage treatment plant operator
for review and shall be acceptable to the sewage treatment plant operator
before construction of the facility. The review of such plans and
operating procedures will in no way relieve the industrial user from
the responsibility of modifying the facility as necessary to produce
a discharge which complies with the requirements of the sewage treatment
plant operator. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported and shall be acceptable to
the sewage treatment plant operator prior to the industrial user's
initiation of the changes. The review and acceptance of plans and
procedures by the sewage treatment plant operator shall not be considered
as an approval regarding their efficacy, safety, or reliability; such
considerations are solely the responsibility of the industrial user.
3.
Change in Operations.
A.
Any industrial user contemplating or planning a change in the manufacturing
process, raw materials, auxiliary processes, pretreatment processes
or other changes which may result in changes to wastewater character,
composition, volume or rate of flow shall notify the sewage treatment
plant operator, in writing, at least 30 days prior to making such
a change, or, if the change is not planned, immediately upon the decision
to make such a change. If a change in wastewater characteristics occurs
without the knowledge of the industrial user, the industrial user
shall report the change immediately upon becoming aware of it. The
report shall include all information necessary to determine the effect
of the change on the wastewater.
B.
The sewage treatment plant operator may, on receipt of such a report:
(1)
Continue an existing wastewater discharge permit in effect;
(2)
Require application for a new wastewater discharge permit;
(3)
Modify an existing wastewater discharge permit to reflect the
changed nature of the waste;
(4)
Rescind and reissue an existing wastewater discharge permit
in order to make substantial changes in wastewater discharge permit
conditions;
(5)
Revoke an existing wastewater discharge permit or require an
industrial user to cease or prevent the discharge; or
(6)
Take such other action as it deems appropriate.
1.
Appeal of Wastewater Discharge Permit. Any person, including an industrial
user or significant industrial user, may petition the sewage treatment
plant operator to reconsider the terms of a wastewater discharge permit
within the time period set forth by the operator. The decision of
the sewage treatment plant operator regarding the appeal will be final.
A.
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
C.
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with a court of competent jurisdiction.
2.
Continuation of Permit During Appeal. During the process of appeal,
the wastewater discharge permit shall remain in effect and shall be
enforced with the exception of those conditions specified in writing
in the appeal. Conditions imposed by federal or state regulations
(e.g., categorical standards) shall not be waived. Conditions which,
in the opinion of the Township or sewage treatment plant operator,
would constitute a hazard or pose a potential threat of pollution
if waived shall not be waived during an appeal.
1.
Right to Refuse. The Township grants to the sewage treatment plant
operator the right to refuse to accept wastewater, or combinations
of wastewater, which are discharged in violation of the terms or conditions
of its ordinances or rules or any written directions issued by the
sewage treatment plant operator. The sewage treatment plant operator
may take such steps as it deems necessary, and which comply with applicable
laws, to compel discontinuance of use of the sewer system or pretreatment
of industrial wastes in order to comply with the provisions of the
industrial pretreatment requirements.
2.
Revocation of Permit.
A.
Any user who violates the conditions of the sewage treatment plant
operator, or applicable state and federal regulations, is subject
to having its wastewater discharge permit revoked, if required under
the ordinances or rules of the sewage treatment plant operator.
B.
Discharge of any industrial waste to the sewer system by a significant
industrial user without a wastewater discharge permit is an unauthorized
discharge and may be subject to the penalties provided in this Part
or the ordinances or rules of the sewage treatment plant operator.
C.
Any user notified of a revocation of its wastewater discharge permit
shall immediately stop or eliminate the discharge. In the event of
a failure of the user to comply voluntarily with the notice of revocation,
the discharge shall be considered an unauthorized discharge, and the
Township or, if authorized, the sewage treatment plant operator shall
take such steps as deemed necessary, which may include immediate severance
of the connection between the building sewer and the sewage collection
system, or discontinuance of water service, to prevent or minimize
damage to the sewer system or endangerment to the environment or any
improved property or person.
3.
Suspension of Permit.
A.
The sewage treatment plant operator may suspend the wastewater discharge
permit when such suspension is necessary, in the opinion of the operator,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons or to the environment, causes interference or
pass-through, or causes the sewage treatment plant to violate any
condition of its NPDES permit or any other national or state law,
rule, regulation or permit condition.
B.
Any user notified of a suspension of its wastewater discharge permit
shall immediately stop or eliminate the discharge. In the event of
a failure of the user to comply voluntarily with the notice of suspension,
the discharge shall be considered an unauthorized discharge, and the
sewage treatment plant operator shall take such steps as deemed necessary,
including immediate severance of the connection between the building
sewer and the sewage collection system, or discontinuance of water
service, to prevent or minimize damage to the sewer system or endangerment
to the environment or any improved property or person.
C.
If a wastewater discharge permit has been suspended as a result of
an unauthorized discharge, which discharge resulted in or contributed
to damages to the sewer system or to any person or improved property,
the wastewater discharge permit shall not be reinstated until such
time as all such damages have been satisfied.
D.
The sewage treatment plant operator may reinstate the wastewater
discharge permit in conformance with its ordinances and rules.
4.
Notice of Violation. Whenever the sewage treatment plant operator
finds that any user has violated or is violating the ordinances or
rules of the sewage treatment plant operator, its wastewater discharge
permit, or any prohibition, limitation or requirements contained herein,
the sewage treatment plant operator may serve upon such industrial
user a written notice stating the nature of the violation and requiring
a response within a specified time.
5.
Hearings and Appeals. The sewage treatment plant operator may direct
any user who causes or allows an unauthorized discharge to enter the
sewer system, or who violates any condition or requirement of this
Part, or the ordinances or rules and regulations of the sewage treatment
plant operator, or its wastewater discharge permit, to show cause
before the sewage treatment plant operator why a proposed enforcement
action should not be taken. The sewage treatment plant operator must
follow its ordinances, rules and written procedures, as well as applicable
state or national law, in any enforcement action.
6.
Administrative Orders. The sewage treatment plant operator may issue
written directions without a show-cause hearing if the sewage treatment
plant operator determines that such directions are necessary to correct
conditions or remedy continuing violations of these rules or any wastewater
discharge permit or other industrial pretreatment requirements, or
the sewage treatment plant operator's or federal or state regulations.
7.
Right of Appeal of Enforcement Actions.
A.
A user may appeal the enforcement actions enumerated directly to
the sewage treatment plant operator as promulgated in the operator's
ordinances or rules.
B.
The sewage treatment plant operator shall have the right to establish
a fee for the filing of any such appeal.
C.
The sewage treatment plant operator may require the posting of a
bond by the user.
8.
Civil Actions. If any person violates the provisions of these rules
or the ordinances or rules of the sewage treatment plant operator,
including local, national or state pretreatment requirements, categorical
standards, or any wastewater discharge permit or written directions
issued by the sewage treatment plant operator, the Township or sewage
treatment plant operator may commence an action for appropriate legal
and/or equitable relief in the Court of Common Pleas of Northampton
County, or any other appropriate forum.
9.
Injunctive Relief. If any person causes or permits an unauthorized
discharge to occur, or otherwise violates the conditions imposed by
this Part or the ordinances or rules of the sewage treatment plant
operator, or any wastewater discharge permit or written directions
issued by the ordinances or rules of the sewage treatment plant operator,
or any national or state pretreatment requirement, the Township or
sewage treatment plant operator may commence an action in the Court
of Common Pleas of Northampton County, or any other appropriate forum,
for injunctive relief to stop the unauthorized discharge or other
violation or to require compliance with the applicable condition.
1.
Civil Penalties.
A.
Any user who is found to have failed to comply with any provision
of this Part may be fined not less than $100 nor more than $1,000
for each offense. Each day during which a violation shall occur or
continue shall be deemed a separate and distinct offense. In addition
to the penalties provided herein, the Township may recover reasonable
attorneys' fees, court costs, court reporters' fees and
other expenses of litigation by appropriate suit at law against the
user who is found to have violated this Part.
B.
Any user is subject to penalties imposed by applicable ordinances
or rules of the sewage treatment plant operator.
C.
In any action brought by a sewage treatment plant operator against
the Township for any violation of the operator's ordinances or
rules, the individual user who has committed the violation shall,
at his sole expense, defend the Township against the action. In addition,
the individual user shall indemnify and hold harmless the Township
with respect to all damages resulting from the proceeding. The Township
and user shall agree to give the other prompt written notice of any
demand, claim, or litigation that is threatened or instituted against
him or her and that might constitute the basis of a claim for indemnity
pursuant to this Part.
2.
Falsifying Information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document produced, filed or required to be maintained
pursuant to this Part, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this Part, shall, upon conviction, be punished by a fine of not more
than $1,000 or by such other penalties as may be available pursuant
to the laws of the Commonwealth of Pennsylvania.
