[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 12-21-1992 by Ord. No. 766. Amendments noted where
applicable.]
A.
Abbreviations. As used in this chapter, the following
abbreviations shall have the designated meanings:
BOD
|
Biochemical oxygen demand
| |
CFR
|
Code of Federal Regulations
| |
COD
|
Chemical oxygen demand
| |
EPA
|
Environmental Protection Agency
| |
l
|
Liter
| |
mg
|
Milligrams
| |
mg/l
|
Milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
POTW
|
Publicly owned treatment works
| |
RCRA
|
Resource Conservation and Recovery Act
| |
SIC
|
Standard industrial classification
| |
SNC
|
Significant noncompliance
| |
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
TRC
|
Technical review criteria
| |
TSS
|
Total suspended solids
| |
USC
|
United States Code
|
B.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE:
(1)
(2)
(3)
(a)
(b)
(c)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BYPASS
CONTROL AUTHORITY
COOLING WATER
DIRECTOR
DOMESTIC WASTEWATER
GARBAGE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
(1)
(2)
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NEW SOURCE:
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONDOMESTIC WASTEWATER
NPDES or STATE DISCHARGE PERMIT
PASS THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT or TREATMENT
PRETREATMENT COORDINATOR
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or NATIONAL CATEGORICAL PRETREATMENT
STANDARDS
SEVERE PROPERTY DAMAGE
SIGNIFICANT INDUSTRIAL USER:
(1)
(2)
(a)
(b)
(c)
SLUG
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
UNPOLLUTED WATER
USER
USER CLASSIFICATION
WASTEWATER
WASTEWATER TREATMENT SYSTEM or SYSTEM
WATERS OF THE STATE
(1)
(2)
Definitions. Unless the context specifically indicates
otherwise, the following terms and phrases used in this chapter shall
have the following meanings:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Maryland Department of the Environment (MDE).
A responsible corporate officer such as a president,
secretary, treasurer, or vice president of the corporation in charge
of a principal business function, or any other person who performs
similar policy- or decisionmaking functions for the corporation, or
the manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures; or
A general partner or proprietor if the industrial
user is a partnership or sole proprietorship respectively; or
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well, or a position of equivalent
responsibility, or having overall responsibility for environmental
matters for the company; and
The written authorization is submitted to the
control authority.
If authorization under Subsection (3) is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the POTW prior to or together with any reports to be signed by an authorized representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C., expressed in terms of weight or concentrations (milligrams
per liter).
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
The City of Havre de Grace.
Water discharged from any use such as air conditioning, cooling
or refrigeration, during which the only pollutant added to the water
is heat.
The Director of Public Works of this City or his duly appointed
deputy, agent or representative.
Liquid wastes originating from private residences and containing
those pollutants and pollutant concentrations that are normally associated
with household activities. See the definition of "nondomestic wastewater."
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of food.
The introduction of nondomestic pollutants into the POTW
from any nondomestic source regulated under Section 307(b), (c) or
(d) of the Act.
A source of indirect discharge resulting from the processes
employed in industrial, manufacturing, trade or business establishments,
as distinct from domestic wastewaters.
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 any requirement
of the POTW's NPDES permit (including an increase in the magnitude
or duration of an violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations issued thereunder (or more stringent state or local
regulations): Section 405 of the Clean Water Act, the SWDA (including
Title II, more commonly referred to as "RCRA"), and including state
regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act.
Any regulation containing pollutant discharge limits which
applies to a specific category of industrial users promulgated by
the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1347).
The program for issuing, conditioning and denying permits
for the discharge of pollutants from point sources into the navigable
waters, the contiguous zone and the oceans pursuant to Section 1342
of the Act.
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
discharge 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 (1)(c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under
this section had commenced if the owner or operator has:
Begun or caused to begin as part of a continuous
on-site construction program;
Any placement, assembly, or installation of
facilities or equipment; or
Significant site preparation work including
clearing, excavation, or removal of existing buildings, structures,
or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this subsection.
The liquid wastes originating from establishments engaged
in some form of business, commercial or industrial activity. See the
definition of "domestic wastewater."
A permit issued pursuant to Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. § 1342) or Title 9, §§ 9-323
and 9-324 of the Health-Environmental Article of the Annotated Code
of Maryland.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge of discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, firm, company, corporation,
association, joint-stock company, trust, estate, governmental entity
or any other legal entity, or their legal representatives, agents
or assigns. The masculine gender shall include the feminine, the singular
shall include the plural, where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal, commercial and agricultural
waste or any other contaminate.
The reduction, elimination or alteration of pollutant properties
to a less harmful state prior to or in lieu of discharge or introduction
into a POTW. This can be accomplished by physical, chemical or biological
processes, process changes or other means, except as prohibited by
40 CFR 403.6(d).
The person appointed by the Director of Public Works to supervise
the pretreatment program, and who is charged with certain duties and
responsibilities by this chapter or his duly authorized representative.
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a pretreatment standard.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act which
applies to a specific category of industrial users.
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.
Any industrial user who is subject to categorical
pretreatment standards; or
Any other user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater (excluding sanitary, noncontact
cooling and blowdown wastewater); or
Contributes a process waste stream that makes
up 5% or more of the hydraulic or organic capacity of the POTW; or
Is found by the City, State or EPA to have reasonable
potential for adversely affecting the POTW's operation, the quality
of the sludge, the POTW's effluent quality, or air emissions generated
by the system, or air emissions generated by the system, or for violating
any pretreatment standard or requirement.
Upon finding that an industrial user meeting the criteria of Subsection (2)(a), (b) and (c) of this definition 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 an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
|
Any discharge of significant quantities of water, sewage,
industrial waste which in concentration of any given constituent or
quantity of flow could cause interference of the treatment works,
pass through the POTW treatment plant, endanger sewer worker safety,
contaminate the sludge, or cause a violation of any permit issued
the POTW.
Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
The person appointed by the Director of Public Works to supervise
the operation of the POTW, and who is charged with certain duties
and responsibilities by this chapter, or his duly authorized representative.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids, and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA under Section 307(a) of the
Federal Water Pollution Control Act or other federal statutes or in
regulations promulgated by the Maryland Office of Environmental Programs
under state law.
Water not containing any pollutants limited or prohibited
by the effluent standards in effect, or water whose discharge will
not cause any violation of receiving water quality standards.
Any person who contributes, causes or permits the contribution
of wastewater into the City of Havre de Grace POTW.
A classification of use based on the 1972 (or subsequent)
Edition of the Standard Industrial Classification (SIC) Manual prepared
by the Office of Management and Budget.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is discharged into
or permitted to enter the City's treatment works.
Any devices, facilities, structures, equipment or works owned
or used by the City for the purpose of transmission, storage, treatment,
recycling and reclamation of industrial and domestic wastes, or necessary
to recycle or reuse water at the most economical cost over the estimated
life of the system, including intercepting sewers, outfall sewers,
sewage collection systems, pumping, power and other equipment, and
their appurtenances; extensions, improvements, remodeling, additions
and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities;
and any works, including site acquisition of the land that will be
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment.
Includes:
Both surface and underground waters within the
boundaries of this state subject to its jurisdiction, including that
part of the Atlantic Ocean within the boundaries of this state, the
Chesapeake Bay and its tributaries and all ponds, lakes, rivers, streams,
public ditches, tax ditches and public drainage systems within this
state, other than those designed and used to collect, convey or dispose
of sanitary sewage; and
The floodplain of free-flowing waters determined
by the Department of Natural Resources on the basis of one-hundred-year
flood frequency.
A.
Charges and fees. The City of Havre de Grace may adopt
charges and fees which may include service rates, water rents, ready-to-service
charges, water supplied and for the removal and acceptance of sewage:
(1)
Fees for reimbursement of costs and of setting up
and operating the City's pretreatment program;
(2)
Fees for monitoring, inspecting and surveillance procedures;
(3)
Fees for reviewing accidental discharge procedures
and construction;
(4)
Fees for permit application;
(5)
Fees for filing appeals; and
(6)
Other fees as the City may deem necessary to carry
out the requirements contained herein.
B.
These fees relate solely to the matter covered by
this chapter and are separate from all other fees chargeable to the
City.
C.
These fees are to be billed and collected by the Director
of Finance or such other person as the Mayor and City Council may,
by ordinance, designate; and if bills are unpaid within 30 days, the
service may be discontinued. All charges shall be a lien on the property,
collectible in the same manner as City taxes or by suit at law, and
all such liens shall be preferred liens and have a priority over existing
mortgages, and judgments any and all other liens, except taxes.
Water and sewer usage bills shall be prepared
and submitted to each customer on a billing cycle established by the
Mayor and City Council of Havre de Grace.
The Director of Finance may prepare a prorated
usage bill for a period of less than one quarter upon the request
of the property owner or his agent. The minimum quarterly usage charge
shall be applied to all prorated usage bills.
A.
It shall be unlawful to construct or maintain any
individual sewage disposal system on any property in the City unless:
B.
Applicants for a permit to construct an individual
sewage disposal system shall demonstrate to the Director that:
(1)
The system conforms to the requirements of the Harford
County Master Water and Sewer Plan; and
(2)
The system conforms to the rules and regulations adopted
by the Maryland Department of the Environment and the Harford County
Health Department for the construction of individual sewage disposal
systems.
An applicant for a permit to construct an individual
sewage disposal system shall submit to the Director:
A.
A drawing of the property on which the individual
system is to be located showing the location of the system and appropriate
sizes and dimensions of the components of the system; and
B.
A statement signed by the property owner stating that:
(1)
The property owner has been notified that he will
be required to connect to the City sewage system when it becomes available
and at such time as it is adequate to serve the property;
(2)
He agrees to connect to the City system within one
year after he receives notice to connect at his expense; and
(3)
He agrees to abandon and leave his individual sewage
disposal system in such a way that it cannot be used or be injurious
to public health at his expense.
A.
Septic tank contents shall be accepted from any residence
in the City unless the discharge of such contents may contribute to
a violation of the terms of the City's NPDES permit.
B.
Wastes, other than septic tank contents, may be accepted
from sources inside or outside the City at the discretion of the Director.
The time, place and delivery of these wastes, including septic tank
contents, shall be established by the Director. It shall be unlawful
to discharge any of these wastes, including septic tank contents,
at any time, place and by any method which has not received the prior
approval of the Director. All such approval shall be evidenced by
a writing signed by the Director.
C.
Marina pump-out waste will be accepted at designated
points by permit only.
Grease, oil and sand interceptors or retainers
shall be installed by users of the system at their own expense when,
in the opinion of the Director, such measures are necessary for the
proper handling of liquid wastes containing grease, oil or sand in
excessive amounts, of any flammable waste and of such other harmful
waste as the Director may designate. Such interceptors shall be of
a type and capacity approved by the Director and shall be located
as to be readily and easily accessible for cleaning by the user and
for inspection by the Director. Where installed, all grease, oil and
sand interceptors shall be maintained by the user, at his own expense,
and shall be kept in a continuous and efficient operation at all times.
A.
It shall be unlawful to construct or maintain any
connection to the City's sewer system through which inflow is discharged
into the sewer system. "Inflow" means water discharged into the system
from sources, including, but not limited to, roof leaders, cellar,
yard and area drains, foundation drains, cooling water discharges
or drains from springs or swampy areas.
B.
It shall be unlawful for a nonindustrial user to construct
a connection to the Havre de Grace sewage system without a building
permit issued by the Mayor and City Council of Havre de Grace.
C.
It shall be unlawful for any industrial user to construct
or maintain a connection to the Havre de Grace sewage system without
a building permit issued by the Mayor and City Council of Havre de
Grace and an industrial user permit.
D.
It shall be unlawful for any person to discharge sewage
into the Havre de Grace sewage system, other than segregated sanitary
sewage, without first obtaining an industrial discharge permit or
to discharge wastes in volumes or concentrations in excess of that
specified in any applicable industrial discharge permit.
A.
Prohibitive discharge standards:
(1)
No user shall contribute or cause to be contributed,
directly or indirectly, to the POTW any pollutant or wastewater which
will cause interference with the operation or performance of the POTW;
and
(2)
No user shall contribute any wastewater containing
any of the following substances to the POTW:
(a)
Having a temperature higher than 104°F.
(40° C.), or which will inhibit biological activity in the treatment
plant resulting in interference, but in no case which could cause
the influent temperature of the wastewater treatment plant to rise
above 104° F. (40° C.).
(b)
Containing solid or viscous pollutants whether
emulsified or not, or containing substances which may solidify or
become viscous at temperatures between 32° F. (0° C.) and
140° F. (60° C.).
(c)
Petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin, in amounts that will cause interference
or pass-through.
(d)
Any pollutant which creates a fire and/or explosion
hazard in the POTW, including but not limited to waste streams with
a closed cup flashpoint of less than 140° F. or 60° C. using
the test methods specified in 40 CFR 261.21. Prohibited pollutants
include, but are not limited to, gasoline, benzene, naphtha, and fuel
oil. At no time shall a waste stream cause an exceedance of 10% of
the lower explosive limit (LEL) at any point in the POTW.
(e)
Containing any garbage that has not been ground
by household type or other suitable garbage grinders, with no particles
greater than 1/2 inch in any dimension.
(f)
Containing any ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch,
manure, or any other solids or viscous substances capable of causing
obstructions or other interferences with proper operation of the sewer
system.
(g)
Having a pH lower than 5.0 or higher than 11.0,
or having any other corrosive property capable of causing damage or
hazards to structures, equipment or personnel of the sewer system.
(h)
Containing toxic or poisonous substances in
sufficient quantity to injure or interfere with any wastewater treatment
process, to constitute hazards to humans or animals, or to create
any hazard in waters which receive treated effluent from the sewer
treatment plant.
(i)
Containing noxious or malodorous gases or substances
capable of creating a public nuisance, cause hazard to life or prevent
entry into the sewers for maintenance and repair.
(j)
Any pollutant which results in the presence
of toxic gases, vapors or fumes within the POTW in a quantity that
may cause acute worker health and safety problems or a hazard to the
public.
(k)
Containing solids of such character and quantity
that special and unusual attention in required for their handling.
(l)
Containing any substance which may affect the
treatment plant's effluent and cause violation of the NPDES permit
requirements.
(m)
Containing any substance which would cause the
treatment plant to be in noncompliance with sludge use, recycle or
disposal criteria pursuant to guidelines or regulations developed
under Section 405 of the Federal Act, the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substances Control Act or other regulations
or criteria for sludge management and disposal as required by the
state.
(n)
Containing color which is not removed in the
treatment process.
(o)
Containing any medical or infectious wastes
in amounts that could cause pass-through or interference.
(p)
Containing any radioactive wastes or isotopes
in quantities that could cause pass-through, interference or endangerment
to the public or POTW personnel.
(q)
Containing pollutants, including oxygen demanding
pollutants (BOD, etc.), or slug load released in a discharge at a
flow rate or concentration which, either singly or by interaction
with other pollutants or waste streams will cause interference with
either the POTW or wastewater treatment or sludge process, or which
will constitute a hazard to humans or animals.
(r)
Trucked or hauled pollutants, except at discharge
points designated by the POTW.
(s)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water, and unpolluted
industrial wastewater, unless specifically authorized by the Director.
B.
Federal Categorical Pretreatment Standards. The national
categorical pretreatment standards found at 40 CFR, Chapter I, Subchapter
N, Parts 405-471, are hereby incorporated.
C.
State requirements. State pretreatment requirements
located at COMAR Title 26 are hereby incorporated.
D.
Limitations.
(1)
Furthermore, industrial users shall not contribute
or cause to be contributed, directly or indirectly, to the POTW any
pollutant or wastewater in excess of the limits listed below:
Parameter
|
Daily Maximum Average
(mg/l)
| |
---|---|---|
Arsenic
|
4.06
| |
Total cadmium
|
0.09
| |
Total chromium
|
0.09
| |
Total copper
|
0.08
| |
Total cyanide
|
0.18
| |
Total lead
|
0.65
| |
Total mercury
|
0.0003
| |
Total nickel
|
0.78
| |
Total silver
|
0.05
| |
Total zinc
|
9.3
| |
Total suspended solids
|
200
| |
Fats, oils and grease
|
100
|
(2)
These limitations apply to all industrial users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national or local pretreatment standards or
requirements. Concentrations apply at the point where an industrial
waste is discharged to the City's collection system. All concentrations
for metallic substances are for "total" metal unless indicated otherwise.
At his discretion the Director may impose mass limitations in addition
to the concentration-based limitations above. The City reserves the
right to establish, by ordinance or in wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW
if deemed necessary to comply with the objectives of this chapter
or state or federal law.
E.
The City reserves the right to enter into special
agreements with industrial users, setting out special terms under
which they may discharge to the POTW. In no case will an agreement
waive compliance with a pretreatment standard or state or federal
requirement. However, the industrial user may request a net gross
adjustment to a categorical standard in accordance with 40 CFR 403.15.
They may also request a variance from the categorical pretreatment
standard from EPA.
F.
Surcharges. Any user discharging wastewater with concentrations
of BOD exceeding 200 mg/l shall be surcharged at the following rate:
(average BOD in mg/l -- 200 mg/l) x (total flow in million gallons)
x ($0.50 per pound) = surcharge. In no case shall a user discharge
BOD in excess of the mass loading allocated to them in their permit.
The average BOD concentration shall be determined by the Director
through periodic sampling in a manner and frequency he determines.
G.
Pretreatment and federal categorical pretreatment
standards.
(1)
Industrial users shall provide necessary wastewater
treatment as required to comply with this chapter and state and federal
regulations or requirements and shall achieve compliance with all
national categorical pretreatment standards as specified by the federal
pretreatment regulations.
(2)
Industrial users shall at all times properly operate
and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the industry
to achieve compliance with this chapter. Proper operation and maintenance
includes but is not limited to effective performance, adequate funding,
adequate operator staffing and training, and adequate laboratory and
process controls, including appropriate quality assurance procedures.
This provision requires the operation of backup or auxiliary facilities
or similar systems only when necessary to achieve compliance with
the conditions of this chapter. A statement, reviewed by an authorized
representative of the industrial user 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 and/or additional pretreatment is required for the
industrial user to meet the pretreatment standards and requirements
must also be submitted at a time interval specified by the Director.
(3)
The City may require the installation of monitoring
equipment by an industrial user for the purposes of determining compliance
with all applicable pretreatment regulations or requirements.
H.
Dilution prohibition. Industrial users shall not increase
the use of potable or process water or, in any way, attempt to dilute
an effluent as a partial or complete substitute for adequate treatment
to achieve compliance with the limitations contained in this permit.
I.
Spill-prevention plans.
(1)
Industrial users shall provide protection from accidental
discharge of materials which may interfere with the POTW by developing
spill-prevention plans. Facilities necessary to implement these plans
shall be provided and maintained at the owner's or industrial user's
expense. Spill-prevention plans, including the facilities and the
operating procedures, shall be approved by the City before construction
of the facility.
(2)
Industrial users that store hazardous substances shall
not contribute to the POTW after the effective date of this chapter
unless a spill-prevention plan has been approved by the City. Approval
of such plans shall not relieve the industrial user from complying
with all other laws and regulations governing the use, storage and
transportation of hazardous substances.
J.
Notifications.
(1)
Contents of notice; exemptions.
(a)
Industrial users (IU) must notify the Director,
the EPA Regional Waste Management Division Director, and state hazardous
waste authorities in writing of any discharge into the POTW of any
substance, which, if otherwise disposed of, would be a 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 IU discharges more than 100 kilograms of such waste per calendar
month to the POTW, the notification shall also contain the following
information to the extent such information is known and readily available
to the IU: An identification of the hazardous constituents contained
in the wastes, an estimation of the mass and concentration of such
constituents in the waste stream discharged during the calendar month,
and an estimation of the mass of constituents in the waste stream
expected to be discharged during the following 12 months. All notifications
must take place within 180 days after the discharge of the listed
or characteristic hazardous waste. Any notification under this subsection
need be submitted only once for each hazardous waste discharged. However,
notifications of changed discharges must be submitted under 40 CFR
403.12(j). The notification requirement in this section does not apply
to pollutants already reported under self-monitoring requirements
of 40 CFR 403.12(b), (d) and (e).
(b)
Discharges are exempt from the requirements
of Subsection P(1) of this section 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 nonacute 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(a), requires a
one-time notification.
(c)
Subsequent months during which the IU discharges
more than such quantities of any hazardous waste do not require additional
notification.
(d)
In the case of any new regulations under § 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the IU must
notify the POTW, the EPA Regional Waste Management Waste Division
Director, and state hazardous waste authorities of the discharge of
such substance within 90 days of the effective date of such regulations.
(2)
Notification of violation; automatic resampling.
(a)
If sampling performed by an industrial user
indicates a violation, the user must notify the control authority
within 24 hours of becoming aware of the violation. The notification
shall minimally include:
(b)
Within five days following such discharge, the
user shall submit a written report describing the cause of the discharge
and the measures that will be taken by the user to prevent similar
future discharges.
(c)
Such notification shall not relieve the user
of any expense, loss, damage or other liability resulting from the
discharge, nor shall such notification relieve the user of any fines,
civil penalties or other liability which may be imposed under this
chapter or other applicable state or federal law.
(d)
The user also must repeat the sampling and analysis
and submit the results of the repeat analysis to the control authority
within 30 days after becoming aware of the violation. The industrial
user is not required to resample if:
(3)
Notice of potential problems including slug loading. All industrial users must notify the POTW immediately of all discharges that could cause problems, including any slug loading, or which could violate any specific prohibition in § 198-11A of this chapter.
(4)
Upset provision and notification. An 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 industrial user. An upset does
not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation.
An upset can be used as an affirmative defense to an action brought
for noncompliance with categorical pretreatment standards, provided
that the industrial user who wishes to establish the affirmative defense
of upset must demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(a)
An upset occurred and the industrial user can
identify the cause or causes;
(b)
The facility was at the time being operated
in a prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures;
(c)
The industrial user has submitted the following
information to the POTW and control authority within 24 hours of becoming
aware of the upset (if this information is provided orally, a written
submission must follow within five days): a description of the indirect
discharge and cause of noncompliance; the period of noncompliance,
including exact dates and times, or, if not corrected, the anticipated
time the noncompliance is expected to continue; steps being taken
or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(d)
In any enforcement proceeding the industrial
user seeking to establish the occurrence of an upset shall have the
burden of proof.
(e)
Industrial users will have the opportunity for
judicial determination on any claim of upset only in an enforcement
action brought for noncompliance with categorical pretreatment standards.
(f)
The industrial user shall control production
or 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.
(5)
Bypass provision and notification.
(a)
Allowable bypass. An industrial user may allow
any bypass to occur that does not cause violations of pretreatment
standards or requirements. A bypass must be for essential maintenance
to assure efficient operation. These bypasses are not subject to the
notice and prohibition clauses discussed below.
(b)
Notice of bypass. If an industrial user knows
in advance of the need for a bypass, it must submit prior notice to
the control authority, if possible at least 10 days in advance of
the bypass. An industrial user must submit oral notice of an unanticipated
bypass that exceeds applicable pretreatment standards to the control
authority within 24 hours from the time the industrial user becomes
aware of the bypass. A written submission shall also be provided within
five days of the time the industrial user becomes aware of the bypass.
A written submission must contain a description of the bypass and
its cause, the duration of the bypass, including the exact dates and
times, and if the bypass has not been corrected, the anticipated time
it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent recurrence of the bypass. The control authority
may waive the written report on a case-by-case basis if the oral report
has been received within 24 hours.
(c)
Prohibition of bypass. Bypass is prohibited,
and the control authority may take enforcement action against an industrial
user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
[2]
There were no feasible alternatives to the bypass.
This condition is not satisfied if adequate backup equipment should
have been installed in order to prevent a bypass; and
[3]
The industrial user submitted notices as described
above.
(6)
Substantial changes in discharge. All industrial users
shall promptly notify the Director in advance of any substantial change
in the volume of discharge or character of pollutants in their discharge,
including but not limited to the listed or characteristic hazardous
wastes for which the industrial user has submitted initial notification
under 40 CFR 403.13(p). The City reserves the right to deny or restrict
additional discharges.
K.
Employee training certification. Industrial users
must provide adequate training for employees responsible for the pretreatment
of wastes. Significant industrial users must have an operator certified
by the Maryland Board of Waterworks and Waste Systems Operators.
L.
Records retention.
(1)
Industrial users shall retain records of all monitoring
information, including all calibration and maintenance records and
all original strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this chapter or by a permit, for
a period of at least five years from the date of the sample, measurement,
report or application.
(2)
All records that pertain to matters that are the subject
of special orders or any other enforcement or litigation activities
brought by the City of Havre de Grace shall be retained and preserved
by the industry until all enforcement activities have concluded and
all periods of limitation with respect to any and all appeals have
expired.
M.
Monitoring equipment.
(1)
The owner or operator of any premises or facility
discharging industrial wastes into the system shall install at his
own cost and expense suitable monitoring equipment to facilitate the
accurate observation, sampling and measurement of wastes. Such equipment
shall be maintained in proper working order and kept safe and accessible
at all times.
(2)
The monitoring equipment shall be located and maintained
on the industrial user's premises outside the building. When such
a location would be impractical or cause undue hardship on the user,
the Director may allow such facility to be constructed in the public
street or sidewalk area, with the approval of the public agency having
jurisdiction over such street or sidewalk, and located so that it
will not be obstructed by public utilities, landscaping or parked
vehicles.
(3)
When more than one user can discharge into a common
sewer, the Director may require installation of separate monitoring
equipment for each user. When there is a significant difference in
wastewater constituents and characteristics produced by different
operations of a single user, the Director may require that separate
monitoring facilities be installed for each separate discharge. The
Director may require the installation of a manhole or sampling chamber
in accordance with plans and specifications approved by the Director,
which manhole or sampling chamber shall be installed at the user's
expense. There shall be ample room in each sampling chamber to accurately
sample and composite samples for analysis. The chamber shall be safely
and easily accessible to authorized representatives of the City at
all times and in a manner independent of operation of the industrial
user's buildings and premises. Each sampling device with a recording
and totalizing register for measuring flows or the metered water supply
of the industrial user may be used as a measure of liquid quantity
where the Director is adequately assured in his opinion that the metered
water supply and wastewater generation are either substantially equal
or may be adjusted to account for any known differences.
(4)
Whether constructed on public or private property,
the monitoring facilities shall be constructed in accordance with
the Director's requirements and all applicable construction standards
and specifications.
N.
Analytical requirements. All analysis, including sampling
techniques, submitted in support of any application, report, evidence
or required by any permit or order shall be performed in accordance
with 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant
in question, or where the Administrator (as defined in 40 CFR 136)
determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other
applicable procedures suggested by the POTW or other persons approved
by the Administrator.
O.
Confidential information.
(1)
Information and data about a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public unless the user
specifically requests and is able to demonstrate to the satisfaction
of the City that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets.
(2)
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection except upon written
request by the state or EPA for use related to this chapter. Confidential
portions of a report shall be available for use by the state or EPA
for judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information. Information accepted
by the POTW as confidential shall not be disclosed unless the user
is given a ten-day notification.
P.
Right of entry. Representatives of the City, the state
and EPA, upon showing proper identification, shall have the right
to enter and inspect the premises of any user. All users shall allow
authorized representatives of the POTW, state and EPA access at all
reasonable times to all premises for the purpose of inspecting, sampling,
examining records or copying records in the performance of their duties.
Authorized representatives of the POTW, state and EPA shall have the
right to place on the user's property such devices as are necessary
to conduct sampling and monitoring. Where a user has security or safety
measures in force which would require clearance, training or wearing
of special protective gear, the user shall make necessary arrangements,
at its own expense, to enable authorized representatives of the City,
state and EPA to enter and inspect the premises as guaranteed by this
subsection.
Q.
Authority to require compliance schedules. If additional
pretreatment or operation and maintenance will be required for an
industrial user to comply with any provision of this chapter or a
state or federal pretreatment standard or requirement, the City may
require the industrial user to submit for approval a schedule specifying
the shortest time frame for the industry to achieve compliance. This
schedule will contain increments of progress in the form of dates
for the commencement and completion of major events leading to the
construction and operation of the additional pretreatment to bring
the industrial user into compliance.
R.
Authority to require submission of reports. Upon request
of the City any discharger or potential discharger of industrial wastes
into the POTW may be required to submit plans, reports, questionnaires,
notices or analytical data to evaluate waste discharge characteristics
and to ensure compliance with this chapter. These may include baseline
monitoring reports, compliance reports, periodic self-monitoring reports,
compliance schedule progress reports, violation reports and notice
of slug loadings, upset, bypass or any other reporting requirement
specified in 40 CFR 403.12.
S.
Signature requirements for all users. All reports,
questionnaires, surveys or any information requested by the City and
dealing with waters or sewers shall include this certification statement
signed by an authorized representative:
"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 upon
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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A.
Wastewater discharge permits.
(1)
The following industrial users are required to apply
for a wastewater discharge permit:
(a)
Any user whose discharge would be in violation
of this chapter if they had no permit;
(b)
Any significant industrial user;
(c)
Any user subject to a National Categorical Pretreatment
Standard;
(d)
Any user required by the state pretreatment
requirements to obtain a permit; and
(e)
Any other user as determined by the Director.
(2)
Existing users required to obtain a permit under Subsection A must apply for a wastewater contribution permit within 90 days of the effective date of this chapter.
(3)
New sources required by Subsection A to obtain a permit must apply for and receive a wastewater contribution permit prior to discharging pollutants into the POTW.
(4)
Any user not required to obtain a permit for existing
discharges must apply for and receive a wastewater contribution permit
prior to changing the user's discharge in such a manner that the resulting
discharge would require a permit.
(5)
The Director may prohibit discharges from industrial
sources.
B.
Permit application. Users required to apply for a
wastewater contribution permit shall complete and file with the Director
an application in the form prescribed by the POTW, and accompanied
by a fee which will be set by resolution of the City Council of Havre
de Grace. In support of the application, the user shall, in units
and terms appropriate for evaluations, submit the following information:
(1)
Name, address and location (if different from address);
(2)
SIC number, according to the Standard Industrial Classification
Manual, issued by the Executive Office of the President, Office of
Management and Budget, 1972, as amended;
(3)
Wastewater constituents and characteristics, including
but not limited to those mentioned in this chapter;
(4)
Time and duration of contribution;
(5)
Average daily and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans
along with details to show all sewers, sewer connections and appurtenances
by the size, location and elevation;
(7)
Description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged,
intentionally or accidentally;
(8)
The nature and concentration of any pollutants in
the discharge which are limited by any National Categorical Pretreatment
Standard or pretreatment requirement and a statement regarding whether
or not the pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance and additional
pretreatment is required;
(9)
The shortest schedule by which the user will provide
additional pretreatment or operation and maintenance, if required
to meet pretreatment standards. The completion date in this schedule
shall not be later than the compliance date established for the applicable
pretreatment standard. In no case shall the reporting intervals in
the schedule exceed nine months;
(10)
Each product produced by type, amount, process
or processes and rate of production;
(11)
Type and amount of raw materials processed (average
and maximum per day);
(12)
Number and type of employees, as well as hours
of plant operation and proposed or actual hours of operation of pretreatment
system; and
(13)
Any other information deemed by the Director
to be necessary to evaluate the permit application.
C.
Director's duties. If an application to discharge
any of the herein enumerated wastes is submitted to the Director,
the Director shall:
(1)
Reject the waste, or
(2)
Require pretreatment to an acceptable condition for
discharge to the public sewer, or
(3)
Require control over the quantities and rates of discharge,
or
(4)
Accept the waste, taking into consideration the degree
to which the waste may interfere with, pass through or otherwise be
incompatible with the City sewage collection and treatment system,
the terms of the NPDES permit providing for sewage treatment plant
effluent limitations, the potential of such waste to create a hazard
to life or create a nuisance and the economic impact of the various
alternatives of permitting the discharge.
D.
Applicant's responsibility. It is the responsibility
of the applicant for permission to discharge any of the wastes enumerated
in this chapter to demonstrate to the Director that such wastes should
be received.
A.
Permit required. It shall be unlawful for a user subject
to National Categorical Pretreatment Standards or other significant
industrial user or any other user directed to apply for a permit by
the City to discharge wastewater into the POTW except in accordance
with the terms and conditions of a wastewater contribution permit.
B.
Permit contents.
(1)
Permits shall contain the following:
(a)
Effective and expiration dates;
(b)
Statement of nontransferability;
(c)
Effluent limitations based on applicable general
pretreatment standards, categorical pretreatment standards, local
limits, and/or state and local law;
(d)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements, including an identification of the
pollutants to be monitored, sampling location, sampling frequency,
and sample type, based on the applicable general pretreatment standards,
categorical pretreatment standards, local limits, and/or state and
local law; and
(e)
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 compliance
date beyond applicable federal deadlines.
(2)
Permits may contain the following:
(a)
Requirements to pay fees for the wastewater
to be discharged to the POTW;
(b)
Effluent limitations, based on mass loadings
and/or concentrations, on the average and maximum wastewater constituents
and characteristics;
(c)
Limitations on the average and maximum rate
and time of discharge or requirements for flow regulation and equalization;
(d)
Requirements for installation and maintenance
of inspection and sampling facilities;
(e)
Requirements and specifications for monitoring
programs, including sampling locations, frequency of sampling, numbers,
types and standards for tests and reporting schedule;
(f)
Compliance schedules;
(g)
Requirements for submission of technical reports
or discharge reports. These reports include any reporting requirements
contained in national categorical standards or pretreatment requirements;
(h)
Requirements for collection, retention and providing
access to plant records relating to the user's discharge;
(i)
Requirements for notification of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater treatment system;
(j)
Requirements for notification of spills, slugs
and a spill/slug prevention plan; and
(k)
Other conditions as deemed appropriate by the
City to ensure compliance with this chapter.
C.
Basis for effluent limitations.
(1)
Effluent limitations shall be based upon the more
stringent of the following: National Categorical Pretreatment Standards;
state pretreatment requirements; or local limitations calculated by
mass balance or other valid scientific method necessary to protect
the POTW.
(2)
No provision contained in this chapter shall be deemed
to prevent any special agreement or arrangement between the City and
any person whereby wastewater of unusual strength or characteristic
may be accepted by the City for treatment which will not violate or
cause the City and/or the user to violate federal or state pretreatment
or discharge standards and which will not be harmful to the system.
However, federal pretreatment requirements or standards and National
Categorical Pretreatment Standards cannot be waived by the City.
D.
Periodic compliance reports.
(1)
All significant industrial users shall submit to the
POTW a minimum of semiannual reports in June and December, or as specified
by the Director, indicating the nature and concentration of pollutants
in the discharge by applicable pretreatment standards. The specific
pretreatment standards or the POTW itself may require this report
to be filed more frequently. In addition to permit-specific requirements,
this report shall include, but not be limited to, all daily flows
during the reporting period which exceeded daily flow and/or maximum
flow rate as stated in the permit.
(2)
The reports must be based upon data obtained through
appropriate sampling and analysis performed during the period covered
by the report. The report must contain data that is representative
of conditions occurring during the reporting period. The control authority
will state the frequency of monitoring necessary to assess and assure
compliance by industrial users with applicable pretreatment standards
and requirements.
(3)
Certification statement. All reports submitted to the City must be signed by the permittee's authorized representative, as outlined in CFR 403.12(1). See § 198-11S, Signature requirements for all users.
(4)
For industrial users subject to equivalent mass or
concentrations limits established by the City in accordance with the
procedures in 403.6(c), the report shall contain a reasonable measure
of the user's long-term production rate. For all other industrial
users subject to categorical pretreatment standards expressed only
in terms of allowable pollutant discharge per unit of production (or
other measure of operation), the report shall include the user's actual
average production rate for the reporting period.
E.
Permit duration. Permits shall be issued for a specified
time period not to exceed five years. The user shall apply for permit
renewal at least 180 days prior to the expiration of the user's existing
permit. Permits may be modified by the City to meet changes in state,
federal or local limitations. Users will be given a reasonable time
schedule to reach compliance.
F.
Permit nontransferability. Wastewater discharge permits
are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned, transferred or sold to a
new owner, new user, different premises, or a new or changed operation
without the prior written approval of the City.
G.
Permit modifications.
(1)
Within 60 days after the effective date of a pretreatment
standard for a subcategory under which an industrial user may be included
or such shorter time as specified with the standard or requirement,
the wastewater discharge permit of users subject to such standards
shall be revised to require compliance with such.
(2)
A user may apply for a permit modification whenever
the mass loading of pollutants contained in the permitted discharge
exceeds the average daily quantity.
(3)
A user may apply for a permit modification whenever
the user believes that some of the permit requirements no longer apply.
H.
Permit appeal. Permits may be appealed by filing a
petition within 30 days after the permit is issued. This petition
must be in writing. Failure to submit a petition for review shall
be deemed a waiver of the appeal. In its petition, the permittee must
indicate the permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to be placed in the
permit. The effectiveness of this permit shall not be stayed pending
a reconsideration by the Board of Appeals. If, after considering the
petition and any arguments put forth by the Pretreatment Coordinator,
the Board determines that reconsideration is proper, it shall remand
the permit back to the Pretreatment Coordinator. Those permit provisions
being reconsidered by the Pretreatment Coordinator shall be stayed
pending issuance of the permit. A Board of Appeals' decision not to
reconsider a final permit shall be considered final administrative
action for purposes of judicial review. The permittee seeking judicial
review of the Board's final action must do so by filing a complaint
with the Circuit Court of Harford County within 10 days.
A.
Compliance determinations with respect to this chapter
may be made on the basis of either instantaneous grab samples or composite
samples of wastewater. Composite samples may be taken over a twenty-four-hour
period, over a longer or shorter time span, as determined necessary
by the Director to meet the needs of specific circumstances.
B.
Sampling of industrial wastewater for the purposes
of compliance determination with respect to this chapter will be done
at such intervals as the Director may designate.
A.
Suspension of service.
(1)
The POTW may suspend the wastewater treatment service
or a wastewater contribution permit or cut off the sewer connection
when such suspension or cutoff is necessary, in the opinion of the
Director, in order to stop an actual or threatened discharge which:
(a)
Presents or may present an imminent or substantial
endangerment to the health or welfare of persons;
(b)
Presents or may present an imminent or substantial
endangerment to the environment;
(c)
May cause or actually causes interferences to
the POTW; or
(d)
Causes the POTW to violate any condition of
its NPDES or state discharge permit.
(2)
The POTW may reinstate the wastewater contribution
permit or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge.
(3)
In the event of a suspension or cutoff under this
section, within 15 days the user shall submit a written report describing
the event that caused the suspension and the measures taken to prevent
any recurrence.
B.
Revocation of permit. The Director may revoke any
wastewater contribution permit if the Director finds that:
(1)
A user has falsified information or records submitted
or retained in accordance with this chapter;
(2)
A user has violated the conditions of a wastewater
contribution permit;
(3)
A user has refused right of entry guaranteed by this
chapter;
(4)
A user has failed to reapply for a permit or request
a required permit modification; or
(5)
A user has discharged into the POTW in violation of
this chapter.
D.
Issuance of notice or order.
(1)
In general after or concurrently with service of a
complaint under this chapter, the City may:
(a)
Issue an order that requires the person to whom
the order is directed to take corrective action within a time set
in the order, not to exceed 30 days;
(b)
Send a written notice that requires the person
to whom the notice is directed to file a written report about the
alleged violation; and/or
(c)
Send a written notice that requires the person
to whom the notice is directed to appear at a hearing to be held by
the Board of Appeals regarding the violation and directing the offending
party to show cause before said authority why an order should not
be made directing the termination of service. The notice of the hearing
shall be served personally or by registered or certified mail, return
receipt requested, at least 10 days before the hearing. Service may
be made on any agent or officer of a corporation.
(2)
Effective date of order. Any order issued under this
chapter is effective immediately, according to its term, when it is
served.
(3)
The Board of Appeals may conduct the hearing and take
the evidence or may designate any of its members or any officer or
employee of the City of Havre de Grace to:
(a)
Issue in the name of the Board of Appeals notices
of hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Board of Appeals for action thereon.
(4)
At any public hearing, testimony taken before the
Board of Appeals or any person designated by it must be under oath
and recorded stenographically. The transcript, so recorded, will be
made available to any member of the public for any part of the hearing
upon payment of the usual charges of copying thereof.
(5)
After the Board of Appeals has reviewed the evidence,
it may issue an order to the party responsible for the discharge directing
that, following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices
or other related appurtenances are properly operated, and such further
orders and directives as are necessary and appropriate.
(6)
It shall be unlawful to fail to comply with an order
of the Board of Appeals.
E.
F.
Final corrective orders.
(1)
Orders.
(a)
Unless the person served with an order makes
a timely request for a hearing, the order is a final order.
(b)
If the person served with an order under this
chapter makes a timely request for a hearing, the order becomes a
final corrective order when the Board of Appeals renders its decision
following the hearing.
(2)
Other action permitted. This section does not prevent
the Mayor and City Council or the Attorney General from taking action
against a violator before the expiration of the time limitations or
schedules in the order.
G.
Injunctive relief.
(1)
In general. The Mayor and City Council may bring an
action for an injunction against any person who violated any provision
of this chapter or any rules, regulations, order or permit adopted
or issued under this chapter.
(2)
Findings. In any action for an injunction under this
section, any findings of the Mayor and City Council after a hearing,
is prima facie evidence of each fact the Mayor and City Council determines.
(3)
Grounds. On a showing that any person is in violation
of or is about to violate this chapter or any rule, regulation, order
or permit adopted or issued by the Mayor and City Council, the court
shall grant an injunction without requiring a showing of a lack of
an adequate remedy at law.
(4)
Emergency. If an emergency arises due to imminent
danger to the public health or welfare, or imminent danger to the
environment, the Mayor and City Council may sue for an immediate injunction
to stop any pollution or other activity that is causing the danger.
H.
Criminal penalties.
(1)
Violating ordinances, rules, regulations, orders or
permits.
(a)
A person who violates any provisions of or fails
to perform any duty imposed by this chapter, or who violates any provision
of or fails to perform any duty imposed by a rule, regulation, order
or permit adopted or issued under this chapter is guilty of a misdemeanor
and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment
not exceeding 90 days, or both.
(b)
In addition to any criminal penalties imposed
on a person convicted under this subsection, the person may be enjoined
from continuing the violations.
(c)
Each day on which a violation occurs is a separate
violation under this chapter.
(2)
False statements in required documents. A person is
guilty of a misdemeanor and, on conviction, is subject to a fine not
exceeding $1,000 or imprisonment not exceeding 90 days, or both, if
the person:
(a)
Knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained under this chapter or
any rule or regulation, order or permit adopted or issued under this
chapter; or
(b)
Falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required to be maintained
under this chapter or any rule, regulation, order or permit adopted
or issued under this chapter.
I.
Civil penalties.
(1)
Any user which has violated or continues to violate
this chapter, any order or wastewater discharge permit hereunder,
or any other pretreatment standard or requirement shall be liable
to the City for a maximum civil penalty of $1,000 per violation per
day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of violation.
(2)
The City may recover reasonable attorney's fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the City.
(3)
In determining the amount of civil 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, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a prerequisite
for taking any other action against a user.
J.
Annually published list of significant violators.
The POTW shall publish annually in the local newspaper having circulation
in the municipality in which the POTW is located a list of industrial
users which at any time in the previous 12 months were in significant
noncompliance with applicable pretreatment requirements. For the purpose
of this provision, an industrial user is in significant noncompliance
if its violation meets one or more of the following criteria:
(1)
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the measurements
taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter;
(2)
Technical review criteria (TRC) violations, defined
here as those in which 33% or more of all of the measurements for
each pollutant parameter taken during a six-month period;
(3)
Any other violation of a pretreatment effluent limit
(daily maximum or longer-term average) that the control authority
determines has caused, alone or in combination with other discharges,
interference or pass-through (including endangering the health of
POTW personnel or the general public);
(4)
Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or has
resulted in the POTW's exercise of its emergency authority under 40
CFR 403(f)(1)(vi)(B) to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone in a local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance;
(6)
Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation or group of violations which the
POTW determines will adversely affect the operation or implementation
of the local pretreatment program.
On or before April 1 of each year the Director
shall review this chapter. If he determines that revisions or modifications
are necessary, he shall submit proposed revisions to the Mayor and
City Council of Havre de Grace. The Director shall review the provisions
of this chapter to insure the user charge system established hereby
results in the distribution of the cost of operation and maintenance
of the treatment works and collection facilities in proportion to
each user's contribution in order to insure proportional distribution
of operating and maintenance costs to each user.
Any person adversely affected by a decision
or order of the Director under this chapter shall have the right to
appeal such decision or order to the Havre de Grace Board of Appeals
within 14 days of the date of the decision or order appealed from.
The aggrieved party shall thereafter have an opportunity to be heard
by the Board of Appeals, at which time the Board of Appeals may, by
majority vote, affirm, reverse or reserve on the decision of the Director
until such time as further investigation is made.
[Amended 1-4-2021 by Ord. No. 1047]
A.
All individuals, firms or corporations having mains,
pipes, conduits or other structures in, on or over any public way
in the City or in the county which impede the establishment, construction
or operation of any City sewer or water main, upon reasonable notice,
shall remove or adjust the obstructions at their own expense to the
satisfaction of the City.
B.
No private
road or parking pad may be constructed over a City right-of-way or
water, sewer, utility or drainage easement without first obtaining
City Council approval by resolution upon the recommendation of the
Director of Planning and the Director of the Department of Public
Works.
The City may enter upon or do construction in,
on or over any county public way for the purpose of installing or
repairing any equipment or doing any other things necessary to establish,
operate and maintain the water system, water plant, sanitary sewerage
system, sewage treatment plants or stormwater sewers.
In order to prevent any leakage or waste of
water or other improper use of the City's water system or sewage disposal
system, the City may require such changes in plumbing, fixtures or
connections as it deems necessary to prevent such waste or improper
use.
[Amended 6-4-2012 by Ord. No. 941]
It shall be unlawful to do anything which will
discolor, pollute or tend to pollute any water used or to be used
in the City water supply system. The City is authorized to inspect
any property connected to the City water supply system for sources
or causes of cross-connection contamination. New connections to the
City water supply system shall include backflow prevention devices
approved by the Director of Public Works. The City shall develop a
plan to identify, reduce and eliminate existing cross-connection contamination.
To implement this plan and abate the danger of contamination, the
City is authorized to discontinue or withhold water service, require
repairs or modifications to customers' piping systems and/or require
the installation of backflow prevention devices or other approved
measures that protect the City's water supply system. The City's plan
hereunder shall be approved by a resolution of the Mayor and City
Council, and reporting of the progress thereunder shall be part of
the duties delegated to the City's Water/Sewer Commission. For any
uncorrected violation of the provision requirements of this section,
the City is authorized to charge the customer with a municipal infraction
for a first offense and offenders are subject to a fine of $250, and
a second offense is a misdemeanor, subjecting the offender to a fine
of $1,000 and 90 days in jail.