A. Regulatory Actions. If wastewaters containing any substance described in § 18-853 of this Part are discharged or proposed to be discharged into the sewer system of the Borough of Catasauqua or any sewer system which is tributary thereto, 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, Manager and the Borough Solicitor, while informing the Township Manager may 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 or Borough for handling and treating excess loads imposed on the treatment system.
(5) Where the Borough Manager determines that an emergency condition exists requiring the immediate cessation of an offending discharge into the sewer system, the Borough Manager, while informing the Township manager, shall proceed as follows:
(a) He shall immediately notify the offending user of the situation and order him to immediately stop the discharge.
(b) If the offender fails to respond to the Borough Manager’s order, the Borough Manager is empowered to do all acts necessary including shutting off any flow from the offending user to the sewer system. Wherever practical, the Borough Manager should give the offending user a second notice just prior to terminating their flow into the system.
(c) If an offending user feels aggrieved by either actions of the Township or Borough Manager, he may immediately appeal for a hearing before Borough Council. Borough Council shall hold a hearing within 48 hours after request of the same and shall either affirm the Borough or Township Manager’s decision, reverse the decision, or modify the same.
It is the intent of this provision that the Township Manager and the Borough 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.
B. 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 and Borough Managers for review and approval. For matters relating to the Township’s collection system, the Township has the final approval authority. For the treatment of wastestreams, the Borough has the final approval authority. 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 and Borough Managers, and the issuance of a new or modified permit as required.
C. 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.
D. Admission to Property. Whenever it shall be necessary for the purposes of these rules and regulations, the Township Manager, Borough Manager or their designee upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of (i) copying any records required to be kept under the provisions of this Part 8, (ii) inspecting any monitoring equipment or method, and (iii) sampling any discharge of wastewater to the treatment works. The Township Manager, Borough Manager or their designee may enter upon the property at any hour under emergency circumstances.
E. 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 and Borough Managers for review by the Township and Borough Engineers, and shall be approved by the Township and Borough Engineers before construction of the facility. Cost 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:
(1) Description of discharge practices, including nonroutine batch discharges.
(2) Description of stored chemicals.
(3) 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 § 18-853 of this Part.
(4) 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.
F. 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 and Borough Managers so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to both the Township Manager and Borough 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 5 days of the occurrence of the noncomplying discharge.
G. 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.
H. Hauled Wastewater.
(1) Septic tank waste may be accepted into the POTW at a designated receiving structure within a treatment plant area, and at such times as are established by the Borough Manager; provided, such wastes do not violate other Sections of this Part or any other requirement established or adopted by the Borough. Wastewater discharge permits for individual vehicles to use such facility shall be issued by the Borough Manager.
(2) The discharge of hauled industrial waste, as “industrial septate,” requires prior approval and a wastewater discharge permit from the Borough. The Borough Manager shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all other Sections of this Part.
(3) Fees for dumping septate will be established as part of the industrial user fee system as authorized under this Part.
I. Vandalism. No person shall maliciously or willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in § 18-857.
J. Responsibility for Environmental Compliance and Pollutant Discharges.
(1) Responsibility for Environmental Compliance.
(a) The industrial or commercial user named on a municipal water/sewer bill (named user) is responsible for compliance with Federal, State, and local and environmental rules, regulations and ordinances. Each occupant at that address also has the same responsibilities and must have a watershed protection permit to discharge. If violations and/or environmental problems occur at a multi-occupant site and the occupant responsible does not take immediate corrective action or cannot be positively identified the named user shall be fully responsible for correcting all of the site’s noncompliance and pollution issues and is subject to all enforcement options. When required by the Borough or Township, the named user must apply for and be issued a watershed protection permit for the entire site by the Borough.
(2) Responsibility for Pollutant Discharges.
(a) Responsibility for Pollutant Discharges from Single Occupant Sites. The occupant must obtain a Level I, II or III watershed protection permit before commencing any discharges. In the event that materials harmful to the environment and/or in violation of Federal, State and local government rules and regulations are found in the effluent, the occupant, and if necessary the named user, will be held responsible for taking action to control the source and any costs of remediation or any damages caused and will be subject to all actions in the enforcement response plan.
(b) Responsibility for Pollutant Discharges, Multiple Occupant Sites. Each occupant must obtain a Level I, II or III watershed protection permit before commencing any discharges. In the event that materials harmful to the environment and/or in violation of Federal, State and local government rules and regulations are found in the effluent of a multi-occupant building (without individual sampling points for each occupant) and the occupant responsible for the discharge cannot be identified, the named user will be held responsible for taking action to control the source and any costs of remediation for any damages caused and will be subject to all actions in the enforcement response plan.
(3) Responsibility for the Costs of Compliance.
(a) Watershed Protection Permit Application Costs. Each sewer user proposing to discharge new pollutants or increased levels of previously approved pollutants is responsible for all of the application costs including, but not limited to, sampling, laboratory tests and consultant services.
(b) Permit Compliance Costs. Each permitted sewer user is responsible for the costs of sampling, analysis and any other expenses required to comply with the site’s permit.
(c) Additional Analysis and Testing. If a sewer user discharges any pollutant which requires additional sampling, analysis and other tests, the sewer user is responsible for the additional costs.
(d) Site Specific NPDES Permit and Pretreatment Compliance Costs. If a sewer user discharges any material for which the DEP and EPA specifies additional or modified NPDES permit requirements and/or additional pretreatment requirements, the sewer user is responsible for any additional costs incurred by the Borough to implement and maintain compliance with these requirements.
(e) Costs of Identification and Correction of Violations. The sewer user or users responsible for discharges that cause violations, harm to the treatment plant and the environment are also responsible for all extra expenses incurred by the Borough and Township to locate the source(s) and take the necessary corrective actions. If a sewer user, who is not the property owner, is found to be a source and does not promptly and properly assume these responsibilities, the named user will be held responsible.
[Ord. 545]
K. Termination of Sewer Service. All sewage discharges to the Borough’s treatment plant must be terminated on permit expiration or permit revocation or when a cease and desist order is issued. Permits can be revoked or a cease and desist order issued for illegal discharges (actual or potential), NPDES violations and continued noncompliance with permit requirements, such as local limits, action levels, enforceable BMPs and/or other applicable local, State and Federal environmental regulations. When there are actual and/or potential adverse effects, the Borough or Township can immediately terminate sewer service with or without taking prior enforcement actions. This can be done by issuing a cease and desist order that will stay in effect until compliance can be assured. Cease and desist orders will usually be sent by certified mail, but in unusual or emergency situations, they can be given verbally (in person or over the phone), hand delivered or sent by fax or email.
(1) Actions That must Be Taken When Sewer Service Is Terminated.
(a) When a permit expires or has been revoked or a cease and desist order has been issued the sewer user must terminate all wastewater discharges to the Borough’s WWTP within 15 calendar days. The time to terminate all discharges may be reduced where there is an indication that imminent harm will occur. Any further violations found during the period during which termination of all discharges must occur will be subject to additional escalating enforcement as serious, willful violations.
(b) The sewer user must send a termination of discharge certification letter to the Borough manager and Township Manager, each by certified mail, as soon as possible but within 15 calendar days of permit expiration or receipt of a cease and desist order signed by the person in charge of the site’s operations certifying that all discharges to the WWTP have been permanently stopped describing the actions taken so that further discharges cannot occur. The timeframe to submit the termination of discharge certification letter is separate and independent from the timeframe to terminate all wastewater discharges set forth in Subsection (K)(1)(a). If after 16 days this termination of discharge certification letter has not been received by the Borough and the Township, a civil penalty assessment of no less than $200 per day of continued illegal discharge will be issued. This daily penalty may be increased one or more times if illegal discharges continue and/or the certification letter is not received.
[Ord. 545]
(Ord. 396, 9/6/2000, § 854; as amended by Ord. 545, 4/17/2013, § 8)