1. Wastewater Application. All commercial and industrial users must submit information on the nature and characteristics of the wastewater, materials stored on site and wastes sent for off-site disposal, by completing a permit application prior to commencing any discharge, or within the time frames set forth for existing users. The Borough Manager is authorized to prepare a form for this purpose and may periodically require commercial and industrial users to update their application. Failure to complete the application shall be reasonable grounds for terminating service to the user and shall be considered a violation of this Part.
A. Wastewater Discharge Permits Required.
(1) All significant industrial users proposing to connect to discharge into any part of the wastewater treatment system must first obtain a discharge permit therefor.
(2) All existing significant industrial users connected to or discharging to any part of the Township’s system must obtain a Wastewater Discharge Permit within 90 days from and after the effective date of this Part.
(3) Any existing permitted user which changes its discharge must obtain a Discharge Permit prior to commencing any changed discharge.
(4) All nonsignificant industrial users, and all commercial users shall be required to obtain a water pollution management permit, either Level II or Level III.
(a) Existing users shall apply for said water pollution management permit within 180 days of publication of this Part.
(b) New users shall apply for and obtain a water pollution management permit prior to occupancy.
(5) The Borough Manager may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this Part. Any of the responsibilities of the Township Manager or the Township under this § 18-856 may be performed by the Borough Manager upon agreement by the Township Manager and Borough Manager.
B. Permit Application. Users seeking a wastewater discharge permit or seeking a new permit due to revised discharges, shall complete and file with the Borough Manager an application on a form prescribed by the Borough Manager and accompanied by the applicable fee. Said application may require the following general information, as well as additional user specific information:
(1) Name, address, and SIC number of applicant.
(d) Baseline Monitoring Report. All industrial users subject to Categorical Pretreatment standards must submit a baseline monitoring report (BMR) to the Borough within 180 days after the effective date of a Categorical Pretreatment Standard or 180 days after the final administrative decision made upon a category determination request, whichever is later.
(e) Compliance Monitoring. All limits must be complied with, but periodic monitoring is usually required only for the parameters that are actively discharged However, the Borough or Township can require either temporary screening or periodic monitoring for any parameter with or without a limit that is believed to have an actual or potential harmful effect on the plant, its employees, the public, the sludge, the collection systems and the Lehigh River. [Ord. 545]
(6) Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user’s wastewater discharge.
(7) Compliance schedules.
(8) Best Management Practices (BMPs).
(a) BMP Certification. Those users with BMP requirements in their permits will be required to certify within 60 days and then annually that the BMPs are being effectively implemented and submit all documentation required by the BMP, such as process control, cleaning, maintenance and offsite disposal of records which must be kept for at least 3 years. Copies must be shown to or sent to the Borough or Township when requested. In the event that there is a noticeable increase in the treatment plan influent of a parameter used by a site with a BMP, the Borough or Township can require immediate monitoring and other actions in accordance with the applicable monitoring requirements on a temporary or permanent basis. Failure to comply with an approved BMP may result in any one or more of the following: escalating enforcement actions, a temporary or permanent change in permit level or permit fees, submission of a new permit application may be required. In addition sewer service can be terminated until the user conclusively demonstrates that a sustainable approved BMP has been adopted and implemented.
(b) Customized BMPs. A sewer user who believes that a site specific BMP could be more environmentally beneficial and/or more cost effective than complying with a numerical discharge limit or action level should contact the Borough’s Pretreatment Coordinator to determine if a BMP would be appropriate. If the use of a BMP is found to be suitable the Borough may work with the user to plan and implement an enforceable BMP.
(c) Enforceable BMPs for Bio-Toxic Materials. Dischargers of bio- toxics must submit BMPs acceptable to the Borough before commencing any discharges. The BMPs must assure that toxic amounts of these materials will not be discharged at any time, or the user must use less toxic materials or zero discharge.
(d) Enforceable BMPs for Cyanide Dischargers. Dischargers of cyanide or cyanide containing materials must implement enforceable BMPs acceptable to the Borough and Township before commencing any discharges. The BMP ‘s must include the use of a pre-approved cyanide destruction system that reduces the total cyanide destruction system that reduces the total cyanide to non-detect (below a reporting limit of 0.005 mg/l). In some instances, the Borough or Township may require that after the cyanide destruction process, the treated waste water be held in sealed and secure containers until the cyanide content has been tested and found to be <0.005 mg/l, if not the batch must be retreated.
(e) Enforceable BMPs for Oil and Grease. All Level I and Level II permittees discharging FOG (fats or oils or greases or a combination thereof) must submit a BMP called a “FOG Management Plan” for Borough and Township approval.
[Ord. 545]
(9) Signatory Requirement. Base line monitoring reports (BMR’s), reports on compliance with Categorical Pretreatment Standard deadlines, 90-day Compliance Reports and periodic reports on continued compliance must be signed and certified by a duly authorized representative of the industrial user. A duly authorized representative is one who meets the criteria established at 40 CFR 403.12(1). The signature for these reports must be accompanied by the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to insure qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”
(10) General Sewer Use Rules and Regulations.
(11) A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State or local law, and the statement of penalties may reference only those set forth hereafter in the audience.
(12) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility with compliance with all applicable State and Federal pretreatment standards, including those which become effective during the term of discharge permit.
(13) Conditional Discharge Permits for New or Increased POC Discharges or Noncompliance. Conditional watershed protection permits can be issued when, in the Borough’s judgment, it is necessary to protect the plant and the environment when the harmful effects of new pollutants or increased amounts of existing pollutants are not well known. Especially when the proposed influent loadings are substantially higher than the usual background levels and/or the discharge flow is higher or uneven throughout the day or has spikes or slug discharges. An existing permit can also be revoked and reissued as a conditional permit after a “letter of violation” and/or a “notice that preventive action is required” has been issued because of noncompliance or marginal compliance with permit requirements. Conditional permits are valid for a period of up to 1 year and will only be renewed (either as a conditional or multi-year conventional permit) if there is satisfactory compliance with the requirements of the permit. [Ord. 545]
(14) Applicable slug control and slug discharges notification requirements. [Ord. 545]
(15) Applicable BMP requirements. [Ord. 545]
(16) Other conditions to ensure compliance with this Part 8. [Ord. 545]
E. Duration of Permits. Permits shall be used for a specified time period, not to exceed 5 years. A permit may be issued for a period of less than 1 year or may be stated to expire on a specific date. Any permittee desiring to continue to discharge after the expiration date shall file an application for reissuance of the permit not less than 120 days prior to the expiration of the permit. The terms and conditions of the permit may be subject to modification and change by the Borough Manager during the life of the permit, as limitations or requirements as identified in Section 53 are modified and changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. [Ord. 545]
(1) Subject to the general provisions on the duration of permits, it is the intention of this subsection that Level I and Level III permits shall have terms of up to 5 years and that Level II permits shall have terms of up to 3 years.
(2) Wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
F. Transfer of a Permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
G. Revocation of Permit.
(1) Any user who violates the following conditions of his permit or of this Part, or of applicable State and Federal regulations, is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:
(a) Failure of a user to accurately report the wastewater constituents and characteristics of his discharge;
(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(d) Violation of conditions of the permit.
(e) Failure to meet effluent limitations, pay fines, pay sewer charges, meet compliance schedules, complete a wastewater survey or the wastewater discharger permit application, or provide advanced notice of the transfer of a permitted facility.
(f) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Part.
(2) Procedure for Revocation of Permit. Whenever the Borough Manager or his designee finds that any person has violated or is violating this Part, or any prohibition, limitation or requirement contained herein, and that person has an industrial discharge permit, the Borough Manager shall inform the user in writing of the violation(s) pursuant to the enforcement response guide prepared by the Borough. The user shall be informed of the time in which to make the necessary corrections. If the corrections are not made within the time allotted, then the Borough Manager may revoke the discharge permit. The revocation of industrial discharge permit by the Borough Manager may be appealed by written request to the Borough Council within 10 days after the permit has been revoked. Borough Council shall schedule a hearing thereon and determination the proprietary of the Borough Manager’s decision for the revocation of said permit. The Borough Manager shall notify the Township of any revocations made pursuant to the subsection.
H. Permit Appeals. Any person, including the industrial user, may petition the Borough to reconsider the terms of the wastewater discharge permit within 30 days of its insurance. [Ord. 545]
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the waste water discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) If the Borough fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decision not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Court of Common Pleas for Lehigh County within the time frame set forth by the Commonwealth of Pennsylvania for filing such appeals.
I. Wastewater Discharge Permit Modification.
(1) The Borough Manager may modify the wastewater discharge permit for good cause including, but not limited to, the following:
(a) To incorporate any new or revised Federal, State or local pretreatment standards or requirements.
(b) To address significant alterations or additions to the industrial user’s operation, processes or wastewater volume or character since the time of the wastewater discharge permit issuance.
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(d) Information indicating that the permitted discharge poses a threat to the Borough’s POTW, or Township personnel or the receiving waters.
(e) Violation of any terms or conditions of the wastewater discharge permit.
(f) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR § 403.13.
(h) To correct typographical or other errors in the wastewater discharge permit.
(i) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
(j) New or Increased POC Discharges as Prohibited Slug Discharges. When new or increased pollutant loadings, with or without an action level, substantially exceed the usual background levels and the effects on the plant and the Lehigh River are unknown, the Borough can temporarily or permanently classify them as prohibited slug discharges. The sewer user or qualified others must provide documentation to the Borough and, if requested, to the Township, to demonstrate that the discharge is acceptable for release to the sewer. Proposals for flow equalization will be considered.
[Ord. 545]
The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
(Ord. 396, 9/6/2000, § 856; as amended by Ord. 545, 4/17/2013, §§ 16–21)