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1. This Part shall apply to all users of the publicly owned treatment works. This Part authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
2. Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this Part. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to a duly authorized City employee.
3. Sewer Usage and Discharge Regulations.
(Ord. 7-6-2010, 7/6/2010, § 1.2)
B. Abbreviations and Definitions
The following abbreviations, when used in this Part, shall have the designated meanings:
A. BOD - biochemical oxygen demand.
B. BMP - best management practice.
C. BMR - baseline monitoring report.
D. CFR - Code of Federal Regulations.
E. CIU - categorical industrial user.
F. COD - chemical oxygen demand.
G. EPA - U.S. Environmental Protection Agency.
H. gpd - gallons per day.
I. IU - industrial user.
J. mg/l - milligrams per liter.
K. NPDES - National Pollutant Discharge Elimination System.
L. NSCIU - non-significant categorical industrial user.
M. POTW - publicly owned treatment works.
N. RCRA - Resource Conservation and Recovery Act.
O. SIU - significant industrial user.
P. SNC - significant noncompliance.
Q. TSS - total suspended solids.
R. U.S.C. - United States Code.
(Ord. 7-6-2010, 7/6/2010, § 3.1)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated.
ACT or "THE ACT" - the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY - the Administrator or the Regional Administrator of Region III of the EPA.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER - an authorized representative of an industrial user may be:
(1) If the user is a corporation:
(a) The President, Secretary, Treasurer, or a Vice-President of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or,
(b) The Manager of one or more manufacturing, production, or operating facilities, provided the Manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the Manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a Federal, State, or local governmental facility: a Director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in subparagraphs (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
BIOCHEMICAL OXYGEN DEMAND (BOD) - the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for 5 days at 20º centigrade expressed as a concentration (e.g., mg/l).
BUILDING SEWER - a sewer conveying wastewater from the premises of a user to the sewer system.
BYPASS - the intentional diversion of wastewater from any portion of an industrial user's pretreatment facility through which the wastewater normally passes.
BEST MANAGEMENT PRACTICES (BMPS) - schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 18-513 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
CATEGORICAL INDUSTRIAL USER - an industrial user subject to categorical pretreatment standard or categorical standard.
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD - any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR, Chapter I, Subchapter N, Parts 405-471.
CERTIFIED PROFESSIONAL - a registered professional engineer under the laws of the State of Pennsylvania.
CHAIN OF CUSTODY - a record of sample collection indicating the place and time of collection and the person collecting the sample. It shall also include a record of each person involved in possession of the sample, including the laboratory person who takes final possession of the sample for the purpose of analysis.
CHEMICAL OXYGEN DEMAND (COD) - a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
CITY - the City of Lock Hayen, Clinton County, Pennsylvania, and the City Council thereof, its agents and officials.
CLEAN STREAMS LAWS - the Act of June 22, 1937, as amended and reenacted by the Act of October 10, 1980, P.L. 894, 35 P.S. §§ 691.1–691.702.
COLOR - color of light transmitted through waste after removal of all suspended matter, including pseudo-colloidal particles, and measured in platinum-cobalt units.
COMBINED WASTE FORMULA - a procedure for calculating discharge concentrations of constituents of industrial waste, as defined in 40 CFR § 403.6(e).
COMPLIANCE - adherence to conditions or requirements of this Part or the industrial pretreatment program, any written directions issued by the City or any wastewater discharge permit or other permit issued under the provisions of this Part.
COMPOSITE SAMPLING - a sample composed of individual subsamples taken at regular intervals over a specified period of time. Subsamples may be proportioned by time interval or size according to flow (flow-proportioned composite sample), or be of equal size and taken at equal time intervals (equal-time composite sample).
CONTROL AUTHORITY - the City.
COOLING WATER - the water from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
DAILY MAXIMUM - the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT - the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DISCHARGE - the conveyance of any water or wastewater into the sewer system direct or indirect.
DOMESTIC WASTE - normal household wastes from kitchens, water closets, lavatories and laundries, or any waste from a similar source and possessing the same characteristics.
ENFORCEMENT RESPONSE PLAN - a plan and guide developed pursuant to 40 CFR § 403.8(f)(5), providing for the enforcement of the industrial pretreatment program.
ENVIRONMENTAL PROTECTION AGENCY (EPA) - the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
EXISTING SOURCE - any source of discharge that is not a “new source.”
GARBAGE - solid or semi-solid wastes resulting from preparation, cooking, and dispensing of food and from handling storage and sale of produce.
GRAB SAMPLE - a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GROUNDWATER - water which is contained in or passing through the ground.
HOLDING TANK WASTE - any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDUSTRIAL PRETREATMENT PROGRAM - the sum of the provisions of this Part, amendments thereto, and any regulations or activities by this Part as regards the regulation and control of industrial users.
INDUSTRIAL USER - any person who discharges industrial waste into the sewer system.
INDUSTRIAL WASTE - any solid, liquid or gaseous substance or form of energy, which is produced as a result, whether directly or indirectly, of any industrial, manufacturing, trade or business process or activity, or in the course of developing, recovering or processing of natural resources, but not sanitary sewage.
INSTANTANEOUS LIMIT - the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE - a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: §405 of the Act (33 U.S.C. § 1345); the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901 et seq.); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act (42 U.S.C. §§ 6941 et seq.); the Clean Air Act (42 U.S.C. §§ 7401 et seq.); the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.); and the Marine Protection, Research, and Sanctuaries Act (16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.).
LOCAL LIMITS - specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
MANHOLE - a structure allowing access from the surface of the ground to a sewer.
MEDICAL WASTE - isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
MONTHLY AVERAGE - the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
MONTHLY AVERAGE LIMIT - the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
NEW SOURCE -
(1) 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 § 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is located.
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.
(c) 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.
(2) 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 subparagraph (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction program:
1) Any placement, assembly, or installation of facilities or equipment.
2) 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.
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 paragraph.
NONCOMPLIANCE - not in compliance.
NONCONTACT COOLING WATER - water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
ORDINANCE (THIS PART) - when capitalized, the term “Ordinance” refers to this Part.
OPERATOR - any person having charge, care, control or management of a pretreatment facility for industrial wastes or of a truck or trucks used in the removal, transport or disposal of sewage or industrial wastes.
OWNER - any person vested with ownership, legal or equitable, sole or partial, of an improved property.
PASS THROUGH - a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON - any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents or assigns. This definition includes all Federal, State, and local governmental entities.
pH - a measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT - any substance including, but not limited to, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POLLUTION - the contamination of any waters of the State such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; or contamination of air, soil, or of the environment so as to produce or is likely to produce similar deleterious effects.
PRETREATMENT - the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT COORDINATOR - agent of the City designated to administer the provisions of the industrial pretreatment program.
PRETREATMENT REQUIREMENTS - any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS - pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PROCESS WASTEWATER - any wastewater resulting from the direct contact of water with any raw material, intermediate product, finished product, by-product, or waste during any manufacturing process, or water other than cooling water which results from a manufacturing process.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES - absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 18-519 of this Part.
PUBLICLY OWNED TREATMENT WORKS (POTW) - a treatment works, as defined by § 212 of the Act, 33 U.S.C. § 1292, which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
QUALIFIED ANALYST - any person who has demonstrated competency in the analysis of wastewater by submission of their generally recognized documentation of competency to the City, or who is normally employed in the capacity of an analyst by a professional analytical laboratory.
REFRIGERATION - maintenance of temperature for storage, preservation of food, or as a process of manufacturing.
SANITARY SEWAGE - the normal water carried domestic wastes from any improved property, but excluding: effluent from septic tanks in cesspools; rain, snow stormwater; groundwater; or other collected water from roofs, drains or basements.
SANITARY SEWER - a sewer carrying only sanitary sewage or industrial wastes, and to which storm, surface or ground waters are not intentionally admitted.
SEPTIC TANK WASTE - any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE COLLECTION SYSTEM - all facilities of the City or any municipality party to a service agreement with the City, as of any particular time, used or usable for collecting, transporting, pumping and disposing of wastewater, which facilities are connected to and served by the sewage treatment plant.
SEWAGE TREATMENT PLANT - that portion of the sewer system owned by the Lock Haven City Authority and operated by the City, which is designed to provide treatment of wastewater and discharge of treated effluent to the environment.
SEWER - a pipe or conduit for conveying wastewater.
SEWER SYSTEM - the sewage collection system, sewage treatment plant and any sewers that convey wastewater to the sewage treatment plant. For the purposes of this Part, “sewer system” shall also include any sewers that convey wastewater to the sewage treatment plant from persons who are, by contract or agreement with the City, users of the sewer system.
SIGNIFICANT INDUSTRIAL USER (SIU) - significant industrial user is:
(1) An industrial user subject to categorical pretreatment standards.
(2) An industrial user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater).
(b) Contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.
(c) Is designated as such by [the City] on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE - a noncompliance which meets or exceeds standards of significant noncompliance determined by the City and contained in § 18- 518 of this Part.
SIGNIFICANT VIOLATOR - any industrial user in significant noncompliance.
SLUG or SLUG LOAD - any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 18-516 of this Part. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
SPILL - any discharge of pollutants resulting from the spilling, overflowing, rupture, or leakage of any storage, process or transfer container, or the control or cleanup activities associated with such an occurrence.
SPCC PLAN - spill prevention, control and countermeasure plan prepared by an industrial user to minimize the likelihood and intensity of a slug load or spill and to expedite control and cleanup activities should a slug load or spill occur.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) - a classification pursuant to the “Standard Industrial Classification Manual,” issued by the Executive Office of the President, Office of Management and Budget, 1972.
STANDARD METHODS - the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the Water Pollution Control Federation (Water Environment Federation), the American Public Health Association and the American Waterworks Association.
STATE - Commonwealth of Pennsylvania.
STORMWATER - any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUPERINTENDENT - the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Part. The term also means a duly authorized representative of the Superintendent.
TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS - the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
TOTAL TOXIC ORGANICS - the sum of all quantifiable values of various organic pollutants as determined by the City or, for certain categorical industrial users, as defined in the applicable categorical standard.
TOTAL ORGANIC MANAGEMENT PLAN - a plan submitted in lieu of testing for total toxic organics in which an industrial user specifies methods of control to assure that total toxic organics do not routinely enter the sewer system.
TOWNSHIP - The Township of Lamar, Clinton County, Pennsylvania, a municipal corporation existing under the laws of the Commonwealth of Pennsylvania, or its duly authorized agent. As referred to in this Part, “Township” also includes the City of Lock Haven unless expressly denied.
TOXIC POLLUTANTS - any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of §307(a) of the Act (33 U.S.C. § 1317(b)), or other acts, or is present in sufficient quantity, either singly or in combination with other wastewater, so as to present risk of causing interference or pass through, causing harm to humans, animals or plants or creating a hazard to persons or property, either in the sewage collection system, the sewage treatment plant or the environment into which it is released.
UNAUTHORIZED DISCHARGE - discharge of an unauthorized waste, or a discharge which otherwise is not in compliance with the requirements of the industrial pretreatment program or other rules or regulations of the City.
UNAUTHORIZED WASTE - any substance which is discharged into the sewage collection system which is not in compliance with provisions of the industrial pretreatment program or which is discharged by a person in violation of any of the provisions of this Part.
USER - any person, who contributes, causes or permits the discharge of wastewater into the sewer system.
WASTEWATER - liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER DISCHARGE PERMIT - as set forth in § 18-516 of this Part.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT - that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATERS OF THE STATE - all steams, lakes, ponds, marshes, watercourse, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State or any portion thereof.
(Ord. 7-6-2010, 7/6/2010, § 3.2)
1. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements.
2. Discharge of Stormwater. No person shall discharge or cause or permit to be discharged any stormwater, surface water, ground water, roof water, subsurface drainage or building foundation drainage into any sanitary sewer.
3. Specific Prohibitions. No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewer system. These prohibitions apply to all users, whether or not the users are subject to categorical standards or any other pretreatment requirement. No user may discharge any of the following substances to the sewer system:
A. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewer system or to the operation of the sewer system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5 percent, nor any single reading over 10 percent of the lower limit (LEL) of the meter. At no time shall the closed cup flashpoint of the wastewater be less than 140ºF (60ºC) using the methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, the following substances in concentrations which cause exceedance of the above standard: gasoline, kerosene, naphtha, benezene, ethers, alcohols, peroxides, chlorates, perchlorates, bromates and carbides.
B. Any wastewater having a pH less than 6.0 or more than 10, or wastewater having any other corrosive property capable of causing structural damage to the POTW, its equipment or personnel.
C. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the sewer system, such as, but not limited to, grease, garbage with particles greater than 1½ inches in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oils, mud or glass grinding or polishing wastes.
D. Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the sewage treatment plant or interfere with the operation of the sewer system. In no case shall a slug load be discharged.
E. Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104ºF (40ºC).
F. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through, but in no case exceeding 20 mg/l.
G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
H. Any trucked or hauled wastewater or pollutants, except at discharge points designated by the City in accordance with subsection .14 of this Section.
I. Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or are sufficient to prevent entry into the sewers for maintenance or repair.
J. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit.
K. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City or applicable State or Federal regulations.
L. Any substance which may cause the sewage treatment plant's effluent or any other product of the sewage plant such as residues, sludges, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharge to the sewer system cause the sewage treatment plant to be in non compliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or State criteria applicable to the sludge management method being used.
M. Any medical wastes, except as specifically authorized by the City in an individual wastewater discharge permit.
N. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other constituents of the wastewater, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sewage treatment plant or to exceed the limitation set forth in an applicable categorical standard.
O. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW.
P. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l.
Q. Any wastewater containing any compounds or salts of aldrin, dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxyproprionic acid or other persistent herbicides, pesticides or rodenticides.
R. Any wastewater which is incompatible with treatment processes in use at the sewage treatment plant so as to cause interference or pass through.
S. Any substance which will cause City to violate its NPDES and/ or State water quality management permit or applicable receiving water quality standards. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW.
4. Unauthorized Discharges. Discharge of any prohibited substance listed under subsection .3 of this Section shall be considered an unauthorized discharge and the City may take whatever steps are necessary to halt such a discharge, as set forth in § 18-518 of this Part.
5. National Categorical Pretreatment Standards. If the categorical standards for a particular industrial user are more stringent than local limits or other requirements imposed under this Part, then the users must comply with the categorical pretreatment standards found at 40 CFR, Chapter I, Subchapter N, Parts 405-471. The City shall notify in writing all affected industrial users of the applicable reporting requirements under 40 CFR § 403.12. The national categorical pretreatment standards are hereby incorporated into the industrial pretreatment program as Program requirements for those industrial users subject to such categorical standards.
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City may impose equivalent concentration or mass limits in accordance with subsections 5.D and .4.E of this Section (See 40 CFR 403.6(c)).
B. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the City may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users (See 40 CFR 403.6(c)(2)).
C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the City shall impose an alternate limit in accordance with 40 CFR 403.6(e).
D. The City may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the City.
E. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this Section in lieu of the promulgated categorical standards from which the equivalent limitations were derived (See 40 CFR 403.6(c)(7)). Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation (See 40 CFR 403.6(c) (8)).
G. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Superintendent within 2 business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate (See 40 CFR 403.6(c)(9)).
6. Removal Credits. Where the sewage treatment plant achieves consistent removal of pollutants limited by categorical standards, the City may apply to the approval authority for modifications of specific limits in the categorical standards if the requirements contained in 40 CFR § 403.7 are fulfilled and prior approval from the approval authority is obtained. Any such action shall be at the sole discretion of the City.
7. State Pretreatment Standards. State requirements and limitations on discharge shall apply in any case where they are more stringent than national requirements and limitations or those established under this Part.
8. Local Limits. The City Council shall establish, and review and amend from time to time, local limits which control or limit the discharge or specific pollutants by industrial users.
A. The City is authorized to establish local limits pursuant to 40 CFR 403.5(c).
B. Local limits may be established for any substance which is discharged, or likely to be discharged, to the sewer system to protect against pass through and interference; the discharge of toxic materials in toxic amounts; threats to worker health and safety; and physical, chemical or biological damage to the sewer system.
C. Local limits may limit concentration, mass or a combination of the two.
D. Local limits shall be applied to all significant industrial users and shall be included in all wastewater discharge permits. Local limits may be applied to other industrial users if deemed appropriate by the City.
E. Discharging any pollutant in excess of a local limit established for that pollutant shall constitute an unauthorized discharge. Such discharge is subject to the actions and penalties set forth herein. The City has developed technology based local limits which are specifically set forth in each wastewater discharge permit. These local limits are incorporated herein by reference, as if set forth at length.
9. The City's Right of Revision. The City reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this Part.
10. Dilution. No user shall ever increase the use of process wastewater, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The City may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.
11. Slug Loads and Spills. Each industrial user shall provide protection from spills resulting in prohibited discharges and slug load discharges. Facilities to prevent spills and slug loads shall be provided and maintained at the owner or industrial user's own cost and expense. The City shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The City may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/ slug discharge control plan shall address, at a minimum, the following:
A. SPCC Plans. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. All existing industrial users shall complete a spill prevention control and countermeasures (SPCC) plan or provide evidence that such a plan is not necessary for their facility. No industrial user who commences discharge to the sewer system after the effective date of this Part shall be permitted to introduce pollutants into the sewer system until this requirement has been fulfilled. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of the industrial pretreatment program. In the case of a spill, it is the responsibility of the industrial user to immediately telephone and notify the City of the incident. The notification shall include location of discharge, type of waste, concentration and volume, corrective actions being taken or planned and expected duration.
B. Written Notice. Within 5 days following a spill, slug load or other accidental discharge, the industrial user shall submit to the City a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system, fish kill, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this Part or applicable law.
C. Notice to Employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a spill or other accidental discharge. Employers shall insure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
D. Description of Stored Chemicals.
E. Procedures to Prevent Adverse Impact from Any Accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, 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. SIU Immediate Notification to the City. Significant industrial users are required to notify the City/Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
12. Notification Requirements; Hazardous Wastes and Hazardous Substances.
A. All industrial users shall notify the City, the EPA Regional Waste Management Division Director and the Pennsylvania Department of Environmental Protection, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR, Part 261. Such notification shall include the name of the hazardous waste, as set forth in 40 CFR, Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month, the notification shall also include the following information, to the extent that it is known and readily available to the industrial user:
(1) An identification of the hazardous constituents contained in the waste.
(2) An estimate of the mass and concentration in the wastewater of all such constituents discharged in the most recent month.
(3) An estimate of the mass and concentration of such constituents expected to be discharged during the following 12 months.
B. Industrial users that commence discharge after the effective date of this Part shall submit the report within 180 days of first discharge of the hazardous waste, except as provided in paragraph .D.
C. The required report need be submitted only once for each hazardous waste discharge. Industrial users regulated under categorical standards which have already submitted such information in baseline monitoring reports or periodic compliance reports do not have to report this information again.
D. Industrial users that discharge less than 15 kilograms of hazardous wastes in a calendar month do not have to comply with these reporting requirements. This exemption does not apply to acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e).
E. An industrial user shall notify the City within 5 days of becoming aware of any discharges of reportable quantities of listed or unlisted hazardous substances, as defined at 40 CFR § 302.4 (CERCLA hazardous substances). This notification shall include the time of release; the name of the substance; the identifying CAS number, if known; and the approximate quantity discharge. If the discharge constitutes a spill, change in wastewater constituents or slug load, other reporting requirements of the industrial pretreatment program may also apply.
F. Each notification required by this Section shall include a statement certifying that the industrial user has a program in place to reduce the volume and /or toxicity of the discharge wastes to the extent that it is economically practical. This statement shall be designed by the authorized representative of the industrial user.
13. Drainage of Water Filtration Systems. Discharge of filter backwash to the sewer system shall be regulated as follows:
A. Granular media filter backwash water may be discharged to the sewer system, subject to all of the applicable provisions of this Part.
B. Diatomaceous earth filter backwash, if discharged to the sewer system, shall be connected to the sewer system through tanks with no less than 3 months storage capacity of spent diatomaceous earth, which tanks shall be accessible for removing solid waste for disposal.
14. Trucked and Hauled Wastes.
A. Trucked or hauled waste may be introduced into the POTW only at locations designated by the City, and at such times as are established by the Superintendent. Such waste shall not violate subsections .1 through .12 of this Part or any other requirements established by the City.
B. The City may require haulers of industrial waste to obtain individual wastewater discharge permits. The City may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The City also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Part.
C. Industrial waste haulers may discharge loads only at locations designated by the City or Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable Standards. The City may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
D. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
15. Regulation of Waste Received from Other Jurisdictions.
A. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the City shall enter into an inter-municipal agreement with the contributing municipality.
B. Prior to entering into an agreement required by paragraph .A, above, the City shall request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality.
(2) An inventory of all users located within the contributing municipality that are discharging to the POTW.
(3) Such other information as the City may deem necessary.
C. An inter-municipal agreement, as required by paragraph .A, above, shall contain the following conditions:
(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 15-517 of this Part. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits.
(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the City; and which of these activities will be conducted jointly by the contributing municipality and the City.
(4) A requirement for the contributing municipality to provide the City with access to all information that the contributing municipality obtains as part of its pretreatment activities.
(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW.
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring the City access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the City.
(8) A provision specifying remedies available for breach of the terms of the inter-municipal agreement.
(Ord. 7-6-2010, 7/6/2010, § 3.3)
1. Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Part and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 18-513 of this Part within the time limitations specified by EPA, the State, or the City, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Part.
2. Additional Pretreatment Measures.
A. Whenever deemed necessary, the City may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/ or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Part.
B. The City may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.
3. Grease and Sand Traps. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the City, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired, if deemed necessary by the City, by the user at their expense.
4. Garbage Grinders. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water, shall be permitted, upon the condition that no such mechanical grinder used for commercial business purposes shall be installed until permission for such use has been obtained from the City.
5. Flammable Substances. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(Ord. 7-6-2010, 7/6/2010, § 3.4)
1. Purpose. It is the purpose of this Section to provide for the recovery of costs from industrial users of the sewer system for the implementation of the industrial pretreatment program established herein. The applicable charges or fees shall be set forth in the City's schedule of charges and fees.
2. Fees That May Be Charged. The City may adopt charges and fees which may include:
A. Fees for reimbursement of costs of setting up and operating the industrial pretreatment program.
B. Fees for monitoring, inspections and surveillance procedures.
C. Fees for reviewing accidental discharges procedures and construction.
D. Fees for wastewater discharge permit applications.
E. Fees for filing appeals.
F. Fees for consistent removal (by the sewage treatment plant) of pollutants otherwise subject to categorical standards.
G. Other fees as the City may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this Part and are separate from all other fees chargeable by the City.
(Ord. 7-6-2010, 7/6/2010, § 3.5)
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