(A) Treatment of industrial wastes. This section sets forth uniform requirements for users of the publicly owned treatment works and enables the POTW to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. §§ 1251 et seq.) and federal pretreatment standards and requirements (40 C.F.R. Chapter I, Subchapter N). The economy and desirability of the combined treatment of industrial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial wastes can be so treated. Hence it shall be the established policy of the borough and the City of York to admit those types and quantities of industrial wastes that are not harmful or damaging to the structures, processes or operation of the sewage works or are not specifically prohibited by this subchapter. It is also recognized that to provide this service, additional facilities are required, the cost of which shall be borne by those persons receiving benefits. Additionally, the borough and the City of York and industry shall comply with federal pretreatment regulations. To correctly evaluate such users or potential users, all facilities that would otherwise be subject to categorical pretreatment regulations must submit a complete wastewater permit application at least 90 days before the commencement of operations, regardless if the facility intends to discharge wastewater or not. Each user must notify the general manager of any significant changes to the user’s operations or system that might alter the nature, quality or volume of its wastewater at least 30 days before the anticipated change.
(B) Approval required for industrial wastes.
(1) In order to control the admission of industrial waste, the discharge into any sanitary sewer of any industrial waste having the following characteristics shall be prohibited unless an industrial wastewater discharge permit is obtained:
(a) A daily average BOD concentration greater than 300 mg/l;
(b) A daily average suspended solids concentration greater than 350 mg/l;
(c) An average daily flow greater than 25,000 gallons per day of process wastewater;
(d) Any toxic pollutant that is found in concentrations greater than found in domestic sewage; or
(e) Any wastes which are considered by the general manager to offer possibilities of harm to structures, processes or operation of the sewage works or to have significant impact, either singly or in combination with other contributing industries, on the treatment process, the quality of sludge, the system’s effluent quality or air emissions generated by the system.
(2) Industries defined as significant industrial users shall be permitted and/or regulated in accordance with the federal pretreatment requirements of 40 C.F.R. Chapter I, Subchapter N. Permits shall be granted by the City of York upon the review and approval of the general manager. The City of York reserves the right to deny new or existing contributions to the system if, because of the volume or characteristics, such wastes are determined by the City of York to be detrimental to the operation of the sewage works or have the potential to cause or contribute to the violation of any laws, regulations, orders or permit conditions applicable to the borough or the City of York or the York City Sewer Authority.
(C) Survey data required. All persons who are now discharging, or are planning to discharge, industrial wastes into any sanitary sewer shall upon the request of the general manager or his or her designee, complete and file with the general manager, a permit application which furnishes pertinent data, inclusive of quantity of flow and analysis of the industrial wastes discharged, as set forth in division (D) below. Any person desiring to make a new connection, a new discharge, or a significant change in the volume, nature or rate of a discharge, shall complete and file with the general manager a permit application which furnishes pertinent or predicted data inclusive of quantity of flow and an analysis of the industrial waste to be discharged into the sewage works as set forth in division (D) below. Such permit application shall be submitted at least 120 days before the expected or change in discharge is to occur.
(D) Industrial wastewater discharge permit application.
(1) In order to receive a permit to discharge wastes requiring approval under division (B) above, a completed permit application shall be filed with the general manager.
(2) Information required for industrial users includes, but is not limited to:
(a) Identifying and contact information, including the facility name, address, and name of operator and owner;
(b) Operation information including a description of activities, facilities and plant production processes, production rates for the types of products and/or processes, number of employees and hours of operation. A schematic process diagram, facility site plans, floor plans, mechanical plans and plumbing plans may be required;
(c) A list of any state, federal or local environmental control permits held by or for the facility;
(d) The type and amount of raw materials and chemicals used or stored at the facility and the types and quantities of wastes generated;
(e) The time and duration of discharges from all processes, and the location(s) for monitoring all wastes, including, process flow measurements and wastewater flow measurement, and incoming water flow measurement and records;
(f) Results of wastewater sampling and analysis that identifies the nature and concentration (or mass) of pollutants; and
(g) A baseline monitoring report if the industrial user is subject to categorical standards and a description of any best management practices that will be utilized.
(3) Any person discharging industrial wastes into any sanitary sewer at the time of passage of this subchapter and requiring a permit shall apply within 90 days after the effective date of this subchapter. All such persons are considered to have a valid permit until such time as the city shall act upon the permit application. It shall be the duty of the industrial and commercial user to maintain operations in compliance with federal, state and local regulations.
(4) The applicant shall submit to the general manager with the permit application a nonrefundable permit application fee made payable to the City of York. Such fee shall be assessed in accordance with a schedule established by resolution of the Council of the City of York.
(5) No permit shall be granted to any person unless he or she agrees to indemnify and to save the borough, the City of York, its officers, employees and agents harmless from any and all claims, costs, damages and liabilities which may accrue or be claimed to accrue by reason of the permitted waste disposal activity. An indemnification and release shall be part of the permit application.
(E) Permit conditions and contents. Industrial wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable state, federal and local regulations, and user charges and fees established by the borough or the City of York. Where federal pretreatment regulations impose additional requirements or more stringent limits than those stated in the permit, these requirements and limits become part of the permit whether or not they are stated in the permit. The City of York and the borough reserve the right to establish by ordinance or wastewater discharge permit, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this subchapter. Permits may contain, but are not limited to, the following:
(1) Limits on the average and maximum wastewater constituents and characteristics, including best management practices;
(2) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(3) Requirements for the installation and maintenance of inspection and sampling facilities and equipment, including flow measurement and other devices, and the calibration of such devices;
(4) Specifications for self-monitoring programs that may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(5) Compliance schedules;
(6) Requirements for submission of compliance reports, self-monitoring reports and technical reports or discharge reports;
(7) Requirements for maintaining and retaining records relating to wastewater discharge for a period of not less than three years, including records documenting best management practices compliance, and affording the borough and the City of York access thereto;
(8) Requirements for notification to the borough and the City of York of any new introduction of industrial wastes, potential problems or slug discharges, or substantial change in the volume or character of the industrial wastes being introduced into any sanitary sewer;
(9) Requirements for submission of spill prevention plans, slug discharge control plans and/or requirements to control slug discharges, and implementation of best management practices (BMPs) necessary to adequately prevent accidental, unanticipated or non-routine discharges;
(10) Requirements for installation of means to prevent spills of hazardous materials, untreated waste, raw materials, intermediates or product into the sewage works;
(11) Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
(12) Requirements for the development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(13) Other conditions as deemed appropriate by the borough or the City of York to ensure compliance with this subchapter, and state and federal laws, rules and regulations; and
(14) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, permit and ordinance requirements and any applicable compliance schedule.
(F) Compliance with permits.
(1) Permit holders shall comply with the conditions of the permit and failure to do so constitutes a violation of this subchapter.
(2) Should a permit holder significantly change the volume of its discharge or change its character for any reason, he or she shall immediately notify the general manager of such changes and the general manager may require an application for a new permit.
(3) A permit may be suspended or revoked in whole or in part, or modified, by the general manager for cause including, but not limited to, the following:
(a) Violation of any terms or conditions of the permit;
(b) Obtaining the permit by misrepresentation or failure to disclose fully all relevant facts; and
(c) A change in any condition, including, but not limited to, changes in state or federal regulations or changes in the treatment process that require either a temporary or permanent reduction or elimination of the permitted discharge.
(4) All categorical industrial users are required to be regulated in accordance with federal pretreatment regulations.
(G) Permit duration and evaluation. An industrial wastewater discharge permit shall be issued for a specified time period not to exceed three years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than three years at the discretion of the general manager. A permit holder shall apply for permit reissuance by submitting a complete permit application a minimum of 120 days prior to the expiration of the existing permit. The general manager will evaluate the data furnished by the user and may require additional information. The terms and conditions of the permit may be subject to modification by the borough or the City of York during the term of the permit should changes in federal pretreatment regulations occur, changes at the facility occur, or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. The general manager may deny any application for a wastewater discharge permit. All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user. Wastewater discharge permits shall be void upon cessation of operations.
(H) Permit issuance procedures. A permit shall be issued with a minimum 30-day comment period between the issuance date and effective date. The permit holder may submit written comments on the permit conditions during the comment period for review and response by the general manager. The permit may be modified by the general manager in response to comments. Upon the expiration of the comment period, on the effective date of the permit, the permit shall become effective, subject to the right of appeal as set forth in § 51.36.
(I) Permit transfer. Industrial wastewater discharge permits are issued to a specific person for a specific operation. A wastewater discharge permit shall not be reassigned, transferred, sold, applied to different premises or a new or changed operation without the written approval of the general manager.
(J) Pretreatment. All persons using the sewage works shall provide wastewater treatment as required to comply with this subchapter and with all federal pretreatment standards, requirements and prohibitions within the time limitations specified by federal regulation or other limits that may from time to time be set by regulatory agencies.
(1) 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 general manager before such facilities are constructed. The submission 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 POTW under the provisions of this subchapter.
(2) Whenever deemed necessary, the general manager 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 wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this subchapter.
(3) The general manager may require any person discharging into the POTW to install and maintain, on his or her property and at his or her 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.
(4) Users with the potential to discharge substances harmful to the POTW, which includes the sewer system, (i.e., flammable substances, corrosive substances) may be required to install and maintain detection meters or monitoring devices.
(K) Certification of reports.
(1) Any person signing a permit application, baseline monitoring report, periodic self-monitoring report, questionnaire, compliance schedule, BMP submission or documentation, final compliance report, periodic compliance report and any other required report shall make the following certification and be signed in accordance with the signatory requirements of division (R) below:
“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 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 fine and imprisonment for knowing violations.”
(2) A facility determined to be a non-significant categorical industrial user by the general manager must annually submit the federally required certification statement regarding non-significant categorical industrial users and be signed in accordance with the signatory requirements of division (R) below.
(L) Sampling and analysis. The holder of an industrial wastewater discharge permit shall furnish the general manager with written and signed reports of sample analysis at a frequency specified in the industrial wastewater discharge permit. Data used to satisfy reporting requirements must be based on samples collected during the reporting period and must be representative of conditions during the reporting period.
(1) If a user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the general manager, the results of the monitoring shall be submitted to the City of York.
(2) Samples to be used for surcharge purposes shall be composite samples and be representative of the discharge from the facility. Grab samples may be used for surcharge purposes where the physical set-up of the facility so dictates or wastewater is collected over a period of time and is discharged as a daily basis or less frequent batch basis. Grab samples that may represent an unusual discharge from the facility may be used for surcharge purposes for the period of time and volume such discharges occurred.
(3) Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(4) Samples shall be collected, preserved and analyzed promptly, in accordance with 40 C.F.R. Part 136 to ensure accurate results. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 C.F.R. Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods approved by the EPA. Pennsylvania laboratories or facilities that test or analyze environmental samples to demonstrate compliance with an industrial wastewater discharge permit, this subchapter or pretreatment standard shall be in compliance with the laboratory accreditation requirements of Act 90 of 2002 (27 Pa.C.S. §§ 4101 through 4113) or the National Environmental Laboratory Accreditation Program (NELAP), relating to environmental laboratory accreditation. Laboratories or testing facilities outside of the state that test or analyze environmental samples to demonstrate compliance with an industrial wastewater discharge permit, this subchapter or pretreatment standard shall be in compliance with the laboratory accreditation requirements of the National Environmental Laboratory Accreditation Program (NELAP), relating to environmental laboratory accreditation.
(5) The borough or the City of York representatives may sample and inspect the waste by composite sample or by grab sample in order to verify the analysis being submitted by the industry. If the results obtained by the borough or the City of York differ from those obtained by the industrial user, the borough or the City of York will notify the industrial user and conduct confirmatory sampling and/or investigate the sampling, preservation and testing methods employed.
(6) No person shall maliciously, 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.
(7) If sampling performed by a user indicates a violation, the user must notify the general manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the general manager within 30 days after becoming aware of the violation. Where the borough or the City of York has performed the sampling and analysis in lieu of the user, the borough or the City of York must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if the borough or the City of York performs sampling of the user between the time when the initial sampling was conducted and the time when the user, the borough or the City of York receives the results of this sampling.
(M) Control manhole. Any significant industrial user, and any other industrial user that the general manager deems, discharging industrial wastes into any sanitary sewer shall construct and maintain at its expense a suitable control manhole, or manholes, downstream from any treatment storage, or other approved works, to facilitate observation, measurement and sampling of all wastes, including domestic sewage, from the establishment. The control manhole or manholes shall be placed at suitable locations to provide safe access and representative sampling. The control manhole shall comply with applicable construction standards and specifications in accordance with the general manager’s requirements and shall be constructed and maintained in such a manner to enable the placement of sampling equipment and to enable the general manager to perform monitoring activities. The control manhole shall be accessible to the general manager or his or her representatives at all times for sampling, and shall not be obstructed or located within secure areas such that the general manager cannot gain unrestricted access.
(N) Slug discharge.
(1) The person in charge of a facility shall notify the general manager or his or her designated representative immediately in the case of any upset, slug discharge or other discharge of unusual strength, volume or other characteristics, whether or not such discharge is in violation of the wastewater discharge permit. In such a case, in addition to the immediate report, the user shall submit a written report within five days of the incident specifying:
(a) Description of the upset, the cause thereof and the upset’s impact on a user’s compliance status;
(b) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
(c) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
(2) Whenever changes are made at a facility that may affect the potential for a slug discharge to occur, the user shall notify the general manager in advance, if possible, or within 24 hours of making such changes.
(O) Slug discharge control plans. The general manager shall evaluate whether each significant industrial user needs a slug discharge control plan or other action to control slug discharges. Such evaluation shall occur within one year of an industrial user being identified as significant. The general manager 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 general manager may develop such a plan for any user. The POTW may choose to require a significant industrial user to take specific, preventative physical or procedural actions instead of requiring the development of a slug control plan. Such preventative actions and any slug control plan development requirements shall be included in the SIU’s control mechanism. Any changes at a user’s facility can cause the general manager to re-evaluate the need for a slug control plan. An accidental discharge/slug discharge control plan shall address, at a minimum, the following, in addition to any other items the general manager may determine:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the general manager of any accidental or slug discharges, as required by division (N) above; and
(4) Procedures to prevent adverse impact from any accidental spills 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 run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
(P) Fees for sampling, analyses and inspections. The borough, the City of York or its designated agent shall inspect properties discharging waste other than domestic wastewater into the sewage works and obtain and analyze samples therefrom to enforce provisions of this subchapter, to comply with local, state and federal requirements, and to determine applicable surcharges. Fees for such services shall be assessed in accordance with a schedule established by administrative order based on costs. Fees for such services provided by independent laboratories shall be invoiced at cost.
(Q) Spill prevention plans. Any person storing any material in excess of the threshold planning quantity established by SARA III, the Emergency Planning and Community Right to Know Act, shall submit a spill prevention, control and countermeasure plan addressing the potential of an accidental discharge to the sewer system to the general manager for review and approval. Any industrial user storing flowable solids in bulk in excess of 500 pounds, or any liquids in excess of 100 gallons (except for water and heating oil stored for use on the premises), shall report this to the general manager annually, including the quantity and nature of each such material, and shall develop and submit a spill prevention, control and countermeasure plan if so directed by the general manager.
(R) Signatory requirements. Industrial user reports and submissions requiring signature and certification, which include, but are not limited to, permit applications, industrial questionnaires, baseline monitoring reports, compliance schedules, BMPs, final compliance reports and periodic compliance reports, shall be signed by an authorized or duly authorized representative as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this division (R)(1) a responsible corporate officer means:
(a) A president, secretary, treasurer or vice-president of the corporation in charge of a principle 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 which 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively;
(3) By a duly authorized representative of the individual designated in divisions (R)(1) or (R)(2) above if:
(a) The authorization is made in writing by the individual described in divisions (R)(1) or (R)(2) above;
(b) 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 well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the general manager of the POTW.
(4) If an authorization under division (R)(3) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of division (R)(3) above must be submitted to the general manager of the POTW prior to or together with any reports to be signed by an authorized representative.
(S) Hauled wastewater.
(1) The general manager may prohibit or accept the disposal of hauled industrial or non-industrial wastewater to the POTW. In no case shall any hazardous waste as that term is defined by the Resource Conservation and Recovery Act be discharged as hauled waste. Hauled or trucked wastewater may be introduced into the POTW only at locations designated by the general manager, and at such times as are established by the general manager. The general manager may refuse a hauler or generator the ability to discharge a particular hauled wastewater load if it cannot be determined that the load will not violate the requirements of this subchapter or any federal or state pretreatment or waste requirements, or cause interference, pass-through or biosolids contamination. The discharge of hauled wastewater is subject to all other requirements of this subchapter and applicable state and federal laws. The general manager may develop procedures to ensure compliance with this subchapter and state and federal requirements.
(2) The general manager may require the haulers and/or generators of hauled or trucked industrial or non-industrial wastewater to obtain wastewater discharge permits.
(3) No individual load may be discharged into the POTW without the prior consent of the general manager. The issuance of a permit to a hauler or generator does not constitute consent to discharge nor guarantee the ability to discharge any particular load. The general manager may collect samples of each hauled load to ensure compliance with this subchapter, any federal pretreatment standards and state and federal law. The general manager may require the industrial wastewater hauler to provide a waste analysis of any load prior to discharge.
(4) Industrial wastewater 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.
(T) Additional measures. Whenever deemed necessary, the general manager may require users to restrict their discharges during peak flow periods, designate that certain wastewater be discharged only into specified sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and/or determine the user’s compliance with the requirements of this subchapter or the user’s permit.
(U) Reports from unpermitted users. All industrial or commercial users not required to obtain a wastewater discharge permit shall provide appropriate reports to the general manager as the general manager may require.
(V) Compliance schedules. The following conditions shall apply to a compliance schedule for meeting categorical pretreatment standards under 40 C.F.R. § 403.12:
(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred above shall exceed nine months; and
(3) The user shall submit a progress report to the general manager no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for any delay, and the steps being taken by the user to return construction to the established schedule. In no event shall more than nine months elapse between such progress reports to the general manager.
(W) Reports on compliance with categorical pretreatment standard deadline.
(1) The following conditions shall apply to a compliance schedule for meeting categorical pretreatment standards under 40 C.F.R. § 403.12.
(2) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the general manager a report containing the information required for a baseline report required under 40 C.F.R. § 403.12(b)(4) through (b)(6). For industrial users subject to equivalent mass or concentration limits established by the borough or the City of York in accordance with the requirements of 40 C.F.R. § 403.6(c), this 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 in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period.
(2006 Code, § 18-204) (Ord. 2010-1, passed 12- -2010) Penalty, see § 51.99