Article 912
PUBLICLY OWNED TREATMENT WORKS PRETREATMENT REQUIREMENTS

Sections:

I. General Provisions

912.01  Purpose and policy.

912.02  Administration.

912.03  Abbreviations.

912.04  Definitions.

II. General Sewer Use Requirements

912.05  Prohibited discharge standards.

912.06  National categorical pretreatment standards.

912.07  State pretreatment standards.

912.08  Local limits.

912.09  Owner’s right of revision.

912.10  Special agreements and waivers.

912.11  Dilution.

III. Pretreatment of Wastewater

912.12  Pretreatment facilities.

912.13  Additional pretreatment measures.

912.14  Accidental discharge/slug control plans.

912.15  Hauled wastewater.

IV. Wastewater Discharge Permit Application

912.16  Wastewater analysis.

912.17  Wastewater discharge permit – Requirement.

912.18  Wastewater discharge permit – Existing connections.

912.19  Wastewater discharge permit – New connections.

912.20  Wastewater discharge permit – Changed circumstances.

912.21  Wastewater discharge permit – Application contents.

912.22  Application signatories and certification.

912.23  Wastewater discharge permit – Decisions.

V. Wastewater Discharge Permit Issuance Process

912.24  Wastewater discharge permit – Duration.

912.25  Wastewater discharge permit – Contents.

912.26  Wastewater discharge permit – Appeals.

912.27  Wastewater discharge permit – Modification.

912.28  Wastewater discharge permit – Transfer.

912.29  Wastewater discharge permit – Revocation.

912.30  Wastewater discharge permit – Reissuance.

VI. Reporting Requirements

912.31  Baseline monitoring reports.

912.32  Compliance schedule progress reports.

912.33  Reports on compliance with categorical pretreatment standard deadline.

912.34  Periodic compliance reports.

912.35  Reports of changed conditions.

912.36  Reports of potential problems.

912.37  Reports from unpermitted users.

912.38  Notice of violation – Repeat sampling and reporting.

912.39  Analytical requirements.

912.40  Periodic calibration.

912.41  Approval of analytical laboratories.

912.42  Sample collection.

912.43  Timing.

912.44  Record keeping.

VII. Compliance Monitoring

912.45  Right of entry – Inspection and sampling.

912.46  Search warrants.

VIII. Information

912.47  Confidential information.

IX. Publication of Users in Significant Noncompliance

912.48  Publication of users in significant noncompliance.

X. Administrative Enforcement Remedies

912.49  Notification of violation.

912.50  Consent orders.

912.51  Show cause hearing.

912.52  Compliance orders.

912.53  Cease and desist orders.

912.54  Administrative civil penalties.

912.55  Emergency suspensions.

912.56  Termination of discharge.

XI. Judicial Enforcement Remedies

912.57  Injunctive relief.

912.58  Civil penalties.

912.59  Criminal prosecution.

912.60  Remedies nonexclusive.

XII. Supplemental Enforcement Action

912.61  Financial assurances.

XIII. Affirmative Defenses to Discharge Violations

912.62  Upset.

912.63  Prohibited discharge standards.

912.64  Bypass.

912.65  Reservation of rights.

XIV. Pretreatment Charges and Fees

912.66  Pretreatment charges and fees.

I. General Provisions

912.01 Purpose and policy.

This article sets forth uniform requirements for users of the publicly owned treatment works from the City of Meadville and enables the City of Meadville and the Meadville area sewer authority to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code Section 1251 et seq.), the General Pretreatment Regulations (40 Code of Federal Regulations Part 403), the Pennsylvania Clean Streams Law (35 P.S. Section 691.1, et seq.), the Pennsylvania Department of Environmental Protection Standards for Discharges of Industrial Waste to POTWs (25 PA Code Section 97.91, et seq.) and NPDES Permit No. PA0026271 issued to the Meadville area sewer authority. The objectives of this article are:

(A) To prevent the introduction of pollutants into the publicly owned treatment works which interfere with operation of a POTW, including interference with its use or disposal of municipal sludge;

(B) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(C) To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(D) To improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges;

(E) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(F) To enable the Meadville area sewer authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This article shall apply to all users of the publicly owned treatment works. This article authorizes the issuance of 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. (Ord. 3514 § 1, 1998)

912.02 Administration.

It is intended that this article will be implemented, administered and enforced by the Meadville area sewer authority ("MASA" or "owner"). The City of Meadville hereby designates MASA as its representative and agent for implementation, administration and enforcement of the article and grants MASA and its duly appointed agents and representatives, such power as necessary to fully implement and enforce the provisions of the article, including without limitation the power to obtain search warrants, assess and collect civil and criminal penalties, issue enforcement orders and seek judicial enforcement. The use of the term "owner" in this article is intended to acknowledge this delegation of power and responsibility to MASA, as the owner of the publicly owned treatment works ("POTW") and is not intended to diminish or negate the city’s authority to administer and enforce the article, which powers are reserved to the city. Accordingly, the term "owner" as used in this article may also include the City of Meadville as necessary to assist MASA, as necessary to comply with federal and state laws or regulations where MASA has failed to act, or as necessary to protect the POTW or the environment where MASA has failed to act. (Ord. 3514 § 1, 1998)

912.03 Abbreviations.

The following abbreviations, when used in this article, shall have the designated meanings:

BOD Biochemical oxygen demand

CBOD Carbonaceous biochemical oxygen  demand

CFR Code of Federal Regulations

COD Chemical oxygen demand

EPA U.S. Environmental Protection Agency

gpd Gallons per day

mg/l Milligrams per liter

MASA Meadville area sewer authority

NPDES National Pollutant Discharge Elimina- tion System

POTW Publicly owned treatment works

RCRA Resource Conservation and Recovery  Act

SIC Standard industrial classification

TSS Total suspended solids

U.S.C. United States Code

(Ord. 3514 § 1, 1998)

912.04 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

(A) "Act" or "the Act" means the federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

(B) "Approval authority" means the regional administrator of EPA Region III.

(C) Authorized Representative of the User.

(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 operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if 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 subsections (C)(1) through (C)(3) may designate another 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 owner.

(D) "Biochemical oxygen demand" or "BOD" means a measure of the molecular oxygen utilized during a five-day incubation period for the biochemical degradation of organic material and the oxygen used to oxidize inorganic material, at 20 degrees Celsius.

(E) "Carbonaceous biochemical oxygen demand" or "CBOD" means a measure of the molecular oxygen utilized during a five-day incubation period for the biochemical degradation of organic material and the oxygen used to oxidize inorganic material, at 20 degrees Celsius, except that oxygen used to oxidize reduced forms of nitrogen has been prevented by an inhibitor.

(F) "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N.

(G) "Chemical oxygen demand" or "COD" means a measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant.

(H) "Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency or, where appropriate, the regional water protection division director, or other duly authorized official of said agency.

(I) "Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

(J) "Grab sample" means a sample which 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.

(K) "Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

(L) "Industrial waste" means any liquid, gaseous or water borne wastes from industrial processes or commercial establishments as distinct from sewage.

(M) "Instantaneous maximum allowable discharge limit" means the maximum concentration or mass loading limit 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.

(N) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the owner’s NPDES permit (including an increase in the magnitude or duration of a violation) 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: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

(O) "Mass loading limit" means the pounds per day (or other specific interval) of a particular pollutant allowed to be discharged to the POTW at any time.

(P) "Medical waste" means 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.

(Q) 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 Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(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 subsection (Q)(1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(a) Begun, or caused to begin, as part of a continuous on‑site construction program:

(i) Any placement, assembly, or installation of facilities or equipment; or

(ii) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

(R) "Noncontact cooling water" means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(S) "Owner" means the Meadville area sewer authority which is a municipal authority formed by the City of Meadville and the township of West Mead to own, possess and control the sanitary sewage systems of the City of Meadville and the township of West Mead and to accept wastewater from a portion of Vernon Township.

(T) "Pass through" means 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 owner’s NPDES permit, including an increase in the magnitude or duration of a violation.

(U) "Person" means any individual, partnership, copartnership, 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.

(V) "pH" means a mathematical expression of the intensity of the acidic or basic character of a solution or -log [H+].

(W) "Pollutant" means 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).

(X) "Pretreatment" means 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.

(Y) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(Z) "Pretreatment standards" or "standards" means prohibited discharge standards, categorical pretreatment standards, and local limits.

(AA) "Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in MMC 912.05.

(BB) "Publicly owned treatment works" or "POTW" means a "treatment works" as defined by Section 212 of the Act (33 U.S.C. Section 1292) which is owned by the Meadville area sewer authority. 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.

(CC) "Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

(DD) "Sewage" means human excrement and gray water (household showers, dishwashing operations, etc.).

(EE) Significant Industrial User.

(1) A user subject to categorical pretreatment standards; or

(2) A user that:

(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(b) Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(c) Is designated as such by the owner on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(3) Upon a finding that a user meeting the criteria in subsection (EE)(2) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the owner may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(FF) "Slug load" or "slug" means any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in MMC 912.05.

(GG) "Standard industrial classification (SIC) code" means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

(HH) "Stormwater" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

(II) "Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

(JJ) "User" or "industrial user" means a source of indirect discharge.

(KK) "Wastewater" means 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.

(LL) "Wastewater treatment plant" or "treatment plant" means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 3514 § 1, 1998)

II. General Sewer Use Requirements

912.05 Prohibited discharge standards.

(A) 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.

(B) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;

(2) Wastewater having a pH less than 5.0 or more than 12.5 (unless the owner has waived the upper limit), or otherwise causing corrosive structural damage to the POTW or equipment;

(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than two inches or 5.08 centimeters in any dimension;

(4) 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 POTW;

(5) Wastewater having a temperature greater than 150 degrees Fahrenheit (65.5 degrees Celsius), or 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 104 degrees Fahrenheit (40 degrees Celsius);

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(7) 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;

(8) Trucked or hauled pollutants, except at discharge points designated by the owner in accordance with MMC 912.15;

(9) 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 to prevent entry into the sewers for maintenance or repair;

(10) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations, and specifically authorized by the owner;

(11) Storm water, surface water, ground water, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the owner;

(12) Sludges, screenings, or other residues from the pretreatment of industrial wastes, and specifically authorized by the owner;

(13) Medical wastes, except as specifically authorized by the owner;

(14) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test included in the owner’s NPDES permit;

(15) Any waste which is classified as a hazardous waste under 40 C.F.R. Part 261 or applicable state regulations; and

(16) Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW or receiving waters.

Pollutants, substances, or wastewater prohibited by this section shall not be processed, handled, stored or disposed in such a manner that they could be discharged to the POTW. (Ord. 3514 § 1, 1998)

912.06 National categorical pretreatment standards.

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, are hereby incorporated, as though fully set forth herein. Copies of these standards are available for examination by the public in the office of the owner. No user shall introduce or cause to be introduced into the POTW any pollutants, substances or wastewater in violation of any federal categorical pretreatment standard applicable to such user.

(A) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the owner may impose equivalent concentration or mass limits.

(B) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the owner shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

(C) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.

(D) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. (Ord. 3514 § 1, 1998)

912.07 State pretreatment standards.

Reserved. (Ord. 3514 § 1, 1998)

912.08 Local limits.

As necessary to prevent interference with the POTW, to prevent pass through or sludge contamination with the POTW, to comply with its NPDES permit, to comply with all applicable federal and state laws and regulations, and to protect the POTW, human health and the environment, the owner may establish by ordinance, resolution, individual wastewater discharge permits, or otherwise, and review from time to time, local limits regulating the discharge of specific pollutants by users, which local limits may be more stringent than those set forth in MMC 912.05, 912.06 and/or 912.07.

(A) Local limits may be established for any substance which is discharged or is likely to be discharged to the POTW sewer system.

(B) Local limits may limit concentration, mass, or a combination of the two.

(C) Local limits may be established as necessary by the owner to prevent interference, pass through, sludge contamination, violations of the owner’s NPDES permit, or otherwise to protect the POTW, human health and the environment.

(D) Local limits may be included in individual wastewater discharge permits or otherwise applied to users as deemed appropriate by the owner.

(E) Any discharge by a user of any pollutant in excess of any applicable local limit constitutes a violation of this article. (Ord. 3514 § 1, 1998)

912.09 Owner’s right of revision.

As necessary to prevent interference with the POTW, to prevent pass through or sludge contamination with the POTW, to comply with its NPDES permit, to comply with all applicable federal and state laws and regulations, and to protect the POTW, human health and the environment, the owner reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 3514 § 1, 1998)

912.10 Special agreements and waivers.

(A) Nothing contained in this article shall be construed as prohibiting any special agreement or arrangement between the owner and any person, or for the owner to otherwise waive requirements herein, when conditions and circumstances making such special agreement(s), arrangement(s), or waiver(s) advisable and/or necessary, in the opinion of the owner, are present. In no event shall special agreement(s), arrangement(s), or waiver(s) permit any user to violate minimum federal pretreatment requirements (e.g., national categorical pretreatment standards).

(B) In no case shall a special agreement, arrangement, or waiver of local limits allow for a user to discharge any pollutant which, alone or in combination with other user-regulated discharges, would reasonably be expected to exceed the mass loadings determined by the owner as acceptable to the treatment plant based upon considerations of, among other things, interference, pass through, and sludge contamination. The owner may consider other factors (e.g., effect of the discharge on the POTW, future expansion, etc.) as it deems appropriate. In no event shall any special agreement, arrangement, or waiver allow the actual total industrial loadings to exceed the values set forth in the local limits’ analyses submitted by the owner to the EPA and approved by the EPA as part of the Meadville area sewer authority pretreatment program, if applicable.

(C) The owner may require a user requesting a special agreement, arrangement, or waiver adjusting effluent limitations to submit supporting documentation indicating why the user cannot reasonably expect to meet the effluent limitation contained in its wastewater discharge permit, setting forth an expeditious schedule for obtaining compliance with such limitations, and including such other information as the owner may require. In granting any special agreement, arrangement or waiver, the owner may impose time limitations upon any reduced requirements and a compliance schedule for achieving full compliance. In granting any special agreement, arrangement or waiver, the owner may impose any other conditions deemed necessary to implement the purposes of the regulation.

(D) If granting a special agreement, arrangement, or waiver would result in increased costs to the owner (e.g., treatment or sludge disposal costs), the owner may condition the special agreement, arrangement, or waiver upon the agreement of the user to pay those costs, and to provide security adequate in the judgment of the owner to assure payment of said costs. (Ord. 3514 § 1, 1998)

912.11 Dilution.

No user shall ever increase the use of process water, 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 owner 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. (Ord. 3514 § 1, 1998)

III. Pretreatment of Wastewater

912.12 Pretreatment facilities.

Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in MMC 912.05 within the time limitations specified by the EPA, the state, or the owner, 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 owner for review, and shall be acceptable to the owner 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 owner under the provisions of this article. (Ord. 3514 § 1, 1998)

912.13 Additional pretreatment measures.

(A) The owner 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 prevent interference, pass through and/or sludge contamination, to comply with its NPDES permit, to comply with all applicable federal and state laws and regulations and/or to protect the POTW, human health and/or the environment.

(B) The owner 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. A wastewater discharge permit may be issued solely for flow equalization.

(C) Grease, oil, and sand interceptors shall be provided by the user when, in the opinion of the owner, 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 type and capacity approved by the owner and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

(D) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 3514 § 1, 1998)

912.14 Accidental discharge/slug control plans.

The owner may require any significant industrial user to develop, submit for approval, and implement an accidental discharge/slug control plan. Alternatively, the owner may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

(A) Description of discharge practices, including nonroutine batch discharges;

(B) Description of stored chemicals;

(C) Procedures for immediately notifying the owner of any accidental or slug discharge, as required by MMC 912.36, and providing written notification within five days; and

(D) 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. (Ord. 3514 § 1, 1998)

912.15 Hauled wastewater.

(A) No load of hauled wastewater may be discharged to the POTW without the prior consent of the owner, which consent is within its sole discretion. Hauled wastewater may be introduced into the POTW only at locations designated by the owner, and at such times as are established by the owner. Such waste shall not violate Division II of this article or any other requirements established by the owner. The owner may collect samples of each hauled load to ensure compliance with applicable standards. The owner may require the wastewater hauler to sample and provide a waste analysis of any load prior to discharge.

(B) The owner may require all wastewater haulers who discharge to the POTW to obtain wastewater discharge permits. All waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the source and any known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

(C) The owner may require generators of hauled industrial waste which is discharged to the POTW to obtain wastewater discharge permits. The discharge of hauled industrial waste is subject to all other requirements of this article. (Ord. 3514 § 1, 1998)

IV. Wastewater Discharge Permit Application

912.16 Wastewater analysis.

When requested by the owner, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request or within such other time period as may be requested by the owner. The owner is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. 3514 § 1, 1998)

912.17 Wastewater discharge permit – Requirement.

(A) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the owner, except that a significant industrial user that has filed a timely application pursuant to MMC 912.18 may continue to discharge for the time period specified therein.

(B) The owner may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

(C) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in MMC 912.49 through 912.61. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal, state and local pretreatment standards or requirements or with any other requirements of federal, state, and local law. (Ord. 3514 § 1, 1998)

912.18 Wastewater discharge permit – Existing connections.

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this article and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the owner for a wastewater discharge permit in accordance with Division IV of this article, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of the ordinance codified in this article without a wastewater discharge permit issued by the owner. If a permit is not issued within the 180 days, the permit is considered to have been denied unless a modification of the 180-day period is obtained from the owner. (Ord. 3514 § 1, 1998)

912.19 Wastewater discharge permit – New connections.

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW after the effective date of the ordinance codified in this article must obtain such permit prior to the beginning or recommencing of such discharge. A complete application for this wastewater discharge permit, in accordance with MMC 912.17, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. (Ord. 3514 § 1, 1998)

912.20 Wastewater discharge permit – Changed circumstances.

Any user who is required to obtain a wastewater discharge permit due to the promulgation of a new categorical pretreatment standard, or upon the discharger being newly identified as a significant industrial user, either of which arise after the enactment of this article, shall, within 90 days after the promulgation of a new categorical pretreatment standard, or after the discharger is identified as a significant industrial user, apply to the owner for a wastewater discharge permit in accordance with this section, and shall not cause or allow discharges to the POTW to continue after 180 days of the date the user was notified of the need to make application for a permit to discharge without a wastewater discharge permit issued by the owner. If a permit is not issued within the 180 days, the permit is considered to have been denied unless a modification of the 180-day period is obtained from the owner. (Ord. 3514 § 1, 1998)

912.21 Wastewater discharge permit – Application contents.

(A) All users required to obtain a wastewater discharge permit must submit a permit application, along with a permit application fee as established from time to time by the owner. Unless the owner agrees otherwise, all users shall submit as part of an application the following information:

(1) All information required by MMC 912.31(B);

(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(3) Number and type of employees, hours of operation, and proposed or actual hours of operation;

(4) Each product produced by type, amount, process or processes, and rate of production;

(5) Type and amount of raw materials processed (average and maximum per day);

(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(7) Time and duration of discharges; and

(8) Any other information as may be deemed necessary by the owner to evaluate the wastewater discharge permit application.

(B) The owner may require any significant user applying for a permit to develop, submit for approval, and implement an accidental discharge/slug control plan as the owner deems appropriate. An accidental discharge/slug control plan shall address, at a minimum, the following:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the owner of any accidental or slug discharge, as required by MMC 912.36; and

(4) 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.

(C) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The owner reserves the right to deny a permit to any user who submits an incomplete or inaccurate application. (Ord. 3514 § 1, 1998)

912.22 Application signatories and certification.

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain 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 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.

(Ord. 3514 § 1, 1998)

912.23 Wastewater discharge permit – Decisions.

The owner will evaluate the data furnished by the user and may require additional information. The owner may deny any application for a wastewater discharge permit. If a wastewater discharge permit application is not acted upon within 180 days, it shall be deemed denied unless the time period has otherwise been extended. (Ord. 3514 § 1, 1998)

V. Wastewater Discharge Permit Issuance Process

912.24 Wastewater discharge permit – Duration.

(A) A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the owner. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(B) The terms and conditions of an expired wastewater discharge permit shall be deemed to continue in effect pending a decision on a reissued permit if (1) the discharger filed a timely complete application, and (2) the wastewater discharge permit, through no fault of the discharger, is not reissued with an effective date on or before the expiration date of the existing permit. (Ord. 3514 § 1, 1998)

912.25 Wastewater discharge permit – Contents.

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the owner to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(A) Wastewater discharge permits must contain:

(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the owner in accordance with MMC 912.28, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3) Limits, expressed in mass and/or concentration, on the average, maximum, and/or instantaneous wastewater constituents and characteristics, including limitations on the location of discharge points;

(4) Self monitoring, sampling, reporting, notification, including, but not limited to, notification to the owner of noncompliance, of new introduction of wastewater constituents, any substantial change in the volume or characteristic of the wastewater constituents being introduced into the wastewater treatment system, or anticipated changes in user production, and record keeping requirements. These requirements may include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and

(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

(B) Wastewater discharge permits may contain, but not be limited to, the following conditions:

(1) Compliance schedules, including, but not limited to, compliance schedules to meet local limits;

(2) Conditions pertaining to transfer, modification, revocation and reissuance, and termination of permits;

(3) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(4) 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;

(5) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

(6) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(7) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(8) Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(9) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

(10) Other conditions as deemed appropriate by the owner to ensure compliance with this article, and state and federal laws, rules, and regulations. (Ord. 3514 § 1, 1998)

912.26 Wastewater discharge permit – Appeals.

The owner shall provide written notice to the user or applicant of the issuance, reissuance, modification, transfer, suspension, revocation or denial of a wastewater discharge permit. Such decision is not a final administrative action for purposes of subsection (E) of this section. Any user or applicant who wishes to appeal the issuance, reissuance, modification, transfer, suspension, revocation or denial of a wastewater discharge permit shall first petition the owner to reconsider the terms of a wastewater discharge permit within 30 days of receipt of the written notification.

(A) Failure to submit a timely written petition for reconsideration to the owner shall be deemed to be a waiver of the administrative appeal. The date of submission shall be the date the owner receives the petition.

(B) 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 wastewater discharge permit.

(C) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal; however, the owner, upon its own initiative or in response to a request, may stay contested permit conditions.

(D) If the owner fails to act on a petition within 60 days, a request for reconsideration shall be deemed to be denied and shall be considered a final administrative action for purposes of subsection (E) of this section. Decisions by the owner on the petition within 60 days shall be considered final administrative actions for purposes of subsection (E) of this section.

(E) Any user or applicant seeking judicial review of the final administrative action must do so by filing a complaint with the Court of Common Pleas for Crawford County, Pennsylvania, within 30 days after the final administrative action. (Ord. 3514 § 1, 1998)

912.27 Wastewater discharge permit – Modification.

The owner may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(A) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(B) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of 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 owner’s POTW, operating personnel, or the receiving waters;

(E) Violation of any terms or conditions of the wastewater discharge permit or violation of any requirement set forth in an applicable pretreatment law, ordinance, regulation or rule;

(F) Misrepresentations 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 or operation to a new owner or operator, as provided in MMC 912.28; or

(J) Any cause set forth in MMC 912.29. (Ord. 3514 § 1, 1998)

912.28 Wastewater discharge permit – Transfer.

Unless otherwise provided by the owner, wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days’ advance notice to the owner and the owner approves the wastewater discharge permit transfer. The notice to the owner must include a complete application by the present permittee and proposed new permittee which:

(A) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

(B) Identifies the specific date on which the transfer is to occur;

(C) Acknowledges full responsibility for complying with the existing wastewater discharge permit;

(D) Any other information requested by the owner.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (Ord. 3514 § 1, 1998)

912.29 Wastewater discharge permit – Revocation.

The owner may revoke or suspend a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(A) Failure to notify the owner of significant changes to the wastewater prior to the changed discharge;

(B) Failure to provide prior notification to the owner of changed conditions pursuant to MMC 912.35;

(C) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(D) Falsifying self-monitoring reports;

(E) Tampering with monitoring equipment;

(F) Refusing to allow the owner timely access to the facility premises and records;

(G) Failure to meet effluent limitations or violation of any requirement set forth in an applicable pretreatment law, ordinance, regulation or rule;

(H) Failure to pay fines;

(I) Failure to pay sewer charges;

(J) Failure to meet compliance schedules;

(K) Failure to complete a wastewater survey or the wastewater discharge permit application;

(L) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(M) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. (Ord. 3514 § 1, 1998)

912.30 Wastewater discharge permit – Reissuance.

Unless otherwise provided by the owner, a user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with MMC 912.21, a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge permit. (Ord. 3514 § 1, 1998)

VI. Reporting Requirements

912.31 Baseline monitoring reports.

(A) Within 180 days after either the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the owner a report which contains the information listed in subsection (B) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the owner a report which contains the information listed in subsection (B) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(B) Users described above shall submit the information set forth below.

(1) Identifying Information. The name and address of the facility, including the name of the operator and owner.

(2) Environmental Permits. A list of any environmental control permits held by or for the facility.

(3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

(5) Measurement of Pollutants.

(a) The categorical pretreatment standards applicable to each regulated process.

(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the owner, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in MMC 912.39.

(c) Sampling must be performed in accordance with procedures set out in MMC 912.42.

(6) Certification. A statement, reviewed by the user’s authorized representative and certified by a professional engineer registered in the state of Pennsylvania, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in MMC 912.32.

(8) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with MMC 912.22. (Ord. 3514 § 1, 1998)

912.32 Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by MMC 912.31(B)(7):

(A) 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);

(B) No increment referred to above shall exceed nine months;

(C) The user shall submit a progress report to the owner 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, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

(D) In no event shall more than nine months elapse between such progress reports to the owner. (Ord. 3514 § 1, 1998)

912.33 Reports on compliance with categorical pretreatment standard deadline.

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 user subject to such pretreatment standards and requirements shall submit to the owner a report containing the information described in MMC 912.31(B)(4) through (6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other 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. All compliance reports must be signed and certified in accordance with MMC 912.22. (Ord. 3514 § 1, 1998)

912.34 Periodic compliance reports.

(A) All significant industrial users shall, at a frequency determined by the owner but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with MMC 912.22.

(B) All wastewater samples must be representative of the user’s discharge. 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.

(C) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the owner, using the procedures prescribed in MMC 912.39, the results of this monitoring shall be included in the report. (Ord. 3514 § 1, 1998)

912.35 Reports of changed conditions.

Each user must notify the owner of any planned significant changes to the user’s operations or system which might alter the nature, quality, including but not limited to the concentration and mass of the pollutants, or volume of its wastewater at least 30 days before the change.

(A) The owner may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under MMC 912.17.

(B) The owner may issue a wastewater discharge permit under Division IV of this article or modify an existing wastewater discharge permit under MMC 912.27 in response to changed conditions or anticipated changed conditions.

(C) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants. (Ord. 3514 § 1, 1998)

912.36 Reports of potential problems.

(A) In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the owner of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(B) Within five days following such discharge, the user shall, unless waived by the owner, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.

(C) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (A) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (Ord. 3514 § 1, 1998)

912.37 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the owner as the owner may require. (Ord. 3514 § 1, 1998)

912.38 Notice of violation – Repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the owner as soon as possible but in any event no later than 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 owner within 30 days after becoming aware of the violation. The user is not required to resample if the owner monitors at the user’s facility at least once a month, or if the owner samples between the user’s initial sampling and when the user receives the results of this sampling. (Ord. 3514 § 1, 1998)

912.39 Analytical requirements.

(A) All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

(B) Unless otherwise specified in this article, a wastewater discharge permit, notification by the owner or in an applicable federal, state or local pretreatment standard, calculations for effluent limitations which require averaging of measurements shall utilize an arithmetic mean. In calculating an average (e.g., 30‑day average), a value of zero may be used for any monitoring result indicating that the measured pollutant is not detectable or below the detection limit subject to such conditions as the owner deems appropriate. (Ord. 3514 § 1, 1998)

912.40 Periodic calibration.

Users are required to ensure that all monitoring, analytical and sampling equipment are periodically calibrated and maintained at intervals which ensure the accuracy of the measurements. (Ord. 3514 § 1, 1998)

912.41 Approval of analytical laboratories.

The owner reserves the right to approve or disapprove the use of analytical laboratories. (Ord. 3514 § 1, 1998)

912.42 Sample collection.

(A) Except as indicated in subsection (B) of this section, or as otherwise provided by the owner, the user must collect wastewater samples using composite collection techniques. In addition, grab samples may be required to show compliance with instantaneous discharge limits. In the event flow proportional sampling is infeasible, the owner may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. (Ord. 3514 § 1, 1998)

912.43 Timing.

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. 3514 § 1, 1998)

912.44 Record keeping.

Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples, the dates analyses were performed, who performed the analyses, the analytical techniques or methods used, and the results of such analyses. These records shall remain available for a period of at least five years. This period shall be automatically extended for the duration of any litigation concerning the user or the owner, or where the user has been specifically notified of a longer retention period by the owner. (Ord. 3514 § 1, 1998)

VII. Compliance Monitoring

912.45 Right of entry – Inspection and sampling.

The owner shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the owner ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(A) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the owner will be permitted to enter without delay for the purposes of performing specific responsibilities.

(B) The owner shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations and discharge.

(C) The owner may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy.

(D) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the owner and shall not be replaced. The costs of clearing such access shall be born by the user.

(E) Unreasonable delays in allowing the owner access to the user’s premises shall be a violation of this article. (Ord. 3514 § 1, 1998)

912.46 Search warrants.

If the owner has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the owner designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the owner may seek issuance of a search warrant from the district justice and/or the Court of Common Pleas of Crawford County. (Ord. 3514 § 1, 1998)

VIII. Information

912.47 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the owner inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the owner that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public to the extent possible under applicable laws, rules and regulations, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 3514 § 1, 1998)

IX. Publication of Users in Significant Noncompliance

912.48 Publication of users in significant noncompliance.

The owner shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:

(A) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(B) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(C) Any other discharge violation that the owner believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in owner exercise of its emergency authority to halt or prevent such a discharge;

(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(F) Failure to provide within 30 days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance; or

(H) Any other violation(s) which owner determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 3514 § 1, 1998)

X. Administrative Enforcement Remedies

912.49 Notification of violation.

When the owner finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the owner may serve upon that user a written notice of violation. Within the 30 days, or such other time period specified in the notice of violation, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the owner. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the owner to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 3514 § 1, 1998)

912.50 Consent orders.

The owner may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to MMC 912.52 and 912.53 and shall be judicially enforceable. (Ord. 3514 § 1, 1998)

912.51 Show cause hearing.

The owner may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the owner and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 3514 § 1, 1998)

912.52 Compliance orders.

When the owner finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the owner may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service and/or water service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 3514 § 1, 1998)

912.53 Cease and desist orders.

(A) When the owner finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the owner may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements; and

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(B) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 3514 § 1, 1998)

912.54 Administrative civil penalties.

(A) When the owner finds that an industrial user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the owner may assess a civil penalty against such user in an amount not to exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct offense. In the case of monthly or other long-term average discharge limits, civil penalties may be assessed for each day during the period of violation. The civil penalty may be assessed whether or not the violation was willful or negligent.

(B) The procedures for assessing and appealing such administrative civil penalties, and the relevant factors to be considered in assessing such penalties, shall be as set forth in the Meadville area sewer authority civil penalty assessment policy.

(C) In addition to the civil penalties provided herein, the owner may recover interest, damages, reasonable attorneys’ fees, expert witness fees, administrative or show cause proceedings costs and/or court costs, court reporter fees and other administrative enforcement, proceedings, and/or litigation expenses against the person or user found to be in violation of this article.

(D) Assessment of an administrative civil penalty hereunder shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 3514 § 1, 1998)

912.55 Emergency suspensions.

(A) The owner may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The owner may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the owner may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The owner may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the owner that the period of endangerment has passed, unless the termination proceedings in MMC 912.56 are initiated against the user.

(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the owner within five days thereof.

(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 3514 § 1, 1998)

912.56 Termination of discharge.

(A) In addition to the provisions in MMC 912.29, any user who violates the following conditions is subject to discharge termination:

(1) Violation of wastewater discharge permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(4) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or

(5) Violation of the pretreatment standards in Division II of this article.

(B) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under MMC 912.51 why the proposed action should not be taken. Exercise of this option by the owner shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 3514 § 1, 1998)

XI. Judicial Enforcement Remedies

912.57 Injunctive relief.

When the owner finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the owner may petition the Court of Common Pleas of Crawford County, Pennsylvania through the owner’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The owner may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 3514 § 1, 1998)

912.58 Civil penalties.

(A) An industrial user who has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the owner for a maximum civil penalty of not more than $25,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(B) In addition to the civil penalties provided herein, the owner may recover interest, reasonable attorneys’ fees, expert witness fees, court costs, court reporter fees, and other expenses associated with enforcement and/or litigation activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the owner.

(C) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(D) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 3514 § 1, 1998)

912.59 Criminal prosecution.

Any person who willfully violates a provision of this article or who fails or refuses to comply with any notice or order of the owner or any other authorized representative of the owner shall be guilty of a summary offense and, upon conviction, shall pay a fine not to exceed $1,000 per violation, plus costs of prosecution, including court costs and reasonable attorneys’ fees incurred by the owner in the enforcement proceedings. In default of such payment, such person shall be imprisoned for a period not to exceed 90 days. Each day or portion thereof that a violation is found to exist shall constitute a separate offense. Each section of the article violated shall also constitute a separate offense. (Ord. 3514 § 1, 1998)

912.60 Remedies nonexclusive.

The remedies provided for in this article are not exclusive. The owner may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the owner’s enforcement response plan. However, the owner may take other action against any user when the circumstances warrant. Further, the owner is empowered to take more than one enforcement action against any noncompliant user. (Ord. 3514 § 1, 1998)

XII. Supplemental Enforcement Action

912.61 Financial assurances.

The owner may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 3514 § 1, 1998)

XIII. Affirmative Defenses to Discharge Violations

912.62 Upset.

(A) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(B) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (C) of this section are met.

(C) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and the user can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

(3) The user has submitted the following information to the owner as soon as possible but in any event no later than 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:

(a) A description of the indirect discharge and cause of noncompliance;

(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(D) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(E) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(F) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 3514 § 1, 1998)

912.63 Prohibited discharge standards.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in MMC 912.05(A) or the specific prohibitions in MMC 912.05(B)(3) through (7) and (B)(9) through (14) and (16) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(A) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(B) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the owner was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 3514 § 1, 1998)

912.64 Bypass.

(A) For the purposes of this section:

(1) "Bypass" means the intentional diversion of waste streams from any portion of a user’s treatment facility.

(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(B) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (C) and (D) of this section.

(C)(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the owner at least 10 days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the owner of an unanticipated bypass that exceeds applicable pretreatment standards as soon as possible but in any event no later than 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The owner may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(D)(1) Bypass is prohibited, and the owner may take an enforcement action against a user for a bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c) The user submitted notices as required under subsection (C) of this section.

(2) The owner may approve an anticipated bypass, after considering its adverse effects, if the owner determines that it will meet the three conditions listed in subsection (D)(1) of this section. (Ord. 3514 § 1, 1998)

912.65 Reservation of rights.

Notwithstanding any other pretreatment requirements to the contrary, nothing in this article or elsewhere in the Meadville area sewer authority’s pretreatment program shall be deemed to be a legally binding commitment under the Clean Water Act, 33 U.S.C. 1251 et seq., the Clean Streams Law, 35 PA Stat 691.1 et seq., and applicable regulations (e.g., 40 CFR Part 403, Title 25 PA Code) for the owner to undertake pretreatment implementation or enforcement activities beyond the minimum otherwise required by these laws and regulations. Nevertheless, the owner maintains its discretionary authority to undertake pretreatment activities beyond the minimum required. (Ord. 3514 § 1, 1998)

XIV. Pretreatment Charges and Fees

912.66 Pretreatment charges and fees.

The owner may adopt by resolution reasonable fees for reimbursement of costs of setting up and operating the pretreatment program which may include:

(A) Fees for wastewater discharge permit applications including the cost of processing such applications;

(B) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;

(C) Fees for reviewing and responding to accidental discharge procedures and construction;

(D) Fees for filing appeals; and

(E) Other fees as the owner may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the owner. (Ord. 3514 § 1, 1998)