pwd regulations chapter 5, december 2013

8/13/2019 PWD Regulations Chapter 5, December 2013

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CHAPTER 5

SEWER & WASTEWATER CONTROL

500.0 CROSS CONNECTED SEWER

LATERALS

500.1 Definitions

(a) City shall mean the City of Philadelphiaacting through its Water Department

(Department) or other City departments.

(b) Cross Connection shall mean a

connection of sewer lateral(s) to the sewer

main(s) such that a Dye Test, as herein

defined, has demonstrated that flow in the

sanitary sewer lateral discharges only to theCity’s municipal separate storm sewer

system.

(c) Dye Test shall mean a test utilizing

water-soluble dyes conducted by the City forthe purpose of investigating the discharge of

sewage into the municipal separate storm

sewer system.

(d) Internal Cross shall mean the connectionof particular plumbing fixture(s) within the

property such that a Dye Test, as herein

defined, has demonstrated that the flow from

these particular plumbing fixture(s) withinthe property discharges to the municipal

separate storm sewer system while flow

from the other plumbing fixture(s) withinthe property discharges to the sanitary

sewer.

500.2 General Policy

Cross Connections and Internal Crossesresult in the discharge of untreated sewage

into rivers and streams. Cross Connections

and Internal Crosses are public nuisances

and are prohibited by the Philadelphia Code,the Pennsylvania Clean Streams Law and

the federal Clean Water Act. The

investigation of Cross Connections and

Internal Crosses is necessary for the healthand safety of the public. The hindrance of

Cross Connection investigations or Internal

Cross investigations is prohibited. Cross

Connections or Internal Crosses that areidentified must be promptly abated.

500.3 Investigation of Cross Connections

As a condition of water and sewer service,

the City shall be permitted access to all properties for the purpose of conducting Dye

Tests and other investigations to identify

Cross Connections.

500.4 Abatement of Cross Connections

(a) When a Cross Connection has beenidentified by a Dye Test, the Department

shall notify the property owner, and the

Department shall arrange for and bear thecost of the abatement of the Cross

Connection.

(b) The property owner and any other

occupant shall cooperate with theDepartment to abate the Cross Connection.

(1) The property owner and any other

occupant shall provide the City, its agents orcontractors with access to the property for

testing, developing work orders, plumbing

repair, inspections and other necessary ordesirable work.

(2) Failure to comply with this Sectionmay result in the suspension of water service

and/or imposition of other penalties

established by law.

500.5 Investigation of Internal Crosses

As a condition of water and sewer service,the City shall be permitted access to all

properties for the purpose of conducting Dye



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Tests and other investigations to identifyInternal Crosses.

500.6 Abatement of Internal Crosses

(a) Except as provided in Section 500.6(e)of these Regulations, when an Internal Crosshas been identified at a property, the property owner shall arrange and bear thecost of the abatement of the Internal Cross.

(b) Internal Crosses shall be abated withinthirty (30) days from the date of notification by the City, or such shorter period asdetermined necessary by the City to protect public health and safety or the environment.

The City’s notification shall state the time period granted for abatement. Failure to promptly abate the Internal Cross may resultin the suspension of water service and/or theimposition of other penalties established bylaw.

(c) The property owner and any otheroccupant shall provide the City, its agents orcontractors with access to the property fortesting, developing work orders, plumbingrepair, inspections and other necessary ordesirable work.

(d) Failure to comply with this Regulationmay result in the suspension of water serviceand/or imposition of other penaltiesestablished by law.

(e) Subject to the availability of funds, theowner of a property where an Internal Crosshas been identified may be eligible for theWater Department assistance program if that property owner can satisfy the conditions setforth in Sections 200.2(a)(c)(e) and (f),Section 200.3, and Section 200.4 of theseRegulations.

501.0 WASTEWATER CONTROL

Whereas, the Philadelphia Home RuleCharter, Section 5-800 et seq. mandates thatthe Philadelphia Water Department operate

the City of Philadelphia (“City”) watersupply and wastewater system; and

Whereas, the Philadelphia WaterDepartment must ensure sound and safeoperation of the City wastewater treatment plants and sewer system (“WastewaterSystem”); and

Whereas, the Federal Clean Water Actrequires that the City prevent the

introduction of pollutants into the CityWastewater System which will interferewith the operation of the Wastewater Systemor contaminate the resulting sludge; and

Whereas, an objective of the Federal CleanWater Act requires that the City prevent theintroduction of pollutants into the CityWastewater System which will pass throughthe Wastewater System, inadequatelytreated, into receiving waters or atmosphereor otherwise be incompatible with theWastewater System; and

Whereas, an objective of the Federal CleanWater Act is to improve the opportunity torecycle and reclaim wastewater and sludgefrom the Wastewater System.

Now therefore, the City of PhiladelphiaWater Department promulgates theseWastewater Control Regulations(“Regulations”).

501.1 Purpose and Policy

The purposes of these Regulations are:

(a) To set forth uniform requirements fordirect and indirect contributors to the City



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Wastewater System owned and operated bythe City of Philadelphia and to enable theCity to comply with all applicable state andfederal laws required by the Clean WaterAct, the General Pretreatment Regulations

(40 CFR Part 403) and the NationalCategorical Pretreatment Standards (40 CFRChapter I, Subchapter N).

(b) To prevent the introduction of pollutantsinto the City Wastewater System which will:

(1) interfere with the operation of theWastewater System;

(2) contaminate the resulting sludge;

(3) cause the Wastewater System toviolate its National Pollutant DischargeElimination System (“NPDES”) d ischarge permit;

(4) pass through the WastewaterSystem, inadequately treated, into receivingwaters or the atmosphere; or

(5) be otherwise incompatible withthe Wastewater System.

(c) To improve the opportunity to recycleand reclaim wastewaters and sludges fromthe Wastewater System. These Regulations provide for the regulation of direct andindirect contributors to the City WastewaterSystem through the issuance of permits tocertain non-domestic users and IndustrialUsers and through enforcement of generalrequirements for other Users: theRegulations authorize monitoring andenforcement activities and require Userreporting and compliance schedulesubmissions.

501.2 Definitions

Unless the context specifically indicatesotherwise, the following terms and phrases,as used in these Regulations, shall have the

following meanings:

(a) Act or “the Act” or Clean Water Act:Federal Water Pollution Control Act, asamended by the Federal Water PollutionControl Act Amendments of 1972, the CleanWater Act of 1977 and the Water QualityAct of 1987, and any subsequentamendments thereto.

(b) Approval Authority: The Director in an

NPDES state with an approved StatePretreatment Program and the Administratorof the EPA in a non-NPDES state or NPDESstate without an Approved StatePretreatment Program.

(c) Authorized Representative of IndustrialUser:

(1) In the case of a corporation, a president, secretary, treasurer or vice president of the corporation who is in chargeof a principal business function;

(2) In the case of a partnership or proprietorship, a general partner or proprietor; and

(3) A duly authorized representative ofthe individual designated above if:

(A) such representative isresponsible for the overall operation of thefacilities from which the indirect dischargeinto the Publicly Owned Treatment Works(“POTW”) originates;

(B) the authorization is inwriting; and



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(C) the written authorization issubmitted to the City.

(d) Best Management Practices or BMPs:Management practices that are implemented

to comply with any Pretreatment Standard orRequirement. Such activities include, but arenot limited to, schedules of activities, prohibitions of practices, and maintenance procedures.

(e) Biochemical Oxygen Demand or BOD5:The quantity of oxygen utilized in the biochemical oxidation of organic matterunder standard laboratory procedure for five(5) days at 20 degrees Celsius expressed in

terms of concentration (milligrams per liter(mg/l).

(f) Building Sewer: A private sewerconveying wastewater from the premises ofa User to the City Wastewater System.

(g) Bypass: The intentional diversion ofwastestreams from any portion of anIndustrial User's pretreatment facility.

(h) Categorical Standards: NationalCategorical Pretreatment Standards.

(i) City: The City of Philadelphia, including, but not limited to, the Philadelphia WaterDepartment.

(j) Collector System: All piping leading to atreatment plant, including those pipesconnected to a combined sewer overflowthat lead directly to a receiving stream.

(k) Commissioner: The WaterCommissioner of the City of Philadelphia orhis designee.

(l) Commonwealth: The Commonwealth ofPennsylvania.

(m) Composite Sample: A series of samples based on time (time-proportioned) or flow(flow-proportioned), taken over a given period of time and combined in a singlereservoir to determine pollutant level(s).

(n) Cooling Water: The water dischargedfrom any use such as air conditioning,cooling or refrigeration, or to which the only pollutant added is heat and which does notcontain a level of contaminants detectablyhigher than that of the source of the water.

(o) Daily Maximum: The maximumallowable discharge of a pollutant during acalendar day or other twenty-four (24) hour

period as allowed by the POTW. Wheremaximum limitations are expressed in unitsof mass, the daily discharge is the total massdischarged over the course of a day. Wheredaily maximum limitations are expressed interms of concentration, the daily discharge isthe arithmetic average of all measurementstaken that day.

(p) Direct Discharge: The discharge oftreated or untreated wastewater directly tothe waters of the Commonwealth which mayoccur through the City's stormwater conduitsor combined sewer outfall structures.

(q) Effluent Data: For any user dischargingwastewater to the City’s sewer system,effluent data shall mean:

(1) Information necessary todetermine the identity, amount, frequency,concentration, temperature, or othercharacteristics (to the extent related to waterquality) of any pollutant which has beendischarged by the source (or of any pollutantresulting from any discharge from thesource), or any combination of theforegoing;



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(2) Information necessary todetermine the identity, amount, frequency,concentration, temperature, or othercharacteristics (to the extent related to waterquality) of the pollutants which, under an

applicable standard or limitation, the sourcewas authorized to discharge (including, tothe extent necessary for such purpose, adescription of the manner or rate ofoperation of the source); and

(3) A general description of thelocation and/or nature of the source to theextent necessary to identify the source andto distinguish it from other sources(including, to the extent necessary for such

purposes, a description of the device,installation, or operation constituting thesource).

(r) Environmental Protection Agency orEPA: The United States EnvironmentalProtection Agency, or where appropriate theterm may also be used as a designation forthe Administrator or other duly authorizedofficial of said agency.

(s) Grab Sample: A sample which is takenfrom a wastestream on a one-time basis, infifteen (15) minutes or less, and with noregard to the volume of flow of thewastestream.

(t) Holding Tank Waste: Any waste fromholding tanks such as vessels, chemicaltoilets, campers, trailers, septic tanks, andvacuum-pump tank trucks.

(u) Indirect Discharge: The discharge or theintroduction of pollutants, including HoldingTank Waste, into the POTW.

(v) Industrial User or User: Any person thatintroduces or has the potential to introducean Indirect Discharge regulated under theAct, State or local law, to the POTW.

(w) Interference: A discharge which, aloneor in conjunction with a discharge ordischarges from other sources:

(1) inhibits or disrupts the POTW, itstreatment processes or operations, or itssludge processes, use or disposal; and

(2) is a cause of a violation of anyrequirement of the City's NPDES permit(including an increase in the magnitude orduration of a violation) or of the preventionof sewage sludge use or disposal incompliance with the following statutory provisions and regulations or permits issued

thereunder (or more stringent State or localregulations): Section 405 of the Clean WaterAct, the Solid Waste Disposal Act (SWDA)(including Title II, more commonly referredto as the Resource Conservation andRecovery Act (RCRA), and including Stateregulations contained in any State sludgemanagement plan prepared pursuant toSubtitle D of the SWDA), the Clean Air Act,the Toxic Substances Control Act, and theMarine Protection, Research and SanctuariesAct.

(3) In addition, Interference shallmean any of the following:

(A) the introduction of pollutantsinto the POTW which alone or inconjunction with other discharges, inhibitsor disrupts the process, operations ormaintenance of the POTW, or causes anevacuation of any POTW personnel,whether or not it causes or contributes to aviolation of the City's NPDES Permit; or

(B) the introduction of pollutants,either alone or in conjunction with otherdischarges, which when reaching theTreatment Plant, inhibits, disrupts or limitsthe Solid Waste Byproducts disposal options



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available to the POTW, whether or not itcauses or contributes to a violation ofSection 405 of the Act, the Solid WasteDisposal Act or any other law or regulationregulating Solid Waste Byproducts; or

(C) the introduction of pollutantsinto the City's Collector System, whichalone or in conjunction with otherdischarges, inhibits, disrupts or adverselyaffects the operations or maintenance of theCollector System.

(x) Monthly Average: The arithmetic meanof the daily values for effluent samplescollected over a calendar month.

(y) National Categorical PretreatmentStandards: Any regulation containing pollutant discharge limits promulgated bythe EPA in accordance with Sections 307(b)and (c) of the Act (33 USC 1317) whichapplies to a specific category of IndustrialUsers and Pretreatment Standards as published in 40 CFR Chapter I, Sub Chapter N.

(z) National Pollutant Discharge EliminationSystem or NPDES Permit: A permit issued pursuant to Section 402 of the Act (33 USC1342).

(aa) National Prohibitive DischargeStandard or Prohibitive Discharge Standard:Any regulation developed under theauthority of Section 307(b) of the Act and40 CFR Part 403.5.

(bb) New Source:

(1) Any building, structure, facilityor installation from which there is or may bea discharge of pollutants, the construction ofwhich commenced after the publication of proposed Pretreatment Standards undersection 307(c) of the Act which will be

applicable to such source if such Standardsare thereafter promulgated in accordancewith that section, provided that:

(A) the building, structure,

facility or installation is constructed at a siteat which no other source is located; or

(B) the building, structure,facility or installation totally replaces the process or production equipment that causesthe discharge of pollutants at an existingsource; or

(C) the production or wastewatergenerating processes of the building,

structure, facility or installation aresubstantially independent of an existingsource at the same site.

(2) Construction on a site at whichan existing source is located results in amodification rather than a New Source if theconstruction does not create a new building,structure, facility or installation meeting thecriteria of Section 501.2(bb)(1)(B) orSection 501.2(bb)(1)(C), but otherwisealters, replaces, or adds to existing processor production equipment.

(3) Construction of a new source asdefined in Section 501.2(bb)(1) and Section501(bb)(2) has commenced if the owner oroperator has either:

(A) begun or caused to begin as part of a continuous onsite construction program:

(i) any placement, assembly, orinstallation of facilities or equipment; or

(ii) significant site preparationwork including clearing, excavation, orremoval of existing buildings, structures, orfacilities which is necessary for the



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placement, assembly, or installation of newsource facilities or equipment.

(B) or entered into a bindingcontractual obligation for the purchase of

facilities or equipment which are intended to be used in its operation within a reasonabletime. Options to purchase or contracts whichcan be terminated or modified withoutsubstantial loss, and contracts for feasibility,engineering, and design studies do notconstitute a contractual obligation under this paragraph.

(cc) Non-Domestic Users: Commercial,industrial or municipal users who discharge

to the POTW.

(dd) Pass Through: A discharge which exitsthe POTW to the receiving stream or itsatmosphere in quantities or concentrationswhich alone or in conjunction with otherdischarges is a cause of a violation of anyrequirement of the City’s NPDES permit ora violation of any air emission standard set by the Clean Air Act, State or local rules andregulations governing emissions to the air(including an increase in the magnitude orduration of a violation).

(ee) Person: Any individual, partnership, co- partnership, firm, company, corporation,association, joint stock company, trust,estate, governmental entity or any otherlegal entity, or their legal representatives,agents or assigns. The masculine gendershall include the feminine, the singular shallinclude the plural where indicated by thecontext.

(ff) pH: The negative logarithm (base 10) ofthe concentration of hydrogen ionsexpressed in moles per liter of solution.

(gg) Pollution: The man-made or man-induced alteration of the chemical, physical,

biological, and/or radiological integrity ofwater.

(hh) Pollutant: Any dredged spoil, solidwaste, incinerator residue, sewage, garbage,

sewage sludge, munitions, chemical wastes, biological materials, radioactive materials,heat, wrecked or discarded equipment, rock,sand, cellar dirt, industrial, municipal, andagricultural waste or any other contaminantdischarged into water.

(ii) Pretreatment or Treatment: Thereduction of the amount of pollutants, theelimination of pollutants, or the alteration ofthe nature of pollutant properties in

wastewater to a less harmful state prior to orin lieu of discharging or otherwiseintroducing such pollutants into a POTW.The reduction, elimination or alteration can be obtained by physical, chemical or biological processes, process changes, orother means, except as prohibited by Section501.3(b)(20)(G).

(jj) Process Wastewater: Any water which,during manufacturing or processing, comesinto direct contact with or results from the production or use of any raw material,intermediate product, finished product, byproduct, or waste product.

(kk) Pretreatment Standards orRequirements: Any substantive or procedural requirement related to pretreatment, including, but not limited to,those requirements found in the Clean WaterAct, the General Pretreatment Regulations(40 CFR Part 403), the National CategoricalPretreatment Standards, the ResourceConservation and Recovery Act (42 USC6901 et seq.), the Solid Waste ManagementAct (35 P.S. 6018.101 et seq .) as they relateto the proper disposal of pretreatmentsludges, these Regulations and any orderissued under these Regulations, the



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Industrial User's Wastewater DischargePermit and any other federal, state or locallaw or regulation which regulates dischargesto the POTW.

(ll) Publicly Owned Treatment Works orPOTW: A treatment works as defined bySection 212 of the Act (33 USC 1292)which is owned by the City including anydevices and systems used in the storage,treatment, recycling or reclamation ofmunicipal sewage and industrial waste. Thisdefinition includes any sewers that conveywastewater to the POTW Treatment Plant, but does not include pipes, sewers or otherconveyances not connected to a facility

providing treatment. For the purposes of thisregulation, "POTW" shall also include anysewers that convey wastewater to the POTWfrom persons outside the City who are, bycontract or agreement with the City, users ofthe City's POTW.

(mm) POTW Treatment Plant or TreatmentPlant: That portion of the POTW designedto provide treatment to wastewater.

(nn) Shall is mandatory; May is permissive.

(oo) Significant Industrial User: The termSignificant Industrial User shall mean thefollowing:

(1) any Industrial User subject to any National Categorical Pretreatment Standard;or

(2) any Industrial User that dischargesan average of 25,000 gallons per day ormore of process wastewater to the POTW(excluding sanitary, non-contact cooling and boiler blowdown wastewater) or contributesa process wastestream which makes up five percent (5%) or more of the average dryweather hydraulic or organic capacity of thePOTW Treatment Plant; or

(3) any Industrial User that is found bythe City, DEP or EPA to have a reasonable potential, either alone or in conjunction withother discharges, to adversely affect the

POTW, the Collector System, the SolidWaste Byproducts of the POTW, or airemissions from the POTW.

(pp) Solid Waste Byproducts: Materialsrelated to POTW operations which include, but are not limited to, grit, scum, screenings,incinerator ash, sludge and dredge spoils.

(qq) Spill or Slug Discharge: Any dischargeof a non-routine, episodic nature, including,

but not limited to, an accidental spill or non-customary batch discharge, or any dischargeat a flow rate or concentration which couldcause a violation of the prohibited dischargestandards found in Section 501.3, Section501.4 and Section 501.5 of theseRegulations.

(rr) State: The Commonwealth ofPennsylvania.

(ss) Standard Industrial Classification (SIC):A classification pursuant to the StandardIndustrial Classification Manual issued bythe Executive Office of the President, Officeof Management and Budget, 1972, asamended.

(tt) Stormwater: Any flow occurring duringor following any form of natural precipitation and resulting therefrom.

(uu) Suspended Solids: The total suspendedmatter that floats on the surface of, or issuspended in water, wastewater or otherliquids, and which is removable bylaboratory filtering, expressed in terms ofconcentration (milligrams per liter (mg/l)).



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(vv) Toxic Pollutant: Any pollutant orcombination of pollutants listed as toxic pursuant to Pennsylvania Statutes and Rules,Section 307(a) of the Act or other Federalstatutes.

(ww) Wastewater: The liquid and water- borne wastes from dwellings, commercial buildings, industrial facilities, utilitystructures, institutions and construction sites,together with any groundwater, surfacewater and stromwater that may be present, whether treated or untreated.

(xx) Waters of the Commonwealth: Allstreams, lakes, ponds, marshes,

watercourses, waterways, wells, springs,reservoirs, aquifers, irrigation systems,drainage systems and all other bodies oraccumulations of water, surface orunderground, natural or artificial, public or private, which are contained within, flowthrough, or border upon the Commonwealthor any portion thereof.

(yy) Wastewater Discharge Permit orPermit: As set forth in Section 502.1 ofthese Regulations.

(zz) Abbreviations --The followingabbreviations shall have the designatedmeanings:

(1) BOD5: Five-day BiochemicalOxygen Demand

(2) BMP: Best ManagementPractice.

(3) CERCLA: ComprehensiveEnvironmental Response, Compensation andLiability Act. (42 USC 9601 et seq., asamended)

(4) CFR: Code of FederalRegulations

(5) DEP: Pennsylvania Departmentof Environmental Protection

(6) EPA: United States

Environmental Protection Agency

(7) l: Liter

(8) mg: Milligrams

(9) mg/l: Milligrams per liter

(10) NAICS: North AmericanIndustry Classification System

(11) NPDES: National PollutantDischarge Elimination System

(12) POTW: Publicly OwnedTreatment Works

(13) RCRA: Resource Conservationand Recovery Act

(14) SIC: Standard IndustrialClassification

(15)SIU: Significant Industrial User

(16) SWDA: Solid Waste DisposalAct, 42 USC 6901 et seq.

(17) TSS: Total Suspended Solids

(18) USC: United States Code

501.3 General Discharge Prohibitions

(a) No User shall contribute or cause to becontributed, directly or indirectly, to thePOTW any pollutant or wastewater whichwill pass through or interfere with theoperation or performance of the POTW.These general prohibitions apply to all Usersof the POTW whether or not the User is



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subject to Federal Categorical PretreatmentStandards or any other Federal, State, orlocal Pretreatment Standards orRequirements.

(b) No User shall contribute the followingsubstances to any POTW:

(1) any liquids, solids or gases which by reason of their nature or quantity are, ormay be, sufficient either alone or byinteraction with other substances to causefire or explosion or be injurious in any otherway to the POTW or to the operation of thePOTW. At no time shall the atmosphere ina private sewer leading to a POTW structure

exceed 25% Lower Explosive Limit (LEL)unless the User can demonstrate that such adischarge does not create at the point ofdischarge into the POTW or at any other point in the POTW a reading over 10% LELas measured by an explosimeter. Prohibitedmaterials include, but are not limited to, anysubstances which can create a fire orexplosion hazard to the POTW;

(2) solid or viscous substances whichmay cause obstruction to the flow in a seweror other interference with the operation ofthe wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than one-half inch (1/2") inany dimension, animal guts or tissues, paunch, manure, bones, hair, hides orfleshings, entrails, whole blood, feathers,ashes, cinders, sand, spent lime, stone ormarble dust, metal, glass, straw, shavings,grass clippings, rags, spent grains, spenthops, waste paper, wood, plastics, tar,asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, orglass grinding or polishing wastes or anymaterial which can be disposed of as trash;

(3) any wastewater having a pH lessthan 5.5 or higher than 12.0 as measured by

a grab sample or wastewater having anyother corrosive property capable of causingdamage or hazard to structures, equipment,and/or personnel of the POTW;

(A) No Industrial User measuring pH continuously at the point of dischargeshall discharge wastes having a pH lowerthan 5.5 or higher than 12.0 at any timeexcept for a period not to exceed a total offive (5) minutes in any one (1) hour period.In the event that a discharge of a pH lowerthan 5.5, or higher than 12.0 for a periodexceeding five (5) minutes occurs, theIndustrial User must demonstrate that the pHwill not exceed the range of 5.5 to 10.0 at a

down stream point designated by the City. Inno case may the Industrial User's dischargecontain a pH less than 5.0 at the point ofdischarge into the POTW.

(B) In the event that the influentwastewater flow arriving at a TreatmentPlant is outside the pH range of 6.5 to 8.5,the City may limit the Industrial Users tothat Treatment Plant to a pH range of 6.0 to9.0, upon oral or written notice, for as longas the City deems necessary.

(4) any wastewater containing pollutants which may, either singly or byinteraction with other pollutants:

(A) injure, adversely affect orinterfere with any wastewater treatment process; or

(B) constitute a hazard to humansor other biota, or may create an adverseeffect in the receiving waters of the POTW,as determined through biomonitoringconducted on the POTW’s effluent orthrough in-stream monitoring; or

(C) violate any provision of theFederal Clean Air Act (42 USC 7401 et



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seq.) as amended, or local air qualityregulations;

(%) any noxious or malodorousliquids, gases, or solids which either singly

or by interaction with other wastes aresufficient to create a public nuisance orhazard to life or may result in toxic gases,vapor or fumes or are sufficient to prevententry into the POTW for maintenance andrepair without respiratory protection or other personal safety equipment;

(6) any substance which may cause thePOTW’s effluent or any other product of thePOTW such as residues, sludge, or scum, to

be unsuitable for reclamation and reuse or tointerfere with the reclamation process. In nocase shall a substance discharged to thePOTW cause the City to be in non-compliance with sludge use or disposalcriteria, guidelines or regulations developedunder Section 405 of the Act, nor anycriteria, guidelines, or regulations affectingsludge use or disposal developed pursuant tothe Solid Waste Disposal Act, the Clean AirAct, the Toxic Substances Control Act, orState criteria applicable to the sludgemanagement methods being used by City;

(7) any substance which will cause theCity to violate its NPDES and/or StateDisposal System Permit or the receivingwater quality standards;

(8) any wastewater with objectionablecolor not removed in the treatment process,including, but not limited to, dye wastes andvegetable tanning solutions;

(9) any wastewater having atemperature which will inhibit biologicalactivity in the POTW Treatment Plantresulting in Interference, but in no casewastewater with a temperature at theintroduction into the POTW which exceeds

60°C (140°F) or which shall cause the

wastewater entering the POTW TreatmentPlant to exceed 40°C (l04ºF);

(10) any pollutants, including oxygen

demanding pollutants and suspended solidsreleased at a flow rate and/or pollutantconcentration which a User knows or hasreason to know will cause Interference orPass Through to the POTW. In no case shalla slug load have a flow rate or containconcentrations or quantities of pollutantsthat exceed for any time period longer thanfifteen (15) minutes more than five (5) timesthe average twenty-four (24) hour permittedconcentration, quantities, or flow during

normal operation;

(11) any wastewater containing anyradioactive wastes or isotopes of such halflife or concentrations as may exceed limitsestablished by the City in compliance withapplicable State or Federal regulations;

(12) any wastewater which causes ahazard to human life or creates a publicnuisance;

(13) any wastewater containing motoroils or lubricants removed from vehicles orother machinery;

(14) any wastewater containingsubstances which may solidify or becomeviscous at temperatures between 0° C (32°F) and 65 °C (149°F);

(15) any wastewater containing inexcess of 100 mg/l of fats, oils and greasesof mineral, petroleum or unknown origin atany time as shown by grab sample;

(A) Wastewaters discharged tothe POTW shall contain no floatable or non-mulsified fats, oils and greases of animal orvegetable origin. Specific numerical limits



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for these pollutants may be placed in anIndustrial User's Wastewater DischargePermit if found by the City to be necessary.Wastewater shall in no case containconcentrations of these pollutants high

enough to cause Interference or PassThrough. The limits for both fats, oils andgreases of mineral, petroleum or unknownorigin and of animal or vegetable origin may be reduced by the City without amendingthese Regulations where the existing limitscause adverse impacts to the CollectorSystem and/or POTW.

(16) any sludges from septage orholding tanks without prior written approval

of the City;

(17) any wastewater which because ofits chemical nature or composition causesthe sewer atmosphere to contain airbornechemical concentrations in excess ofconcentrations established by the U.S.Department of Labor, Occupational Safetyand Health Administration (OSHA) under29 CFR Part 1910, regardless of duration ofexposure experienced by any individual,whether a City or contractor's employee,unless written authorization is granted by theCommissioner;

(18) wastewater which may create afire or explosive hazard in the POTW,including, but not limited to, wastewaterwith a closed-cup flashpoint of less than60°C (140 ºF) using the test methodsspecified in 40 CFR 261.21; or

(19) any wastewater which, alone or inconjunction with any other discharges,causes foam anywhere in the TreatmentPlant or its effluent.

(20) In addition, the followingactivities are prohibited:

(A) No person shall dischargewastewater, pollutants, chemicals or anyother substance or contaminant into streetinlets or through sewer manholes withoutthe prior written approval of the City.

(B) No person who generateswastewater at one property shall discharge itat another property without prior writtenapproval from the City.

(C) No person shall dischargewastewater in quantities or at rates of flowwhich may have an adverse or harmfuleffect on or overload the City's sewer systemor Treatment Plants or cause excessive or

additional treatment costs or renderinaccurate or interfere with the function ofsewer metering devices.

(D) No person shall discharge awastewater flow contributing greater than2,500 pounds per day of five (5) day biochemical oxygen demand, or contributinggreater than 1,750 pounds per day ofsuspended solids or having a volume inexcess of three (3) million gallons per daywithout prior written approval of the City.

(E) No person shall store orhandle any material, including hazardoussubstances defined by CERCLA, in any areadraining to the City Wastewater System, because discharge or leakage from suchstorage or handling may create an explosionhazard in the sewer system or TreatmentPlants or may constitute a hazard to human beings or animals or the receiving stream, ormay in some other way have a deleteriouseffect upon the Treatment Plants. Suchstorage or handling shall be subject toreview by the City, and shall require a spillcontrol plan with reasonable safeguards to prevent discharge or leakage of suchmaterials into the sewers.



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(F) Industrial Users processingregulated wastestreams through their pretreatment facilities shall not bypass such pretreatment facilities unless they notify theCity in writing and obtain prior written

approval from the City.

(G) No person shall increase theuse of potable water, groundwater,rainwater, river water or process water or inanyway attempt to dilute an effluent as a partial or complete substitute for adequatetreatment to achieve compliance with anyPretreatment Standards or Requirements.

501.4 General Pretreatment Regulations

and National Categorical PretreatmentStandards:

All users shall comply with all provisionscontained in the General PretreatmentRegulations (40 CFR Part 403) as amended,and if applicable, National CategoricalPretreatment Standards (40 CFR Chapter I.Subchapter N) as amended. Any limitationsimposed under the General PretreatmentRegulations or the National CategoricalPretreatment Standards which are morestringent than the limitations in theseRegulations shall supersede the limitationsimposed under these Regulations.

(a) Modification of Federal CategoricalPretreatment Standards: Where the City’sWastewater System achieves consistentremoval of pollutants limited by FederalPretreatment Standards, the City may applyto the Approval Authority for modificationof specific limits in the Federal PretreatmentStandards of an Industrial User or a wholecategory.

501.5 Specific Pollutant Limitations

(a) No person shall discharge the followingsubstances in excess of the concentrations,

in milligrams per liter, (mg/l), as expressed below:

Daily MonthlySubstance Maximum Average

arsenic 0.15 0.10

cadmium 0.2 0.1

chromium (total) 7.0 4.0

copper 4.5 2. 7

cyanide (total) 10.0

lead 0.69 0.43

mercury 0.01 0.005

nickel 4.1 2.6

selenium 0.2 0.1

silver 0.43 0.24

zinc 4.2 2.6

(b) No person shall discharge any of thesubstances listed below to the POTWwithout obtaining prior written approval ofthe City.

AcrylonitrileAldrinAlpha BHCAluminumBenzeneBenzo (a) pyreneBenzotrichlorideBerylliumBis(2-ethylhexyl)phthalate (DEHP)BromobenzeneBromodichloromethaneBromoformCarbon tetrachloride



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ChlordaneChlorobenzeneChlorodibromomethaneChloroethaneChloroform

2-ChlorophenolCumene (Isopropylbenzene)DDT/DDE/DDDDibutylphthalateDichlorobromomethane bis (2-chloroethyl) etherDieldrinDioxinsDimethyl Sulfoxide (DMSO)DimethylnitrosamineEthylbenzene

HeptachlorHexachlorobutadieneHexachlorobenzeneIronLindaneDichlorobenzeneMethyl chloride (Chloromethane)Methyl Ethyl KetoneMethyl Isobutyl KetoneMolybdenumXyleneso-Chlorotolueneo-Dichlorobenzene p-Dichlorobenzene p-ChlorotoluenePhenanthrenePhenolsPyreneStyreneTetrachloroethylene (Perchloroethylene)TitaniumTolueneToxaphene (chlorinated camphene)TrichloroethyleneVinyl chlorideTetrachloroethane1,1,2-TrichloroethaneDichloroethane1,1-Dichloroethlyene1,1-Dichloropropene

trans-1,2-Dichloroethylene1,2,3-Trichloropropanecis-1,2-Dichloroethylene1,2-Dibromo-3-Chloropropane1,2-Dichloropropane

1,3-Dichloropropane1,3-Dichloropropene2,2-Dichloropropane2,4-Dinitrophenol2,4-Dinitrotoluene3,3-DichlorobenzidieneVolatile Organic Sulfides

(c) The City reserves the right to modify thislist of materials prohibited from entering thePOTW.

(d) Polychlorinated Biphenyls (PCBs): ThePCB content of waste shall be non-detectable by EPA method 608.

501.6 State Requirements

State requirements and limitations ondischarges shall apply in any case wherethey are more stringent than Federalrequirements and limitations or those inthese Regulations.

501.7 Accidental Discharges

(a) Spill and Slug Discharge PreventionPlan: Each Significant Industrial User shall provide protection from accidental dischargeof prohibited materials or other substanceswhich may interfere with the POTW bydeveloping a Spill and Slug DischargePrevention Plan. Facilities to preventaccidental discharge of prohibited materialsshall be provided and maintained at theowner or User's own cost and expense.Detailed plans showing facilities andoperating procedures to provide this protection shall be submitted to the City forreview, and shall be approved by the City before construction of the facility. The Spill



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and Slug Discharge Plan shall contain, at aminimum, the following:

(1) description of discharge practices,including routine and non-routine batch

discharges;

(2) description of stored chemicals;

(3) procedures for promptly notifyingthe City of spills or slug discharges, with procedures for follow-up written notificationwithin five (5) working days;

(4) any necessary procedures to prevent accidental spills and slug discharges,

including inspection and maintenance ofstorage areas, handling and transfer ofmaterials, loading and unloading operations,control of plant site runoff and workertraining;

(5) any necessary measures for building containment structures orequipment;

(6) any necessary measures to assurethe integrity of storage;

(7) any necessary measures forcontrolling toxic organic pollutants(including solvents);

(8) any necessary procedures andequipment for emergency response; and

(9) any necessary follow-up practicesto limit the damage suffered by the POTWor the environment.

(b) All existing Users shall complete such a plan within three (3) months of notice to doso by the City. No User who commences anew discharge to the POTW after theeffective date of these Regulations shall be permitted to introduce pollutants into the

Wastewater System until accidentaldischarge procedures have been approved bythe City. Review and approval of such plansand operating procedures shall not relievethe Industrial User from the responsibility to

modify the User's facility as necessary tomeet the requirements of these Regulations.

(c) Notification: In the case of an accidentaldischarge, it is the responsibility of the Userto immediately notify the City of theincident by telephone. The notification shallinclude date, time and location of discharge,type of waste including concentration andvolume, duration of discharge, and anycorrective actions taken by the User.

(d) Written Notice: Within five (5) businessdays, unless a different period is prescribed by the City, following an accidentaldischarge, the User shall submit to the City adetailed written report describing the causeof the discharge and the measures that will be taken by the User to prevent similarfuture occurrences. Such notification shallnot relieve the User of any expense, loss,damage, or other liability which may beincurred as a result of damage to the POTW,fish kills, or any other damage to person or property; nor shall such notification relievethe User of any fines, civil penalties, orother liability which may be imposed bythese Regulations or other applicable law.

(e) Notice to Employees: A notice shall be permanently posted on the User's bulletin board(s) or other prominent places advisingemployees whom to call in the event of adangerous discharge. Employers shall adviseall employees who may cause or be injured by such a discharge of the emergencynotification procedure.



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501.8 Fees

(a) Purpose: It is the purpose of this Sectionto provide for the recovery of costs from theUsers of the City's Wastewater System for

the implementation of the programestablished herein.

(b) Charges and Fees

(1) All Industrial Users applying for orissued a permit after the promulgation ofthese Regulations shall pay a fee of OneThousand Dollars ($1,000.00) per permitapplication.

(2) The City may adopt charges andfees which may include:

(A) fees for reimbursement ofcosts of setting up and operating the City'sPretreatment Program;

(B) fees for monitoring,inspections and surveillance procedures;

(C) fees for reviewing accidentaldischarge procedures and construction; and

(D) other fees as the City maydeem necessary to carry out therequirements contained herein.

(3) These fees relate solely to thematters covered by these Regulations areseparate from all other fees chargeable bythe City. The City reserves the right tochange the fees set forth herein.

501.9 Civil Penalty Assessment Policy

(a) Purpose: The purpose of this section is toenact a civil penalty assessment policy pursuant to the Publicly Owned TreatmentWorks Penalty Law, Act No.1992-9.

(b) Scope: The POTW Penalty Law allowsthe City, as the owner and operator of publicly owned treatment works with anapproved pretreatment program, to assesscivil penalties of up to Twenty-Five

Thousand Dollars ($25,000) per violation ofany Pretreatment Standards or Requirements per day. Each term, condition or parameterviolated shall constitute a separate anddistinct offense. Each day on which aviolation occurs or continues to occur shallconstitute a separate and distinct offense. Indeveloping this Civil Penalty AssessmentPolicy, the City considered the followingfactors:

(1) the damage to air, water, land orother natural resources of this City andCommonwealth and their uses;

(2) cost of restoration and abatement;

(3) savings resulting to the person inconsequence of the violation;

(4) history of past violations;

(5) deterrence of future violations;

(6) harm and/or potential harm to thePOTW and/or its employees;

(7) whether the violation resulted orcould have resulted in the City violating its NPDES Permit; and

(8) whether the violation resulted orcould have resulted in the City violating anylaw or regulation affecting its sludgedisposal options.

(c) Mandatory Civil Penalties: CivilPenalties shall be assessed against anyIndustrial User in significant noncompliance("SNC") with any Pretreatment Standards orRequirements. The amount of the civil



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penalty shall be calculated in accordancewith Sections 501.9(f), (g), and (h) of theseRegulations. An Industrial User is insignificant noncompliance if it meets one ormore of the following criteria.

(1) If 33% or more of all samplestaken for any single parameter during a sixmonth period demonstrate exceedances ofany numeric Pretreatment Standard orRequirement, including the daily maximumeffluent limitation, the monthly averagelimitation, and any instantaneous limits, asdefined by any regulation containing pollutant discharge limits promulgated bythe EPA in accordance with section 307(b)

and (c) of the Act, which applies toIndustrial Users. This term includes prohibitive discharge limits established pursuant to Section 501.5.

(2) Monitoring for any parameter lessthan 100% of the total sampling eventsrequired by the Permit.

(3) Discharging without the requiredPermit under these Regulations.

(4) Violation of any PretreatmentStandard or Requirement that the Citydetermines has caused, either alone or incombination with any other discharges,interference or pass through (includingendangering the health of POTW personnelor the general public).

(5) Any discharge of a pollutant thathas caused imminent endangerment tohuman health, welfare or the environment orhas resulted in the City's exercise of itsemergency authority.

(6) Violation by forty-five (45) days ormore of the scheduled date of compliancewith milestones for starting construction,completing construction, attaining final

compliance or any other milestone eventdescribed in any compliance schedule.

(7) Failure to provide any requiredreports such as Baseline Monitoring

Reports, 90 Day Compliance Reports,Periodic Compliance Reports, Spill or SlugDischarge Reports, Responses to Notices ofViolation or Notices of Significant NonCompliance, Compliance Schedule Reports,Pretreatment Facilities Report or any otherReport required by law or Permit withinthirty (30) days after the report's due date.

(8) Failure to report noncomplianceaccurately.

(9) Violation of any Best ManagementPractice requirements or any other violationor group of violations that:

(A) adversely affects theoperation or implementation of the local pretreatment program; or

(B) either alone or in conjunctionwith any other discharge causes harm to thePOTW.

(d) Discretionary Civil Penalties: CivilPenalties are discretionary where anIndustrial User's violation(s) of thePretreatment Standards or Requirements donot constitute significant noncompliance asdefined in Section 501.9(c) of theseRegulations. In exercising its discretion asto whether to assess civil penalties for theseviolations, the City shall consider thefollowing factors:

(1) Compliance HistoryThe City shall examine the Industrial User'scompliance history for the specific term orcondition now being violated as well as theIndustrial User's compliance history with all



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other Pretreatment Standards orRequirements.

(2) Reasons for noncompliance.

(3) Magnitude of violation.

(4) Good faith compliance efforts.Good faith compliance efforts consist of thefollowing actions:

(A) whether the Industrial User properly notified the City of the violation;

(B) whether the Industrial Userresponded to the Notice of Violation within

fifteen (15) days as required in the Notice;

(C) the corrective actions theIndustrial User has taken or will take toensure a return to compliance; and

(D) the timeliness of thesecorrective actions.

(e) Where it is determined that a civil penalty should be levied under this Section,the amount of the civil penalty shall becalculated in accordance with Sections501.9(f), (g), and (h).

(f) Civil Penalty

The calculation of the civil penalty whichshall be assessed shall be in conformity withthis Section and Sections 501.9(g) and501.9(h) of these Regulations.

In this Section, violations of PretreatmentStandards or Requirements are contained inColumn I of the Civil Penalty Grid. (Seenote 1, immediately after the Grid, for

further explanation.) Once the specific typeof violation has been identified in the CivilPenalty Grid, the appropriate range of civil penalties for the violation is selected fromeither: Column II, III or IV. (See notes 2, 3and 4, for further explanation on theselection of civil penalty ranges.) Once therange of fines is selected, the precise civil penalty within that range is determined byconsidering the factors enumerated inColumn V. (See note 5 for further

explanation in applying the selectionfactors.) Finally, there are two exceptions tothe general rules in using this Civil PenaltyGrid. (See note 6 for further explanation.)



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CIVIL PENALTY GRID

Column I Column II Column III Column IV Column V

Violations 1 Non-SNCor

First SNC Notification2

Second Consecutive

SNC Notification 3Third Consecutive SNC

Notification

orCauses or Contributes

to Pass Through or

Interference4

Selection Factors5

1. Daily, Hourly orInstantaneous EffluentLimits or BestManagement Practices

$300 – $5,000 $5,000 – 15,000 $15,000 - $25,000 B, A, C, D

2. Monthly AverageEffluent Limits

$300 - $9,000 $3,000 - $12,000 $12,000 - $25,000 B, A, C, D

3. Self-Monitoring(sampling)

$300 – $5,000 $5,000 - $15,000 $15,000 - $25,000 B, D, C.

4. Reporting $300 - $1,000 $1,000 - $5,000 $5,000 – $25,000 B, D, C

5. Incomplete Reporting $300 – $5,000 Not Applicable (N/A) N/A B, E, D

6. IntentionalFalsification of Reports orData or knowinglyrendering any monitoringdevice or methodinaccurate

$25,000 N/A N/A N/A

7. Spills or SlugDischarges

$300 - $10,000 N/A $15,000 - $25,000 B, A,C, D

8. UnauthorizedDischarge

$300 - $10,000 N/A $10,000 - $25,000 A, D

9. Compliance ScheduleCompletion Dates

$300 - $5,000 $5,000 - $15,000 $15,000 – $25,000 F, D

10. Dilution to MeetEffluent Limits

$300 - $25,000 N/A N/A B, D

11. Inadequate Record

Keeping6$300 - $5,000 $5,000 - $15,000 $15,000 - $25,000 B, D, E

12. Failure to Admit

Authorized Personnel6$300 – $10,000 $10,000 - $25,000 N/A D, B

13. Failure to notify ofany Substantial Change inVolume of Pollutants inDischarge (See 40 CFR403.21(j))

$300 - $10,000 N/A $10,000 - $25,000 B, A, C, D

14. Failure to Mitigate

Noncompliance

$300 - $10,000 N/A $10,000 - $25,000 A, B, C, D

15. Improper Disposal ofPretreatment sludges andspent chemicals

$300 - $10,000 N/A $10,000 - $25,000 B, D

16. Unauthorized Bypass $300 - $10,000 N/A $10,000 - $25,000 C, A



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Explanatory Notes to Civil Penalty Grid:

Note Number 1

Column I contains a list of sixteencategories of Pretreatment Standard or

Requirement violations. These sixteencategories of violation should be allinclusive, covering all possible types ofPretreatment Standards or Requirementviolations. If, however, a violationoccurs which does not fall within one ofthe categories, then the civil penalty forthat violation shall be assessed inaccordance with the method used forassessing civil penalties for violation ofdaily or hourly effluent limits.

The sixteen categories of PretreatmentStandards or Requirements violationsfound in Column I are explained ingreater detail immediately below:

1. Daily, Hourly or InstantaneousEffluent Limits or Best ManagementPractices: This category addressesviolations of the effluent discharge limitsfor daily, hourly or instantaneousdischarges or best managementpractices.

2. Monthly Average Effluent Limits: Thiscategory addresses violations of themonthly average effluent limits.

3. Self-Monitoring (sampling): PermittedIndustrial Users must sample theireffluent in accordance with the termsand conditions of their WastewaterDischarge Permits. Violations of theseself-monitoring requirements areaddressed in this category. Examples of

these violations include, but are notlimited to, the following:

a) failure to sample for any requiredparameters;

b) failure to follow proper samplingprotocols;

c) failure to sample at the appropriatepoint; and

d) failure to sample as frequently asrequired in the Wastewater DischargePermit.

4. Reporting: The Industrial User issubject to numerous reporting andnotification requirements. Failure toprovide any of these reports andnotifications, or providing these reportsand notifications in an untimely fashion,is addressed in this category. Thesereports and notifications include, but arenot limited to, the following:

a) Baseline Monitoring Reports;

b) 90 Day Compliance Reports (40 CFR403.12(d));

c) Periodic Compliance Reports;

d) Spill Plans;

e) Responses to Notices of Violations orNotices of Significant Non Compliance;

f) Surcharge Reports;

g) Reports required pursuant to anyCompliance Schedule, AdministrativeOrder or Consent Decree;

h) Notification of spill or slug discharge;Follow-up written report within five (5)days of spill or slug event;

i) Reporting sampling noncompliancewithin twenty-four (24) hours ofbecoming aware of violation; Reporting

first sample result showing a return tocompliance;

j) Application for Wastewater DischargePermit or late application;

k) Hazardous Waste Notificationpursuant to 40 CFR 403.12(p); and



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l) Pretreatment Facilities Reports.

5. Incomplete Reporting:In this category, reports and notificationsare timely submitted but contain errorsor omissions.

6. Intentional Falsification of Reports orData or Knowingly Rendering AnyMonitoring Device or MethodInaccurate: In this category, where theIndustrial User has intentionally falsifiedreports or data, the maximum penalty of$25,000 per falsification will beassessed. Similarly, where the IndustrialUser knowingly renders any monitoringdevice or method inaccurate, thiscategory requires that the maximum

penalty be assessed.

7. Spills or Slug Discharges: A spill orslug discharge is any discharge of anon-routine, episodic nature, includingbut not limited to an accidental spill ornon-customary batch discharge.Violations as the result of spills or slugdischarges are addressed in thiscategory.

8. Unauthorized Discharge:

This category includes three types ofviolations. First, where an IndustrialUser is required to have a Permitdischarges pollutants without aWastewater Discharge Permit. Second,where an already permitted IndustrialUser is discharging pollutants from aregulated process which has not beenspecifically approved by the City andcontrolled by the User's WastewaterDischarge Permit. (Please note thateach pollutant discharged without a

permit constitutes a separate anddistinct offense.) Third, any dischargeviolating Section 501.3, Section 501.4 orSection 501.5 of these Regulations.

9. Compliance Schedule CompletionDates: In Administrative Orders andConsent Decrees there will often appearcompliance schedules for returning the

Industrial User to compliance. Thiscategory addresses violations of thecompliance schedule completion dates.(Please note that where the

Administrative Orders or ConsentDecrees contain stipulated penalties for

violation of the compliance scheduledates, the stipulated penalties containedtherein shall constitute the exclusive civilpenalties available for these violations.Therefore, in these cases, the CivilPenalty Grid will not be used.)

10. Dilution to Meet Effluent Limits: Thiscategory addresses the situation wherethe Industrial User is using dilution toachieve compliance with any effluentlimit.

11. Inadequate Record Keeping: Thiscategory includes any violations of thePretreatment Standards orRequirements involving record keepingand storage.

12. Failure to Admit AuthorizedPersonnel: This category involves anIndustrial User's refusal to allow a Cityrepresentative ready access to a facilityfor purposes of inspection, sampling,

records examination and/or copying orfor the performance of any other duty.

13. Failure to Notify of Any SubstantialChange in the Volume or Character ofPollutants in Discharge: (See 40 CFR403.12(j)). This category involves anyviolations resulting from the IndustrialUser's failure to comply with theadvance notification of changeddischarge requirements contained in 40CFR 403.12(j).

14. Failure to Mitigate Non Compliance: An Industrial User has an obligation tomitigate its noncompliance. Violation ofthis obligation is addressed in thiscategory.

15. Improper Disposal of PretreatmentSludge and Spent Chemicals: Industrial



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Users must dispose of hazardoussludge and spent chemicals inaccordance with all applicable lawsincluding, but not limited to, the CleanWater Act and the ResourceConservation and Recovery Act.

16. Unauthorized Bypass:Industrial Users processing regulatedwastestream through their pretreatmentfacilities are prohibited from bypassingsuch pretreatment facilities unless theynotify the City in advance of any bypassand obtain the City's prior writtenapproval authorizing such bypass.

Notes 2, 3, and 4

After the category of violation has beenidentified, there are several ranges ofcivil penalties which can be assessedfor the violation. Notes 2, 3 and 4 definethe appropriate range to be selected.

(a) Note 2 - COLUMN II

NON-SNC or FIRST SNCNOTIFICATIONIf the violation does not rise to the levelof Significant Noncompliance (SNC) as

defined in Section 501.9(c) of theseRegulations, the appropriate finingrange is therefore contained in ColumnII. If the violation does constitute SNCas defined in Section 501.9(c) or this isthe first time that the Industrial User hasbeen notified that it is in SNC for thatspecific standard or requirement, thenthe appropriate fining range is againcontained in Column II.

(b) Note 3 - COLUMN III

SECOND CONSECUTIVE SNCNOTIFICATION: This range of civilpenalties applies where the IndustrialUser has received a second Notice ofSignificant Noncompliance for the samestandard or requirement in two (2)consecutive six (6)-month periods.

Where a Notice of SNC is issued for anystandard or requirement, and there wasno Notice of SNC issued for thestandard or requirement in the previoussix-month period, the appropriate rangereverts to Column II.

If as the result of the issuance of the firstSNC Notice, the Industrial User hasbeen issued an Administrative ConsentOrder or is subject to a Consent Decree,and stipulated penalties are containedtherein, then the stipulated penaltiesshall be the exclusive method forassessing future civil penalties for aslong as the stipulated penalty provisionremains in effect.

(c) Note 4 - COLUMN IV

THIRD CONSECUTIVE SNCNOTIFICATION OR CAUSES ORCONTRIBUTES TO PASS THROUGHOR INTERFERENCE: This range of civilpenalties applies in two situations. First,where the Industrial User has received athird consecutive notice of SNC for thesame standard or requirement. Second,where the violation has caused orcontributed to interference or pass

through, as defined in Sections 501.2(w) and (dd) of these Regulations.

Again, where an Administrative ConsentOrder or Consent Decree provides forstipulated penalties, the stipulatedpenalties shall be the exclusive methodfor assessing future civil penalties for aslong as the stipulated penalty provisionremains in effect.

NOTE 5 -

Once the type of violation has beenidentified in Column I, and theappropriate range of civil penaltiesselected from Columns II, III and IV, theprecise civil penalty within theappropriate range must be selected.Selection of the precise civil penalty willbe based on those Selection Factorsappropriate for each type of violation



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which are found in Column V. The sixselection factors are lettered A throughF as follows:

A. SEVERITY OF VIOLATION

B. SPECIFIC COMPLIANCE HISTORY

C. GENERAL COMPLIANCE HISTORY

D. REASONS FOR VIOLATION

E. COMPLETENESS

F. CONSENT DECREE OR ADMINISTRATIVE ORDER

Most violations found in Column I

contain numerous selection factorswhich must be considered in selectingthe precise civil penalty. The selectionfactors appropriate for each violation arelisted in their order of importance andweight which should be given eachfactor. The first factor listed should begiven the greatest weight; the secondfactor the second greatest weight, etc.

Although the relative weight given eachfactor is determined by its order oflisting, the absolute weight has not been

provided. This is because violations,and the circumstances surrounding andcausing them, are too different andcomplex to be resolved in amathematical formula. This can only bedetermined on a case by case basis.

Selection Factors A through F areexplained in greater detail immediatelybelow:

A. Severity of Violation:

This factor considers the degree ofseverity of effluent violations in threedifferent ways. First, the frequency ofviolation should be considered, Next,the level of exceedance should beconsidered. Finally, the violations shouldbe considered from total massperspective.

B. Specific Compliance History: Thisfactor considers whether and how oftenin the past the Industrial User hasviolated the parameter for which it isnow being fined.

C. General Compliance History: Thisfactor considers the Industrial User'spresent and past overall compliancewith all Pretreatment Standards orRequirements.

D. Reasons for Violation: (self-explanatory)

E. Completeness: For the violationcategories Incomplete Reporting andInadequate Record Keeping, the level

and/or degree of omissions and errorsshall be considered.

F. Consent Decree or AdministrativeOrder:For the violation category ComplianceSchedule Completion Dates, theIndustrial User's past and presenthistory of compliance with the Decree or

Administrative Order should beexamined.

Finally, although addressed separatelyin Sections 501.9(g) and (h) of theseRegulations, for all categories ofviolations, the economic benefit ofnoncompliance and any damages, costsand fines must be recovered in selectingthe precise civil penalty within theappropriate range.

NOTE 6

For most violations, the appropriate

range of penalties is selected by thecriteria discussed in notes 2, 3 and 4.However, for the categories ofInadequate Record Keeping and Failureto Admit Authorized Personnel, theappropriate ranges are selecteddifferently.



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For these categories, the civil penaltyrange moves from Column II to III if thatIndustrial User has ever in the past beencited for a violation in that category. Theviolations do not need to rise to the levelof SNC nor do they need to occur in

consecutive six (6) month periods.

Similarly, the civil penalty range movesto Column IV for these two categories ofviolations if the Industrial User has beencited twice or more, at any time in thepast, for the same category of violation.



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(g) Economic Benefit of Noncompliance

(1) In all cases, the civil penaltyassessed shall exceed the economic benefit of noncompliance gained by the

Industrial User as a result of notcomplying with the PretreatmentStandards or Requirements. Theeconomic benefit of noncompliance isthat amount of both capital and operatingfunds saved by the Industrial User byeither failing or delaying to install and/oroperate the necessary pretreatment toachieve compliance with allPretreatment Standards or Requirements.The City may use the Guidance Manual

for POTWs to Calculate the EconomicBenefit of Noncompliance, U.S.Environmental Protection Agency,September 5, 1990, or any subsequentrevision, to assist it in calculating theeconomic benefit of noncompliance.

(2) If a situation arises where theamount assessed under the Civil PenaltyGrid in Section 501.9(f) of theseRegulations fails to exceed the economic benefit of noncompliance, then the CivilPenalty Grid shall not be used todetermine the civil penalty. Rather, theCity shall set the civil penalty by firstcalculating the economic benefit ofnoncompliance. Next, the amountcalculated to be the economic benefit ofnoncompliance shall be increased byanywhere from 10% to 100%. Thisincreased amount shall constitute thecivil penalty. (Simply assessing theeconomic benefit of noncompliance failsto penalize the Industrial User).

In determining the appropriate increasefactor (anywhere from 10% to 100%) theCity shall consider the severity of theviolations, the reason for the violation

and how quickly the Industrial Userabates the violation.

(h) Recovery of Damages, Costs andFines

(1) In all cases, the civil penaltyshall, at a minimum, be set so that itfully compensates the City for anydamage or injury to the POTW, itsemployees, the POTW's sludge or theenvironment. Any and all costs incurred by the City to correct or compensate forthe damage or injury shall also be fullyrecovered in the civil penalty. Costsshall include, but not be limited to,attorney's fees, court costs, court reporter

fees and other expenses associated withenforcement activities, as well as allsampling and monitoring expensesrelated to discovering, enforcing andmaintaining the Industrial User’scompliance. Where violation of thePretreatment Standards or Requirementscauses, either alone or in conjunctionwith a discharge or discharges fromother sources, the City to violate anylocal, state or federal law or regulation,and the City is fined for this violation,the civil penalty assessed shall fullyreimburse the City for the fine paid.

(2) If a situation arises where theamount assessed under the Civil PenaltyGrid fails to fully compensate the Cityfor all damages, costs and fines, then theCivil Penalty Grid shall not be used todetermine the civil penalty. Rather, theCity shall set the civil penalty by firstcalculating all damages, costs and finesto the City resulting from the violation. Next, this amount shall be increased byanywhere from 10% to 100%. Thisincreased amount shall constitute thecivil penalty.



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(3) In determining the appropriateincrease factor (anywhere from 10% to100%) the City shall consider the extentand nature of the damage, its impact onthe POTW, the reasons for the violation

and how quickly the Industrial Usercorrects the damage.

(i) Civil Penalty Appeal

The Industrial User charged with the penalty shall have thirty (30) days to paythe proposed penalty in full, or, if theIndustrial User wishes to contest eitherthe amount of the penalty or the fact ofthe violation, the Industrial User must

file an appeal, pursuant to thePhiladelphia Home Rule Charter. Failureto appeal within this period shall resultin a waiver of all legal rights to contestthe violation or the amount of the penalty.

502.0 WASTEWATER DISCHARGE

PERMITS

502.1 Wastewater Discharge Permits

Types

(a) General Permits: Any SignificantIndustrial User proposing to connect toor contribute to the POTW shall obtain aWastewater Discharge Permit beforeconnecting to or contributing to thePOTW. All existing SignificantIndustrial Users connected to orcontributing to the POTW shall obtain aWastewater Discharge Permit within 365days after the effective date of theseRegulations.

(b) No Discharge Permits: AnySignificant Industrial User with nowastewater discharge from its regulated process(es) shall obtain a No Discharge

Permit, as long as its facility isconnected to or contributes to the POTWand has the potential to dischargewastewater from its regulated process(es).

(c) Trucked or Hauled WastewaterPermit: Any person trucking or haulingwastewater to the POTW must firstobtain a septage discharge permit. Thefollowing prohibitions apply to alltrucked or hauled wastewater:

(1) All wastes are to be dischargedonly at the designated location containedin the User's septage discharge permit.

(2) All loads are to be sampled andapproved prior to discharge.

(3) Only sanitary septic wastes areto be discharged unless prior writtenapproval is given.

(4) Sludges or grease trap wastesshall not be discharged.

(d) Groundwater Discharge Permit: Anynon-domestic User discharging pumped-out groundwater to the City's sewersystem must first obtain a GroundwaterDischarge Permit.

(e) Manhole Pump-out Permit: Any non-domestic User discharging wastewaterfrom underground structures to theCity’s sewer system must first obtain amanhole pump-out permit.

502.2 Wastewater Discharge Permit

Administration

(a) Permit Application: Users required toobtain a Wastewater Discharge Permitshall complete and file with the City aBaseline Monitoring Report or other



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report as may be required by the City.Existing Users shall apply for aWastewater Discharge Permit within 30days after the effective date of theseRegulations, unless the City has

previously issued such a permit whichhas not expired. New Users shall applyat least 90 days prior to connecting to orcontributing to the POTW. The BaselineMonitoring Report shall contain theinformation required by Section502.4(a).

(1) The City will evaluate thedata furnished by the User and mayrequire additional information. After

evaluation and acceptance of the datafurnished, the City may issue aWastewater Discharge Permit subject toterms and conditions provided herein.

(b) Promulgation of Additional NationalCategorical Pretreatment Standards:When additional and/or new NationalCategorical Pretreatment Standards are promulgated, any User subject to suchadditional or new Standards shall applyfor a Wastewater Discharge Permitwithin 180 days of the promulgation ofsuch Standard. In addition, any Userwith an existing Wastewater DischargePermit shall submit to the City within180 days of the promulgation of anapplicable National CategoricalPretreatment Standard the informationrequired by Sections 502.4(a)(7) and (8)of these Regulations.

(c) Permit Modifications: The City maymodify any existing permit for any ofthe following reasons:

(1) to incorporate any new orrevised federal, state or localPretreatment Standards or Requirements;

(2) material or substantialalterations or additions to IndustrialUser’s operation which were not coveredin the effective permit;

(3) a change in any condition thatrequires either a temporary or permanentreduction or elimination of the permitteddischarge;

(4) information indicating that the permitted discharge could in any manneradversely affect the POTW, personnel orreceiving waters;

(5) violation of any terms or

conditions of the Permit;

(6) obtaining the Permit bymisrepresentation or failure to disclosefully all relevant facts; or

(7) upon request of the IndustrialUser, provided such request does notcreate a violation of any existingapplicable requirements, standards, lawsor rules and regulations.

(d) Permit Conditions: WastewaterDischarge Permits shall be expresslysubject to all provisions of theseRegulations and all other applicableregulations, User charges and feesestablished by the City. Permits maycontain the following:

(1) concentration and/or masslimits on the average and maximumwastewater constituents andcharacteristics;

(2) limits on average andmaximum rate and time of discharge orrequirements for flow regulation andequalization;



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(3) requirements for installationand maintenance of inspection andsampling facilities;

(4) specifications for monitoring

programs which may include samplinglocations, frequency of sampling,number, types and standards for testsand reporting schedule;

(5) compliance schedules. The Citymay, at its discretion, issue interimeffluent limits as part of a complianceschedule;

(6) requirements for submission of

technical reports or discharge reports(see Section 502.4 of these Regulations);

(7) requirements for maintainingand retaining records relating towastewater discharge as specified by theCity, and affording City access thereto;

(8) requirements forimplementation of and compliance witha spill prevention and slug control plan;

(9) requirements forimplementation of and compliance withBest Management Practices;

(10) requirements for notificationof the City of any facility changes thataffect the potential for a slug dischargeor any new introduction of wastewaterconstituents or any substantial change inthe volume or character of thewastewater constituents beingintroduced into the Wastewater System;

(11) requirements for notificationof a spill or slug discharge; and

(12) other conditions as deemedappropriate by the City to ensurecompliance with these Regulations.

(e) Public Notice of Permit Issuance

(1) Public notice of every proposedGeneral Wastewater Discharge Permitand No Discharge Wastewater DischargePermit shall be published by the City ina newspaper of daily circulation withinthe geographical area of the discharge.The notice shall include at least thefollowing:

(A) name and address of each

permittee;

(B) each permittee's activityor operation which results in thedischarge described in the WastewaterDischarge Permit;

(C) address and phonenumber of premises where a copy of the proposed permit may be requested; and

(D) notice of the 30-daycomment period required by Section502.2(e)(2)of these Regulations.

(2) There shall be a thirty (30)-day period following publication of noticeduring which written comments may besubmitted by the permittee or interested persons located within the City’swastewater processing service area. TheCommissioner will make his finaldetermination on a proposed permitfollowing the comment period. The period for comment may be extended atthe discretion of the Commissioner forup to 30 additional days.



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(3) The Commissioner shall issuethe permit as soon as is practicable andthis shall be a final decision.

(f) Permit Duration

(1) Permits shall be issued for aspecified time period, not to exceed five(5) years. The Permit may be issued fora period less than a year or may be statedto expire on a specific date. The Usershall apply for Permit re-issuance aminimum of 180 days prior to theexpiration of the User's existing Permit.Where the User has made a timely andcomplete Permit renewal application, the

existing Permit shall continue in effectuntil a new Permit is issued by the City.The User shall be informed of any proposed changes in the Permit at leastthirty (30) days prior to the effectivedate of change. Any changes or newconditions in the Permit shall include areasonable time schedule forcompliance.

(2) If a User wishes to contest any provisions of the Permit, the User mayfile an appeal pursuant to thePhiladelphia Home Rule Charter. Theappeal shall specifically state all termsand/or conditions of the Permit whichare being challenged and shall state allreasons why the User believes the termsand/or conditions are inappropriate. Theappeal shall be taken within thirty (30)days of the User's receipt of the Permit.Failure to appeal within this time periodshall result in a waiver of all legal rightsto challenge the terms and/or conditionsof the Permit. Where the Permit has beenappealed, the appeal shall only stay thecontested terms and/or conditions of thePermit and not the entire Permit. Theremainder of the Permit remains in fullforce and effect.

(g) Wastewater Discharge PermitTransfer: Wastewater Discharge Permitsmay be transferred to a new owner oroperator only if the permittee gives at

least thirty (30) days advance writtennotice to the City and the City approvesthe Wastewater Discharge Permittransfer in writing. The notice to the Citymust include a written certification bythe new owner or operator which:

(1) states that the new ownerand/or operator has no immediate intentto change the facility's operation or processes;

(2) identifies the specific date onwhich the transfer is to occur;

(3) acknowledges fullresponsibility for complying with theexisting Wastewater Discharge Permit;and

(4) acknowledges fullresponsibility for correcting all pre-existing violations, including, but notlimited to, implementing correctiveaction plans and paying fines.

(h) Effective Date

The Permit becomes effective whensigned by the Commissioner or asspecified in the Permit.

502.3 Sampling and Analysis

Requirements

(a) Sampling Requirements

(1) Samples should be takenimmediately downstream from pretreatment facilities if such exist orimmediately downstream from the



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regulated process if no pretreatmentexists.

(2) Samples and measurementstaken for purposes of the monitoring

requirements shall be representative ofthe normal discharges occurring duringthe reporting period.

(3) Grab samples must be usedfor pH, cyanide, total phenols, oil andgrease, sulfide, and volatile organiccompounds.

(A) For sampling required insupport of baseline monitoring and 90-

day compliance reports required inSection 502.4(a) and (b), a minimum offour (4) grab samples must be used for pH, cyanide, total phenols, oil andgrease, sulphide and volatile organiccompounds for facilities for whichhistorical sampling data do not exist; forfacilities for which historical samplingdata are available, the City mayauthorize a lower minimum.

(B) For the reports required by Section 502.4(c), the City shallrequire the number of grab samplesnecessary to assess and assurecompliance by Industrial Users withapplicable Pretreatment Standards andRequirements.

(4) For any pollutants notidentified in Section 502.3(a)(3), 24-hour composite samples must beobtained through flow proportionalcomposite sampling techniques, unlesstime-proportional composite sampling orgrab sampling is authorized by the City.

(5) Sampling shall be performedin accordance with the techniques prescribed in 40 CFR Part 136 and

amendments thereto including but notlimited to sample preservation, samplingvessels and equipment.

(b) Sample Analysis Requirements

(1) Analysis shall be performedin accordance with the techniques prescribed in 40 CFR Part 136 andamendments thereto including but notlimited to analytical methods and sampleholding time.

502.4 Reporting Requirements

(a) Baseline Monitoring Reports

Any User receiving a BaselineMonitoring Report form shall completethe form by providing all informationrequested therein and shall return thecompleted form to the POTW withinthirty (30) days upon its receipt. Insupport of the application, the User shallsubmit, in units and terms appropriatefor evaluation, the followinginformation:

(1) Name, mailing address, andfacility address;

(2) NAICS number according tothe North American IndustryClassification System, Office ofManagement and Budget, 1997, asamended;

(3) Wastewater constituents andcharacteristics including but not limitedto those mentioned in Section 501.5(a) of these Regulations as determined by areliable analytical laboratory; samplingand analysis shall be performed inaccordance with procedures established by the EPA pursuant to Section 304(g)of the Act and contained in 40 CFR Part



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136, as amended; User shall follow therequirements of Section 502.3 of theseRegulations for Sampling and AnalysisRequirements;

(4) Time and duration ofcontribution;

(5) Average daily, maximumdaily and thirty (30) minute peakwastewater flow rates, including daily,monthly and seasonal variations, if any;

(6) Description of activities,facilities and plant processes on the premises including all materials, which

are or could be discharged;

(7) The nature and concentrationof any pollutants in the discharge whichare limited by any City, State, or FederalPretreatment Standards, as well as anyinformation demonstrating compliancewith any applicable Best ManagementPractices, and a statement regardingwhether or not the PretreatmentStandards or Requirements are beingmet on a consistent basis, and if not,whether additional operation andmaintenance (O&M) and/or additional pretreatment is required for the User tomeet applicable Pretreatment Standardsor Requirements;

(8) Where additional pretreatment and/or O&M will berequired to meet the PretreatmentStandards, the shortest schedule bywhich the User will provide suchadditional pretreatment. The completiondate in this schedule shall not be laterthan the compliance date established forthe applicable Pretreatment Standard.The following conditions shall apply tothis schedule:

(A) The schedule shallcontain increments of progress in theform of dates for the commencement andcompletion of major events leading tothe construction and operation of

additional pretreatment required for theUser to meet the applicable PretreatmentStandards (e.g., completing preliminary plans, completing final plans, executingcontract for major components,commencing construction, completingconstruction, etc.).

(B) No increment referred toin paragraph (A) above shall exceed nine(9) months.

(C) Not later than fourteen(14) days following each date in theschedule and the final date forcompliance, the User shall submit a progress report to the City indicating, ata minimum, whether or not it compliedwith the increment of progress to be meton such date and, if not, the date onwhich it expects to comply with thisincrement of progress, the reason fordelay, and the steps being taken by theUser to return the construction to theschedule established. Such progressreports shall be submitted to the City atleast every nine (9) months.

(9) Each product produced bytype, amount, process or processes andrate of production;

(10) Type and amount of rawmaterials processed (average andmaximum per day);

(11) Number and type ofemployees, hours of operation of plantand proposed or actual hours ofoperation of pretreatment system;



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(12) Any other information asmay be deemed by the City to benecessary to evaluate the permitapplication;

(13) a list of any environmentalcontrol permits held by or for thefacility; and

(14) a certification statement,signed and dated by an AuthorizedRepresentative of the Industrial User, asrequired by 40 CFR 403.6(a)(2)(ii) andSection 502.4(k) of these Regulations.

(b) Report on Compliance with National

Categorical Pretreatment StandardsDeadline (90 Day Compliance Report).

(1) Within ninety (90) daysfollowing the date for final compliancewith applicable National CategoricalPretreatment Standards or in the case ofa New Source, followingcommencement of the introduction ofwastewater into the POTW, anyIndustrial User subject to PretreatmentStandards or Requirements shall submitto the City a report containing theinformation described in Section502.4(a)(3) through (7).

(2) For Industrial Users subject toequivalent mass or concentration limitsestablished by the City in accordancewith the procedures in 40 CFR 403.6(c),this report shall contain a reasonablemeasure of the User's long term production rate. For all other IndustrialUsers subject to National CategoricalPretreatment Standards expressed interms of allowable pollutant discharge per unit of production (or other measureof operation), this report shall includethe User's actual production during theappropriate sampling period.

(c) Periodic Compliance Reports

(1) The reporting periods shall runfrom January 1 to June 30 and from July

1 to December 31. Every SIU shallsubmit to the City during the months ofJuly and January, unless required indifferent months or more frequently bythe City, a Periodic Compliance Reportfor the preceding reporting period. ThePeriodic Compliance Report shallcontain, at minimum, the following:

(A) The results of themonitoring program conducted by

Industrial User, including all sampleresults, sampling frequency and sampletype (grab or composite), and anyinformation demonstrating compliancewith any applicable best management practices.

.(i) All analyses shall be

performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Actand contained in 40 CFR Part 136, asamended; or other test proceduresapproved by the EPA for use under theClean Water Act. User shall followsampling and analysis requirements inSection 502.3 of these Regulations.

(B) Wastewater flow data for thereporting period, specifically dailyaverages and maximums in gallons perday.

(C) For Industrial Users subjectto equivalent mass or concentrationlimits established by the City inaccordance with the procedures in 40CFR 403.6(c), this report shall contain areasonable measure of the User's longterm production rate. For all other



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Industrial Users subject to NationalCategorical Pretreatment Standardsexpressed in terms of allowable pollutantdischarge per unit of production (orother measure of operation), this report

shall include the User's actual productionduring the appropriate sampling period.

(D) A statement as to whether ornot Industrial User has achievedcompliance with all PretreatmentStandards or Requirements, includingBest Management Practices.

(E) If the Industrial User has notachieved compliance with all

Pretreatment Standards or Requirementsand Best Management Practices, a proposed schedule indicating whatadditional pretreatment and/oroperations and maintenance will berequired to achieve compliance in theshortest time.

(F) a certification statement,signed and dated by an AuthorizedRepresentative of the Industrial User, asrequired by 40 CFR 403.6(a)(2)(ii) andSection 502.4(k) of these Regulations.

(d) Notification of Changed Discharge

All Industrial Users shall promptlynotify the City in advance of any facilitychanges that affect the potential for aslug discharge or any other substantialchange in the volume or character of pollutants in their discharge, includingthe listed or characteristic hazardouswastes for which the Industrial User hassubmitted initial notification underSection 502.4(e) of these Regulations.

(e) Hazardous Waste NotificationRequirement

(1) The Industrial User shall notifythe City, the EPA Regional WasteManagement Division Director, andState hazardous waste authorities inwriting of any discharge to the City of a

substance, which, if otherwise disposedof, would be a hazardous waste under 40CFR Part 261 (RCRA). Such notificationmust include the name of the hazardouswaste as set forth in 40 CFR Part 261,the EPA hazardous waste number, andthe type of discharge (continuous, batch,or other). If the Industrial Userdischarges more than one-hundred (100)kilograms of such waste per calendarmonth to the City, the notification shall

also contain the following information tothe extent such information is knownand readily available to the IndustrialUser: An identification of the hazardousconstituents contained in the wastes, anestimation of the mass and concentrationof such constituents in the wastestreamdischarged during the calendar month,and an estimation of the mass ofconstituents in the wastestream expectedto be discharged during the followingtwelve (12) months. Any notificationunder this paragraph need be submittedonly once for each hazardous wastedischarged. The notification requirementin this Section does not apply to pollutants already reported under theself-monitoring requirements.

(2) The Industrial User is exemptfrom the requirements of paragraph (1)of this section during a calendar monthin which it discharges no more thanfifteen (15) kilograms of hazardouswastes, if allowed under its Permit,unless the wastes are RCRA acutehazardous wastes, which require a one-time notification. Subsequent monthsduring which the Industrial Userdischarges more than such quantities of



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any hazardous waste, where allowed byits Permit, do not require additionalnotification.

(3) In the case of any new

regulations under Section 3001 ofRCRA identifying additionalcharacteristics of hazardous waste orlisting any additional substance as ahazardous waste, the Industrial Usermust notify the City, the EPA RegionalWaste Management Division Director,and State hazardous waste authorities ofthe discharge of such substance withinninety (90) days of the effective date ofsuch regulations.

(4) In the case of any notificationmade under this Section, the IndustrialUser shall certify that it has a program in place to reduce the volume and toxicityof hazardous wastes generated to thedegree it has determined to beeconomically practical.

(f) Closure Statement

If Industrial User requests modificationor termination of Industrial User'sWastewater Discharge Permit due toceasing all or part of the process(es)regulated by the Permit, Industrial Usershall submit to the City, in writing, thirty(30) days prior to closing, a ClosureStatement which shall contain, at aminimum, the following:

(1) company name and address (atwhich regulated process(es) are or werelocated);

(2) name and telephone number ofcompany contact person;

(3) closure date(s) of regulated process(es);

(4) list of other process(es) thatwill continue to operate at same location;

(5) indication of whether a water

shut-off request has been filed if entirefacility has or will shut down;

(6) ultimate plans for disposal of building(s), equipment and materials;

(7) schedule for (6) above;

(8) receipts and manifests fordisposal of hazardous wastes andmaterials, etc.; and

(9) a certification statement, signedand dated by an AuthorizedRepresentative of the Industrial User, asrequired by 40 CFR 403.6(a)(2)(ii) andSection 502.4(k) of these Regulations.

(g) Notice of Potential Problems

Industrial User shall notify the Cityimmediately of all discharges whichcould cause problems to the POTW,including spills or slug discharges.

(h) Notice of Indication of Violation

If sampling performed by Industrial Userindicates a violation, User shall notifythe City within twenty-four (24) hours of becoming aware of the violation, andsubmit to the City within five (5) business days, unless otherwisespecified, a detailed written reportdescribing the discharge and themeasures taken to prevent similar futureoccurrences. User shall also repeat thesampling and analysis and submit theresults of the repeat analysis to the Citywithin thirty (30) days of becomingaware of the violation.



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(j) Responses to Notices of Violationsand Notices of Significant NonCompliance

All Users shall respond in writing to Notices of Violations and Notices ofSignificant Non-Compliance (“Notice”)within fifteen (15) days of their receiptof these Notices or as otherwise requiredin the Notices. The written responsemust state the reasons for theviolation(s), all actions that have or will be taken to return to compliance, andwhen full compliance will be achieved.

(k) Certification Requirement

All reports, including, but not limited to,Baseline Monitoring Reports, reports oncompliance with categorical pretreatment standards and periodiccompliance reports shall include thefollowing certification statement, signedand dated by an authorizedrepresentative of the Industrial User: "Icertify under penalty of law that thisdocument and all attachments were prepared under my direction orsupervision in accordance with a systemdesigned to assure that qualified personnel properly gather and evaluatethe information submitted. Based on myinquiry of the person or persons whomanage the system, or those personsdirectly responsible for gathering theinformation, the information submittedis, to the best of my knowledge and belief, true, accurate, and complete. Iam aware that there are significant penalties for submitting falseinformation, including the possibility offine and imprisonment for knowingviolations."

(l) Signatory Requirements

All reports, including but not limited to, baseline monitoring reports and periodiccompliance reports shall be signed by an

Authorized Representative of the User.

502.5 Monitoring Facilities

(a) The City shall require monitoringfacilities, to be provided and operated atthe User's own expense, that allow for inspection, sampling, and flowmeasurement of the Building Sewerand/or internal drainage systems. Themonitoring facility should normally be

situated on the User's premises, but theCity may, when such a location would be impractical or cause undue hardshipon the User, allow the facility to beconstructed in the public street orsidewalk area and located so that it willnot be obstructed by landscaping or parked vehicles.

(b) There shall be ample room in or nearsuch sampling manhole or facility toallow accurate sampling and preparationof samples for analysis. The facility,sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at theexpense of the User.

(c) Whether constructed on public or private property, the sampling andmonitoring facilities shall be provided inaccordance with the City's requirementsand all applicable local constructionstandards and specifications.Construction shall be completed withinninety (90) days following writtennotification by the City.



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502.6 Inspection and Sampling

(a) The City may inspect User's facilitiesto determine compliance withPretreatment Standards or Requirements.

Persons or occupants of premisesconnected to the City WastewaterSystem shall allow the City or theirrepresentative ready access at allreasonable times to all parts of the premises for the purposes of inspection,sampling, records examination, copyingof records or for the performance of anyof their duties.

(b) The City shall have the right to set up

on the User's property such devices asare necessary to conduct sampling,inspection, compliance monitoringand/or metering operations.

(c) Where a User has security measuresin force which would require properidentification and clearance before entryinto their premises, the User shall makenecessary arrangements with theirsecurity guards so that upon presentationof suitable identification, personnel fromthe City shall be permitted to enter,without delay, for the purposes of performing their specific responsibilities.

502.7 Pretreatment

Users shall provide necessarywastewater treatment as required tocomply with these Regulations and shallachieve compliance with allPretreatment Standards or Requirements.Any facilities required to pre-treatwastewater to a level acceptable to theCity shall be provided, operated andmaintained at the User's expense. APretreatment Facilities Report containingdetailed plans showing the pretreatmentfacilities and detailed operating

procedures shall be submitted to the Cityfor review, and shall be acceptable to theCity before construction or operation ofthe facility. Any User currentlyoperating that has not submitted a

Pretreatment Facilities Report shallsubmit this report to the City withinfifteen (15) days of the City's request forthis Report. The review of such plansand operating procedures will in no wayrelieve the User from its responsibility of providing an effluent limit whichcomplies with all Pretreatment Standardsor Requirements. User shall report inwriting to the City any changes in its pretreatment facilities, method of

operation or nature or characteristics ofthe wastewater prior to implementingsuch changes.

502.8 Record Keeping Requirements

(a) All Users shall retain all recordsrelating to compliance with PretreatmentStandards or Requirements includingdocumentation associated with BestManagement Practices for a period of atleast three (3) years, and shall contain allof the following requirements:

(1) the date, exact place, method,and time of sampling and the names ofthe person or persons taking the samples;

(2) the dates analyses were performed;

(3) who performed the analyses;

(4) the analyticaltechniques/methods used; and

(5) the results of such analyses.

(b) The period of retention shall beautomatically extended during the course



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of any unresolved dispute between theUser and the City, or when the City sorequests. Upon request, these recordsshall immediately be made available tothe City for inspection and copying.

502.9 Duty to Mitigate

Industrial User shall take all reasonablesteps to minimize or correct any adverseimpact on the environment resultingfrom noncompliance with anyPretreatment Standards or Requirements,including such accelerated or additionalmonitoring as is necessary to determinethe nature and impact of the non-

complying discharge.

502.10 Confidential Information

(a) Information and data on a Userobtained from reports, questionnaires, permit applications, permits andmonitoring programs and frominspections shall be available to the public or other governmental agencywithout restriction unless the Userspecifically requests and is able todemonstrate to the satisfaction of theCity that the release of such informationwould divulge information, processes ormethods of production entitled to protection as trade secrets of the User.

(b) When requested by the personfurnishing a report, the portions of areport which might disclose trade secretsor secret processes shall not be madeavailable for inspection by the public butshall be made available upon writtenrequest by governmental agencies foruses related to these Regulations, theCity's NPDES Permit, State DisposalSystem permit and/or the PretreatmentProgram, and for use by State andFederal government or any state or

federal agency in judicial review orenforcement proceedings involving the person furnishing the report. Effluentdata, as defined in Section 501.2(q), willnot be recognized as confidential

information.

502.11 Public Notification

The City shall publish, at least semi-annually in the daily newspaper with thelargest circulation a list of the Userswhich were in Significant Noncompliance, as defined in Section501.9(c) of these Regulations, during the previous six (6) months. The notification

may also summarize any enforcementactions taken against the User(s) duringthe same six (6) months.

502.12 Enforcement

(a) Emergency Suspensions

(1) Notwithstanding any other provisions of these Regulations, the Citymay suspend the wastewater treatmentservice and/or a Wastewater DischargePermit when such suspension isnecessary in the opinion of the City, inorder to stop an actual or threateneddischarge which:

(A) presents or may presentan imminent or substantialendangerment to the health or welfare of persons; or

(B) presents or may presentan imminent or substantialendangerment to the environment; or

(C) may cause or actuallycauses Interference to the POTW; or



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(D) may cause or actually

causes the City to violate any conditionof its NPDES Permit.

(2) Any person notified of a

suspension of wastewater treatmentservice and/or the Wastewater DischargePermit shall immediately stop oreliminate all contributions.

(3) Should the person fail toimmediately comply voluntarily with thesuspension order, the City shall takesuch steps as deemed necessary,including but not limited to terminationof water service, and/or immediate

severance of the sewer connection.

(4) City shall revoke its emergencysuspension order and restore wastewaterand/or water service once the followinginformation has been provided to andaccepted by the City:

(A) a detailed written reportdescribing the cause(s) of the harmfulcontribution and indicating whatmeasures have been taken to prevent anyfuture occurrence of same, and

(B) proof of the eliminationof the harmful discharge.

(5) Revocation of an emergencysuspension order and restoration ofwastewater and/or water service shallnot preclude the City from taking anyother enforcement action as permittedunder Sections 502.12(b)-(j), inclusive,and Section 501.9 of these Regulations.

(b) Revocation of Permit: Any User whoviolates these Regulations, theWastewater Discharge Permit, or anyapplicable Federal, State or local law, issubject to having his Wastewater

Discharge Permit revoked in accordancewith the procedures of Section 502.12(c)of these Regulations. Revocation of aUser's Permit requires the User toimmediately cease all wastewater

discharges.

(c) Procedure for Revocation of Permit

(1) Whenever the City finds thatany User has violated or is violating anyPretreatment Standards or Requirements,the City may serve personally or byregular or certified mail upon such person a notice of revocation stating thenature of the violation(s). Notice by

regular mail alone shall be deemedsufficient notice.

(2) Within fifteen (15) days of thedate of the notice of revocation, the Usershall respond in writing. The responsemust state why the violation occurred,the steps taken to prevent its recurrence,and whether the violation has beencorrected. If the response indicates thatthe violation has not been corrected, theresponse shall contain a plan for theimmediate correction of the violation.

(3) The Commissioner shallconsider the User's response, if any, before rendering his final determinationorder. The Commissioner's finaldetermination order may direct that:

(A) the User's Permit beimmediately revoked; or

(B) the User's Permit berevoked on a specified future date unlessadequate treatment facilities, devices orother related appurtenances shall have been installed and existing treatmentfacilities, devices or other relatedappurtenances are properly operated; or



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(C) the User's Permit shall

continue in effect.

(4) Further orders and directives as

are necessary and appropriate may beissued.

(d) Enforcement of Permit Revocation:If the User fails to immediately cease allwastewater discharges upon therevocation of his Wastewater DischargePermit, the Commissioner may order anyof the following actions to be taken:

(1) immediate termination of the

User's water service;

(2) immediate severance of theUser's sewer connection; and

(3) any other action designed toimmediately terminate the User'swastewater discharge.

(4) All costs related to terminatingor reinstating after termination the User'swater and/or sewer service shall be borne by the User.

(e) Reissuance of Permit afterRevocation

(1) Where a User has failed torespond to a notice of revocation inaccordance with Section 501.9(c) ofthese Regulations and/or has failed tocomply with the Commissioner's finaldetermination order, the City maydecline to reissue a permit.

(2) No permit shall be reissueduntil the User has submitted andcompleted a corrective action plan,which will ensure compliance with allPretreatment Standards or Requirements.

(3) Prior to reissuance of a Permitthe City may require the User to:

(A) file with the City a

performance bond payable to the City, ina sum not to exceed a value determined by the City to be necessary to achieveconsistent compliance; or

(B) submit proof that it hasobtained liability insurance acceptable tothe City, sufficient to restore or repairthe POTW for damages that may becaused by the User's discharge.

(f) Procedure for Terminating Dischargeagainst Non-Permitted Users

(1) Whenever the City finds thatany User has violated or is violating anyPretreatment Standards or Requirements,the City may serve personally or byregular or certified mail upon such Usera notice of the City's intent to terminatethe User's discharge, along with adescription of the User's violation(s). Notice by regular mail shall be deemedsufficient notice.

(2) Within fifteen (15) days fromthe date of the notice of the City's intentto terminate, the User shall respond inwriting. The User's response shallinclude a plan for the satisfactorycorrection of the violation(s).

(3) The Commissioner shallconsider the User's response, if any, before rendering his final determinationorder. The Commissioner's finaldetermination order may direct that:

(A) the User immediatelycease all wastewater contributions; or



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(B) the User be prohibitedfrom contributing wastewater into thePOTW unless adequate treatmentfacilities are installed and operating; or

(C) the User may continuehis wastewater contribution.

(4) Further orders and directives asare necessary and appropriate may beissued.

(5) If a User fails to immediatelycomply with the Commissioner's finaldetermination order, the Commissionermay enforce his order by taking any or

all of the actions stated in Section502.12(d) of these Regulations. Inaddition, the Commissioner may use anyother administrative, legal, or equitablerelief available.

(6) After termination, the User mayapply to the Commissioner to once againcontribute wastewater into the City'ssystem. The Commissioner may accept,deny, or condition his acceptance of theapplication pursuant to Section502.12(e) of these Regulations.

(g) Administrative Orders

(1) Whenever a User has violatedor continues to violate any PretreatmentStandards or Requirements, theCommissioner may issue anAdministrative Order requiring the Userto correct the violations and to return tocompliance. The Order may require thatthe User take any or all of the followingactions:

(A) install new or additional pretreatment facilities to ensurecompliance with all PretreatmentStandards or Requirements;

(B) make operational changesto ensure compliance with allPretreatment Standards or Requirements;

(C) meet interim and/or finaldeadlines by which actions and/orcompliance must be achieved;

(D) conduct additional self-monitoring and additional reporting;

(E) require remediation ofany damage done to the POTW or theenvironment;

(F) establish interim effluentlimits;

(G) require the User'sWastewater Discharge Permit to beamended in accordance with theseRegulations;

(H) require the User tosubmit information and reports;

(I) pay fines in accordancewith Section 501.9 of these Regulations;or

(J) take any other action,which the Commissioner deemsnecessary to ensure both present andfuture compliance with all PretreatmentStandards or Requirements.

(2) If the User fails to comply withthe Administrative Order, the User'swastewater and/or water service may beterminated. The issuance of anAdministrative Order shall not be a baragainst, or a prerequisite for, taking anyother action against the User. If the Userwishes to contest the AdministrativeOrder, he shall file its appeal pursuant to



the Philadelphia Home Rule Charterwithin 30 days. Failure to appeal withinthis time period shall result in a waiverof all legal rights to contest the violationor any provisions contained in the Order.

(h) Administrative Consent Orders

The Commissioner may enter intoAdministrative Consent Ordersestablishing an agreement with any User.An Administrative Consent Order maycontain any or all of the provisionscontained in Section 502.12(g) of theseRegulations. Administrative ConsentOrders shall have the same force and

effect as Administrative Orders.

(i) Legal Action

If any person violates any PretreatmentStandards or Requirements, the CitySolicitor may commence an action forappropriate legal and/or equitable reliefin the appropriate court.

(j) Injunctive Relief

If an Industrial User violates anyPretreatment Standards or Requirements,the City may petition the Court for aninjunctive relief, which restrains orcompels the activities on the part of theIndustrial User.

503.0 MISCELLANEOUS

503.1 City's Right of Revision

The City reserves the right to establish by regulation more stringent limitationsor requirements on discharges to theCity’s Wastewater System if deemednecessary to comply with the objectives presented in Section 501.1 of these

503.2 Severability

If any provision, paragraph, word,section, or article of these Regulations isinvalidated by any court of competent

jurisdiction, the remaining provisions, paragraphs, words, sections and articlesshall not be affected and shall continuein full force and effect.

503.3 Conflict

All other regulations and parts of otherregulations inconsistent or conflictingwith any part of these Regulations arehereby repealed to the extent of such

inconsistency or conflict.

503.4 Effect of Regulations

These Regulations shall apply to the Cityand to persons outside the City who are, by contract or agreement with the City,users of the POTW.

pwd regulations chapter 5, december 2013

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