[Adopted 12-21-1994 by Ord. No. 94-21;
amended in its entirety 3-12-2018 by Ord. No. 2018-06]
A.
Purpose. This article sets forth the following uniform requirements
for users of the sewer system and enables the Borough to regulate
the use of the sewer system and to comply with the requirements of
the Clean Water Act (33 U.S.C § 1251 et seq.), the General
Pretreatment Regulations (Title 40 of the Code of Federal Regulations
Part 403) and other applicable state and national laws and regulations:
B.
Objectives. The objectives of this article are to:
(1)
Prevent the introduction of pollutants into the sewer system that
will cause interference, increase the difficulty or costs of operation
of the collection system or the sewage treatment plant or reduce the
efficiency or effectiveness of the collection system or sewage treatment
plan.
(2)
Prevent pass-through of pollutants, inadequately treated, to the
environment.
(3)
Protect workers and the general public from exposure to toxic or
other dangerous substances.
(4)
Protect the sewer system from damage.
(5)
Improve the opportunity to recycle or reclaim wastewater or sludge.
(6)
Provide for the equitable distribution of the cost of the operation,
administration and enforcement of the industrial pretreatment program.
(7)
Enable the Borough to comply with all applicable state and national
laws, rules and regulations, including NPDES permit conditions, sludge
use and disposal requirements, air quality standards and water quality
standards.
C.
Reservation of rights. Notwithstanding any other provision to the
contrary, nothing in this article shall be deemed to be a legally
binding commitment under the Clean Water Act, 33 U.S.C § 1251
et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq.,
and applicable regulations (e.g., 40 CFR Part 403, Title 25 Pa. Code)
for the Borough to undertake pretreatment implementation or enforcement
activities beyond the minimum otherwise required by these laws and
regulations.
D.
Borough implementation of pretreatment provisions for significant industrial users will be reflected in a wastewater discharge permit, special agreement and/or waiver, as applicable, as provided for by §§ 242-11 and 242-8, Subsection C(2), of this article. Nevertheless, the Borough maintains discretionary authority to undertake pretreatment activities beyond the minimum required.
E.
This article shall apply to all users of the publicly owned treatment
works. The article provides for monitoring, compliance, and enforcement
activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE (OF INDUSTRIAL USER)
(1)
(a)
(b)
(c)
(d)
(2)
BEST MANAGEMENT PRACTICES (BMPS)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BUILDING SEWER
BYPASS
CATEGORICAL INDUSTRIAL USER
CATEGORICAL STANDARDS
CERTIFIED PROFESSIONAL
CHAIN OF CUSTODY
CLEAN STREAMS LAW
COLOR
COMBINED WASTE FORMULA
COMPLIANCE
COMPOSITE SAMPLE
DAILY MAXIMUM
DISCHARGE
DOMESTIC WASTE
ENFORCEMENT RESPONSE PLAN
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EXISTING SOURCE
GARBAGE
GRAB SAMPLE
GROUNDWATER
HOLDING TANK WASTE
INDUSTRIAL PRETREATMENT PROGRAM
INDUSTRIAL USER
INDUSTRIAL WASTE
INFECTIOUS WASTE
INTERFERENCE
(1)
(2)
LOCAL LIMITS
MANHOLE
MG/L
MONTHLY AVERAGE
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONCOMPLIANCE
NONCONTACT COOLING WATER
NORMAL PRODUCTION DAY
NPDES PERMIT
OPERATOR
OWNER
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
PRETREATMENT
PRETREATMENT COORDINATOR
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD or STANDARD
PROHIBITED DISCHARGE
PROHIBITIVE DISCHARGE STANDARD
PUBLICLY OWNED TREATMENT WORKS (POTW)
QUALIFIED ANALYST
REFRIGERATION
SANITARY SEWAGE
SANITARY SEWER
SEPTIC TANK WASTE
SEWAGE COLLECTION SYSTEM
SEWAGE TREATMENT PLANT
SEWER
SEWER SYSTEM
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
SIGNIFICANT NONCOMPLIANCE
SIGNIFICANT VIOLATOR
SLUG DISCHARGE CONTROL PLAN
SLUG or SLUG LOAD
SPCC PLAN
SPILL
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORM SEWER
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOTAL SOLIDS
TOTAL TOXIC ORGANICS
TOXIC ORGANIC MANAGEMENT PLAN
TOXIC POLLUTANT
UNAUTHORIZED DISCHARGE
UNAUTHORIZED WASTE
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
The following words, terms and phrases will hereinafter have the
meanings set forth in this section, unless the context clearly requires
a different meaning:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of Region III of the EPA.
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of president,
secretary, treasurer or vice president in charge of a principal business
function, or any other person who performs a similar policy- or decision-making
function, if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
A principal executive officer or director having responsibility
for the overall operation of the discharging facility or a ranking
elected official if the industrial user is a governmental entity,
charitable organization or other such unincorporated entity; or
If an authorization under Subsection (1)(d) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of Subsection (1)(d) of this definition must be submitted to the Borough prior to or together with any reports to be signed by an authorized representative.
Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 242-8A(3) and (4). BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. (68° F.), expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
The Borough of Chambersburg, Franklin County, Pennsylvania,
a municipal corporation existing under the laws of the Commonwealth
of Pennsylvania, and the Mayor and Town Council thereof, its agents
and officials.
A sanitary sewer conveying wastewater from the premises of
a user to the sewer system.
The intentional diversion of wastewater from any portion
of an industrial user's pretreatment facility.
An industrial user subject to categorical standards.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with sections of 307(b) and (c) of the Act (33
U.S.C. § 1317) that apply to a specific category of users
and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
A registered professional engineer under the laws of the
state.
A record of sample collection indicating the place, date
and time of collection and the person collecting the sample. It also
includes a record of each person involved in possession of the sample,
including the laboratory person who takes final possession of the
sample for the purpose of analysis.
The Act of June 22, 1937, P.L. 1987, as amended, 35 P.S.
§§ 691.1 to 691.702.
Color of light transmitted through a waste after removal
of all suspended matter, including pseudo-colloidal particles, and
measured in platinum-cobalt units.
A procedure for calculating discharge concentrations of constituents
of industrial waste, as defined in 40 CFR 403.6(e).
Adherence to conditions or requirements of this article or
the industrial pretreatment program, any written directions issued
by the Borough or any wastewater discharge permit or other permit
issued under the provisions of this article.
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-proportioned composite
sample) or be of equal size and taken at equal time intervals (equal-time
composite sample). A composite grab sample is composed of individual
grab samples collected and preserved individually and combined for
analysis only at the time of analysis.
The highest value obtained for samples collected in any calendar
day. When used in a limit, the daily maximum is the highest value
allowed in any composite sample, or the maximum value allowed as an
average of one or more grab samples taken during a calendar day. The
daily maximum may also be expressed as the maximum mass allowed to
be discharged during any one calendar day.
The introduction of pollutants into the sewer system from
any nondomestic source regulated under Section 307(b), (c) or (d)
of the Act.
Normal household wastes from kitchens, water closets, lavatories
and laundries, or any waste from a similar source and possessing the
same characteristics.
A plan and guide developed pursuant to 40 CFR 403.8(f)(5)
providing for the enforcement of the industrial pretreatment program.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
standards, which categorical standards will be applicable to such
source if the categorical standard is thereafter promulgated in accordance
with Section 307 of the Act.
Solid or semisolid waste resulting from the preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and within a
period of 15 minutes or less.
Water which is contained in or passing through the ground.
The liquid and/or solid material from a septic tank, cesspool
or similar domestic waste treatment or containment system or waste
from holding tanks such as those found in vessels, chemical toilets,
campers or house trailers.
The sum of the provisions of this article, amendments thereto,
and any activities authorized by this article as regards the regulation
and control of industrial users to the extent required by the federal
minimum pretreatment regulations set forth in 40 CFR Part 403.
Any person who discharges industrial waste into the sewer
system.
Any solid, liquid or gaseous substance, or form of energy,
which is produced as a result, whether directly or indirectly, of
any industrial, manufacturing, trade or business process or activity,
or in the course of developing, recovering or processing natural resources,
and which is discharged into the sewer system, but not noncontact
cooling water or sanitary sewage. Any wastewater which contains industrial
waste and which is discharged from an industrial, manufacturing, trade
or business premises is considered industrial waste for the purpose
of this article.
Any substance which is discharged and which consists of or
is contaminated by pathogens or other etiologic agents and which has
not been sterilized, neutralized or otherwise rendered harmless. "Infectious
waste" includes but is not limited to contaminated blood, blood products
or other bodily fluids (excepting excreta discharged by normal bodily
functions); wastes, including excreta, from patient isolation areas;
laboratory samples or test materials; animal wastes and bedding; body
parts; pathology and autopsy wastes; and glassware, hypodermic needles,
surgical instruments and other sharps.
The condition in which discharge, alone or in conjunction
with discharges from other sources:
Inhibits or disrupts the processes or operations of the sewage
treatment plant or the sewage collection system or the processing,
use or disposal of sludge; or
Is a cause of a violation of any requirement of the Borough's
NPDES permit (including an increase in the magnitude or duration of
a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act and the Solid Waste Disposal Act
(SWDA) [including Title II, more commonly referred to as the "Resource
Conservation and Recovery Act (RCRA)"], and including state regulations
contained in any state sludge management plan prepared pursuant to
Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control
Act and the Marine Protection, Research and Sanctuaries Act, or which
results in or increases the severity of a violation of other state
or national environmental statutes, rules or regulations.
Numerical limitations on the concentration, mass or other
characteristics of wastes or pollutants discharged, or likely to be
discharged, by industrial users and which are developed by the Borough.
A structure allowing access from the surface of the ground
to a sewer.
Milligrams per liter; a measure of concentration of waterborne
substances.
The arithmetic mean of all daily determinations of concentration
made during a calendar month.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users. National Categorical Pretreatment Standards are enumerated
in 40 CFR, Chapter I, Subchapter N, Parts 405 et seq.
Any building, structure, facility or other source from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed categorical standards
under Section 307(c) of the Act which will be applicable to such source
if such categorical standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility, or installation is constructed
at a site where no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
to an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous onsite construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this paragraph.
Not in compliance.
The water from any use, such as air conditioning, cooling
or refrigeration, which does not come into contact with any raw material,
product, by-product or waste and to which the only pollutant added
is heat.
For the purposes of sampling wastewater, a normal production
day is that period of time during which wastewater is discharged and
production, cleanup and other activities that normally produce wastewater
or industrial waste are occurring. If a sample is specified to be
collected during a normal production day, it should not include aliquots
taken during low waste stream flow periods that are not representative
of normal activities or during times when wastewater is not being
discharged.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any person having charge, care, control or management of
a pretreatment facility for industrial wastes or of a truck or trucks
used in the removal, transport or disposal of wastewater or industrial
wastes.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property or facility.
Discharge of pollutants which exits the POTW to the waters
of the state and, either alone or in conjunction with other discharges,
causes a violation of the Borough's NPDES permit or an increase
in the magnitude or duration of any such violation; or the concentration
of pollutants in the sludge so that the end use of the sludge causes
or contributes to pollution, harm to the environment or a violation
of any state or national sludge disposal regulation, guideline or
standard.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or his or its legal representatives,
agents or assigns. The masculine gender shall include the feminine,
and the singular shall include the plural where indicated by the context.
This definition includes all federal, state, and local governmental
entities.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
Any substance, including but not limited to dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, medical
wastes, backwash from water filtration and industrial, municipal and
agricultural waste, and certain characteristics of wastewater, such
as biochemical oxygen demand, color, pH or toxicity.
The contamination of any waters of the state such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or welfare
or to domestic, municipal, commercial, industrial, agricultural, recreational
or other legitimate beneficial uses or to livestock, wild animals,
birds, fish or other aquatic life; or contamination of the air, soil
or of the environment so as to produce or be likely to produce similar
deleterious effects.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a sewer system. The reduction or alteration can
be obtained by physical, chemical or biological processes or by means
of other process changes, except by diluting the concentration of
the pollutants unless allowed by an applicable pretreatment standard.
The agent of the Borough designated to administer the provisions
of the industrial pretreatment program.
Any substantive or procedural requirement, other than a categorical
standard, imposed on an industrial user by Section 307(b) and (c)
of the Act, the state or the industrial pretreatment program.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
A publicly owned treatment works as defined by Section 212
of the Act (33 U.S.C. § 1292). The term includes any devices
or systems used in the collection, storage, treatment, recycling,
and reclamation of sewage or industrial wastes of a liquid nature
and any conveyances which convey wastewater to a treatment plant.
Any person who has demonstrated competency in the analysis
of wastewater by submission of his generally recognized documentation
of competency to the Borough or who is normally employed in the capacity
of analyst by a professional analytical laboratory.
Maintenance of temperature for storage, preservation of food
or as a process of manufacturing.
The normal water-carried domestic wastes from any improved
property, but excluding effluent from septic tanks or cesspools; rain,
snow or stormwater; groundwater; or other collected water from roofs,
drains or basements.
A sewer designed and constructed primarily for carrying sanitary
sewage or industrial wastes, not storm-, surface or ground waters.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
All facilities of the Borough or any municipality party to
a service agreement with the Borough, as of any particular time, used
or usable for collecting, transporting, pumping and disposing of wastewater,
which facilities are connected to and served by the sewage treatment
plant.
That portion of the sewer system owned and operated by the
Borough which is designed to provide treatment of wastewater and discharge
of treated effluent to the environment.
A pipe or conduit for conveying wastewater or stormwater.
The sewage collection system, sewage treatment plant and
any sewers that convey wastewater to the sewage treatment plant. For
the purposes of this article, "sewer system" shall also include any
sewers that convey wastewater to the sewage treatment plant from persons
who are users of the sewer system.
Except as provided by 40 CFR 403.3(v)(2) and (3), an industrial
user which:
Has a discharge flow of 25,000 gallons or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater) per average workday;
Discharges a process wastestream which makes up 5% or more of
the average dry weather hydraulic or organic capacity of the sewage
treatment plant;
Is regulated by a categorical standard; or
Is determined by the Borough to have the reasonable potential
of adversely affecting the operation of the POTW, causing interference
or pass-through, or of violating any pretreatment standard or requirement.
A noncompliance which meets or exceeds standards of significant noncompliance determined by the Borough and contained in § 242-8D(12) of this article.
Any industrial user in significant noncompliance.
A plan prepared by an industrial user to minimize the likelihood
and intensity of a slug load or spill and to expedite control and
cleanup activities should a slug load occur, meeting the requirements
of 40 CFR § 403.8(f)(2)(vi).
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 242-8A of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
A spill prevention, control and countermeasure plan prepared
by an industrial user to minimize the likelihood and intensity of
spills and to expedite control and cleanup activities should a spill
occur.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
or the control or cleanup activities associated with such an occurrence.
An accidental spill may result from the spilling, overflowing, rupture
or leakage of any storage, process or transfer container.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Commonwealth of Pennsylvania.
A sewer designed and constructed primarily for the purpose
of carrying stormwater, not sanitary sewage or industrial wastes.
Storm sewers are not part of the sewage collection system.
Any flow of water occurring during or following any form
of natural precipitation and resulting therefrom, including snowmelt.
The Superintendent of the Water and Sewer Department of the
Borough or his duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids and which is
removable by laboratory filtering.
The sum of the dissolved and undissolved solid constituents
of water or wastewater.
The sum of all quantifiable values of various organic pollutants
as determined by the Borough or, for certain categorical industrial
users, as defined in the applicable categorical standard.
A plan submitted in lieu of testing for total toxic organics
in which an industrial user specifies methods of control to assure
that total toxic organics do not routinely enter the sewer system.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Section 307(a) of the Act
or identified in sludge regulations under Section 405(d) of the Clean
Water Act which are applicable to the Chambersburg POTW sludge.
Discharge of an unauthorized waste, or a discharge which
otherwise is not in compliance with the requirements of the industrial
pretreatment program, this article or other rules or regulations of
the Borough.
Any substance which is discharged into the sewage collection
system which is not in compliance with the provisions of the industrial
pretreatment program or which is discharged by a person in violation
of any of the provisions of this article.
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
Industrial wastes or domestic wastes from dwellings, commercial
buildings, industrial facilities and institutions, together with any
groundwater, surface water and stormwater that may be present, whether
treated or untreated, which enters the sewer system.
As set forth in § 242-8C of this article.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
B.
Shall is mandatory; may is permissive.
A.
Regulated discharges.
(1)
Discharge of stormwaters. No person shall discharge or cause or permit
to be discharged any stormwater, surface water, groundwater, roof
water, subsurface drainage, building foundation drainage or stormwater
from pavements and areaways into any sanitary sewer.
(2)
Storm sewers. (Reserved)
(3)
General prohibitions. No user shall introduce or cause to be introduced,
directly or indirectly, any pollutant or wastewater into the POTW,
which causes pass-through or interference. These general prohibitions
apply to all users, whether or not they are subject to categorical
pretreatment standards or other pretreatment standards or requirements.
(4)
Specific prohibitions. No user may discharge any of the following
substances into the sewer system:
(a)
Any liquids, solids or gases which by reason of their nature
or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the sewer system or to the operation of the sewer
system.
[1]
At no time shall two successive readings on an explosion hazard
meter at the point of discharge into the system (or at any point in
the system) be more than 5% nor any single reading over 10% of the
lower explosive limit (LEL) of the meter.
[2]
At no time shall the closed-cup flashpoint of the discharged
wastewater be less than 140° F. (60° C.) using the test methods
specified in 40 CFR 261.21. Prohibited materials include but are not
limited to the following substances in concentrations which cause
exceedance of the above standard: gasoline, kerosene, naphtha, benzene,
ethers, alcohols, peroxides, chlorates, perchlorates, bromates and
carbides.
(b)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the sewer
system, such as but not limited to grease, garbage with particles
greater than 1/2 inch in any dimension, animal guts or tissues, paunch
manure, bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
wastepaper, wood, plastics, gas, tar, asphalt residues, residues from
refining or processing of fuel or lubricating oil, mud or glass grinding
or polishing wastes.
(c)
Any wastewater having a pH less than 6.0 or higher than 10.0
or wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or personnel of the
sewer system.
(d)
Any wastewater containing pollutants in sufficient quantity,
either singly or by interaction with other constituents of the wastewater,
to injure or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a toxic effect in the receiving
waters of the sewage treatment plant or exceed the limitation set
forth in an applicable categorical standard.
(e)
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other substances present in the sewer
system, are sufficient to create a public nuisance or hazard to life
or are sufficient to prevent entry into the sewer system for maintenance
and repair.
(f)
Any substance which results in the formation or release of toxic
gases, vapors or fumes in a quantity that may cause acute worker health
and safety problems.
(g)
Oil and grease (Hexane extractable material by n-Hexane extraction
and gravimetry USEPA Method 163, Rev. A) in amounts which exceed 100
mg/L.
(h)
Any substance which may cause the sewage treatment plant's
effluent or any other product of the sewage treatment plant, such
as residues, sludges or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case shall
a substance discharged to the sewer system cause the sewage treatment
plant to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Clean Water Act, Solid Waste Disposal Act, the Clean
Air Act, the Toxic Substances Control Act or state criteria applicable
to the sludge management method being used.
(i)
Any substance which will cause the Borough to violate its NPDES
and/or state water quality management permit or applicable receiving
water quality standards.
(j)
Any wastewater with objectionable color which will pass through
the treatment plant or which will cause or contribute to pollution,
such as but not limited to dye wastes and vegetable tanning solutions.
(k)
Any wastewater having a temperature which will inhibit biological
activity in the sewage treatment plant, resulting in interference,
but in no case wastewater with a temperature at the discharge into
the sewer system which exceeds 40° C. (104° F.).
(l)
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause
interference with the sewage treatment plant or interfere with the
operation of the sewer system.
(m)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Borough or applicable state or national standards, cause interference
or otherwise adversely impact the POTW or cause or contribute to pollution.
(n)
Any wastewater which is incompatible with treatment processes
in use at the sewage treatment plant so as to cause interference or
pass-through.
(o)
Any wastewater containing any compounds or salts of aldrin,
dieldrin, endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic
acid, trichlorophenoxyproprionic acid or other persistent herbicides,
pesticides or rodenticides.
(p)
Any infectious waste.
(q)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass-through.
(r)
Trucked or hauled pollutants, except at discharge points designated by the Water and Sewer Superintendent in accordance with § 242-8A(13) of this article.
(5)
Unauthorized discharges. Except as otherwise provided in § 242-11 of this article, discharge of any prohibited substance listed under Subsections A(3) or (4) of this section shall be considered an unauthorized discharge, and the Borough may take whatever steps are necessary to halt such a discharge, as set forth in Subsection D of this section.
(6)
National categorical pretreatment standards.
(a)
If the categorical standards for a particular industrial user
are more stringent than local limits or other requirements imposed
under this article, then the categorical standards shall apply. The
National Categorical Pretreatment Standards as set forth in 40 CFR
Part 405 et seq. are hereby incorporated into the industrial pretreatment
program as program requirements for those industrial users subject
to such categorical standards.
(b)
When wastewater subject to a categorical pretreatment standard
is mixed with wastewater not regulated by the same standard, the Superintendent
may impose an alternate limit in accordance with 40 CFR 403.6(e).
(7)
State requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than national
requirements and limitations or those established under this article.
(8)
Local limits. The Borough may establish, and review from time to
time, local limits regulating the discharge of specific pollutants
by industrial users. Local limits developed to prevent pass-through
or interference or to implement prohibitive discharge standards shall
be approved by the approval authority.
(a)
Local limits may be established for any substance which is discharged,
or is likely to be discharged, to the sewer system.
(b)
Local limits may limit concentration, mass or a combination
of the two.
(c)
The procedure for the calculation of local limits may be as
recommended by the approval authority or otherwise considered appropriate
by the Borough.
(d)
Local limits shall be calculated for pollutants, as deemed necessary,
to prevent interference and pass-through. In addition, local limits
may be calculated to prevent the discharge of toxic materials in toxic
amounts; threats to worker health and safety; and physical, chemical
or biological damage to the sewer system.
(e)
Local limits are applicable to all significant industrial users
and may be included in wastewater discharge permits. Local limits
may be applied to other industrial users if deemed appropriate by
the Borough.
(f)
Discharging any pollutant in excess of a local limit established
for that pollutant shall constitute an unauthorized discharge.
(g)
The Superintendent is authorized to establish local limits pursuant
to 40 CFR 403.5(c).
(9)
Borough's right of revision. The Borough reserves the right
to establish, by ordinance or in individual wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW
consistent with the purpose of this article.
(10)
Prohibition on dilution. Except where expressly authorized to
do so by an applicable categorical standard or pretreatment requirement,
no user shall increase the use of process water, or in any way attempt
to dilute a discharge as a partial or complete substitute for adequate
pretreatment, to achieve compliance with the limitations contained
in applicable categorical standards or in any other pollutant-specific
limitation, including local limits, developed by the Borough or state.
The superintendent may impose mass limitations on users who are using
dilution to meet applicable pretreatment standards or requirements,
or in other cases when the imposition of mass limitations is appropriate.
(11)
Slug loads and spills. Each industrial user shall provide protection
from slug loads, spills, and accidental discharges that result in
unauthorized discharges or slug load discharges. Facilities to prevent
spills and slug loads shall be provided and maintained at the owner's
or industrial user's own cost and expense.
(a)
Notification. In the case of a spill or slug load or other unauthorized
discharge, it is the responsibility of the industrial user to immediately
telephone and notify the Superintendent of the incident. The notification
shall include location of discharge, type of waste, concentration
and volume, corrective actions being taken or planned and expected
duration.
(b)
Notice to employees. A notice shall be permanently posted on
the industrial user's bulletin board or other prominent place
advising employees who to call in the event of a spill or other unauthorized
discharge. Employers shall ensure that all employees who may cause
or suffer such a discharge to occur are advised of the emergency notification
procedure.
(c)
Written notice.
[1]
Within five days following a spill, slug load or other unauthorized
discharge, the industrial user shall submit to the Borough a detailed
written report describing the cause of the discharge and the measures
to be taken by the industrial user to prevent similar future occurrences.
[2]
Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system, fish kills or any other damage to person or property, nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this article or applicable law. This notice requirement may be waived by the Borough for an industrial user which is not required to submit a plan under Subsection A(11)(d) below.
(d)
Slug discharge control plans.
[1]
All existing significant industrial users shall complete a slug
discharge control plan or provide acceptable evidence that such a
plan is not necessary for their facility. No significant industrial
user which commences discharge to the sewer system after the effective
date of this article shall be permitted to introduce pollutants into
the sewer system until this requirement has been fulfilled. The Borough,
at its discretion, may require a slug discharge control plan for any
other user.
[2]
Slug discharge control plans shall, at a minimum, contain the
plan elements specified in 40 CFR 403.8(f)(2)(vi)(A) through (D):
[a]
Description of discharge practices, including nonroutine
batch discharges;
[b]
Description of stored chemicals;
[c]
Procedures for immediately notifying the POTW of
slug discharges, including any discharge that would violate a prohibition
under 40 CFR § 403.5(b), with procedures for follow-up written
notification within five days;
[d]
If necessary, procedures to prevent adverse impact
from accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants
(including solvents), and/or measures and equipment for emergency
response.
[3]
Slug discharge control plans shall be submitted to the Borough
for review before implementation of the plan or construction of any
required facilities. The industrial user shall make revisions as required
by the Borough. Review of such plans, facilities and operating procedures
by the Borough shall not relieve the industrial user from the responsibility
to modify its facility as necessary to meet the requirements of the
industrial pretreatment program.
(e)
All industrial users are required to notify the Borough immediately
of any changes at their facility affecting the potential for a slug
discharge.
(12)
Drainage of water filtration system. Discharge of filter backwash
water to the sewer system shall be regulated as follows:
(a)
Granular media filter backwash water may be discharged to the
sewer system, subject to all of the applicable provisions of this
article.
(b)
Diatomaceous earth filter backwash, if discharged to the sewer
system, shall be connected to the sewer system through settling tanks
with no less than three months' storage capacity of spent diatomaceous
earth, which tanks shall be accessible for removing solid waste for
disposal.
(13)
Trucked and hauled wastes.
(a)
Discharge of trucked or hauled wastes shall only be made at
points designated by the Superintendent, and at times established
by the Superintendent. No load may be discharged without prior consent
of the Superintendent.
(b)
Such wastes shall conform to all requirements of the industrial
pretreatment program regarding prohibited discharges, regulated characteristics,
local limits or other requirements as to nature and concentration.
(c)
No trucked or hauled wastes shall be discharged except as specifically
approved by the Superintendent. The Superintendent may require testing,
reporting or other specific information to be presented by the operator
or owner prior to discharge. The Superintendent may collect samples
of each hauled load to ensure compliance with applicable standards.
The Superintendent may require the industrial waste hauler to provide
a waste analysis of any load prior to discharge.
(d)
In order to implement the provisions of Subsection A(13)(c) of this section, the Borough may establish a permit system or other means of control and may set rate, frequency, volume or other controls on the discharges from such vehicles.
(e)
The Superintendent may require haulers of industrial waste to
obtain individual wastewater permits. The Superintendent may require
generators of hauled industrial waste to obtain individual wastewater
discharge permits. The Superintendent may also prohibit the disposal
of hauled industrial waste. The discharge of hauled industrial waste
is subject to all other requirements of this article.
(f)
Industrial waste haulers must provide a waste-tracking form
for every load. This form shall include, at a minimum, the name and
address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
(14)
Grease and sand traps. Grease, oil and sand interceptors or
traps shall be provided by a user when the Borough determines that
such devices are necessary for the proper handling of wastewaters
containing greases, oils or settleable solids. Interceptors and traps
shall be installed, operated, maintained and cleaned properly so that
they will consistently remove the grease, oil or settleable solids.
Interceptors and traps shall be properly designed to accommodate the
maximum flow rate expected to occur and shall be located so as to
be readily and easily accessible for cleaning and inspection. Commercial
and institutional establishments with food preparation or vehicular
repair facilities shall document compliance with requirements of the
Borough Plumbing Code for the installation and maintenance of devices
designed to control the release of oil and grease and/or grit into
the sewer system. Such establishments are subject to inspection by
the Borough at reasonable times. A user who operates such an establishment
shall maintain records of the installation and maintenance of control
devices and shall provide a Borough inspector immediate access to
commercial areas, control devices, and records of installation and
maintenance. A user shall adjust the frequency of maintenance as is
necessary to prevent releases. A user shall be in violation of this
article if scheduled maintenance of devices is not provided or if
releases result in violation of the Plumbing Code or this article,
or if releases result in fouling or obstruction of the public sewer.
The Borough may, upon determining that releases are occurring, issue
an order for installation, replacement, upgrade, and/or maintenance
of a control device and a schedule for such actions. Failure of a
user to comply with such an order constitutes a violation of this
article.
(15)
Garbage grinders. The use of mechanical garbage grinders producing
a finely divided mass, properly flushed with an ample amount of water,
shall be permitted in the kitchens of dwelling units and food preparation
areas of commercial or industrial establishments upon the registration
of each such device with the Borough.
(16)
Notification requirements: hazardous wastes and hazardous substances.
(a)
All industrial users shall notify the Borough, the EPA Regional
Waste Management Division Director and the Pennsylvania Department
of Environmental Resources, Bureau of Waste Management, in writing,
of any discharge into the POTW of a substance which, if otherwise
disposed of, would be a hazardous waste under 40 CFR Part 261. Such
notification shall include the name of the hazardous waste, as set
forth in 40 CFR Part 261, the EPA hazardous waste number and the type
of discharge (continuous, batch or other). If the industrial user
discharges more than 100 kilograms of such waste per calendar month,
the notification shall also include the following information, to
the extent that it is known and readily available to the industrial
user:
[1]
An identification of the hazardous constituents contained in
the waste;
[2]
An estimation of the mass and concentration in the wastewater
of all such constituents discharged during that calendar month; and
[3]
An estimate of the mass and concentration of such constituents
expected to be discharged during the following 12 months.
(b)
Industrial users that commence discharge of a hazardous waste after the effective date of this article shall submit the report within 180 days of the first discharge of the hazardous waste, except as provided in Subsection A(16)(d) of this section. If the new discharge constitutes a change in the character of the industrial waste, the industrial user shall also comply with the requirements of Subsection C(25) of this section. In the case of any new regulations under 40 CFR Part 261 identifying additional wastes as characteristic or listed hazardous waste, the industrial user discharging such substances shall submit the report within 90 days of the effective date of the new regulations.
(c)
The required report need be submitted only once for each hazardous
waste discharged. Industrial users regulated under categorical standards
which have already reported such substances in baseline monitoring
reports, ninety-day compliance reports or periodic compliance reports
do not have to report this information again.
(d)
Industrial users that discharge less than 15 kilograms of hazardous
wastes in a calendar month do not have to comply with these reporting
requirements. This exemption does not apply to acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e).
(e)
Each notification required by this section shall include a statement
certifying that the industrial user has a program in place to reduce
the volume and/or toxicity of the discharged wastes to the extent
that it is economically practical. This statement shall be signed
by the authorized representative of the industrial user.
(f)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
(g)
In the case of any new regulations under section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user must notify
the Borough, the EPA Regional Waste Management Waste Division Director,
and state hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
B.
Fees.
(1)
Purpose. It is the purpose of this Subsection B to provide for the recovery of costs from industrial users of the sewer system for the implementation of the industrial pretreatment program established herein. The applicable charges or fees shall be set forth in the Borough's schedule of charges and fees.
(2)
Fees that may be charged.
(a)
The Borough may adopt charges and fees which may include:
[1]
Fees for reimbursement of costs of setting up and operating
the industrial pretreatment program;
[2]
Fees for monitoring, inspections and surveillance procedures;
[3]
Fees for reviewing accidental discharge procedures (slug discharge
control plans) and construction;
[4]
Fees for wastewater discharge permit applications;
[5]
Fees for filing appeals;
[6]
Fees for consistent removal (by the sewage treatment plant)
of pollutants otherwise subject to categorical standards; and
[7]
Other fees as the Borough may deem necessary to carry out the
requirements contained herein.
(b)
These fees relate solely to the matters covered by this article
and are separate from all other fees chargeable by the Borough.
C.
Permits and reports for discharge of industrial waste.
(1)
Wastewater analysis. When requested by the Superintendent, a user
must submit information on the nature and characteristics of its wastewater
within 90 days of the request. The Superintendent is authorized to
prepare a form for this purpose and may periodically require users
to update this information.
(2)
Requirement for wastewater discharge permits.
(a)
No significant industrial user shall discharge wastewater to
the sewer system without a wastewater discharge permit, except as
authorized by the Borough in accordance with the provisions of this
article; such discharge is an unauthorized discharge and subject to
the penalties provided herein.
(b)
The Borough reserves the right, at its sole discretion, to deny
the issuance of a wastewater discharge permit or to issue such a permit
conditionally.
(c)
The Superintendent may require other users to obtain individual
wastewater discharge permits as necessary to carry out the purposes
of this article.
(d)
Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to sanctions set out in §§ 242-8D, 242-10 and 242-11 of this article. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(3)
Significant industrial users. All significant industrial users proposing
to connect to or to discharge to the sewer system shall obtain a wastewater
discharge permit before connecting to or discharging to the sewer
system.
(4)
Other industrial users. Except as otherwise required by the Borough
on a case-by-case basis, industrial users which are not significant
industrial users do not require a wastewater discharge permit but
are required to comply with all other provisions of this article.
If an industrial user makes changes to processes, flow, wastewater
concentration, or wastewater characteristics or other changes which
result in the industrial user meeting the definition of "significant
industrial user," the industrial user shall immediately upon becoming
aware that such a change has occurred, or 90 days prior to such a
change if it is planned by the industrial user, notify the Borough
and apply for a wastewater discharge permit. The Borough, at its discretion,
may modify the time frame for submission of a permit application and
may require any nonsignificant industrial users to apply for and obtain
a wastewater discharge permit, as the Borough deems appropriate.
(5)
Individual wastewater discharge permitting: existing connections. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 180 days after said date, apply to the Superintendent for an individual wastewater discharge permit in accordance with § 242-8C(7) of this article, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this article, except in accordance with an individual wastewater discharge permit issued by the Superintendent.
(6)
Individual wastewater discharge permitting: new connections. Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with § 242-8C(7) of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(7)
Permit applications. Industrial users required to obtain a wastewater
discharge permit shall complete and file with the Borough an application
in the form prescribed by the Borough and accompanied by the fee prescribed
in the Borough's schedule of fees. A new facility planning to
discharge to the sewer system shall make such submission prior (e.g.,
90 days in advance) to the date it intends to connect to or discharge
to the sewer system so as to provide ample time for the permitting
process.
(a)
In support of the application, the industrial user shall submit,
in units and terms appropriate for evaluation, the following information:
[1]
Name, address and location (if different from the address) including
the name of the operator and owner.
[2]
Contact information, description of activities, facilities,
and plant production processes on the premises.
[3]
SIC number or numbers according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
[4]
Wastewater constituents and characteristics identifying the
nature and concentration and/or mass, as required by the standard
or by the Borough, of regulated pollutants in the discharge from each
regulated process, as determined by a qualified analyst.
[a]
Sampling and analyses shall be performed in accordance
with procedures established by the EPA pursuant to Section 304(g)
of the Act and contained in 40 CFR Part 136, as amended.
[b]
Sample results shall be accompanied by a signed
statement of the authorized representative that the samples analyzed
are representative of normal discharge during the routine operation
of the discharging facility. Where the standard requires compliance
with a BMP or pollution prevention alternative, the user shall submit
documentation as required by the Superintendent or the applicable
standards to determine compliance with the standard.
[c]
Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be reported.
[5]
Each product by type, amount, process or processes and rate
of production.
[6]
Type and amount of raw materials processed (average and maximum
per day).
[7]
Number and type of employees and hours of operation of the plant
and proposed or actual hours of operation of the pretreatment system.
[8]
Time and duration of wastewater or industrial waste contribution.
[9]
The location for monitoring all wastes covered by the permit.
[10]
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variation, if any.
[11]
Site plans, floor plans, mechanical and plumbing plans, a process
schematic diagram and details to show all floor drains, building sewers,
sewer connections and appurtenances by the size, location and elevation.
[12]
Description of activities, facilities and plant processes on
the premises, including all materials and chemicals stored at the
facility which are or could be discharged.
[13]
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
[14]
The nature and concentration of any pollutants in the discharge
that are limited by any Borough, state or national pretreatment requirement
(including local limits), prohibitive discharge standard or categorical
standards and a statement regarding whether or not the categorical
standard, prohibitive discharge standard or pretreatment requirements
are being met on a consistent basis and, if not, how the industrial
user proposes to meet the applicable standards or other pretreatment
requirements, including whether additional operation and maintenance
(O&M) and/or additional pretreatment is required for the industrial
user to meet the applicable standard or requirement. If the applicant
is a categorical industrial user, this statement shall be signed by
a certified professional.
[15]
If additional pretreatment and/or O&M will be required to
meet categorical standards, prohibitive discharge standards or other
pretreatment requirements (including local limits), the shortest schedule
by which the industrial user will provide such additional pretreatment
shall be developed and submitted. The completion date of this schedule
for any categorical standard shall not be later than the compliance
date established for the applicable categorical standard. The following
conditions shall apply to this schedule:
[a]
The schedule shall contain increments for progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the industrial user to meet the applicable categorical
standards or other pretreatment requirements (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing construction,
etc.).
[b]
For compliance with a categorical standard, no
increment referred to in Subsection C(7)(a)[15][a] shall exceed nine
months.
[c]
Not later than 14 days following each date in the
schedule pertaining to compliance with a categorical standard and
the final date for compliance, the industrial user shall submit a
progress report to the Borough, including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay and the steps being taken by the
industrial user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Borough.
[16]
List of environmental control permits held by or for the facility.
[17]
Any other information as may be deemed by the Superintendent
to be necessary to evaluate the application.
(b)
All wastewater discharge permit applications, user reports and certification statements shall be signed and attested to by an authorized representative of the user and contain the certification statement contained in § 242-8C(21).
[1]
If designation of an authorized representative is no longer
accurate because a different individual or position has responsibility
for the overall operation of the facility or overall responsibility
for environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
Superintendent prior to or together with any reports to be signed
by an authorized representative.
(c)
The Superintendent will evaluate the data furnished by the user
and may require additional information. Within 180 days of receipt
of a complete permit application, the Superintendent will determine
whether to issue an individual wastewater discharge permit. After
evaluation and acceptance of the data furnished, the Borough may issue
a wastewater discharge permit subject to terms and conditions provided
herein. The Superintendent may deny any application for an individual
wastewater discharge permit. Incomplete or inaccurate applications
will not be processed and will be returned to the user for revision.
(8)
Confidentiality of applications.
(a)
All information required by the Borough in the permit application
shall be provided by the industrial user to the best of its ability.
(b)
If information regarding raw materials, processes, production
rates or other manufacturing information is regarded as confidential
by the industrial user, such information shall be marked "confidential"
on the application form.
(c)
Confidentiality shall not apply to information regarding the
flow of or the constituents in the industrial wastewater discharge.
(9)
Wastewater discharge permit conditions.
(a)
Wastewater discharge permits are hereby expressly subject to
all provisions of this article and all other applicable regulations,
user charges and fees established by the Borough. An individual wastewater
discharge permit shall include such conditions as are deemed reasonably
necessary by the Superintendent to prevent pass-through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal, and protect against damage to the POTW. Permits shall
contain the conditions specified in 40 CFR 403.8(f)(1)(iii)(B)(1)
through (6). Permits must contain:
[1]
Effluent limits on the average and maximum wastewater constituents
and characteristics, including best management practices, based on
applicable pretreatment standards and including local limits.
[2]
Requirements for submission of technical reports or discharge
reports, including the information to be contained and the signatory
requirements of these reports.
[3]
Specifications for monitoring programs, which shall include
the specific pollutants (or best management practices) to be monitored,
sampling locations, frequency of sampling, number, types and standards
for tests, toxicity testing and reporting schedules as required by
federal, state, and local law.
[4]
Requirements for maintaining and retaining records relating
to industrial waste and wastewater discharges and characteristics
as specified by the Borough and affording the Borough access thereto.
[5]
Requirements for notification to the Borough of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being discharged into
the sewer system.
[6]
Requirements to control slug discharge.
[8]
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date.
[9]
A statement that the wastewater discharge permit is nontransferable without prior notification to the Borough in accordance with Subsection C(10) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
[10]
Notification of civil and criminal penalties provided for noncompliance with pretreatment standards and requirements, any applicable compliance schedule, and as contained in Subsection D of this section and § 242-9 of this article. Any compliance schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
[11]
Compliance schedules.
[12]
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the sewer system.
[13]
Other conditions as deemed appropriate by the Borough to ensure
compliance with this article or any other applicable article and applicable
federal, state and local pretreatment requirements.
(b)
Individual wastewater discharge permits may contain, but need
not be limited to, the following conditions:
[1]
Limits on average and maximum rate and time of discharge or
requirements for flow regulation and equalization.
[3]
Requirements for installation and maintenance of pretreatment
technology, pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the introduction
of pollutants into the treatment works.
[4]
Requirements for installation and maintenance of inspection
and sampling facilities.
[5]
Requirements for developing and implementing special plans or
practices, such as slug discharge control plans, spill control plans,
toxic organic management plans, toxic reduction evaluations, special
management or housekeeping practices or other such procedures.
[6]
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
[7]
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
[8]
A statement that compliance with the individual wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the individual wastewater
discharge permit.
[9]
Requirements pertaining to modification, suspension and termination
of the wastewater discharge permit and appeal procedures.
[10]
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this article, and state and federal laws,
rules, and regulations.
(c)
A wastewater discharge permit, in addition to implementing requirements
as mandated by federal pretreatment regulations, may be a means for
the Borough to implement other requirements in accordance with federal,
state and local law. Implementation and enforcement of such provisions
shall be at the discretion of the Borough.
(10)
Transferability of permits.
(a)
Wastewater discharge permits are issued to a specific industrial
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new person, new industrial
user, different premises or a new or changed operation without the
approval of the Borough.
(b)
Individual wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 180 days
advance notice to the Superintendent and the Superintendent approves
the individual wastewater permit transfer. The notice to the Superintendent
must include a written certification by the new owner or operator
which:
[1]
States that the new owner and/or operator has no immediate intent
to change the facility's operations and processes;
[2]
Identifies the specific date on which the transfer shall occur;
and,
[3]
Acknowledges full responsibility for complying with the existing
individual wastewater discharge permit.
(c)
If such a transfer is approved by the Borough, the existing
owner or operator shall provide a copy of the wastewater discharge
permit to a new owner or operator. Any succeeding industrial user
shall also comply with the terms and conditions of the existing wastewater
discharge permit. The Borough may, at its discretion, deny the transfer
of a wastewater discharge permit and require application for a new
wastewater discharge permit under the provisions of this section.
(d)
Failure to provide advance notice of a transfer renders the
individual wastewater discharge permit void as of the date of the
facility transfer.
(11)
Duration and modification of wastewater discharge permits.
(a)
Wastewater discharge permits shall be issued for a specified
time period, not to exceed five years from the effective date of the
permit. A wastewater discharge permit may be issued for a period of
less than five years at the discretion of the Superintendent. Each
individual wastewater discharge permit will indicate a specific date
upon which it will expire. Except as otherwise approved by the Borough,
the user shall apply for reissuance of the wastewater discharge permit
a minimum of 180 days prior to the expiration of the industrial user's
existing wastewater discharge permit.
(b)
The terms and conditions of the wastewater discharge permit may be subject to modification by the Borough during the term of the wastewater discharge permit as limitations or requirements as identified in Subsection A of this section are modified or other just cause exists, including but not limited to the following:
[1]
Violation of any term or condition of the wastewater discharge
permit and/or any requirement set forth in an applicable pretreatment
law, ordinance, regulation or rule;
[2]
Obtaining a wastewater discharge permit by misrepresentation
or failure to disclose fully all relevant facts in either the permit
application or any report, including the falsification of self-monitoring
reports or the tampering with monitoring equipment;
[3]
To incorporate new or revised federal, state or local pretreatment
standards or requirements, including the adoption of new or revised
pretreatment ordinances by the Borough;
[4]
To address significant alterations or additions to the user's
operation, process, or wastewater volume or character since the time
of the individual wastewater discharge permit issuance;
[5]
Changes in the design or capability of the POTW, NPDES permit
requirements or sludge disposal requirements;
[6]
A change in any condition that requires a temporary or permanent
reduction or elimination of the discharge;
[7]
Failure to allow timely access to the industrial user's
facility or records;
[8]
Failure to timely pay fines or applicable sewer charges;
[9]
Information indicating that the permitted discharge poses a
threat to the Borough's POTW, Borough personnel, or the receiving
waters;
[10]
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
[11]
To correct typographical or other errors in the
individual wastewater discharge permit; or,
[12]
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 242-8C(10).
(12)
Continuation of expired permits.
(a)
If the industrial user has applied for renewal as provided for in Subsection C(11) of this section and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect pending a decision on the application for a reissued permit by the Borough. Any such extension of the permit may not exceed five years from the effective date of the permit.
(b)
If the wastewater discharge permit is not renewed because of
a failure of the industrial user to apply for renewal in a timely
fashion or through an act or omission of the industrial user, then
discharge of industrial waste by the industrial user without a wastewater
discharge permit is an unauthorized discharge.
(13)
Appeal of wastewater discharge permits.
(a)
Any industrial user that is issued or reissued a wastewater discharge permit may appeal the permit conditions, in whole or in part. If a wastewater discharge permit is modified during its effective term, the industrial user may appeal only the conditions which have been changed. Appeal procedures applicable to these permit actions, as well as suspension or revocation of a wastewater discharge permit, shall be as set forth in Subsection D(8) of this section.
(b)
During the process of appeal, the wastewater discharge permit shall remain in effect and shall be subject to potential enforcement unless, upon the request of the permittee, the Borough grants a stay of permit condition(s). Pursuant to Subsection D(8), conditions imposed by federal or state regulations (e.g., categorical standards) shall not be appealed or stayed. Conditions which, in the opinion of the Borough, would constitute a hazard or pose a potential threat of pollution if stayed shall not be stayed during an appeal.
(14)
Baseline monitoring reports.
(a)
Where an industrial user subject to a newly promulgated categorical standard has not previously submitted an application for a wastewater discharge permit as required by Subsection C(7) of this section, within 180 days after the promulgation of the applicable categorical standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, the industrial user shall:
[1]
Apply for a wastewater discharge permit;
[2]
Provide the baseline monitoring information required by 40 CFR
403.12(b); this information may be incorporated into the application
for a wastewater discharge permit;
[3]
Measurement of pollutants.
[a]
The user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this paragraph.
[b]
Samples should be taken immediately downstream
from pretreatment facilities if any such facilities exist or immediately
downstream from the regulated process if no pretreatment exists. If
other wastewaters are mixed with the regulated wastewater prior to
pretreatment, the user should measure the flows and concentrations
necessary to allow use of the combined wastestream formula in 40 CFR
403.6(e) to evaluate compliance with the pretreatment standards. Where
an alternate concentration or mass limit has been calculated in accordance
with 40 CFR 403.6(e), this adjusted limit along with supporting data
shall be submitted to the control authority.
[c]
Sampling and analysis shall be performed in accordance with § 242-8C(20).
[d]
The Superintendent may allow the submission of
a baseline report which utilizes only historical data so long as the
data provides information sufficient to determine the need for industrial
pretreatment measures.
[e]
The baseline report shall indicate the time, date
and place of sampling and methods of analysis and shall certify that
such sampling and analysis is representative of normal work cycles
and expected pollutant discharges to the POTW.
[4]
Compliance certification. A statement, reviewed by the user's
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
[5]
If additional O&M and/or pretreatment are required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The requirements of such a compliance schedule are described in Subsection C(7)(a)[15] of this section.
[6]
Signature and report certification. All baseline monitoring reports must be certified in accordance with § 242-8C(21) of this article and signed by an authorized representative.
(b)
An industrial user with an existing wastewater discharge permit
shall submit to the Borough within 180 days after the promulgation
of an applicable categorical standard the information required by
40 CFR 403.12(b).
(c)
A new source or industrial user that becomes a categorical industrial
user through a change in facilities or processes shall submit a report
containing the information required by 40 CFR 403.12(b) at least 90
days prior to commencement of discharge from the regulated process
or facility. This information may be incorporated into the application
for a wastewater discharge permit submitted in such time frame.
(d)
Baseline monitoring reports shall be signed and certified by
an authorized representative in accordance with 40 CFR 403.12(b)(6)
and 403.6(a)(2)(ii).
(15)
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 242-8C(7)(a)[15] of this article:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(b)
No increment referred to above shall exceed nine months;
(c)
The user shall submit a progress report to the Borough no later
than 14 days following each date in the schedule and the final date
of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and,
(d)
In no event shall more than nine months elapse between such
progress reports to the Borough.
(16)
Categorical compliance report.
(a)
Within 90 days following the date for final compliance with
applicable categorical standards or, in the case of a new source,
following commencement of the discharge of industrial waste from processes
regulated by categorical standards into the sewer system, any user
subject to categorical standards shall submit to the Borough a report
in accordance with 40 CFR 403.12(d), including information indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by categorical standards and
the average and maximum daily flow for those process units in the
industrial user's facility which are limited by such categorical
standards. At a minimum, the report shall include:
[1]
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula, set out in 40 CFR 403.6(e).
[2]
Measurement of pollutants.
[a]
The categorical pretreatment standards applicable
to each regulated process and any new categorically regulated process
for existing sources.
[b]
The results of sampling and analysis identifying
the nature and concentration and/or mass, where required by the standard
or by the Borough, of regulated pollutants in the discharge from each
regulated process.
[c]
Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be reported.
[d]
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 242-8C(20) of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Borough or the applicable standards to determine compliance with the standard.
[e]
Sampling must be performed in accordance with procedures set out in § 242-8C(20) of this article.
[f]
The user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this subsection.
[g]
Samples should be taken immediately downstream
from pretreatment facilities if any such facilities exist or immediately
downstream from the regulated process if no pretreatment exists. If
other wastewaters are mixed with the regulated wastewater prior to
pretreatment, the user should measure flows and concentrations necessary
to allow use of the combined wastestream formula in 40 CFR 403.6(e)
to evaluate compliance with the pretreatment standards. Where an alternate
concentration or mass limit has been calculated in accordance with
40 CFR 403.6(e), this adjusted limit along with supporting data shall
be submitted to the control authority.
[h]
Sampling and analysis shall be performed in accordance with § 242-8C(20).
[i]
For users subject to equivalent mass or concentration
limits established in accordance with 40 CFR 403.6(c), this report
shall include a reasonable measure of the user's long-term production
rate.
[j]
For all other users subject to categorical pretreatment
standards expressed in terms of allowable pollutant discharge per
unit of production (or other measure of operation), this report shall
include the user's actual production during the appropriate sampling
period.
(b)
The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal work cycles. The report shall also state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in Subsection C(7)(a)[15] of this section. Such a schedule shall not have a compliance date later than that established for the applicable categorical standard. This statement shall be signed by an authorized representative of the industrial user in accordance with 40 CFR 403.12(1) and 403.6(a)(2)(ii) and certified to by a certified professional.
(17)
Periodic compliance reports.
(a)
All significant industrial users shall report to the Borough
at least twice a year, the date of the report to be as determined
by the Borough and contained in the wastewater discharge permit. Reports
may be required more frequently as deemed necessary by the Borough.
(b)
The reports required under this section shall contain the information
required by 40 CFR 403.12(e), 403.12(g) and/or 403.12(h), as applicable,
including, at a minimum, the measured concentrations of all pollutants
regulated by categorical standards or otherwise regulated by the wastewater
discharge permit, a record of any measured daily flows and a statement
of accuracy and completeness signed and certified by the authorized
representative of the significant industrial user in accordance with
40 CFR 403.12(1) and 403.6(a)(2)(ii). Reports shall also contain any
other information as required by the Borough.
(c)
For significant industrial users subject to categorical standards,
if discharge limits are based on mass units per production unit, then
production information regarding the regulated processes during the
reporting period shall be included in the report, along with flow
and concentration values, so that a determination of compliance or
noncompliance with categorical standards can be made.
(d)
For significant industrial users subject to categorical standards,
the report shall contain certification of compliance with those standards,
signed by a certified professional.
(e)
In cases where the pretreatment standard requires compliance
with a best management practice (BMP) or pollution prevention alternative,
the user must submit documentation required by the Borough or the
pretreatment standard necessary to determine the compliance status
of the user.
(f)
All periodic compliance reports must be signed and certified in accordance with Section § 242-8C(21) of this article.
(g)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of the user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(h)
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Borough, using the procedures prescribed in § 242-8C(20) of this article, the results of this monitoring shall be included in the report.
(18)
Reports for unpermitted users. All users not required to obtain
an individual wastewater permit shall provide appropriate reports
to the Borough as the Borough may require.
(19)
Reporting and resampling of discharge limit violations.
(a)
If upon receipt of valid sampling and testing results an industrial
user becomes aware that a violation of discharge limits has occurred,
the industrial user shall, within 24 hours of becoming aware of the
violation, notify the Borough of this fact.
(b)
Except as otherwise approved by the Borough and provided by
40 CFR 403.12(g)(2)(i) and (ii), within 30 days of becoming aware
of the violation, the industrial user shall resample and analyze its
discharge(s) for each parameter found to be in violation and report
the results of the resampling and analysis to the Borough. Resampling
is not required under the following conditions:
[1]
The Borough performs sampling at the user's facility at
least once per month;
[2]
The Borough performs sampling at the user between the time when
the initial sampling was conducted and the time when the user (or
the Borough) receives the results of this sampling; or,
[3]
The Borough has performed the sampling and analysis in lieu
of the user. If the Borough performs the sampling in lieu of the user,
the Borough shall perform repeat sampling, unless it notifies the
user of the violation and requires the user to perform the repeat
sampling and analysis.
(c)
Each significant industrial user shall have a duty, on receipt
of validly obtained sampling and analysis results, of inspecting the
results and determining if any wastewater discharge permit condition
has been violated. Failure to examine and compare testing results
with wastewater discharge permit conditions shall not be a valid defense
for failure to comply with these reporting conditions.
(20)
Sampling and analysis.
(a)
Each industrial user shall perform waste stream sampling and
analyses in accordance with its wastewater discharge permit or as
otherwise required by the Borough.
(b)
All sampling and analysis performed by the industrial user in compliance with wastewater discharge permit conditions to prepare the reports required in Subsections C(14), (15), (16), (17), (18) and (19) of this section or as otherwise required by the Borough shall be accomplished using techniques specified in 40 CFR Part 136 and amendments thereto (unless otherwise specified in an applicable categorical pretreatment standard) or alternative procedures approved by the Borough and the Administrator. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Borough or other parties approved by the EPA. Unless otherwise required, all sampling should be performed during a normal production day and should reflect the usual and typical wastewater discharge of the user.
(c)
The industrial user may monitor more frequently than otherwise
required by the Borough. If the industrial user monitors any pollutant
subject to an effluent limitation, at the location designated for
compliance monitoring, more frequently than otherwise required by
the Borough, using the procedures set forth in 40 CFR Part 136 or
otherwise required, the results of such monitoring shall be included
in the calculation and reporting of the data submitted to the Borough.
(d)
Where the Borough performs the sampling or collects the required
information herein, the Borough may waive the corresponding reporting
requirement as provided in 40 CFR 403.12(g) and 403.12(h).
(e)
The industrial user shall ensure that all monitoring and analytical
equipment it uses to monitor or otherwise analyze the pollutants discharged
to the sewer system are periodically calibrated and maintained at
intervals which ensure the accuracy of measurements.
(f)
If sampling results indicate that the industrial user has exceeded
an effluent limitation, the Borough, as an enforcement response to
such violation, may require the industrial user to undertake increased
sampling. Upon notification from the Borough, the industrial user
shall undertake such additional monitoring as directed.
(g)
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
[1]
Except as indicated in Subsections [2] and [3] below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Borough. Where time-proportional composite sampling or grab sampling is authorized by the Borough, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Borough, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
[2]
Samples for oil and grease, temperature, pH, cyanide, total
phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
[3]
For sampling required in support of baseline monitoring and
ninety-day compliance reports, a minimum of four grab samples must
be used for pH, cyanide, total phenols, oil and grease, sulfide and
volatile organic compounds for facilities for which historical sampling
data do not exist; for facilities for which historical sampling data
are available, the Borough may authorize a lower minimum. For periodic
compliance reports, the industrial user is required to collect the
number of grab samples necessary to assess and assure compliance with
applicable pretreatment standards and requirements.
(21)
Certification statements.
(a)
Certification of permit applications, user reports and initial
monitoring waiver. The following certification statement is required
to be signed and submitted by users submitting permit applications;
users submitting baseline monitoring reports; users submitting reports
on compliance with categorical pretreatment standard deadlines, and
users submitting an initial request to forgo sampling of a pollutant
on the basis of 40 CFR 403.12(e)(2)(iii). The following certification
statement must be signed by an authorized representative: "I certify
under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including
the possibility of fine and imprisonment for knowing violations."
(22)
Monitoring facilities.
(a)
The Borough may require an industrial user to provide and operate,
at the industrial user's own expense, monitoring facilities to
allow inspection, sampling and flow measurement of the wastewater
or industrial waste discharge. The monitoring facility should normally
be situated on the industrial user's premises, but the Borough
may, when such a location would be impractical or cause undue hardship
on the industrial user, allow the facility to be constructed in the
public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
(b)
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples for
analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at
the expense of the industrial user.
(c)
Whether constructed on public or private property, the sampling
and monitoring facilities shall be provided in accordance with the
Borough's requirements and all applicable local construction
standards and specifications.
(d)
Construction shall be completed within 90 days following written
notification by the Borough.
(23)
Inspections.
(a)
The Borough and its duly authorized representatives, including
contractors, shall have the right to enter the premises of any user
to determine whether the user is complying with all requirements of
this article and any individual wastewater discharge permit or order
issued hereunder.
(b)
The Borough and its duly authorized representatives, including
contractors, may inspect the facilities of any user to ascertain whether
the purpose of this article is being met and all requirements are
being complied with. Persons or occupants of premises connected to
the sewage collection system shall allow the Borough or its representatives
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying or in the performance of any of their duties. Areas which
are subject to inspection include but are not limited to areas which
could result in wastewater discharge to the sewer, such as manufacturing
areas and chemical storage areas; pretreatment facilities; spill prevention
and control facilities; hazardous waste generation areas; industrial
self-monitoring facilities; and areas where relevant documentation
is kept or stored. The Borough and approval authority and their agents
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations.
(c)
Where a user has security measures in force which would require
proper identification and clearance before entry onto its premises,
the user shall make necessary arrangements with its security guards
so that, upon presentation of suitable identification, personnel from
the Borough and approval authority will be permitted to enter, without
delay, for the purpose of performing their specific responsibilities.
(d)
The Borough may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated annually to ensure their accuracy.
(e)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Borough and shall
not be replaced. The costs of clearing such access shall be borne
by the user.
(f)
Unreasonable delays in allowing the Borough and its duly authorized
representatives access to the user's premises shall be a violation
of this article.
(24)
Pretreatment facilities. Industrial users shall provide necessary
wastewater pretreatment as required to comply with this article and
shall achieve compliance with all applicable categorical pretreatment
standards, local limits and prohibitions set out in this article or
in any applicable wastewater discharge permit. Compliance shall be
achieved within the time limitations as specified by the applicable
categorical standards and, for other pretreatment requirements, shall
achieve compliance as specified by the state or Borough, whichever
is more stringent. Any facilities required for pretreatment shall
be provided, operated and maintained at the user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the Borough for review and shall be acceptable
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve the industrial
user from the responsibility of modifying the facility as necessary
to produce a discharge which complies with the provisions of this
article. Any subsequent substantial changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Borough prior to the industrial user's initiation of the changes.
The review and acceptance of plans and procedures by the Borough shall
not be considered as an approval regarding their efficacy, safety
or reliability; such considerations are solely the responsibility
of the industrial user.
(25)
Change in operations.
(a)
Any industrial user contemplating or planning a substantial
change in the manufacturing process, raw materials, auxiliary processes,
pretreatment processes or other changes which may result in substantial
changes to wastewater character, composition, volume or rate of flow
shall notify the Borough in writing at least 30 days prior to making
such a change or, if the change is not planned 30 days or more in
advance, immediately upon the decision to make such a change. If a
change in wastewater characteristics occurs without the knowledge
of the industrial user, the industrial user shall report the change
immediately upon becoming aware of it. The report shall include all
information necessary to determine the effect on the wastewater of
the change. The Borough may require the industrial user to undertake
a compatibility study to demonstrate to the satisfaction of the Borough
that the wastewater to be discharged is compatible with the sewer
system, will not affect any requirements imposed upon the Borough
(including sludge disposal requirements) and will not otherwise adversely
affect the POTW.
(b)
The Borough may, on receipt of such a report:
[1]
Continue an existing wastewater discharge permit in effect;
[2]
Require the user to submit such information as may be deemed
necessary to evaluate the changed condition, including an application
for a new wastewater discharge permit;
[3]
Modify an existing wastewater discharge permit to reflect the
changed nature of the waste;
[4]
Rescind and reissue an existing wastewater discharge permit
in order to make substantial changes in wastewater discharge permit
conditions;
[5]
Revoke an existing wastewater discharge permit or require the
industrial user to cease or prevent the discharge; or
[6]
Take such other action as it deems appropriate.
(26)
Confidentiality.
(a)
Information and data on an industrial user obtained from reports,
questionnaires, wastewater discharge permit applications and monitoring
programs and from inspections shall be available to the public or
any governmental agency without restriction unless the industrial
user specifically requests at the time of submission and is able to
demonstrate to the satisfaction of the Borough that the release of
such information, processes or methods of production is entitled to
protection as trade secrets of the industrial user. Wastewater constituents
and characteristics shall not be recognized as confidential information.
(b)
When requested by the person furnishing a report, and supported
by evidence acceptable to the Borough as to need for protection as
confidential material, the portion of a report which might disclose
trade secrets or secret processes shall not be made available for
inspection by the public but shall be made available to the Borough
and, upon request, to governmental agencies for uses related to this
article, the Borough's NPDES permit, any state permit and/or
the industrial pretreatment program. In addition, such portions of
a report shall be available for use by the EPA, the state or any state
agency in judicial review or enforcement proceedings involving the
person furnishing the report.
(c)
When information accepted by the Borough as confidential is
transmitted to any governmental agency, a notification to the industrial
user may be provided listing the confidential information transmitted
and the governmental entity requesting it. The person seeking confidentiality
protection of the information shall bear the burden of demonstrating
to the other governmental agency that such information is entitled
to confidential protection.
(27)
Records.
(a)
All industrial users shall keep and maintain records of monitoring
activities and results, wastewater discharge permits, reports to the
Borough, and all documentation associated with best management practices,
in accordance with 40 CFR 403.12(o)(1) and (2), for a minimum of three
years. This period shall be automatically extended for the duration
of any litigation concerning compliance with this article or where
the industrial user has been notified of a longer retention period
by the Borough.
(b)
The industrial user shall furnish the Borough, within a reasonable
time, with any information which the Borough may request to determine
whether cause exists for modifying, reissuing, suspending or revoking
a wastewater discharge permit or to determine industrial user compliance.
The industrial user shall also furnish to the Borough, upon request,
copies of records required to be kept. Where the industrial user becomes
aware that it failed to submit any relevant facts in an application
for a wastewater discharge permit or submitted incorrect information
in an application for a wastewater discharge permit, report to the
Borough or in any other correspondence pertaining to its industrial
wastewater discharge, it shall promptly submit such facts or information.
(28)
Regulation of waste received from other jurisdictions.
(a)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the Borough shall enter into an
intermunicipal agreement with the contributing municipality.
(b)
Prior to entering into an agreement required by Subsection C(28)(a) above, the Superintendent shall request the following information from the contributing municipality:
(c)
An intermunicipal agreement, as required by Subsection C(28)(a) above, shall contain the following conditions:
[1]
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 242-8A(8) of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Borough's article or local limits;
[2]
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
[3]
A provision specifying which pretreatment implementation activities,
including individual wastewater discharge permit issuance, inspection
and sampling, and enforcement, will be conducted by the contributing
municipality; which of these activities will be conducted by the Superintendent;
and which of these activities will be conducted jointly by the contributing
municipality and the Superintendent;
[4]
A requirement for the contributing municipality to provide the
Superintendent with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
[5]
Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to
the POTW;
[6]
Requirements for monitoring the contributing municipality's
discharge;
[7]
A provision ensuring the Superintendent access to the facilities
of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the Superintendent; and
[8]
A provision specifying remedies available for breach of the
terms of the intermunicipal agreement.
(d)
The Borough of Chambersburg has the primary responsibility for
permitting, compliance monitoring and enforcement. The Borough has
the right to take action and to enforce the terms of the contributing
municipality's ordinance or to impose the pretreatment standards
and requirements directly against discharges in the event the contributing
jurisdiction is unwilling or unable to take such action.
D.
Enforcement.
(1)
Right to refuse. The Borough reserves the right to refuse to accept
wastewater or combinations of wastewater which are discharged in violation
of the terms or conditions of the industrial pretreatment program
or any written directions issued by the Borough pursuant to the conditions
of the industrial pretreatment program. The Borough may take such
steps as it deems necessary, as outlined in this article, to compel
discontinuance of use of the sewer system or to require pretreatment
of industrial wastes in order to comply with the provisions of this
article. The Borough may exercise its rights of refusal by denial
of issuance of a wastewater discharge permit. In such a case the discharge
of industrial waste is prohibited.
(2)
Revocation of permit.
(a)
The Superintendent may revoke an individual wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
[2]
Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics as required in Subsection C(25) of this section;
[3]
Refusal of reasonable access to the industrial user's premises
for the purpose of inspection or monitoring;
[4]
Falsifying self-monitoring reports and certification statements;
[5]
Tampering with monitoring equipment;
[6]
Refusing to allow the Superintendent timely access to the facility
premises and records;
[7]
Failure to meet effluent limitations;
[8]
Failure to pay fines;
[9]
Failure to pay sewer charges;
[10]
Failure to meet compliance schedules;
[11]
Failure to complete a wastewater survey or wastewater discharge
permit application;
[12]
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or,
[13]
Violation of any pretreatment standard or requirement, including
any terms or conditions of the wastewater discharge permit or this
article.
(b)
Individual wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All individual
wastewater discharge permits issued to a user are void upon the issuance
of a new individual wastewater discharge permit to that user.
(c)
Discharge of any industrial waste to the sewer system by a significant industrial user, or by any other user required to have a permit under Subsection C(4), without a wastewater discharge permit is an unauthorized discharge, as provided in Subsection C(2) of this section, and may be subject to the penalties provided herein.
(d)
Any industrial user notified of a revocation of its wastewater
discharge permit may be required to immediately stop or eliminate
the discharge (even if an appeal of the revocation notice is pending).
In the event of a failure of the industrial user to comply voluntarily
with the notice of revocation, the discharge shall be considered an
unauthorized discharge, and the Borough may take such steps as deemed
necessary, which may include immediate severance of the connection
between the building sewer and the sewage collection system or discontinuance
of water service, to prevent or minimize damage to the sewer system
or endangerment to the environment or any property or person.
(3)
Suspension of permit.
(a)
The Borough may suspend the wastewater discharge permit when
such suspension is necessary, in the opinion of the Borough, in order
to stop an actual or threatened discharge which presents or may present
an imminent or substantial endangerment to the health or welfare of
persons or to the environment, causes or may cause interference or
pass- through, or causes or may cause the Borough to violate any condition
of an NPDES permit or any other federal or state law, rule, regulation
or permit condition.
(b)
Any industrial user notified of a suspension of its wastewater
discharge permit may be required to immediately stop or eliminate
the discharge (even if an appeal of the suspension notice is pending).
In the event of a failure of the industrial user to comply voluntarily
with the notice of suspension, the discharge shall be considered an
unauthorized discharge, and the Borough may take such steps as deemed
necessary, including immediate severance of the connection between
the building sewer and the sewage collection system or discontinuance
of water, to prevent or minimize damage to the sewer system or endangerment
to the environment or any property or person.
(c)
If a wastewater discharge permit has been suspended as a result
of an unauthorized discharge, which discharge resulted in or contributed
to damages to the sewer system or to any person or property, the wastewater
discharge permit shall not be reinstated until such time as all such
damages have been satisfied.
(d)
The Borough may reinstate the wastewater discharge permit upon
submission of proof by the industrial user of the elimination of the
unauthorized discharge.
(4)
Notice of violation. Whenever the Borough finds that any industrial
user has violated or is violating this article, its wastewater discharge
permit or any prohibition, limitation or requirements contained herein,
the Borough may serve upon such industrial user a written notice stating
the nature of the violation and requiring a response within a specified
time. Responses required of industrial users may include but are not
restricted to actions, plans, compliance schedules or written explanations.
Nothing in this section shall limit the authority of the Borough to
take any action, including emergency actions or any other enforcement
actions, without first issuing a notice of violation.
(5)
Consent orders. The Borough may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 242-8D(7) of this article and shall be judicially enforceable.
(6)
Show-cause hearing.
(a)
The Borough may direct any industrial user which causes or allows
an unauthorized discharge to enter the sewer system or which violates
any condition or requirement of the industrial pretreatment program
or its wastewater discharge permit to show cause before the Borough
why the proposed enforcement action should not be taken. A written
notice may be served on the industrial user specifying the time and
place of a hearing to be held by the Borough regarding the violation,
the reasons why the action is to be taken, and the proposed enforcement
action and directing the industrial user to show cause before the
Borough why the proposed enforcement action should not be taken. The
notice of the hearing may be served personally or by registered or
certified mail (return receipt requested) at least 10 days before
the hearing. Service may be made on any agent or officer of a corporation
if the industrial user is a corporation.
(b)
The Borough may itself conduct the hearing and take the evidence
or may designate any of its members or any representative to:
[1]
Issue in the name of the Borough notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
[2]
Take the evidence.
[3]
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough for
action thereon.
(c)
At any hearing held pursuant to this article, testimony taken
may be under oath and recorded stenographically. The transcript, so
recorded, will be made available to any member of the public or any
party to the hearing upon payment of the usual charges therefor.
(d)
After the Borough has reviewed the evidence, it may, in writing,
direct the industrial user to take certain actions to correct the
unauthorized discharge or to achieve compliance.
[1]
The actions which may be directed include but are not limited
to:
[a]
Installation of pretreatment facilities or equipment.
[b]
Modification or additions to existing pretreatment
facilities or equipment.
[c]
Initiation of management practices which are required
to alter the nature of the industrial waste being discharged.
[d]
Development or implementation of slug discharge
control plans or other measures.
[e]
Other measures found to be necessary to correct
the unauthorized discharge or other noncompliance.
[2]
The direction may be in the form of a schedule for compliance,
setting dates by which certain actions shall be taken.
(e)
Failure of an industrial user to comply with written directions
issued pursuant to a hearing constitutes a violation of this article.
(7)
Administrative orders. The Borough may issue written directions as described in Subsection D(6)(d) of this section without a show-cause hearing if the Borough determines that such directions are necessary to correct conditions or remedy continuing violations of this article or any wastewater discharge permit or other requirements of the industrial pretreatment program, the Borough or federal or state regulations. Failure of an industrial user to comply with administrative order conditions requiring compliance with provisions under this article, National Categorical Pretreatment Standards or a duly authorized wastewater discharge permit constitutes a violation of this article. Administrative orders may include compliance orders and cease-and-desist orders.
(8)
Right of appeal.
(a)
An industrial user may appeal to the Borough the enforcement actions enumerated above in Subsection D(2) and (3) of this section, the denial of a wastewater discharge permit, or conditions contained in a wastewater discharge permit. An appeal is subject to the following requirements:
[1]
The appeal must be made in writing to the Borough.
[2]
The appeal must be made within 30 calendar days from the date
of receipt of the wastewater discharge permit or notice of denial,
suspension, modification or revocation of a wastewater discharge permit
being appealed by the industrial user.
[3]
The appeal must state the specific provision(s) of a wastewater
discharge permit or the specific directions or actions of the Borough
which are being contested.
[4]
The appeal must state the reasons for the appeal of each provision.
[5]
The appeal may suggest alternate or revised provisions to replace
those appealed.
[6]
An appeal of a wastewater discharge permit may include a request
to stay specific permit conditions pending the outcome of the appeal.
Any such request shall include all factual and legal justification
for such a request.
(b)
Provisions specifically mandated by federal or state regulations
(e.g., compliance with categorical standards) shall not be appealed.
Conditions which, in the opinion of the Borough, would constitute
a hazard or pose a potential threat of pollution if stayed shall not
be stayed during an appeal.
(d)
The representative(s) reviewing the appeal shall report, in
writing, to the Borough the results of the review. The report should
contain, at a minimum:
[1]
A summary of each item appealed, the appellant's reasons
for appeal and the appellant's proposed remedies, if any.
[2]
The finding of merit for each point and the reason(s) for finding.
[3]
For each point found to be with merit, a proposed remedy, and
a finding that the proposed remedy is allowable under this article
and all applicable federal, state and local rules, regulations and
laws.
(e)
The Borough, or a board appointed by the Borough, may, upon
its own initiative or in response to a request by the permittee, review
the report and, at one or more regular or special public meetings,
take any additional testimony offered by the appellant, reviewer,
pretreatment program coordinator or other interested party.
(f)
If the Borough or any hearing board appointed by the Borough
shall have as a member any person who has a financial, legal or other
proprietary interest in the industrial user bringing the appeal, such
person shall excuse himself from any vote which shall determine the
decision of the body in regard to the appeal.
(g)
Action of the Borough for which review had been available (e.g.,
enactment of an ordinance or issuance, modification, suspension or
revocation of a wastewater discharge permit) shall not be subject
to administrative or judicial review in any civil or criminal proceeding
for enforcement.
(9)
Civil actions. If any person violates the provisions of the industrial
pretreatment program, including local, national or state pretreatment
requirements, categorical standards or any wastewater discharge permit
or written directions issued by the Borough, the Borough may commence
an action for appropriate legal and/or equitable relief in the Court
of Common Pleas of Franklin County, or any other appropriate forum.
(10)
Injunctive relief. If any person causes or permits an unauthorized
discharge to occur, otherwise violates the conditions imposed by this
article or any wastewater discharge permit or written directions issued
by the Borough or any national or state pretreatment requirement,
or discharges wastewater or industrial waste which otherwise presents
or may present an endangerment to the environment or which threatens
to interfere with the operations of the POTW, the Borough may commence
an action in the Court of Common Pleas of Franklin County, or any
other appropriate forum, for injunctive relief to stop the discharge
or violation or to require compliance with the applicable condition.
(11)
Enforcement response plan. The Superintendent and the pretreatment
coordinator may be guided by the enforcement response plan when reviewing
industrial user reports, inspection results and other compliance information
and when recommending to the Borough enforcement action in response
to noncompliance.
(12)
Significant violators. The Borough shall publish annually, in
a newspaper of general circulation that provides meaningful public
notice within the jurisdictions served by the Borough of Chambersburg,
a list of industrial users that were found to be in significant noncompliance
during the previous calendar year.
(a)
For all significant industrial users, significant noncompliance shall be determined using measures of rate, magnitude and type of noncompliance, as delineated below. For all other industrial users, only Subsections D(12)(a)[3], [4], and [8] shall be considered.
[1]
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken for the
same pollutant parameter taken during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits.
[2]
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits (as defined by § 242-7), multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
[3]
Any other violation of a pretreatment standard or requirement
(daily maximum, long-term average, instantaneous limit, or narrative
standard) that the Borough determines has caused, alone or in combination
with other discharges, interference or pass-through, including endangering
the health of POTW personnel or the general public.
[5]
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a wastewater discharge permit, or
submitted in response to written directions of the Borough, for starting
construction, completing construction or attaining final compliance.
[6]
Failure to provide, within 30 days after the due date, any required
reports, including but not limited to baseline monitoring reports,
periodic compliance reports, reports on compliance with compliance
schedules or reports on a change in operations.
[7]
Failure to accurately report any noncompliance.
[8]
Any other violation, noncompliance or group of violations or
noncompliance, including violations pertaining to best management
practices, which the Borough determines will adversely affect the
operation or implementation of the industrial pretreatment program.
(b)
The Borough, subject to its discretion, may, as an enforcement
response, publish notification of industrial user noncompliance on
a more frequent basis than annually or if the level of industrial
user noncompliance does not meet the significant noncompliance standard.
(13)
Responsible officials. Except as may be otherwise provided herein,
the Superintendent of the Water and Sewer Department of the Borough
shall administer and enforce the provisions of this article. The Superintendent
may delegate any or all powers granted by this article to the pretreatment
coordinator, or to others as he deems appropriate.
A.
Any person who violates any provisions of this article or the rules,
regulations and permits issued hereunder may be subject to a civil
monetary penalty pursuant to applicable law. Each day on which a violation
shall occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the Borough may recover
reasonable attorney fees, court costs, court reporter fees and other
expenses of litigation by appropriate suit at law against the person
found to have violated this article or the orders, rules, regulations
and permits issued hereunder. Except for a violation which has been
subject to a civil or criminal penalty by the Borough, nothing shall
be deemed to preclude the Borough from commencing an action for a
penalty of $25,000 per day for each violation pursuant to 1992 PA
Laws, Act 1992-9, subject to the appeal procedures as specified in
2 Pa.C.S.A.
B.
In addition to any applicable civil or criminal penalty, the user
is liable for:
(1)
All damage which its discharge causes to the sewer system or POTW
if that damage is caused, in whole or in part, by the industrial user's
violation of its wastewater discharge permit or any applicable law,
ordinance, regulation, rule or pretreatment requirement; and
(2)
Any penalty imposed upon the Borough (whether by judicial or administrative
order or the settlement of a judicial or administrative penalty action)
where the violation of the Borough was caused by the industrial user,
either alone or in conjunction with discharge(s) from other source(s).
The enumeration of remedies in §§ 242-8 and 242-9 of this article does not restrict their application and shall not be deemed to preclude any other Borough remedies, enforcement responses or other causes of action, including those available under common law. Enforcement of pretreatment violations will generally be in accordance with the Borough's enforcement response plan. However, the Borough may take other action against any user when the circumstances warrant. Further, the Borough is empowered to take more than one action against any noncompliant user. Nothing in this article, the enforcement response plan or any other provision of the Borough's approved pretreatment program shall be intended to limit the enforcement discretion of the Borough to enforce pretreatment requirements as otherwise provided for by law.
Nothing contained in this article shall be construed as prohibiting
special agreements between the Borough and a person discharging industrial
wastes or wastewaters to the sewer system, or for the Borough to otherwise
waive limits hereunder, when conditions and circumstances making such
special agreements or waiver advisable and/or necessary, in the opinion
of the Borough, are present; provided, however, that:
A.
National Categorical Pretreatment Standards and prohibitive discharge
standards [including the general and specific prohibitions set forth
at 40 CFR 403.5(a) and (b)] shall not be waived, unless such waiver
is granted by mechanisms established under the Federal Pretreatment
Regulations (40 CFR 403 et seq.).
B.
In no case shall a special agreement or waiver of local limits allow
for an industrial user to discharge any pollutant which, alone or
in combination with other regulated industrial user discharges, would
reasonably be expected to exceed the mass loadings determined by the
Borough as acceptable to the sewage treatment plant based upon considerations
of, among other things, interference, pass-through and sludge contamination.
The Borough may consider other factors (e.g., effect of the discharge
on the POTW, future expansion, etc.), as it deems appropriate. In
no event shall any special agreement or waiver allow the total loading
allocated to all industrial users for any pollutant to exceed the
maximum allowable industrial loading set forth in the most recent
local limits technical evaluation submitted by the Borough and approved
by EPA as part of the Borough's Pretreatment Program.
C.
The Borough may require an industrial user requesting a special agreement
or waiver adjusting effluent limitations to submit supporting documentation
indicating why the industrial user cannot reasonably expect to meet
the effluent limitation contained in its wastewater discharge permit,
setting forth an expeditious schedule for achieving compliance with
such limitations and including such other information as the Borough
may require. In granting any special agreement or waiver, the Borough
may impose time limitations upon any reduced requirements and provide
a compliance schedule for achieving compliance. In granting any special
agreement or waiver, the Borough may impose any other conditions deemed
necessary to implement the purposes of this article.
D.
If granting a special agreement or waiver would result in increased
costs to the Borough (e.g., treatment, monitoring, or sludge disposal
costs), the Borough may condition the special agreement or waiver
upon the agreement of the industrial user to pay those costs and to
provide security adequate in the judgment of the Borough to assure
payment of said costs.
E.
Any special agreement and/or waiver of pretreatment requirements
under this section shall be memorialized in writing in the form of
a wastewater discharge permit modification which identifies that the
Borough waived or otherwise modified the requirement and includes
the new requirement that applies to the user.
Provisions of headings in this article are solely for convenience
and shall have no effect on the legal or technical interpretation
of any provision or requirement.
This article may be cited as the "Borough of Chambersburg Industrial
Pretreatment Ordinance of 1994."
