As used in this article, the following terms shall have the
meanings indicated:
ACCIDENTAL DISCHARGE
Any discharge of water or wastewater which is inadvertent
and which results in or increases pollution or contains a pollutant
or is not in compliance with the requirements of any Borough ordinance.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
a principal executive officer of at least the level of vice president,
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 if the industrial
user is a governmental entity, charitable organization or other such
unincorporated entity; a duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the discharge originates.
DISCHARGE
The conveyance of any water or wastewater into the sewer
system.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or form of energy
which is produced as a result, whether directly or indirectly, of
any industrial, manufacturing, trade or business process or activity
or in the course of developing, recovering or processing natural resources,
but not sanitary sewage.
INTERFERENCE
A discharge which, alone or in conjunction with discharges
from other sources:
A.
Inhibits or disrupts the processes or operations of the sewage
treatment plant or the sewer system or sludge handling processes,
including end use or disposal; or
B.
Is a cause of a violation of any requirement of the Borough's
national pollutant discharge elimination system (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 provisions
of the Pennsylvania Solid Waste Act or which results in or increases the severity of a violation
of state or federal environmental statutes, rules or regulations.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns.
POLLUTANT
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 discharged equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural wastes, which, when discharged
into water, results in pollution or increases pollution.
POLLUTION
The contamination of any waters of the state such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or welfare,
or to domestic, municipal, commercial, industrial, agricultural, recreational
or other legitimate beneficial uses, or to livestock, wild animals,
birds, fish or other aquatic life; or contamination of the air, soil,
or environment so as to produce or be likely to produce similar deleterious
effects.
SEWAGE TREATMENT PLANT (STP)
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.
SEWER SYSTEM
The sewage collection system, sewage treatment plant and
any sewers that convey wastewater to the sewage treatment plant. For
the purposes of this article, "sewer system" shall also include any
sewers that convey wastewater to the sewage treatment plant from persons
who are, by contract or agreement with the Borough, users of the sewer
system.
SIGNIFICANT INDUSTRIAL USER (SIU)
An industrial user who has a discharge flow of 15,000 gallons
or more per day, or has an organic or suspended solids loading greater
than 30 pounds per average workday based on any composite sample collected
over a twenty-four-hour period or period of discharge if less than
24 hours, or has the potential, as determined by the Borough, to exert
impact or cause interference, either singly or in combination with
other contributors, on the operation of the sewer system, the quality
of the sludge or air emissions generated by the sewer system.
SLUG LOAD
Any discharge of water or wastewater in which the concentration
of any constituent or the rate of flow exceeds for any period of time
longer than 15 minutes, five times the average concentration or flow
rate from that source during a normal working day.
USER
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
WASTEWATER
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.
Any person, including the industrial user, may petition the
Borough to reconsider the terms of a wastewater discharge permit within
30 days of its issuance. Such an appeal shall be directed to the Sanitation
Committee of the Borough Council for its review. Upon consideration
of the petition, the Committee shall make its recommendation to the
Borough Council, whose decision regarding the appeal will be final.
A. Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D. If the Borough fails to act within 60 days following presentation
of the petition to the Sanitation Committee, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit or not
to modify a wastewater discharge permit shall be considered final
administrative action for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the court of competent jurisdiction.
The Borough may inspect the facilities of any user to ascertain
whether the purpose of any Borough ordinance is being met and all
requirements are being complied with. Persons or occupants of premises
where wastewater is created or where there is a wastewater discharge
shall allow the Borough or its representative ready access at all
reasonable times to all parts of the premises for the purpose of inspection,
sampling, records examination or in the performance of any of its
duties. The Borough 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. Where a user has a security
measure in force which would require proper identification and clearance
before entry into its premises, the user shall make necessary arrangements
with its security guards so that upon presentation of suitable identification,
the Borough will be permitted to enter, without delay, for the purpose
of performing its specific responsibilities.
Industrial users shall provide necessary wastewater treatment
as required to comply with all Borough ordinances. Any facilities
required to provide pretreatment of wastewater to a level acceptable
to the Borough shall be provided, operated and maintained at the IU'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 shall in no way
relieve the IU from the responsibility of modifying the facility as
necessary to produce an effluent acceptable to the Borough under the
provisions of all Borough ordinances. Any subsequent changes in the
pretreatment facilities or method of operation shall be reported to
and be acceptable to the Borough prior to the IU's initiation of the
changes. All records relating to compliance with all Borough ordinances
shall be made available to officials of the Borough upon request.
[Amended 7-25-1994 by Ord. No. 599]
A. Civil penalties. Any user who is found to have failed to comply with
any provision of this article and the rules, regulations and permits
issued hereunder may be fined not less than $100 nor more than $1,000
for each offense. Each day during 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
attorneys' fees, court costs, court reporters' fees and other expenses
of litigation by appropriate suit at law against the user who is found
to have violated this article or the rules, regulations and permits
issued hereunder.
B. Falsifying information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document produced, filed or required to be maintained
pursuant to this article or the wastewater discharge permit or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article shall, upon conviction,
be punished by a fine of not more than $1,000 or by imprisonment for
not more than six months, or by both.