[Adopted 11-2-1981 by Ord. No. 827 (Ch. XIV,
Part 2, of the 1962 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Catasauqua, Lehigh County, Pennsylvania.
Property used by a person, wholly or in part, for the manufacturing,
fabrication, processing, cleaning, laundering or assembly of any product,
commodity or article.
One or more rooms, with water fixtures, designed or used
for the purpose of engaging in activities of, or connected with, commerce,
industry or education.
Any individual, firm, company, association, society, corporation,
group or political subdivision.
One or more rooms, including kitchen and sanitary facilities,
designed for occupancy by not more than one family for living or sleeping
purposes, or by a group of persons who are not all related by blood
or marriage, living together and sharing the same water service.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
All facilities for collecting, treating and disposing of
sewage.
The water-carried waste from residences, business buildings,
institutions and industrial establishments.
The Catasauqua Borough Municipal Water Works or any other
water company supplying water to a user of the Catasauqua Sanitary
Sewer System.
[Amended 10-3-1988 by Ord. No. 935]
Each new user shall install appropriate laterals
to the closest sewer main as approved by the Borough Engineer, or
shall reimburse the Borough for its cost of supplying the lateral.
In addition, there shall be a new service connection charge for each
residential, nonresidential or industrial unit as set from time to
time by resolution of Borough Council.[1]
There is hereby imposed upon each and every
person connected to the sewer system operated by the Borough of Catasauqua,
sewer rents as hereinafter set forth.
[Amended 8-4-1986 by Ord. No. 903]
All persons owning property connected to the
sewer system and served with unmetered water service by the water
company shall pay a quarterly rental for sanitary sewage services
based on a rate schedule as established by resolution of Borough Council.[1]
[Amended 8-4-1986 by Ord. No. 903]
All persons using the sewer system who are served
by metered water shall pay a quarterly rental for sanitary sewage
services based upon quantity of water used, as evidenced by meter
readings of water meters installed and maintained by the appropriate
water company for the purposes of measuring water purchased from that
company. Where sewage itself is measured for any person, then the
meter readings shall be utilized instead of the water meter readings.
The rate for metered customers shall be as established by resolution
of Borough Council.[1]
[Added 11-5-2001 by Ord. No. 1128]
A.
ACTION LEVEL
AVERAGE WASTELOAD SURCHARGE
CHANGED DISCHARGES
LOCAL LIMITS
PROHIBITED DISCHARGE LEVEL
SINGLE EVENT SURCHARGE
SLUDGE PROTECTION REQUIREMENTS
STRENGTH FACTOR (SF)
SURCHARGE
SURCHARGE SAMPLING MANHOLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The concentration and/or mass above which the Borough believes
has the potential to cause problems due to differences in treatability
and/or toxicity of a specific discharge.
A surcharge calculated from the waste analysis, the strength
factor and the site's quarterly water consumption or the actual measured
flow to the sewer, based on the average quantity (in pounds) of surchargeable
material discharged.
Any change that will significantly affect the quality, composition,
color, odor, pH, toxicity or temperature of the effluent or increase
the potential and/or the severity of slug discharges.
The maximum concentration of pollutants allowable in wastewater
discharges to the wastewater treatment system.
For purpose of the protective surcharge program, a level
above which a user is not allowed to discharge, based on concentration
and/or mass for any parameter which the Borough believes has the potential
to cause pass through, interference, NPDES violations or any other
operating problems. The prohibited discharge level is also known as
the cease and desist level.
A flat rate surcharge for each parameter in a high strength
discharge not covered by quarterly surcharges.
The maximum concentration of pollutants allowable in wastewater
discharges to the wastewater treatment plant, which are calculated
to ensure the greatest opportunities for the plant to dispose of its
sludge in the most efficient and economic means available.
The strength factor compensates for the additional plant
capacity utilized and the increased operating expenses from accepting
wastes at or over the action level. The SF will be 1.0 below the action
level and 2.0 for wastes at or above the action level with prior Borough
approval.
An additional amount levied against a discharger to the Catasauqua
wastewater treatment system whether located within the Borough or
in one of the contributing communities, imposed as a result of sampling
results indicating a discharge above an enumerated level.
An approved sampling manhole purchased and/or installed by
the user, with provision for flow measurement.
B.
Protective surcharge program.
(1)
General purpose. The protective surcharge program
is established to regulate discharges to the wastewater treatment
system and plant which have characteristics, and/or strengths, which
require additional treatment, additional plant capacity or could cause
pant upsets, NPDES violations or other operating problems. The program
establishes levels of discharge for various parameters and provides
a table for calculating the surcharge to be levied at various thresholds
of discharge. The program also authorizes the Borough to prohibit
discharges of certain materials.
(2)
Surcharge schedule and formula.
(a)
The formula for calculating the average waste
load surcharge is:
|
QS = CONC(mg/l) x FLOW(MG) x 8.34
x SF x R
| ||||
|
Where:
| ||||
|
QS
|
=
|
Quarterly surcharge for each surchargeable parameter.
| ||
|
CONC
|
=
|
The surchargeable concentration, the difference
between the effluent concentration and the surcharge level in mg/l.
| ||
|
FLOW
|
=
|
The total quarterly flow in millions of gallons.
| ||
|
8.34
|
=
|
The conversion factor from mg/l to pounds.
| ||
|
SF
|
=
|
The strength factor.
| ||
|
R
|
=
|
Surcharge rate.
| ||
|
Surcharge Levels (mg/l) and Rates ($/lb)
| ||||||
|---|---|---|---|---|---|---|
|
Parameter
|
TSS
|
BOD
|
COD
|
NH3-N
|
TKN
| |
|
Surcharge Level
|
200
|
200
|
600
|
30
|
75
| |
|
Action Level
|
600
|
600
|
1,200
|
120
|
600
| |
|
Prohibited Level
|
850
|
850
|
2,500
|
200
|
1,000
| |
|
Surcharge Rates
|
(See Note 1)
| |||||
|
Table Notes:
| |||
|---|---|---|---|
|
1.
|
The surcharge rates are established by Borough
Council by resolution from time to time.
| ||
|
2.
|
Surcharges from other parameters may be adopted
by resolution at a later date.
| ||
|
3.
|
In situations where BOD and/or NH3 - N are not representative of the strength of industrial
and commercial discharges, surcharges for COD and/or TKN may be substituted.
Since some materials can vary widely in treatability and toxicity,
the discharge of any materials within the above limits that the Borough
believes cannot be treated effectively or will cause other problems,
can be restricted or prohibited.
| ||
|
4.
|
In addition to the surcharges calculated from
the above table the cost of sampling and analysis will be added to
the invoice. Fees for source identification and control may also be
included.
| ||
(3)
Single event surcharge.
(a)
A minimum of one sample is required to access
a single event surcharge. These surcharges apply regardless of the
quantity discharged. For each parameter over the surcharge level the
single event surcharge shall be calculated according to the following
schedule:
(c)
In addition to the surcharges calculated from
the above table the cost of sampling and analysis will be added to
the invoice. Fees for source identification and control may also be
included.
(4)
General regulations.
(a)
The payment of a surcharge is not an authorization
for discharge. Discharges are only authorized by permit or permit
amendment. Unauthorized discharges will be surcharged and may also
be subject to enforcement action. Enforcement action may also be taken
for each parameter exceeding the action or prohibited levels. Discharges
of the prohibited level must immediately cease.
(b)
Total prohibitions. In cases where the Borough
believes that a material could cause problems at very low levels due
to its toxicity and/or treatability, the prohibited level will be
set at zero and no discharge will be permitted.
(c)
When an action level is reached, the Borough
will make a decision based on the specific circumstances ranging from
allowing the discharge to continue, to requiring pretreatment, to
a temporary or permanent prohibition. Discharges above the action
level are prohibited unless specifically approved by the Borough in
writing. The Borough will only approve a discharge above the action
level if the user demonstrates to the Borough's satisfaction that
the discharge will not cause problems. When a discharge exceeds the
action level, the Borough may also require pretreatment, issue a temporary
or permanent discharge prohibition, or take other action as deemed
necessary, including the establishment of a schedule for the user
to bring its discharge into compliance with the action level.
(d)
Flow equalization will be required for large
variations in flow rates and/or pollutants concentration. Flow equalization
is not the same as dilution of waste discharges, which are not allowed.
(5)
Sampling and analysis costs for surcharges. The costs
for sampling and analysis will be added to the surcharge.
(6)
Random sampling. The Borough will conduct sampling
without notifying the user. The users must grant twenty-four-hour
sampling access to the site as specified by Borough ordinance. Sampling
points must be located outside any buildings unless the Borough is
given permission in writing for unrestricted access without notification
and/or interference.
(7)
Surcharge sampling. The Borough will collect either
time-proportioned composite samples or grab samples depending on the
types of sampling point, which in many cases, will be a sewer cleanout.
Where necessary, a single grab may be used. In certain instances,
the Borough may require the installation of an approved sampling manhole
with recording flow measuring equipment (compatible with Borough sampling
equipment) so flow proportional composite sampling can be used.
(8)
Source identification and control fees. When unusual
and/or problem discharges are detected in the collection system, at
the treatment plant or in the plant's effluent to the river, the Borough
must try to identify and control these discharges. The identification
and control activities can be time consuming and expensive, at times
requiring the use of outside consultants, contract laboratories, engineers
and attorneys. When a probable source (or sources) of discharges causing
actual or potential problems is identified, the Borough will assess
a fee to cover its identification and control expenses. (For example:
Sampling and analysis costs, administrative time and consultant and
attorney fees.) The minimum fee for these extras services will be
as set from time to time by resolution of Borough Council.[2] Based on the circumstances of the incident, an enforcement
action may also be initiated.[3]
(9)
Responsibility for surcharges. In the event that the
materials qualifying for a surcharge are found in the effluent from
multi-tenant building without sampling points for each occupant, the
individual or firm whose name appears on the water/sewer bill (for
example: landlord, building owner or management company) will be responsible
for the surcharge.
(10)
Responsibility for pollutant discharges. In
the event that the materials harmful to the environment and/or in
violation of federal, state and local government rules and regulations
are found in the effluent from a multi-tenant building (without individual
sampling points for each occupant) the individual or firm whose name
appears on the water/sewer bill will be held responsible for taking
action to control the source and will be subject to the actions listed
in the Enforcement Response Plan.
(11)
Sampling for average surcharges. A minimum of
three samples, collected on either consecutive or nonconsecutive days
are required. Any screening sampling done may count as part of the
total sampling required. Sampling times may be based on the site's
operating schedule. Resampling will be done at least annually. Resampling
can be requested when a documented and approved changed discharge
occurs.
(12)
Revised surcharges, action and prohibited levels.
Surcharges, action and prohibited levels can be revised by ordinance
and/or permit amendment based on operating experience and environmental
impact.
(13)
Allocation of plant capacity. The Borough can
allocate and/or limit the amount of any material discharges as necessary.
(14)
Request for information on discharge volumes.
The user will be sent a request requiring that copies of the water
bill(s) for the previous six months be sent to the Borough within
15 days. The number of operating days during each billing period must
be marked clearly on each bill. Other information may also be requested.
If the water bill(s) is/are not furnished within 15 days, the Borough
will estimate the flow for calculating the surcharge. Adjustments
may be made after the water bill(s) or other flow data has been received.
(15)
Alternative methods of effluent flow measurement.
If there are reasons why using the water bill data will not serve
as a measure of effluent flow, the user should propose a suitable
alternative method to the Borough. Any method approved must be installed
at the user's expense.
(16)
Adjustments/questions. If adjustments are requested
or there are any questions about the surcharges, a written request
for review should be submitted to the Pretreatment Coordinator within
30 days of imposition of the surcharge(s).
(17)
Failure to pay. Those that fail to pay surcharges
after two notices, will be issued a civil penalty or a summons to
appear before the District Justice. The Borough has the option to
issue "Letters of Violation" instead of notices.
(18)
Split samples. When requested, the Borough will
split samples as outlined below. The Borough reserves the right to
obtain QA/QC Data from the user's lab before agreeing to split. The
Borough also reserves the right to split with a referee lab. If a
referee lab is used, the sewer user will be billed for half the costs.
The results from all participating labs will be averaged, if statistically
relevant.
(19)
Procedures for splitting samples. To assure
a random sample, the Borough will notify the sewer user only on the
day of sample collection. The users designated contact will be notified
a minimum of one hour prior to sample collection. Persons (either
in the user's employ or the user's contract lab) must use a "Chain
of Custody" form and keep it on file for one year. If the user's representative
does not show up within 15 minutes of the scheduled time, the Borough
has no obligation to split the sample.
[Amended 8-4-1986 by Ord. No. 903]
All persons having property serviced by the
sewer system operated by the Borough of Catasauqua, who also have
metered water, shall pay a minimum sewer rental per quarter per unit
as set by resolution of Borough Council.[1]
A.
Volume of all water consumed, to be used for billing
sewage service charges under this article, shall include water purchased
from the water company plus water obtained from sources other than
the water company and shall be determined:
B.
Where a single meter is used to measure water supplied
to two or more premises, properties or establishments, the quantity
of water used will be divided equitably to each of such premises,
properties or establishments for billing purposes.
A.
Noncontaminated waste waters and waters which are used solely for cooling purposes shall be excluded from the sewer system and the sewer rental charge will be based on water metered, less water so excluded at the rates provided for in this article. Similar credit may be allowed for water consumed in connection with steam generation or other purposes where no sewage or wastes result. The volume of water excluded from the sewer system may be determined from meters installed and maintained by the industrial establishment or from estimates or measurements made by the Borough or the industrial establishment may elect to measure the volume of wastes actually discharged into the sewer system. For this purpose, any industrial establishment, at its own expense, may install and maintain a recording and totalizing flow meter approved by the Borough for measuring the sewage and wastes discharged to the sewer system in which case sewer rental rates applicable under the provisions of this article to water consumed per quarter shall be applied to the gallons of sewage discharged into the sewer system per quarter plus applicable surcharges for strength of wastes under § 210-15.
B.
Any industrial establishment which, after taking advantage
of this section, bypasses or otherwise interferes with the correct
measurement of sewage, shall be backfilled for all previous credits
and thereafter deprived of the benefits of this section.
The Borough through its duly authorized representatives
shall have access at all reasonable times to inspect meters used for
establishing or determining water consumption or sewage flow.
Lateral and connection charges (§ 210-11), shall be payable upon application for a permit to make such installation. Sewer rentals or charges shall be paid quarterly and quarterly billings for sewer rentals shall be made by bills dated on the first days of January, April, July and October of each year. In the case of metered persons, the bill shall be for the quarterly calendar period immediately preceding the date of the bill. In the case of nonmetered persons the bill shall be for the next quarter.
[Amended 6-5-1989 by Ord. No. 945]
A.
All sewer bills not paid within 30 days from the date
of billing shall have an additional sum of 15% added to the bill.
B.
If the sewer bill for a property shall remain unpaid
for a period of 60 days from the date of billing, formal notice to
the owner thereof that the Borough will institute procedures to place
a lien against the property for the unpaid bill, will be sent. 15
days after the letter has been sent, if no payment has been received,
then the Solicitor shall be notified to immediately file a lien against
said property and proceed under the "Municipal Claims and Liens Act"
to collect the sum due and owing.
C.
All persons whose properties are connected to the
sewer system must give the Borough their correct address. Failure
to receive bills will not be considered an excuse for nonpayment nor
permit an extension of the period during which bills are payable at
face.
D.
Any payment or payments made on a sewer bill shall
be credited in the following order: first to any interest accrued,
then to any legal costs, then penalties, then delinquent balances,
then current balances.
The funds received by the Borough from the collection
of the connection charges, or from sewer rentals and all penalties
thereon as herein provided for, and any fines collected by the Borough
in connection with the sewer system, shall be segregated and kept
separate and apart from all other funds of the Borough, and shall
be used only for the purpose of defraying the expenses of the Borough
in the operation, maintenance, repair, alteration, inspection, depreciation
or other expenses in relation to such sewer system and for such payments
as the Borough may be required to make under any lease or agreement
it may enter into for and of, or in connection with, said sewer system
with the Authority, in accordance with the provisions of the Act of
May 2, 1945, P.L. 385, as amended.
The Borough reserves the right to, and may from
time to time, adopt, revise, amend and readopt such rules and regulations
as it deems necessary and proper for the use and operation of the
sewer system, and all such rules and regulations shall be and become
a part of this article.
