Borough of Chambersburg, PA Article III Industrial Pretreatment

[Adopted 12-21-1994 by Ord. No. 94-21; amended in its entirety 3-12-2018 by Ord. No. 2018-06]

§ 242-6 Purpose and policy.

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:

(1) Requirements regulating the introduction of wastewater into the sewer system by all users.

(2) Requirements establishing an industrial pretreatment program to monitor and control the discharge of industrial wastes.

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.

§ 242-7 Definitions and word usage.

A. The following words, terms and phrases will hereinafter have the meanings set forth in this section, unless the context clearly requires a different meaning:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Regional Administrator of Region III of the EPA.

AUTHORIZED REPRESENTATIVE (OF INDUSTRIAL USER)

(1) An authorized representative of an industrial user may be:

(a) 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;

(b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

(c) 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

(d) A duly authorized representative of the individual designated above in Subsection (1)(a), (b) or (c) if such representative, by name or position, is:

[1] Identified in writing submitted to the pretreatment coordinator; and

[2] Responsible for the overall operation of the facilities from which the discharge originates or has overall responsibility for environmental matters for the company.

(2) 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.

BEST MANAGEMENT PRACTICES (BMPS)

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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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)].

BOROUGH

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.

BUILDING SEWER

A sanitary sewer conveying wastewater from the premises of a user to the sewer system.

BYPASS

The intentional diversion of wastewater from any portion of an industrial user's pretreatment facility.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to categorical standards.

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.

CERTIFIED PROFESSIONAL

A registered professional engineer under the laws of the state.

CHAIN OF CUSTODY

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.

CLEAN STREAMS LAW

The Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. §§ 691.1 to 691.702.

COLOR

Color of light transmitted through a waste after removal of all suspended matter, including pseudo-colloidal particles, and measured in platinum-cobalt units.

COMBINED WASTE FORMULA

A procedure for calculating discharge concentrations of constituents of industrial waste, as defined in 40 CFR 403.6(e).

COMPLIANCE

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.

COMPOSITE SAMPLE

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.

DAILY MAXIMUM

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.

DISCHARGE

The introduction of pollutants into the sewer system from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.

DOMESTIC WASTE

Normal household wastes from kitchens, water closets, lavatories and laundries, or any waste from a similar source and possessing the same characteristics.

ENFORCEMENT RESPONSE PLAN

A plan and guide developed pursuant to 40 CFR 403.8(f)(5) providing for the enforcement of the industrial pretreatment program.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

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.

EXISTING SOURCE

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.

GARBAGE

Solid or semisolid waste resulting from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GRAB SAMPLE

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.

GROUNDWATER

Water which is contained in or passing through the ground.

HOLDING TANK WASTE

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.

INDUSTRIAL PRETREATMENT PROGRAM

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.

INDUSTRIAL USER

Any person who discharges industrial waste 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, 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.

INFECTIOUS WASTE

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.

INTERFERENCE

The condition in which discharge, alone or in conjunction with discharges from other sources:

(1) 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

(2) 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.

LOCAL LIMITS

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.

MANHOLE

A structure allowing access from the surface of the ground to a sewer.

MG/L

Milligrams per liter; a measure of concentration of waterborne substances.

MONTHLY AVERAGE

The arithmetic mean of all daily determinations of concentration made during a calendar month.

NATIONAL CATEGORICAL PRETREATMENT STANDARD

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.

NEW SOURCE

(1) 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:

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

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

(c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

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

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

[1] Any placement, assembly, or installation of facilities or equipment; or

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

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

NONCOMPLIANCE

Not in compliance.

NONCONTACT COOLING WATER

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.

NORMAL PRODUCTION DAY

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.

NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

OPERATOR

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.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of an improved property or facility.

PASS-THROUGH

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.

PERSON

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.

pH

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.

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 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.

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 of the environment so as to produce or be likely to produce similar deleterious effects.

PRETREATMENT

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.

PRETREATMENT COORDINATOR

The agent of the Borough designated to administer the provisions of the industrial pretreatment program.

PRETREATMENT REQUIREMENTS

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.

PRETREATMENT STANDARD or STANDARD

Prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE

Any discharge which is prohibited under § 242-8A(3) or (4) of this article.

PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under Section 307(b) and (c) of the Act (33 U.S.C. § 1317), including prohibitive discharge limits under 40 CFR 403.5. Prohibitive discharge standards are included in the list of prohibited discharges in § 242-8A(3) and (4) of this article.

PUBLICLY OWNED TREATMENT WORKS (POTW)

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.

QUALIFIED ANALYST

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.

REFRIGERATION

Maintenance of temperature for storage, preservation of food or as a process of manufacturing.

SANITARY SEWAGE

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.

SANITARY SEWER

A sewer designed and constructed primarily for carrying sanitary sewage or industrial wastes, not storm-, surface or ground waters.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE COLLECTION SYSTEM

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.

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.

SEWER

A pipe or conduit for conveying wastewater or stormwater.

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 users of the sewer system.

SIGNIFICANT INDUSTRIAL USER

Except as provided by 40 CFR 403.3(v)(2) and (3), an industrial user which:

(1) 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;

(2) Discharges a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the sewage treatment plant;

(3) Is regulated by a categorical standard; or

(4) 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.

SIGNIFICANT NONCOMPLIANCE

A noncompliance which meets or exceeds standards of significant noncompliance determined by the Borough and contained in § 242-8D(12) of this article.

SIGNIFICANT VIOLATOR

Any industrial user in significant noncompliance.

SLUG DISCHARGE CONTROL PLAN

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).

SLUG or SLUG LOAD

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.

SPCC PLAN

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.

SPILL

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.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

Commonwealth of Pennsylvania.

STORM SEWER

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.

STORMWATER

Any flow of water occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.

SUPERINTENDENT

The Superintendent of the Water and Sewer Department of the Borough or his duly authorized representative.

SUSPENDED SOLIDS

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.

TOTAL SOLIDS

The sum of the dissolved and undissolved solid constituents of water or wastewater.

TOTAL TOXIC ORGANICS

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.

TOXIC ORGANIC MANAGEMENT PLAN

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.

TOXIC POLLUTANT

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.

UNAUTHORIZED DISCHARGE

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.

UNAUTHORIZED WASTE

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.

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.

WASTEWATER DISCHARGE PERMIT

As set forth in § 242-8C of this article.

WATERS OF THE STATE

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.

§ 242-8 Discharges into sewer system.

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.

(d) Information accepted by the Borough as confidential shall be handled as detailed in Subsection C(26) of this section.

(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.

[7] Requirements for notification of slug loads as per Subsection A(11) of this section.

[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.

[2] List of prohibited discharges, as presented in Subsection A of this section.

[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.

(c) The denial of issuance of a wastewater discharge permit may be appealed under the procedures set forth in Subsection D(8) of this section.

(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:

[1] A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

[2] An inventory of all users located within the contributing municipality that are discharging to the POTW; and

[3] Such other information as the Superintendent may deem necessary.

(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:

[1] Failure of an industrial user to factually report the wastewater constituents and characteristics of its discharge in any application for a wastewater discharge permit or in any reports required by Subsection C(14), (15), (16), (17), (18) or (19) of this section;

[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.

(c) An appeal shall be made to the Borough and shall be reviewed by any designated representative(s) of the Borough, provided that:

[1] The representative shall not be the pretreatment coordinator; and

[2] The representative shall not be the Superintendent.

(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.

[1] The Borough may, within a reasonable time, decide to:

[a] Grant a stay of wastewater discharge permit conditions pending a decision on the merits of a permit appeal;

[b] Grant the appeal or portions of the appeal, applying such remedies as it deems proper; or

[c] Deny the appeal.

[2] The decision by the Borough constitutes final administrative action.

(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.

[4] Any discharge that has caused imminent endangerment to human health, welfare or the environment or has caused the Borough to exercise its emergency authority under Subsection D(1), (2) or (3) of this section.

[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.

§ 242-9 Violations and penalties.

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).

§ 242-10 Remedies not exclusive.

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.

§ 242-11 Special agreements and/or waiver of pretreatment requirements.

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.

§ 242-12 Interpretation.

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.

§ 242-13 Short title.

This article may be cited as the "Borough of Chambersburg Industrial Pretreatment Ordinance of 1994."