A.
Upon notification of customer and Steelton Borough by the City, pretreatment facilities shall be installed, within 90 days of the date of such notice, at the sole cost of the significant industrial user, to meet City requirements. In no event shall dilution be acceptable as a means of pretreatment to meet the requirements of this chapter. Any order to install pretreatment facilities may be appealed to the Director as provided in § 90-86.
B.
The City reserves the right to require nonresidential
dischargers having large variations in rates of wastewater discharge
to install suitable regulating devices for equalizing wastewater flows
to the sewer system.
C.
When directed by the Department or by one of the suburban
municipalities at the request of the Department, industrial users
shall install, within 90 days of the directive, at their sole cost
and expense, and thereafter maintain a manhole and such other devices
as may be approved by the Department to facilitate observation, measurement
and sampling of wastewaters discharged into the sewer system. The
duly authorized representatives of the Department shall, at all times,
be permitted to:
(1)
Enter upon any and all properties of industrial users
for the purpose of inspecting for compliance, observing, measuring
and sampling wastewaters discharged into the sewer system;
(2)
Set up and use monitoring equipment;
(3)
Inspect and copy industrial waste discharge, monitoring
and production records or any other records pertinent to compliance
with this chapter; and
(4)
Have access to any meters used for establishing or
determining water consumption, water excluded from the sewer system
and wastewater discharged into the sewer system. If an individual
user has security measures in force which physically limit entry to
the premises of such user, the industrial user shall, within 30 days
of the effective date of this section, immediately provide the Department
with whatever is necessary to allow authorized City representatives
to enter the premises, without delay, for the purpose of performing
their duties and responsibilities.
D.
The Department and any suburban municipality may require
any industrial establishment to provide information needed to determine
compliance with this chapter.
A.
Any industrial establishment desiring to discharge
or currently discharging, directly or indirectly, wastes into the
sewer system, or planning to change operations so as to materially
alter the characteristics and/or volumes of wastewaters discharged
into the sewer system, shall notify the Department and any affected
suburban municipality in writing at least 30 days before making such
connection or changing its operations and shall obtain a permit from
the Department to do so. Applications for such permit shall be on
the form supplied by the Superintendent and shall be accompanied by
all information requested by the Department for the determination
of waste volumes, characteristics and constituents. The cost for obtaining
such information shall be borne by the applicant. Any significant
industrial user shall make application for a new permit within 30
days of the effective date of this section.
B.
This application shall include, but shall not be limited
to, the following information in units and terms appropriate for evaluation:
(1)
Name, address and location of applicant;
(2)
SIC number(s) according to the Standard Industrial
Classification Manual, Bureau of Budget, 1972, as amended;
(3)
Volume of wastewaters to be discharged;
(4)
Wastewater constituents and characteristics, including, but not limited to, those set forth in § 90-6B, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with the procedures established by the United States EPA pursuant to Section 304(g) of the Federal Act, 33 U.S.C. § 1314(g), and the regulations promulgated thereunder, 40 CFR 136, as amended;
(5)
Time and duration of discharge;
(6)
Average and maximum wastewater flow rates, including
daily, monthly and seasonal variations, if any;
(7)
A schematic flow representation which shall include
all pretreatment or treatment plans and details, including appurtenances,
sizes, locations and elevations;
[Amended 10-20-2008 by Ord. No. 2008-6, approved 10-20-2008]
(9)
Number of employees and hours worked;
(10)
Description of activities, facilities and plan
processes on the premises, including all materials which are or could
be discharged;
(11)
Each product produced, listed by type, amount
and rate of production;
(12)
Type and amount of raw materials processed,
average and maximum per day;
(13)
Each substance considered toxic, hazardous,
noxious or malodorous, including a description of the hazards associated
with each substance;
(14)
Certification of accuracy by the applicant;
(15)
Any other information required by 40 CFR 403.12(b)
or any other information as may be deemed necessary by the Department
to evaluate that permit application.
C.
The Department shall evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the data furnished, the Superintendent shall issue a permit subject to terms and conditions provided therein, as set forth in Subsection D hereof.
D.
Wastewater discharge permits shall be subject to all
provisions of this chapter and all other applicable federal, state
and local laws, rules, regulations, charges, and fees. The conditions
of such permits shall be uniformly enforced by the City in accordance
with this chapter and applicable federal, state and local laws, rules
and regulations. Permits may contain, but shall not be limited to,
the following conditions:
(1)
The unit charge or schedule of special charges and
fees or wastewater surcharges to be paid the City for the wastewater
to be discharged into the sewer system pursuant to such permit;
(2)
The average and maximum allowable wastewater constituent
and characteristics;
(3)
Equalization, neutralization or other requirements
to control high pH or highly variable pH discharge;
(4)
Limits on rate and time of discharge or requirements
for flow regulations and equalization;
(5)
Requirements for installation, maintenance and/or
operation of monitoring, inspection and sampling facilities;
(6)
Pretreatment requirements;
(7)
Requirements for submission of technical reports or
discharge reports;
(8)
Signatory requirements for certification of technical
reports or discharge reports;
(9)
Requirements for maintaining and retaining plant records
relating to wastewater discharge for a minimum of three years or longer
as specified by the Department and affording the Department access
thereto;
(10)
Compliance schedules;
(11)
Specifications for monitoring programs, including
self-monitoring, sampling location, frequency and method of sampling,
number, types and standards for tests and reporting schedules;
(12)
Requirements for notification of pretreatment
standard exceedance and repeat sampling and testing;
(13)
Requirements for notification of slug or accidental
discharge;
(14)
Requirements for a spill or slug discharge prevention
and control plan in accordance with 40 CFR 403.8(f)(2)(vi)(A)(B)(C)
and (D);
[Amended 10-20-2008 by Ord. No. 2008-6, approved 10-20-2008]
(15)
Requirements
for best management practices.
[Added 10-20-2008 by Ord.
No. 2008-6, approved 10-20-2008]
(16)
Other conditions as deemed appropriate by the
City to insure compliance with these regulations.
[Amended 10-20-2008 by Ord. No. 2008-6, approved 10-20-2008]
E.
Wastewater discharge permits shall be issued for a
specified time period, not to exceed five years, subject to compliance
with all of the provisions of this chapter and the regulations promulgated
thereunder. Any applicant who does not meet the standards of this
chapter shall not be entitled to a five-year permit. All holders of
a wastewater discharge permit must also comply with any National Categorical
Pretreatment Standards within 90 days of their promulgation or any
revisions thereto.
F.
A wastewater discharge permit is not assignable or
transferable to a new user, owner or new use.
A.
No industrial user shall discharge, directly or indirectly,
into the wastewater collection or conveyance system any wastewater
containing in excess of the following pollutant in milligrams per
liter:
[Amended 5-16-2011 by Ord. No. 2011-4, approved 5-16-2011]
|
Pollutant
|
Daily Maximum
|
Instantaneous Maximum
|
|---|---|---|
|
Arsenic (T)
|
2.81
|
5.62
|
|
Cadmium (T)
|
0.75
|
1.50
|
|
Chromium (T)
|
1.31
|
2.60
|
|
Copper (T)
|
2.99
|
5.98
|
|
Cyanide (T)
|
2.15
|
2.15
|
|
Lead (T)
|
0.55
|
1.10
|
|
Mercury (T)
|
0.04
|
0.08
|
|
Molybdenum (T)
|
6.78
|
13.56
|
|
Nickel (T)
|
1.00
|
2.00
|
|
PCBs (T)
|
1.28
|
2.56
|
|
Selenium (T)
|
2.14
|
4.28
|
|
Silver (T)
|
15.46
|
30.92
|
|
Zinc (T)
|
2.20
|
4.40
|
B.
The limits may be changed by regulation of the Director
or by the EPA, to whichever limitation is more stringent.
Upon promulgation of federal Categorical Pretreatment Standards or any federal standard for a particular industry or subcategory, the standards referenced in 40 CFR Chapter 1, Subchapter N, Parts 405-471, if more stringent than the limitations contained in this chapter for such discharges, shall immediately supersede the standards set forth in this chapter. The Superintendent shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12.
Any state requirements and limitations on discharge
which have been or may be adopted which are more stringent than the
federal limitations or those contained in this chapter shall supersede
both federal and City standards. The Superintendent shall notify all
affected users of any such change.
A.
Each significant industrial user shall provide protection
from an upset of pretreatment facilities, slug or accidental discharge
of prohibited materials, and any other substances requested by this
chapter. Facilities to prevent and plans to mitigate an upset, slug
or accidental discharge shall be provided and maintained at such user's
expense. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at such user's expense.
No significant industrial user which commences discharge into the
sewer system shall be permitted to introduce pollutants into the sewer
system until a spill, prevention and control plan has been approved
by the Department approval of such plans and procedures shall not
relieve such user of the responsibility to modify such user's facility
as necessary to meet the requirements of this chapter.
B.
In the event of an upset, slug, or accidental discharge,
it shall be the responsibility of the significant industrial user
to:
(1)
Make immediate notification to the AWTF of location
of discharge date and time thereof type of waste, including concentration
and volume and corrective action taken; and
(2)
Within five days following an upset, slug or accidental
discharge, submit to the Superintendent a written report which shall
specify:
(a)
Description of the upset, slug or accidental
discharge, the cause thereof, and the impact on the industrial user's
compliance status, including location of discharge, type, concentration
and volume of waste;
(b)
Duration of noncompliance, including exact date
and times of noncompliance, and, if the noncompliance continues, the
time by which compliance is reasonably expected to occur;
(c)
All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset, slug or accidental discharge
or other conditions of noncompliance.
C.
The notification required by this section shall not relieve the significant industrial user of any expense, loss, damage, or other liability incurred to the AWTF, the City, any state or federal department or authority, or any damage to person, property or environment; nor will this notification relieve the significant industrial user of any fines, penalties or any other liability which may be imposed by § 90-94 or any other applicable law.
A.
With 90 days following the date for final compliance
or, if a new source, the commencement of discharge, any user subject
to the pretreatment provisions of this chapter shall submit to the
Superintendent a report indicating the nature and concentration of
pollutants and the average and maximum flows of the discharges which
are limited by such pretreatment standards and requirements. The report
shall state whether the applicable pretreatment standards and requirements
are being met and, if not, what additional pretreatment facilities
or additional operations and maintenance tasks are necessary to bring
such user in compliance with the applicable pretreatment standards
and requirements. This statement shall be signed by an authorized
representative of the user and certified by a qualified individual.
B.
Any significant industrial user subject to the provisions
of this chapter shall submit to the Superintendent, at least on a
semiannual basis, a report containing the information required by
its permit. The reports required by this subsection shall be certified
by an authorized signatory of the user and submitted within 30 days
following the end of the reporting period, unless the Superintendent
authorizes, in writing, another submission date or schedule.
C.
If any sampling and testing required by Subsections A and B hereof indicate a violation of a pretreatment standard, the industrial user shall notify the Department within 24 hours of becoming aware of the violation, repeat sampling and testing within 72 hours, or the first day representative of normal operation, and submit, in writing, the results of the repeat analysis within 30 days.
D.
In addition to the requirements of Subsections A, B and C hereof, if the Director or Superintendent has reason to believe that a significant industrial user is not meeting the pretreatment standards on a consistent basis, such user may be required to submit interim compliance reports on a regular or irregular schedule.
E.
Any reports required by this section shall be maintained
and retained for a minimum of three years or longer, as specified
by the Department, and access by the Department afforded thereto.
No industrial user shall introduce any untreated
process waste or process wastewater into the sewer system containing
any hazardous waste constituent identified in 40 CFR 261 without prior
written notification to the Superintendent. Any notification shall
provide the identity of the waste, the hazardous waste constituent
and number, and an estimation of the mass and concentration of hazardous
waste to be discharged and shall be accompanied by a statement certifying
that a waste reduction program is in place. In no case shall the introduction
of any hazardous process waste or nonprocess waste constituent be
permitted as a substitute for the proper treatment and disposal of
any such waste.
A.
No user shall discharge any waste or wastewater directly
into a manhole or other opening in the sewer system, other than an
approved building sewer, unless such user has been issued a special
permit to do so by the Superintendent. Such permit shall be of limited
duration, and the permittee shall comply with all applicable provisions
of this chapter.
B.
The discharge of any trucked or hauled pollutants
is prohibited except at discharge points designated in a special permit
approved by the Superintendent. Such permit shall be of limited duration,
and the permittee shall comply with all applicable provisions of this
section.
No user shall discharge any holding tank or
septic tank wastes unless such person has been issued a special permit
to do so by the Superintendent and a special permit to do so by Steelton
Borough. Such permit shall not be assignable or transferable.
The Director shall adopt a schedule of charges
and fees to cover the costs of implementation of the pretreatment
provisions of this chapter. These fees are in addition to and separate
from all other fees charged by the City and will be assessed by the
City on all permit holders. Such charges and fees may include, but
are not limited to, the following:
A.
Costs of monitoring, inspection and surveillance procedures;
B.
Costs of reviewing permit applications;
C.
Administrative costs of appeals;
D.
Costs of reviewing accidental discharge reports;
E.
Costs of reviewing pretreatment facility construction
plans;
F.
Costs of consistent removal by the AWTF of pollutants
subject to pretreatment standards;
G.
Any other costs incurred by the City in implementing
the requirements of this chapter.
The pretreatment provisions and all other requirements
of this chapter shall apply to any person currently discharging into,
directly or indirectly, or otherwise using, the sewer system, or any
person who shall in the future discharge into, directly or indirectly,
or otherwise use, the sewer system.
The Director is authorized to promulgate such rules and regulations as are necessary for the proper administration, implementation and enforcement of this part. This authority is in addition to that granted in any section of this part. Such rules and regulations shall have the same force and effect as the provisions of this section, and any violation thereof shall be deemed a violation of the applicable chapters for enforcement purposes in §§ 90-80 through 90-94. The Director shall publish notice of the promulgation of any such rules and regulations and shall notify each of the suburban municipalities prior to adoption of the same, pursuant to § 90-72.
Should any user refuse, neglect or fail to comply with any provision of this chapter or any of the rules and regulations promulgated thereunder or any notice or directive given in conformity with or pursuant to the provisions of this chapter, the City may pursue any or all of the remedies set forth in §§ 90-80 through 90-94 et seq.
Any information submitted to the City pursuant
to these ordinances or any rules and regulations promulgated thereunder
may be claimed as confidential by the submitter. Any such claim shall
be asserted at the time of submission by the stamping or placing of
the words "Confidential Business Information" on each page containing
such information. If no claim is made at the time of submission, the
City may make the information available to the public without further
notice. If a claim is asserted, the information shall be treated in
accordance with the procedures in 40 CFR 2 (Public Information); provided,
however, that any information regarding effluent data shall be available
to the public without restriction.
Compliance monitoring and inspection will be
performed by the City. This duty will be based on a schedule determined
by the type of facility, type and concentration of pollutants in the
discharge, and the past performances of compliance by the industrial
user.
All persons owning property connected to, and
from which sanitary sewage or industrial wastes are discharged into,
the sewer system shall pay to the City rates and rental charges, for
each service period, in accordance with the schedule or rates set
forth in this chapter.
A.
Residences and nonresidential establishments. Billings by the City to suburban municipalities for residential properties and nonresidential establishment customers of suburban municipalities shall be based on the sewer rental rates as set forth in § 90-64 for persons whose wastewater is ultimately discharged by the respective municipality into the Harrisburg Conveyance System or the Steelton Conveyance System. Billings by the suburban municipalities to their respective customers shall be based on either the volume rate or the flat rate as specified by the respective suburban municipalities.
A.
A significant industrial user discharging, directly or indirectly, into the sewer system wastewaters having an average five-day biochemical oxygen demand (BOD) greater than 290 mg/L, or a suspended solids content (SS) greater than 380 mg/L, or total phosphorus (P) content greater than 10 mg/L shall pay to the Department a strength-of-waste surcharge in addition to applicable volume charges. Such surcharges shall be determined in accordance with rates set forth in § 90-64 and shall be billed by the Department to the significant industrial user. The strength of wastewaters — to be used for establishing the amount of surcharges — shall be determined at least once annually either:
(1)
By suitable sampling and analysis of the wastewaters
for three consecutive days during a period of normal discharge; or
(2)
From estimates made by the City; or
(3)
From known relationships of products produced to strengths
of wastewaters for those users for which such factors have been established.
B.
In establishing wastewater strengths for surcharge
purposes by analysis, analyses shall be made in accordance with procedures
outlined in the latest edition of "Standard Methods for the Examination
of Water and Wastewater," published by the American Public Health
Association, Inc., or any method approved by the EPA. Owners of industrial
establishments discharging domestic and/or industrial wastewater to
the sewer system shall furnish the Department upon request all information
deemed essential for determination of applicable sewer rental surcharges
for excess strength wastes. The cost of obtaining such information
shall be borne by the owners of such industrial establishments.
A.
Effective January 1, 1996, there are hereby established rates or charges for the use and service of the wastewater facilities of the City. The gross rate established is that set forth in Subsection C hereof which gross rate is the applicable sum total of "user charges" for operating and maintenance charges of the wastewater facilities as set forth in Subsection C(1) hereof and that portion of charges applicable to rental and other obligations of City as imposed by the lease entered into between the City and the Harrisburg Authority as set forth in Subsection C(2), (3) and (4) hereof.
B.
The rates set forth under the column captioned "payable
by suburban municipalities" are set forth on a "per customer" basis.
These rates shall be charged by the City to the suburban municipalities
under the service agreement dated September 15, 1976, as amended.
The suburban municipalities shall pay the statements as issued by
the City to the respective municipalities. The municipalities shall
be responsible for billing their respective customers.
C.
Total sewer rental rates payable with respect to the wastewater facilities [the total of Subsections C(1), (2), (3) and (4) below]:
|
Payable by Suburban Municipalities per
Customer
| |||||
|---|---|---|---|---|---|
|
Harrisburg Customers
|
Harrisburg Conveyance System
|
Steelton Conveyance System
| |||
|
Volume Rate
| |||||
|
Dollars per volume of water consumed
|
$17.211 per 1,000 cubic feet
or
|
$2.301 per 1,000 gallons
|
$1.984 per 1,000 gallons
|
$1.576 per 1,000 gallons
| |
|
Flat Rate
| |||||
|
Dollars per residential property per year
|
$149.56
|
$128.96
|
$102.44
| ||
|
Strength of Waste Surcharges (see
Note * below)
| |||||
|
Pollutant
|
Threshold
| ||||
|
BOD
|
290 mg/L
|
1.1 per 1,000 cubic feet
or
|
.15 per 1,000 gallons
|
.11 per 1,000 gallons
|
.11 per 1,000 gallons
|
|
SS
|
380 mg/L
|
.83 per 1,000 cubic feet
or
|
.11 per 1,000 gallons
|
.11 per 1,000 gallons
|
.11 per 1,000 gallons
|
|
P
|
10 mg/L
|
16.3 per 1,000 cubic feet
or
|
2.18 per 1,000 gallons
|
2.21 per 1,000 gallons
|
2.21 per 1,000 gallons
|
|
NOTES:
|
|---|
|
* Strength of waste surcharges are expressed
as cents per volume of water consumed for each mg/L by which the pollutant
exceeds the threshold.
|
(1)
Sewer rental attributable to operation, maintenance
and administration expenses.
|
Payable by Suburban Municipalities per
Customer
| |||||
|---|---|---|---|---|---|
|
Harrisburg Customers
|
Harrisburg Conveyance System
|
Steelton Conveyance System
| |||
|
Volume Rate
| |||||
|
Dollars per volume of water consumed
|
$11.213 per 1,000 cubic feet
or
|
$1.499 per 1,000 gallons
|
$1.499 per 1,000 gallons
|
$1.250 per 1,000 gallons
| |
|
Flat Rate
| |||||
|
Dollars per residential property per year
|
$97.44
|
$97.44
|
$97.44
| ||
|
Strength of Waste Surcharges (see
Note * below)
| |||||
|
Pollutant
|
Threshold
| ||||
|
BOD
|
290 mg/L
|
88 per 1,000 cubic feet
or
|
.12 per 1,000 gallons
|
.12 per 1,000 gallons
|
.12 per 1,000 gallons
|
|
SS
|
380 mg/L
|
66 per 1,000 cubic feet
or
|
.09 per 1,000 gallons
|
.09 per 1,000 gallons
|
.09 per 1,000 gallons
|
|
P
|
10 mg/L
|
12.32 per 1,000 cubic feet
or
|
1.64 per 1,000 gallons
|
1.64 per 1,000 gallons
|
1.64 per 1,000 gallons
|
|
NOTES:
|
|---|
|
* Strength of waste surcharges are expressed
as cents per volume of water consumed for each mg/L by which the pollutant
exceeds the threshold.
|
(2)
Sewer rental attributable to 1984 and 1988 Series
A Lease Rental and related revenue requirements.
|
Payable by Suburban Municipalities per
Customer
| |||||
|---|---|---|---|---|---|
|
Harrisburg Customers
|
Harrisburg Conveyance System
|
Steelton Conveyance System
| |||
|
Volume Rate
| |||||
|
Dollars per volume of water consumed
|
$3.127 per 1,000 cubic feet
or
|
$0.418 per 1,000 gallons
|
$0.482 per 1,000 gallons
|
$0.323 per 1,000 gallons
| |
|
Flat Rate
| |||||
|
Dollars per residential property per year
|
$27.17
|
$31.33
|
$21.00
| ||
|
Strength of Waste Surcharges (see
Note * below)
| |||||
|
Pollutant
|
Threshold
| ||||
|
BOD
|
290 mg/L
|
.20 per 1,000 cubic feet
or
|
.02 per 1,000 gallons
|
.02 per 1,000 gallons
|
.02 per 1,000 gallons
|
|
SS
|
380 mg/L
|
.15 per 1,000 cubic feet
or
|
.02 per 1,000 gallons
|
.02 per 1,000 gallons
|
.02 per 1,000 gallons
|
|
P
|
10 mg/L
|
1.64 per 1,000 cubic feet
or
|
0.21 per 1,000 gallons
|
0.24 per 1,000 gallons
|
0.25 per 1,000 gallons
|
|
NOTES:
|
|---|
|
* Strength of waste surcharges are expressed
as cents per volume of water consumed for each mg/L by which the pollutant
exceeds the threshold.
|
(3)
Sewer rental attributable to Series B lease and related
revenue requirements.
|
Payable by Suburban Municipalities per
Customer
| ||||
|---|---|---|---|---|
|
Harrisburg Customers
|
Harrisburg Conveyance System
|
Steelton Conveyance System
| ||
|
Volume Rate
| ||||
|
Dollars per volume of water Consumed
|
$1.803 per 1,000 cubic feet or
|
$0.241 per 1,000 gallons
|
N/A
|
N/A
|
|
Flat Rate
| ||||
|
Dollars per residential property per year
|
$15.66
|
N/A
|
N/A
| |
(4)
Sewer rental attributable to the 1996 PENNVEST Loan,
Pension Fund Loan and related revenue requirements.
|
Payable by Suburban Municipalities per
Customer
| ||||
|---|---|---|---|---|
|
Harrisburg Customers
|
Harrisburg Conveyance System
|
Steelton Conveyance System
| ||
|
Volume Rate
| ||||
|
Dollars per volume of water consumed
|
$1.070 per 1,000 cubic feet
|
$0.143 per 1,000 gallons
|
$0.003 per 1,000 gallons
|
$0.003 per 1,000 gallons
|
|
Flat Rate
| ||||
|
Dollars per residential property per year
|
$9.30
|
$0.20
|
$0.20
| |
For the purpose of determining the amount of sewer rental payable under the provisions set forth in §§ 90-61 through 90-64, the City shall have access at all reasonable times without delay to all industrial users using the sewer system and any meters used for establishing or determining water consumption, water excluded from the sewer system and sewage or waste water discharged into the sewer system.
Bills for the payment of strength of waste surcharges
for sewer service and the use of the sewer system pursuant to this
section shall be rendered at the same time and intervals as charges
for water consumed in and furnished to the same property and shall
be due and payable upon presentation. All quarterly billings shall
be made and distributed and shall cover service over the following
months:
|
Months of Billing
|
Months of Service Covered by Billing
|
|---|---|
|
February
|
November, December and January
|
|
May
|
February, March and April
|
|
August
|
May, June and July
|
|
November
|
August, September and October
|
If any bill for strength of waste surcharges,
except for annual service periods, is not paid within 60 days after
the same becomes due and payable, it shall be delinquent, and a penalty
shall be imposed as provided in Chapter 1-301.5 of the Recodified
Ordinances of the City of Harrisburg. Bills for annual service periods
shall be subject to the same penalties, except that penalties shall
not be added or begin to accrue until August 1 of such annual service
period.
Upon the failure of any person to pay in full
any bill for strength of waste surcharge within 60 days after the
same becomes due and payable, the City shall have the right to terminate
sewer service to the property of such person or to turn off the water
supply to such property. Service may be restored upon payment of all
delinquent bills against such property and expenses which may have
been incurred in terminating such service, turning off the water supply,
or restoring the same.
This section is hereby declared to be urgent
for the preservation of the peace, health and comfort of the residents
of the City and the Township and shall take effect and be in force,
as hereinafter provided, immediately after final passage and publication
as required by law. The City reserves the right, subject to its obligations
under its lease with the Harrisburg Authority, and its obligations
under the Second Supplemental Agreement dated September 15, 1976,
among the City of Harrisburg and the suburban municipalities and any
supplements and amendments to said agreement, to make such changes
from time to time as in its determination may be desirable or beneficial
and to amend this chapter or to change the rates or charges in such
manner and at such time as in its determination may be advisable.
A.
No connection to the sewer system beyond the limits of the City shall be made except under the terms, provisions and conditions set forth in this article and those in §§ 90-44 through 90-60, if applicable, and after issuance of a permit by the Director DPW if required by §§ 90-44 through 90-60. Any industrial establishment desiring to connect to the sewer system beyond the limits of the City shall make application to the Director for a permit to connect upon a form provided by the Superintendent. To the form shall be attached a sketch or plan showing in detail: the location and size of lot; the improvements now of such lot or thereon proposed to be erected for which the permit is requested; the precise place where the tappage is proposed to be made to the sewer system; and the location, length and size of the sewerage line proposed therefor. The Superintendent shall notify the affected suburban municipality upon receipt of any such application.
B.
Any other connection to the sewer system beyond the
City limits shall be according to the terms and conditions set forth
in the Service Agreement of 1976 or any amendments thereto.
All such applications by an industrial establishment
shall be accompanied by a filing fee of $75 to cover to the costs
and expenses of investigating the same.
Upon the filing of the application and payment
of the filing fee, the Director shall forthwith cause to be made an
investigation to determine whether the requested tappage will or will
not be prejudicial to the best interests of the AWTF in view of the
additional burden imposed on the sewer system and after taking into
consideration present and anticipated future needs.
Upon the approval of any such application, the Director is authorized to issue permit granting to the applicant the right or privilege of tapping, in conformity with the application, into a specified sanitary sewer. The permit shall be subject to §§ 90-44 through 90-60 to which terms, provisions and conditions the applicant, for it and any successors in title to the improvements in question, by accepting the permit and acting thereon hereby agrees to all as though specifically set forth in written contract between the City and the applicant. The permit shall not be assignable or transferable.
Unless otherwise allowed by a permit issued pursuant to § 90-44 et seq., any connection beyond the City limits shall be for the purpose of discharging sanitary sewerage only into the sewer system.
Each industrial establishment governed by the pretreatment requirements of §§ 90-44 through 90-60 located in a suburban municipality shall be assessed a surcharge directly by the City for the pollutant load for all sewage and wastes discharged into the sewer system which exceed the maximum threshold levels set forth therein, such surcharge to be determined by the City.
A.
Any municipality contributing to the sewer system
shall agree to adopt, enforce and keep in full force and effect during
the term of any agreement or discharge into the sewer system an ordinance
or ordinances, or resolution or resolutions, as appropriate, prohibiting
the discharge into its sewage collection system which discharges into
the City sewer system of any wastes prohibited to be discharged into
the sewer systems under the ordinances, rules and regulations of the
City as the same shall be, from time to time, adopted.
B.
Any municipality contributing to the sewer system
shall agree to adopt such ordinances or resolutions necessary to impose
any rates, charges, tariffs or requirements upon any of the customers
by agreements or laws and regulations which relate to obligations
assumed under such agreements.
C.
Any municipality contributing to the sewer system
shall agree to cooperate with the City in any investigation regarding
industrial waste discharges into the sewer system and shall grant
to the City the right to review, at any time, the volume, pollutant
load and character of sewage and wastes being discharged into the
sewer system.
Pursuant to the notice requirements of § 90-85, the City may suspend wastewater treatment and/or a discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which:
After informal notice to halt or prevent a discharge
which reasonably appears to present an imminent endangerment to the
health or welfare of persons, the AWTF, the sewerage system or the
environment, the person responsible for the discharge shall immediately
stop or eliminate the contribution. In the event of failure of the
person to cease or cause to cease such contribution, the Superintendent
shall notify the Director who shall authorize any actions as deemed
necessary to halt or prevent such contribution, including immediate
severance of the sewer connection, to prevent or minimize damage to
the sewerage system and/or the AWTF, the environment or to any individuals.
The existence of any one of the following conditions
may cause the City to revoke the permit of the significant industrial
user.
A.
Failure to factually report the wastewater constituents
and characteristics of a discharge;
B.
Failure to report significant changes in operations
or in wastewater constituents and characteristics;
C.
Refusal of access to the discharger's premises for
the purpose of inspecting or monitoring or determining the amount
of sewer rental payable;
D.
Failure to comply with any of the terms and conditions
of a permit;
F.
Failure to pay in full any bill for sewer rental,
sewer maintenance charge, tappage fee, or any other charge or fee
imposed by ordinance or regulation within 60 days after the same becomes
due and payable.
The City shall reinstate a permit and/or restore
service under the following conditions, as applicable:
A.
Demonstration to the satisfaction of the City that
such significant industrial user is now utilizing good management
practices to prevent or reduce the contribution of pollutants to the
sewer system. Good management principles include, but are not limited
to, preventive operating and maintenance practices to reduce the quantity
or improve the quality of effluent discharged and the control of plant
spillage, leaks and drainage from storage areas; and
B.
Submission to the City of proof of elimination of
any noncomplying discharge; and
C.
Submission within 15 days of the occurrence a detailed
report describing the causes of the noncomplying discharge and the
measures taken to prevent any future occurrence; or
D.
Access to the premises in question for enforcement
purposes is assured; or
E.
Submission of a detailed report describing the measures
taken to ensure present and future compliance with the terms and conditions
of a permit; or
F.
Evidence of compliance with federal, state and local
laws, rules and regulations is submitted; or
G.
Payment in full of all delinquent bills, fees and
charges and all charges incurred by the City in damages or as costs
of enforcement is made.
Whenever the Superintendent finds that any person
has violated or is violating any provisions of the chapters to which
these enforcement provisions apply, any permit issued thereunder,
or any applicable federal, state or local regulation, the Superintendent
or a designee shall serve or cause to be served upon such person a
written notice stating the nature of the violation and requiring the
submission within 30 days of the date of the notice a plan for the
satisfactory correction of such violation. If the violation has occurred
outside the City, the Superintendent shall mail a copy of such notice
to the appropriate suburban municipality or municipal authority.
Any person affected by a notice, directive or
other decision of the Superintendent may request a hearing before
the Director and present evidence of circumstances justifying reconsideration
of the decision of the Superintendent. Such request must be in writing
and served on the Director within 10 days of the date of the notification
or decision. The Director shall hold a hearing and render a decision
within 15 days of the request.
Subject to the notice provisions of § 90-85, in circumstances where the nature of the violation constitutes a violation of the Clean Streams Law,[1] the City may apply for a mandatory preliminary injunction
or special injunction in the Court of Common Pleas of Dauphin County
or the Commonwealth Court of Pennsylvania in accordance with the Pennsylvania
Rules of Civil Procedure relating to actions in equity.
[1]
Editor's Note: See 35 P.S. §§ 691.1
et seq.
A.
Any person who permits or allows a discharge which
causes an obstruction or damage to the AWTF shall be assessed a charge
equal to the amount necessary to repair or replace the damaged facilities.
B.
Should any person refuse, neglect or fail to comply with pretreatment provisions and discharge limitations of §§ 90-61 through 90-71, with any of the rules and regulations promulgated thereunder, or with any directive or notice given pursuant to this chapter or to any other chapter in Article VI to which these enforcement provisions apply, then the Director is hereby empowered to authorize and may authorize the supply of all labor and materials necessary to effect compliance. Such person shall be assessed a charge equal to the amount necessary to effect compliance.
C.
Should the City suffer the termination or suspension of its NPDES permit or be assessed penalties or fines for violations thereof, which violations were caused by the failure of a discharger to comply with the provisions of §§ 90-61 through 90-71 or other sections in this part and any applicable rules and regulations, such discharger shall be assessed a charge equal to the amount expended by the City to cause its NPDES permit to be reinstated plus the amount of any penalties or fines imposed against it.
A.
All charges assessed in accordance with § 90-88, all sewer rental, tappage and sewer maintenance fees, fees or charges imposed for inspection, monitoring and laboratory analysis, or any other fees or charges authorized by any provision to which this chapter applies shall be a lien on the properties served from the date the charge therefor first becomes due and payable.
B.
All charges imposed pursuant to § 90-80 et seq. and § 90-88, together with a 10% penalty thereon, shall be certified by the Director to the City Solicitor who shall enter the same as a lien in the Court of Common Pleas of Dauphin County and proceed to collect the same in like manner as other municipal claims are by law collectible.
C.
Sewer rental, tappage and maintenance fees shall be
a lien on the properties served from the date the charge therefor
first becomes due and payable. If such charges are not paid, the City
may file such liens and proceed to collect the same in like manner
as other municipal claims are by law collectible.
D.
In addition to the above method, the City may proceed
to collect such assessments by action in assumpsit in the name of
the City against the owner of the property charged and/or the person
discharging into the sewer system.
E.
In addition to the above, the City may recover reasonable
attorneys' fees, court costs, court reporter fees and all other expenses
of litigation to enforce the claim or claims of the City.
[Amended 10-20-2008 by Ord. No. 2008-6, approved 10-20-2008]
Pursuant to the public participation requirements of 40 CFR
25, the Department shall cause to have published at least annually
in the largest daily newspaper of general circulation in the City
a list of all industrial users who, during the previous twelve-month
period, were in significant noncompliance with applicable pretreatment
standards or other pretreatment requirements. For the purpose of this
provision, a significant noncompliance violation is:
A.
One or more violations of a pretreatment standard or requirement,
including chronic violations and technical review criteria violations;
B.
Any discharge which alone or in combination causes interference or
pass-through, or endangers the health or welfare of AWTF personnel,
the public or environment, or results in the AWTF exercising its emergency
authority to halt or prevent such a discharge;
C.
Failure to implement best management practices;
D.
Failure to meet a compliance schedule milestone;
E.
Failure to provide a required report;
F.
Failure to accurately report noncompliance; or
G.
Any other violation or group of violations the AWTF considers to
be significant.
Any person who violates any of the terms, provisions or requirements of §§ 90-44 through 90-79, or any of the applicable rules and regulations regarding discharges, shall be deemed to be maintaining a nuisance, which nuisance the City is authorized and directed to abate in the manner provided by law.
Whenever notice is necessary under this article,
such notice shall be properly served upon an owner if a copy thereof
is delivered to the owner personally; or by leaving a notice at the
usual place of abode with someone of suitable age and discretion who
shall be informed of the contents thereof; or by certified or registered
mail addressed to the owner at the last known address with return
receipt showing it has been delivered. If the return receipt shows
that it has not been delivered, then service may be made by posting
a copy thereof in a conspicuous place in or about the structure affected
by such notice. Such notice shall set forth a reasonable time for
such compliance to be accomplished.
A.
The Superintendent of the AWTF, Pretreatment Coordinator,
City Engineer, and Plumbing Inspector shall act in the capacity of
police officers for the limited purpose of issuing non-traffic-summary
citations to owners of premises or persons who are found in violation
of this part. Notice of issuance of a citation shall also be given
to Steelton Borough.
B.
The Director may, by written rule or regulation, designate
further employees of the Department of Public Works who may issue
such citations. Such rules and regulations shall be effective three
days following filing with the City Clerk.
A.
Civil penalty. In addition to proceedings under this article or any other remedy available at law or equity for violation of pretreatment standards requirements, any person who fails to comply with any provision of §§ 90-15 through 90-53, or any applicable rules or regulations, or whoever fails to comply with a notice given pursuant to those sections and/or this part, may be assessed a civil penalty, whether or not the violation was willful or negligent, in accordance with Subsection 4(a)(1) of the Publicly Owned Treatment Works Penalty Law, Act of March 26, 1992, P.L. 23, 35 P.S. § 752.4(a)(1), of not more than $25,000 per day of violation. Each twenty-four-hour period during which a violation continues shall be considered a separate and distinct offense under this provision and punishable as such.
B.
Criminal penalty. Any person who knowingly or negligently violates any of the terms, provisions or requirements of § 90-53 or any of the applicable rules and regulations, or whoever refuses or neglects to comply with any notice given pursuant to these sections to such person, or whoever obstructs or interferes with any person in the enforcement of these chapters shall, upon conviction thereof, severally for each and every violation or noncompliance respectively be fined not more than $1,000 or imprisoned for not more than 90 days, or both. Each twenty-four-hour period during which a violation continues shall be considered a separate offense and punishable as such.
C.
Any person who knowingly or negligently makes a false
oral or written statement in any report, record, plan, application
or other document filed with the City or who falsifies, tampers with
or renders inaccurate any monitoring device or method required under
this part, shall be liable to prosecution under appropriate criminal
statues, including but not limited to: false swearing, 18 Pa.C.S.A.
§ 4903; unworn falsification to authorities, 18 Pa.C.S.A.
§ 4904; tampering with or fabricating physical evidence,
18 Pa.C.S.A. § 4910; and tampering with public records or
information, 18 Pa.C.S.A. § 4911.
