[Adopted 4-19-1989 by Ord. No. 920]
Unless the content specifically indicates otherwise, the meaning of
terms used in this article shall be as follows:
Waynesboro Borough Authority, as presently or hereafter constituted,
which has been created by Borough Council.
The quantity of oxygen, expressed in mg/l, utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five days
at 20° Centigrade. The standard laboratory procedure shall be found in
the latest edition of "Standard Methods for the Examination of Water and Wastewater"
published by the American Public Health Association.
The Borough of Waynesboro, Franklin County, Pennsylvania.
That part of the lowest piping of a sewage drainage system which
receives the sewage discharge inside the walls of the building and conveys
it to the building sewer.
That part of the sewage drainage system which extends from the end
of the building drain and conveys its discharge to the public sanitary sewer.
The combined concentration of chromium (II), chromium (III), and
chromium (IV) present in a wastewater sample as determined by the procedures
outlined in the latest edition of "Standard Methods for the Examination of
Water and Wastewater."
The spectrum of the light transmitted by the wastewater solution
after removing the suspended material, including pseudo-colloidal particles.
The group of elected officials acting as the governing body of the
Borough.
The U.S. 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.
Solid waste resulting from the domestic and commercial preparation,
cooking, and dispensing of food and from handling, storage, and sale of produce.
Any structure or premises intended to be used wholly or in part for
the manufacturing, fabricating, processing, cleaning, or laundering or assembly
of any product, commodity, or article.
Any solid, liquid, or gaseous substance, waterborne waste or form
of energy discharged or escaping in the course of any industrial, manufacturing,
commercial, trade, business or research process or in the course of development,
recovering or processing of natural resources, but not sanitary sewage.
The inhibition or disruption of the sewage treatment plant processes
or operations which contribute to a violation of any requirements of the Authority's
or Borough's NPDES permit. The term includes prevention of sewage sludge
use or disposal by the Authority or Borough in accordance with Section 4.05
of the Federal Water Pollution Control Act (33 U.S.C. § 1345) or
any criteria, guidelines, or regulations developed pursuant to the Solid Waste
Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act,
or more stringent state criteria (including those contained in any state sludge
management plan prepared pursuant to Title IV of SWDA) applicable to the method
of disposal or use employed by the Authority or Borough.
That part of the building sewer that extends from the public sanitary
sewer main to the curbline, property line or right-of-way line, whichever
is closest to the sanitary sewer main.
Milligrams of pollutant per liter of sample.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307 (b) and (c) of the Federal Water
Pollution Control Act (33 U.S.C. § 1347) which applies to a specific
category of industrial users.
A permit issued pursuant to Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. § 1342).
Any property on which there is erected a structure, from which wastewater
is or may be discharged, that is not classified as a residential establishment.
Any individual, partnership, copartnership, firm, company, corporation,
association, joint-stock company, trust, estate, governmental entity or any
other legal entity, or their legal representatives, agents or assigns. The
masculine gender shall include the feminine, the singular shall include the
plural where indicated by the context.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in gram equivalent per liter of solution. It shall be determined
by one of the accepted methods described in the latest edition of "Standard
Methods for Examination of Water and Wastewater" published by the American
Public Health Association.
Water that comes in direct contact with a commercial or industrial
end product or with materials incorporate in an end product.
Any person who has demonstrated competency in wastewater analysis
by having analyzed satisfactorily a minimum of three reference wastewater
samples as supplied upon request by the Borough, or by submission of the generally
recognized documentation of competency.
Any room, group of rooms, house trailer, enclosure, etc., occupied
or intended for occupancy as separate living quarters by a family or other
groups of persons living together or by persons living alone, excluding institutional
dormitories.
The normal water-carried household and toilet waste from any improved
property, excluding, however, the effluent from septic tanks or cesspools,
rain, stormwater and groundwater, as well as roof or surface water, drainage
or percolating or seeping waters, or accumulation thereof, whether underground
or in cellars or basements.
All temporary and permanent facilities at any time, and from time
to time, owned by the Authority or leased to and operated by, the Borough
and used, or usable for, or in connection with the collection, conveyance,
and treatment of wastewaters.
The facilities owned by the Authority or leased to and operated by
the Borough and used for the treatment of wastewaters.
A pipe or conduit which carries sanitary sewage and/or authorized
industrial wastes and to which stormwaters, surface waters, and groundwaters
are not intentionally admitted.
Any discharge of water, sewage, or industrial waste in which the
concentration of any given constituent or the quantity of flow exceeds for
any period of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration, or flow, during normal operation.
The Commonwealth of Pennsylvania.
Solids that either float on the surface of, or are in suspension
in water, sewage or other liquids and which are removable by laboratory filtering
using a glass-fiber filter.
Any person who contributes, causes or permits the contribution of
wastewater into the sewage system.
The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and institutions, whether treated
or untreated, which is contributed into or permitted to enter the sewage system.
A.Â
Computation of rentals and fees.
(1)Â
Schedule of fees; determination of volume of water used.
(a)Â
All owners of property connected to and from which wastewaters are discharged to the sewage system, with exceptions set forth hereinafter in Subsection A(2), (3), (4) and (6), shall pay sewer rentals based upon volumes of water consumed as set forth in a schedule of fees which shall be adopted by resolution of the Waynesboro Borough Council, which schedule may be amended from time to time by resolution of the Waynesboro Borough Council.
(b)Â
The volume of water to be used for billing sewer rentals under this Subsection A(1) shall include aggregate quarterly volumes of water purchased from the Borough of Waynesboro and, in addition, aggregate quarterly volumes of water obtained from all other sources (wells, streams, etc.) if discharged into the sanitary sewer system as determined (1) from meters installed and maintained by the property owners as may be required and approved by the Borough, or (2) from estimates or measurements made by the Borough.
(2)Â
In the case of owners of property from which wastewaters are discharged to the sewage system that originate in more than one establishment located on the property, sewer rentals shall be computed for each establishment as set forth in Subsection A(1) and/or as may be applicable, Subsection A(3), (4), (5) and (6). Individual sewer rentals thus computed for each establishment shall be totaled for purposes of determining the aggregate sewer rental billing to the property owner. Any room, group of rooms, house trailer, enclosure, etc., occupied or intended for occupancy as separate living quarters provided with separate toilet facilities and/or facilities for the preparation of food and each office and business shall be classified as an establishment for sewer rental purposes.
(3)Â
Exclusion from the sewage system of noncontaminated wastewaters may be required by the Borough or such exclusion may be optional with the property owner if not required by the Borough. When such wastewaters are excluded, sewer rentals shall be based upon total water consumption, less water excluded, as set forth under Subsection A(1) and/or, as may be applicable, as set forth in Subsection A(2), (4) and (5). Water excluded shall be determined from meters installed and maintained by the property owner as required and approved by the Borough, from estimates made by the Borough, or the property owner may elect to measure wastewater volumes actually discharged to the sewage system as hereinafter provided.
(4)Â
The Borough may require the owner of an industrial establishment, or the owner of an industrial establishment may elect to install, pay for, and maintain a meter approved by the Borough for measuring quarterly wastewater volumes discharged to the sewage system; in which case sewer rentals shall be based upon the actual volume of wastewaters so metered and the rates set forth under Subsection A(1) and/or, as may be applicable, as set forth in Subsection A(2), (5) and (6).
(5)Â
The Borough reserves the right to require the owner of
a nonresidential establishment discharging wastewaters to the sewage system
having an average five-day biochemical oxygen demand (BOD) greater than 200
parts per million (ppm) and/or a suspended solids content greater than 200
ppm to pay a strength of waste surcharge, as may be determined by the Borough,
in addition to applicable volume charges.
(6)Â
Sewer rental billings to owners of industrial establishments
discharging wastewaters to the sewage system and employing more than six employees
based upon the average number of employees during the preceding calendar year
shall be not less than $1.50 per employee per quarter, based upon the average
number of employees during the preceding calendar year. Each industrial establishment
shall furnish the Borough, on or before March 1 of each year, information
regarding the average number of employees during the preceding calendar year.
In case an industrial establishment refuses to furnish such information, the
Borough shall estimate the number of employees.
(7)Â
All sewer rental billings shall be rendered in arrears
of the service provided for quarterly service periods. A credit as determined
by the Borough shall be allowed the owners of properties which are unoccupied
or not used for a period of six consecutive months or more. No credit allowances
shall be given for periods of nonoccupancy less than six consecutive months.
(8)Â
The Borough, for the purpose of recovering costs from users of its sewage system for the implementation of the industrial waste discharge permitting program detailed in § 220-23 of this article, may from time to time collect charges and fees to include:
(a)Â
Fees for industrial waste discharge permit and modified
permit applications.
(b)Â
Fees for monitoring, inspections, and industrial waste
surveillance procedures.
(c)Â
Fees for yearly sampling and analyses of user's
discharges.
(d)Â
Fees for reviewing accidental discharge procedures and
construction.
(e)Â
Fees for filing appeals.
(f)Â
Other fees as the Borough may deem necessary to carry
out the requirements of the industrial waste permitting program.
B.Â
The aforementioned fees shall be set by Waynesboro Borough
Council by resolution, which schedule may be amended from time to time by
resolution of the Waynesboro Borough Council.
A.Â
All sewer rental bills not paid within 30 days of the
date appearing on the bill shall be subject to a penalty of 5%. If any bill
remains unpaid for a period of 60 days, water service to the delinquent property
may be shut off after 10 days from date written notice of intention to do
so has been mailed to the person liable for payment and a written notice has
been posted at a main entrance to the premises. In addition, administrative
charges may be charged as may be adopted by Borough Council by resolution
from time to time. Service will not again be supplied until all rentals, penalty,
interest and necessary expenses and charges for shutting off and turning on
water service have been paid in full. All together with the 5% penalty an
interest at the rate of 6% per annum shall be collected either by action of
assumpsit in the name of the Borough against the owner of the property charged
or by distress of personal property on the premises or by a lien filed in
the nature of a municipal lien against the owner or reputed owner of the property
charged or benefited. The presentation of a bill for sewer rentals is a matter
of accommodation and failure to receive a bill shall not entitle any property
owner to a longer payment period than herein set forth.
[Amended 1-3-2000 by Ord. No. 990; 1-1-2002
by Ord. No. 1002]
B.Â
The Borough reserves the right to refuse permission to
connect to the sewage system, to compel discontinuance of use of the sewage
system or to compel pretreatment of wastewaters by any nonresidential establishment,
in order to prevent discharges deemed harmful or having a deleterious effect
upon any portion of the sewage system.
C.Â
No user shall discharge or cause to be discharged any
stormwater, surface water, building, foundation drainage, roof runoff, or
surface drainage into the sewage system.
D.Â
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the sewage system whether or not said user
is subject to National Categorical Pretreatment Standards or any other national,
state, or local pretreatment standards or requirements.
E.Â
Except as otherwise provided in this article, no user
shall discharge or cause to be discharged to the sewage system any sanitary
sewage, industrial waste or other substance:
(1)Â
Having a temperature higher than 150° Fahrenheit.
(2)Â
Containing more than 100 mg/l by weight of fats, oils
and greases.
(3)Â
Containing 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 to be injurious
in any other way to the sewage system. 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. Prohibited materials include,
but are not limited to, gasoline, kerosene, fuel oils, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other substances which the
Borough, the state or EPA has notified the user is a fire hazard to the system.
(4)Â
Containing any garbage that has not been ground by household
type or other suitable garbage grinders.
(5)Â
Containing any ashes, metal grinding, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch
manure, or any other viscous substance capable of causing obstructions or
other interferences with proper operation of the sewage system.
(6)Â
Having a pH lower than 6.0 or higher than 9.0, or having
any other corrosive property capable of causing damage or hazards to structures,
equipment, or personnel of the sewage system.
(7)Â
Containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure or interfere with
any wastewater treatment process, constitute a hazard in the receiving waters
of the sewage treatment plant, or to exceed the limitations set forth in a
Categorical Pretreatment Standard. A toxic pollutant shall include but not
be limited to any pollutant identified pursuant to section 307(a) of the Federal
Water Pollutant Control Act, as amended, 33 U.S.C. § 1251 et seq.
as may be amended from time to time.
(8)Â
Containing noxious or malodorous substances that will
pass through the sewage treatment plant and exceed the state and interstate
requirements for the receiving stream.
(9)Â
Containing any substance that may cause the 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 into the
sewage system cause the Borough to be in noncompliance with sludge use or
disposal criteria, guidelines or regulations developed under Section 405 of
the Federal Water Pollutant Control Act; any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria
applicable to agricultural utilization of wastewater sludge.
(10)Â
Having color greater than 75 units on Platinum-Cobalt
scale.
(11)Â
Containing any substances which are not correctable by
treatment or reduction by the biochemical wastewater treatment processes employed
at the sewage treatment plant or are treatable but are present in such quantity
as to cause the treatment plant to exceed the requirements of agencies having
jurisdiction over the discharge to the receiving stream.
(12)Â
Prohibited by any permit issued by the state or the Environmental
Protection Agency.
F.Â
No person shall discharge or cause to be discharged to
the sewage system wastewater containing in excess of:
|
0.07 mg/l cadmium
| |
|
1.50 mg/l chromium (total)
| |
|
0.90 mg/l copper
| |
|
0.80 mg/l cyanide
| |
|
1.50 mg/l lead
| |
|
0.07 mg/l mercury
| |
|
0.30 mg/l nickel
| |
|
1.50 mg/l zinc
| |
|
0.10 mg/l bis (2-ethylheyl) Phthalate
| |
|
0.10 mg/l Di-N-Butyl Phthalate
|
(1)Â
All measurements, tests and analysis of the characteristics
of waters and wastes to which reference is made in this article shall be determined
in accordance with the latest edition of "Standard Methods for Examination
of Water and Waste Water," published by the American Public Health Association,
and shall be determined by or under the direct supervision of a qualified
analyst at the control manhole provided, or upon suitable samples taken at
such control manhole.
(2)Â
In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest downstream manhole
in the public sewer to the point at which the building sewer is connected.
The samples shall be collected over a twenty-four-hour period with the sample
proportioned according to the flow rate at the time of the sample.
G.Â
The Borough reserves the right to require nonresidential
establishments having large variations in rates of wastewater discharge to
install suitable regulating devices for equalizing wastewater flows to the
sewage system.
H.Â
When directed by the Borough for due cause, owners of
nonresidential establishments shall install, pay for, and maintain a manhole
and such other devices as may be approved by the Borough to facilitate observation,
measurement, and sampling of wastewaters discharged to the sewage system.
The Borough or its duly authorized representatives shall, at all times, be
permitted to enter upon any and all properties for the purpose of inspecting,
observing, measuring, and sampling wastewaters discharged to the sewage system.
I.Â
Subsequent to the effective date of this article the
owners of any nonresidential establishment that desires to connect to the
sewage system, or any nonresidential establishment which is connected to the
sewage system and plans to change operations as to materially alter the characteristics
and volumes of wastewaters discharged to the sewage system shall notify the
Borough in writing and shall obtain written approval from the Borough before
making such connection or changing its operations.
J.Â
Owners of industrial establishments desiring to discharge
industrial wastes to the sewage system shall obtain a permit from the Borough
to do so upon notification by the Borough. Applications for a permit to discharge
industrial wastes shall be accompanied by all information requested by the
Borough for the determination of industrial waste volumes, characteristics,
and constituents. The cost for obtaining such information shall be borne by
the industrial establishment.
K.Â
No user shall ever 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 the article, the Federal Categorical Pretreatment Standards, any other
pollutant-specific limitations developed by the Borough or state.
L.Â
Each user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by the Borough. Facilities
to prevent accidental discharge of prohibited materials shall be provided
and maintained at the owner or user's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this protection
shall be submitted to the Borough for review, and shall be approved by the
Borough before construction of the facility. However, in no event shall any
liability accrue to the Borough as a result of its approval of said plans.
All existing users shall complete such a plan within six months of the effective
date of this article. No users who commence contribution to the sewage system
after the effective date of this article shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved by
the Borough. Review and approval of such plans and operating procedures shall
not relieve the industrial user from the responsibility to modify the user's
facility as necessary to meet the requirements of this article. In the case
of an accidental discharge, it is the responsibility of the user to immediately
telephone and notify the Borough of the incident. The notification shall include
location of discharge, type of waste, concentration and volume, and corrective
actions.
M.Â
Within five days following an accidental discharge, the
user shall submit to the Borough a detailed written report describing the
cause of the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the 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 user of any fines, civil
penalties, or other liability which may be imposed by this article or other
applicable law.
N.Â
Nothing contained in this section shall be construed
as prohibiting any special agreement or arrangement between the Borough and
any person whereby industrial waste of unusual strength or character may be
admitted into the sewage system.
O.Â
The Borough shall in no event be responsible for maintaining
any portion of any lateral, or for any damage done by stoppage thereof; and
all repairs and replacement shall at all times comply with municipal regulations.
P.Â
The Borough reserves the right to, and may from time
to time, adopt, revise, amend and readopt such rules and regulations as it
deems necessary and proper for the use, operation, and protection of the sewage
system, and all such rules and regulations shall be and become a part of this
article.
A.Â
Owners of industrial establishments desiring to discharge
industrial wastes to the sewage system shall complete and file with the Borough,
an industrial waste discharge permit application in the form prescribed by
the Borough, and accompanied by a fee in the amount specified by the current
fee schedule. Existing industrial users shall apply for an industrial waste
discharge permit within 30 days after the effective date of this article.
Proposed new industrial users shall apply at least 90 days prior to connecting
to or contributing to the sewer system. In support of the application, the
user shall submit, in units and terms appropriate for evaluation, all information
requested by the Borough pertaining to the user's existing or potential
wastewater discharges. The Borough will evaluate the data furnished by the
user and may require additional information. After evaluation and acceptance
of the data furnished, the Borough may issue an industrial waste discharge
permit subject to the terms and conditions provided herein.
B.Â
Industrial waste discharge permits shall be expressly
subject to all provisions of this article and all other applicable regulations,
user charges, and fees established by the Borough. Industrial waste discharge
permits may contain the following:
(1)Â
Limits on the average and maximum wastewater constituents
and characteristics.
(2)Â
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(3)Â
Requirements for installation and maintenance of inspection
and sampling facilities.
(4)Â
Specifications for monitoring programs which may include
sampling location, frequency of sampling, number, types, and standards for
tests and reporting schedule.
(5)Â
Compliance schedule.
(6)Â
Requirements for submission of technical reports or discharge
reports.
(7)Â
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Borough and affording
Borough access thereto.
(8)Â
Requirements for notification of the Borough for any
new introduction of wastewater constituents or any substantial change in the
volume or character of the wastewater constituents being introduced into the
sewage system.
(9)Â
Requirements for notification of slug discharges.
(10)Â
Other conditions as deemed appropriate by the Borough
to ensure compliance with this article.
C.Â
Industrial waste discharge permits shall be issued for a specified time period, not exceeding five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as limitations or requirements as identified in § 220-22 of this article are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
D.Â
Industrial waste discharge permits are issued to a specific
user for a specific operation. An industrial waste discharge permit shall
not be reassigned or transferred or sold to a new owner, new user, different
premises, or a new or changed operation without the approval of the Borough.
Any succeeding owner or user shall also comply with the terms and conditions
of the existing permit.
E.Â
Any owner of an improved property who is discharging
industrial waste into the sewage system and who contemplates a change in the
method of operation or in the pretreatment facilities which will alter the
type of industrial waste then being discharged into the sewage system shall
apply for a new industrial waste discharge permit at least 30 days prior to
such change. The revised permit will be subject to a fee. Approval or disapproval
of a modified permit shall be regulated by the procedures established hereunder
by the issuance of an original permit.
F.Â
In the case of complete separation of sanitary sewage
from industrial waste within an establishment, with the sanitary wastes only
discharged to the sanitary sewer, no discharge permit fee shall be imposed
on that portion of the wastes going to the sanitary sewer.
G.Â
Users shall provide necessary wastewater treatment as
required to comply with this article and shall achieve compliance with all
appropriate Federal Categorical Pretreatment Standards within the time limitations
as specified by the Federal Pretreatment Regulations. Any facilities required
to pretreat wastewater to a level acceptable to the Borough 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. However, in no event shall any liability accrue to the Borough
as a result of its approval of said plans. The review of such plans and operating
procedures will in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to the Borough
under the provisions of this article.
H.Â
The Borough may require a user to submit to the Borough
10 days prior to the first day of June and December, unless required more
frequently, a report indicating the nature and concentration of pollutants
in its effluent. This report shall specifically contain, but not necessarily
be limited to, concentration levels of those pollutants which are limited
by the user's pretreatment standards. If requested by the user, the Borough
will perform the required analyses and will bill the user accordingly. Unless
otherwise specified, all sampling and analytical technique for the pollutants
listed in the permit shall be performed in accordance with the procedures
set forth in the EPA Publication, Sampling and Analysis Procedures for Screening
of Industrial Effluents for Priority Pollutants, April 1977, and amendments
thereto.
I.Â
Sampling and monitoring facilities.
(1)Â
Any user whose property is serviced by a building sewer
carrying industrial waste shall install at his expense a suitable control
manhole together with such necessary meters and other appurtenances in the
building or lateral sewer to facilitate observation sampling, and measurement
of the waste. The monitoring facility should normally be situated on the user's
premises, but the Borough may, when such a location would be impractical or
cause undue hardship on the 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.
(2)Â
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 user.
(3)Â
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.
J.Â
The costs of all sampling, testing, inspection, and other
monitoring activities shall be borne by the respective user. The Borough may
sample and analyze the discharge of each user holding an industrial waste
discharge permit once per year on an unannounced basis. The fees for such
sampling and analysis will be billed to and shall be paid by the user.
K.Â
Availability of user information.
(1)Â
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs and from
inspections shall be available to the public or other government agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Borough that the release of such information would
divulge information, processes or methods of production entitled to protection
as trade secrets of the user. When requested by the person furnishing a report,
the portions 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 upon written request to governmental agencies for uses related to
this article, the National Pollutant Discharge Elimination System (NPDES)
Permit, state disposal system permit and/or the pretreatment programs; provided,
however, that such portions of a report shall be available for use by the
state or any state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
(2)Â
Information accepted by the Borough as confidential,
shall not be transmitted to any governmental agency by the Borough until and
unless a fifteen-day written notification is given to the user.
A.Â
Suspension of wastewater treatment service and/or an
industrial waste discharge permit.
(1)Â
The Borough may suspend the wastewater treatment service
and/or an industrial waste 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, to the environment, or causes interference to
the sewage system or causes the Borough to violate any condition of the sewage
plant's NPDES Permit.
(2)Â
Any person notified of a suspension of the wastewater
treatment service and/or the industrial waste discharge permit shall immediately
stop or eliminate the discharge. In the event of a failure of the person to
comply voluntarily with the suspension order, the Borough shall take such
steps as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the sewage system or endangerment to any
individuals. The Borough shall reinstate the industrial waste discharge permit
and/or the wastewater treatment service upon proof of the elimination of the
noncomplying discharge. A detailed written statement submitted by the user
describing the causes of the harmful discharge and the measures taken to prevent
any future occurrence shall be submitted to the Borough within 15 days of
the date of occurrence.
B.Â
Revocation of permit.
(1)Â
Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having its permit revoked in accordance with the procedures of § 220-24 of this article:
(a)Â
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
(b)Â
Failure of the user to report significant changes in
operations, or wastewater constituents and characteristics.
(c)Â
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(d)Â
Violation of conditions of the industrial waste discharge
permit.
(2)Â
If a permit is revoked, the Borough may take steps it
deems advisable, including severance of the sewer connection, to ensure compliance
with this article.
C.Â
Whenever the Borough finds that any user has violated
or is violating this article, industrial waste discharge permit, or any prohibition,
limitation or requirements contained herein, the Borough may serve upon such
person a written notice stating the nature of the violation. Within 30 days
of the date of the notice, a plan for the satisfactory correction thereof
shall be submitted to the Borough by the user.
D.Â
If any person discharges sewage, industrial wastes, or
other wastes into the sewage system contrary to the provisions of this article,
federal or state pretreatment requirements, or any order of the Borough, the
Borough Solicitor may commence an action for appropriate legal and/or equitable
relief in the 39th Judicial District of Pennsylvania, Franklin County Branch.
A.Â
Any person, partnership or corporation who willfully
or negligently failed to comply with any provision of this article, and the
orders, rules, regulation and permits issued hereunder, shall upon conviction
thereof, be sentenced to pay a fine not exceeding $300 for each offense, or
such person, the members of such partnership, or the officers of such corporation
shall be liable to imprisonment for not more than 90 days, or both. Each day
that a violation is continued shall constitute a separate offense. In addition
to the penalties provided herein, the Borough may recover reasonable attorney's
fees, court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated this
article or the orders, rules, regulation, and permits issued hereunder. All
fines collected for the violation of this article shall be paid to the Borough
of Waynesboro.
B.Â
Any person who knowingly makes any false statements,
representation or certification in any application, record, plan or other
document filed or required to be maintained pursuant to this article, or industrial
waste discharge permit, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this article, shall,
upon conviction, be punished by a fine of not more than $300 or by imprisonment
for not more than 90 days, or both.
