The public sanitary sewerage system is primarily
intended to transport and treat sanitary sewage from dwellings, commercial,
industrial and public establishments located in the Borough of Indiana
and the Township of White. All sanitary sewage from any residence
or establishment in the Borough of Indiana and/or the Township of
White is required to be discharged into the public sanitary sewerage
system, where said public sanitary sewer system is available to the
property upon which such residence or establishment is situated.
The economy and desirability of the combined
treatment and transportation of certain industrial wastes together
with sanitary sewerage is recognized. The incompatibility of many
industrial wastes to the treatment processes employed for treating
sanitary sewage is also recognized. Certain industrial wastes may
be discharged to the public sanitary sewerage system which are determined
not to be harmful to said system, nor to be of such volume nor of
such a total organic or solids loading as to impair the capacity of
the public sewerage system. No industrial wastes shall be admitted
to the public sewerage system until the Borough has issued a written
permit accepting such waste and describing the conditions under which
such waste shall be accepted and limiting the amount of such waste.
The written permit or permission to discharge such waste shall be
revocable by the Borough for changes in either the character or composition
of the waste, or the volume discharged, or for departure from the
conditions specified in the permit issued accepting such waste. It
is also recognized that the transportation and treatment of industrial
wastes may add to the cost of operating and maintaining the public
sanitary sewerage system. Such additional costs shall be borne by
the person or persons receiving the benefit of such transportation
and treatment as herein provided.
Nothing contained herein shall limit or diminish
the right of the Borough Council to refuse connection to the public
sanitary sewerage system for deleterious industrial wastes, or to
compel discontinuance of the use of the public sanitary sewerage system
for such wastes, or to require pretreatment or regulated rate of discharge
thereof in order to prevent harmful or adverse effect upon the system.
In general, industrial waste will be considered
harmful to the public sanitary sewerage system if it may cause any
of the following damaging effects:
A.
Chemical reaction, either directly or indirectly,
with the materials or construction of the public sanitary sewerage
system in such manner as to impair the strength or durability of the
sewer structures;
B.
Mechanical action that will destroy the sewer structures;
C.
Restriction of the hydraulic capacity of the sewer
structures;
D.
Restriction of the normal inspection or maintenance
of the sewer structures;
E.
Danger to public health and safety; or
F.
Obnoxious condition inimical to public interest.
[Amended 4-3-1984 by Ord. No. 1357]
All significant users proposing to connect to
or to contribute to the public sanitary sewer system shall obtain
a wastewater discharge permit before connection to or contributing
to the public sanitary sewer system. A "significant user" is one whose
discharge flow is 25,000 gallons or greater per average work day,
or is found by the Borough of Indiana or the United States Environmental
Protection Agency to have significant impact, either singly or in
combination with other contributing industries, on the wastewater
treatment system, the quality of sludge, the system's effluent quality
or emissions generated by the system. All existing significant users
connected to or contributing to the public sanitary sewer system shall
obtain a wastewater contribution permit within 180 days after the
effective date of this section. The Borough Council may, at its discretion,
require any person discharging industrial waste or industrial waste
and sanitary sewerage combined, which such person has obtained a permit
from the Borough, into the public sewer system to install a suitable
manhole or manholes on his connecting sewer or sewers to facilitate
observation. Such manhole or manholes is to be installed by such person
at his or her expense to be maintained by him so as to be safe and
accessible to the Borough Council at all times and to be constructed
in accordance with the plans approved by the Borough Council.
A.
Application.
(1)
Users required to obtain a wastewater contribution
permit shall complete and file with the Borough an application in
the form prescribed by the Borough and accompanied by a fee as set
from time to time by resolution of the Borough Council. Existing users
shall apply for a wastewater contribution permit within 30 days after
the effective date of this section, and proposed new users shall apply
at least 90 days prior to connecting to or contributing to the public
sanitary sewer system. In support of the application, the user shall
submit, in units and terms appropriate for evaluation, the following
information:[1]
(a)
Name, address, and location (if different from
the address);
(b)
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended;
(c)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in Subsection B of this section as determined by a reliable analytical laboratory; sampling and analysis 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;
(d)
Time and duration of contribution;
(e)
Average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any;
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections, and appurtenances
by the size, location and elevation;
(g)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged;
(h)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any city, state
or Federal Pretreatment Standards, and a statement regarding whether
or not the 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 for the user to meet applicable
pretreatment standards;
(i)
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the shortest schedule
by which the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard:
[1]
The following condition shall apply to this
schedule:
[a]
The schedule shall contain increments
of 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 user to meet the applicable pretreatment
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
[b]
No increment referred to in Subsection
A(1)(i)[1][a] shall exceed nine months.
[c]
Not later than 14 days following
each date in the schedule and the final date for compliance, the user
shall submit a progress report to the Superintendent, 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 user to return the construction to the
schedule established. In no event shall more than nine months elapse
between such progress reports to the Superintendent.
(j)
Each product produced by type, amount, process
or processes and rates of production;
(k)
Type and amount of raw materials processed (average
and maximum per day);
(l)
Number and type of employees, and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system;
(m)
Any other information as may be deemed by the
Borough to be necessary to evaluate the permit application.
(2)
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 a wastewater
contribution permit subject to terms and conditions provided herein.
B.
Permit revised. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection A of this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsection A(1)(h) and (i).
C.
Permits subject to regulations; charges and fees.
Wastewater discharge permits shall be expressly subject to all provisions
of this Part 2 and all other applicable regulations, user charges
and fees established by the Borough. Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer;
(2)
Limits on the average and maximum wastewater constituents
and characteristics;
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization;
(4)
Requirements for installation and maintenance of inspection
and sampling facilities;
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(6)
Compliance schedules;
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Borough, and
affording Borough access thereto;
(9)
Requirements for notification of the Borough or any
new introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system;
(10)
Requirements for notification of sludge discharges;
(11)
Other conditions as deemed appropriate by the
Borough to ensure compliance with this Part 2.
D.
Issuance of permits. Permits shall be issued for a specified time period, not to exceed 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 Subsection C(3) 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.
E.
Unlawful to transfer permit. Wastewater discharge
permits are issued to a specific user for a specific operation. A
wastewater 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.
[Amended 4-3-1984 by Ord. No. 1357]
A.
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the public sanitary sewer system, shall submit to the Superintendent for the public sanitary sewer system during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent for the public sanitary sewer system, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 360-12C. At the discretion of the Superintendent for the public sanitary sewer system and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent for the public sanitary sewer system may agree to alter the months during which the above reports are to be submitted.
B.
The Superintendent for the public sanitary sewer system
may impose mass limitations on users which are using dilution to meet
applicable pretreatment standards or requirements, or in other cases
where the imposition of mass limitations are appropriate. In such
cases, the report required by this section shall indicate the mass
of pollutants regulated by pretreatment standards in the effluent
of the user. These reports shall contain the results of sampling and
analysis of the discharge, including the flow and the nature and concentration,
or production and mass where requested by the Superintendent for the
public sanitary sewer system, of pollutants contained therein which
are limited by the applicable pretreatment standards. The frequency
of monitoring shall be prescribed in the applicable pretreatment standard.
All analysis shall be performed in accordance with procedures established
by the Administrator pursuant to Section 304(g) of the Act and contained
in 40 CFR Part 136 and amendments thereto or with any other test procedures
approved by the Administrator. Sampling shall be performed in accordance
with the techniques approved by the Administrator. Where 40 CFR Part
136 does not include a sampling or analytical technique for the pollutant
in question, sampling and analysis 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, or with any other
sampling and analytical procedures approved by the Administrator.
(1)
Inspection.
(a)
The Borough shall require to be provided and
operated, at the user's own expense, monitoring facilities to allow
inspection, sampling, and flow measurement of the building sewer and/or
internal drainage systems. 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.
(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 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. Construction shall be completed within
90 days following written notification by the Borough.
(2)
Right to access. The Borough shall inspect the facilities
of any user to ascertain whether the purpose of this Part 2 is being
met and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Borough or their representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination or in the performance of any of their
duties. The Borough, approval authority and (where the NPDES State
is the Approval Authority) EPA shall have the right to set up on the
user's property such devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering operations. Where
a user has security measures in force which would require proper identification
and clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that upon presentation
of suitable identification, personnel from the Borough, approval authority
and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
(3)
Operating procedure plans. Users shall provide necessary
wastewater treatment as required to comply with this Part 2 and shall
achieve compliance with all 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. 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 Part 2. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be acceptable
to the Borough prior to the user's initiation of the changes.
C.
The Borough shall annually publish in the Indiana
Evening Gazette a list of the users which were not in compliance with
any pretreatment requirements or standards at least once during the
12 previous months. The notification shall also summarize any enforcement
actions taken against the user during the same 12 months.
D.
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or approval
authority upon request.
A.
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 governmental
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.
B.
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 relating to this Part 2, 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.
C.
Information accepted by the Borough as confidential
shall not be transmitted to any governmental agency or to the general
public by the Borough until and unless a ten-day notification is given
to the user.
