All significant users proposing to connect to or 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 workday, or is found by the Township of White, 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 Part 3. The Township of White may, at its discretion, require any person discharging industrial waste or industrial waste and sanitary sewage combined, which such person has obtained a permit from the Township 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 Township of White at all times and to be constructed in accordance with the plans approved by the Township.
A. 
Users required to obtain a wastewater contribution permit shall complete and file with the Township an application in the form prescribed by the Township and accompanied by a fee as set by resolution of the Board of Supervisors.[1] Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this Part 3 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) 
Name, address and location (if different from the address).
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) 
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 235-13 of this Part 3, as determined by a reliable analytical laboratory, sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304 (g) of the Act and contained in 40 CFR Part 136, as amended.
(4) 
Time and duration of contribution.
(5) 
Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(7) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(8) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any Township, 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.
(9) 
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 application pretreatment standard. The following conditions 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 this section 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 Township Manager, 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 the Township Manger.
(10) 
Each product produced by type, amount, process or processes and rates of production.
(11) 
Type and amount of raw materials processed (average and maximum per day).
(12) 
Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(13) 
Any other information as may be deemed by the Borough to be necessary to be necessary to evaluate the permit application.
[1]
Editor's Note: The fee schedule is on file in the Township offices.
B. 
The Township will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Township may issue a wastewater contribution permit subject to terms and conditions provided herein.
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 § 235-12, 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 Township Manager within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required in § 235-12A(8) and (9).
Wastewater discharge permits shall be expressly subject to all provisions of this Part 3 and all other applicable regulations, user charges and fees established by the Township. Permits may contain the following:
A. 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.
B. 
Limits on the average and maximum wastewater constituents and characteristics.
C. 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
D. 
Requirements for installation and maintenance of inspection and sampling facilities.
E. 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
F. 
Compliance schedules.
G. 
Requirements for submission of technical reports or discharge reports (see § 235-17).
H. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Township and affording Township access thereto.
I. 
Requirements for notification of the Township of 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.
J. 
Requirements for notification of sludge discharges.
K. 
Other conditions as deemed appropriate by the Borough to ensure compliance with this Part 3.
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 Township during the term of the permit as limitations or requirements as identified in § 235-14 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.
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 Township. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
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 Township Manager for the public sanitary sewer system during the months of June and December, unless required more frequently in the pretreatment standard or by the Township Manager 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 § 235-14 of this Part 3. At the discretion of the Township Manager 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 Township Manager 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 § 235-12 of this Part 3 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 Township Manager 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 § 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.
A. 
The Township 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 Township's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Borough.
The Township shall inspect the facilities of any user to ascertain whether the purpose of this Part 3 is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township 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 Township, 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 Township, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
A. 
Users shall provide necessary wastewater treatment as required to comply with this Part 3 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 Township 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 Township for review and shall be acceptable to the Township 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 Township under the provisions of this Part 3. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Township prior to the user's initiation of the changes.
B. 
The Township 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.
C. 
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 3, 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 Township as confidential shall not be transmitted to any governmental agency or to the general public by the Township until and unless a ten-day notification is given to the user, except to the Operating Administrator of the Indiana Borough Sewage Treatment System.
Any wastewater having a temperature which will inhibit biological activity in the public sewer system treatment plant is a prohibited discharge. In no case is wastewater allowed with a temperature at the junction of the public sanitary sewer system which exceeds 40° C. (104° F.) unless the public sanitary sewer system treatment plant is designed to accommodate such temperature.
Upon the promulgation of the federal categorical pretreatment standards for a particular subcategory, the federal standard, if more stringent than limitations imposed under this Part 3 for sources in that subcategory, shall immediately supersede the limitations imposed under this Part 3. The Superintendent for the public sanitary sewer system shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
Any person, firm or corporation who shall violate any provision of this Part 3, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 3 continues or each section of this Part 3 which shall be found to have been violated, after having been notified by Township Supervisors or by the service of a summons in a prosecution or in any other way that he is violating this Part 3, shall constitute a separate offense.
A. 
The Township may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Township, 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, causes interference to the public sanitary sewer system or causes the Township to violate any condition of its NPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. 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 public sanitary sewer system or endangerment to any individuals. The Township shall reinstate the wastewater contribution 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 contribution and the measures taken to prevent any future occurrence shall be submitted to the Township within 15 days of the occurrence.
Any user who violates the following conditions of this Part 3, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of § 235-31 of this Part 3:
A. 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge.
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
D. 
Violation of conditions of the permit.
Whenever the Township finds that any user has violated or is violating this Part 3, wastewater contribution permit or any prohibition, limitation of requirements contained herein, the Township 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 Township by the user.
The Township may order any user who causes or allows an authorized discharge to enter the public sanitary sewer system to show cause before the Township Supervisors why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Township Supervisors regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Township Supervisors why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
The Township Supervisors may themselves conduct the hearing and take the evidence or may designate any of its members or any officer of the Township to:
A. 
Issue, in the name of the Township, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
B. 
Take the evidence.
C. 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Township Supervisors for action thereon.
At any hearing held pursuant to this Part 3, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
After the Township Supervisors have reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other wastes into the Indiana Borough wastewater disposal system contrary to the provisions of this Part 3, federal or state pretreatment requirements or any order of the Borough, the Township Solicitor or the Borough of Indiana Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Indiana County, Pennsylvania.
Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part 3 or wastewater contribution permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 3 shall, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days.