The following words and terms as used in this
chapter shall be construed or defined as follows, unless the context
clearly indicates otherwise:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
ALLOWABLE INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, waterborne waste
or form of energy ejected or escaping from any industrial, manufacturing,
trade, or business process or from the development, recovery, or processing
of natural resources, as distinct from sanitary sewage, which complies
with all provisions of these regulations and which is allowed to be
discharged into the sewer system by the rules and regulations of the
Borough.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
AUTHORITY
The Lititz Sewer Authority, as presently or hereafter constituted, to which has been
referred by said borough the specific project of sewers.
BOROUGH
The Borough of Lititz, Lancaster County, Pennsylvania.
CONNECTION
[Repealed 6-25-1991 by Ord. No. 345, approved 6-25-1991]
CONNECTION FEE
A single charge levied against a property owner for each
physical or actual connection of service line to the municipal sewer
system, which fee is related to the actual costs of physically connecting
the service line to the sewer system and the borough's fees and costs
incurred in inspection of such connection.
[Added 6-25-1991 by Ord. No. 345, approved 6-25-1991]
EQUIVALENT DWELLING UNIT or EDU
The EDU shall be equal to sewage discharge at a rate of 350
gallons of sewage per day, per unit.
[Added 6-25-1991 by Ord. No. 345, approved 6-25-1991]
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b), (c) or (d) of the
Act into the sewage system (including holding tank waste discharged
into the system).
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
INDIVIDUAL DWELLING UNIT
A single-family residence, apartment unit or mobile home
occupied by one or more persons.
[Added 6-25-1991 by Ord. No. 345, approved 6-25-1991]
INDUSTRIAL USER
A source of indirect discharge.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
INDUSTRIAL WASTE
Solids, liquids or gaseous substances or forms of energy
ejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of development, recovering
or processing of natural resources.
[Amended 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
LATERAL SEWER OR SERVICE CONNECTION
That part of the sewer system extending from a sewer to a
curbline or, if there shall be no curbline, to the edge of the right-of-way
of the street abutting property affected, or, if no such lateral shall
be provided, then "lateral sewer or service connection" shall mean
that portion of or place in a sanitary sewer which is provided for
the connection of any service line.
[Added 6-25-1991 by Ord. No. 345, approved 6-25-1991]
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sewage is or may be discharged.
PERSON
Natural persons, partnerships, organizations and corporations.
SERVICE LINE
That part of the main building drain or sewer line extending
from the exterior wall of a building to its connection with the lateral
or service connection.
[Added 6-25-1991 by Ord. No. 345, approved 6-25-1991]
SEWAGE
Household waste, liquids, human or animal excretion and all
substances commonly known as "sewage," but shall not include roof
or surface waters, exhaust steam, oils, tar, grease, gasoline, benzine
or other combustible gases and liquids and offal or insoluble solids
or substances which would impair, impede, affect, interfere with or
endanger the sewer system or any part thereof in any manner whatsoever
or the functioning of the processes of sewage treatment or industrial
waste.
[Amended 11-25-1980 by Ord. No. C-257,
approved 11-25-1980]
SEWAGE SYSTEM or SEWERAGE SYSTEM
All facilities operated by the Borough or the Authority which
are used for collecting, plumbing, transporting, treating or disposing
of sewage and allowable industrial waste. For the purposes of these
regulations, "sewage system" and "sewerage system" shall also include
any sewers that convey wastewaters to the sewerage system from persons
who are, by contract or agreement with the Borough, users of the Borough's
sewerage system.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
SEWER MANAGER
Any person who may from time to time be placed in general
charge of the sewer system by the Borough of Lititz.
SEWER SYSTEM or SEWER COLLECTION SYSTEM
Sewers which convey sewage or industrial waste to the sewage
treatment plant operated by the Borough.
[Amended 11-25-1980 by Ord. No. C-257,
approved 11-25-1980]
SIGNIFICANT INDUSTRIAL USER
Any industrial user that contributes over 25,000 gallons
per day and either:
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
A.
Contributes over 5% of the daily load for BOD, total suspended
solids, ammonia, or total phosphorus; or
B.
Whose discharge composition is such that the Borough determines
it poses risk of upset, bypass, or interference to the sewage system.
SLUG
Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or noncustomary batch discharge, or which could cause a violation of the prohibited discharge standards of §
100-4.1 of these regulations.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
TAPPING FEE
A charge levied against the property owner of each property
connecting to the Borough's sewer system, computed on an equivalent-dwelling-unit
basis as authorized by Act 57 of 2003.
[Added 6-25-1991 by Ord. No. 345, approved 6-25-1991; amended 8-6-2013 by Ord. No. C-527, approved 8-6-2013]
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's sewerage system.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
[Amended 11-25-1980 by Ord. No. C-257,
approved 11-25-1980]
All sewage must be discharged to the sewer system.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
A. All sewage and allowable industrial wastes may be discharged to the
sewerage system except those which the Borough deems harmful to the
system or which are specifically prohibited by this chapter. The Borough
may from time to time amend these rules and regulations to specifically
prohibit certain discharges, and these rules and regulations shall
not be deemed to create any vested rights to any particular discharge.
B. The discharge of stormwater runoff to the sewerage system is prohibited.
No user shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water, drainage from tile fields or unpolluted process waters to any
sanitary sewer.
(1)
All persons connecting occupied buildings to the sewage system
shall provide adequate means for excluding stormwater runoff to any
sanitary sewer.
(2)
No person who connects an occupied building to the sewage system
shall connect any roof drain or foundation drain thereto or permit
any such drains to remain connected to the sewage system, nor shall
he permit, allow or cause to enter into any sanitary sewer any springwater,
or surface water from any other source.
(3)
The provisions of this chapter do not prohibit the present or
future discharge of stormwater runoff to storm sewers or to natural
watercourses within the Borough.
(4)
No sump pumps or roof drains shall be connected to the sewage
system without authorization by the Borough.
C. No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which causes interference
or pass-through. These general prohibitions apply to all such users
of the sewerage system, whether or not the user is subject to National
Categorical Pretreatment Standards or any other national, state, or
local pretreatment standards or pretreatment requirements.
D. Except as otherwise provided in this chapter, no user shall discharge
or cause to be discharged to the sewerage system any sewage, industrial
waste, pollutant or other matter or substance:
(1)
Having a temperature which will inhibit biological activity
in the sewage treatment plant resulting in interference and/or cause
the temperature at the treatment plant to exceed 40° C. Additionally,
no discharge shall exceed 60° C. at the point of public connection.
(2)
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 be injurious in any other way to the sewerage system or to the
operation of the sewage treatment plant, including, but not limited
to, waste streams with a closed-cup flash point of less than 140°
F. or 60° C. using the test methods specified in 40 CFR 261.21.
At no time shall two successive readings on any 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.
(3)
Containing unground garbage with particles greater than 1/2
inch in any dimension.
(4)
Containing solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the sewage treatment plant, such as, but not limited to, ashes, cinders,
spent lime, stone dust, sand, mud, straw, shavings, metals, glass,
rags, grass clippings, feathers, tar, plastics, wood, whole blood,
paunch manure, bentonite, lye, building materials, rubber, asphalt
residues, hair, bones, leather, porcelain, china, ceramic wastes,
polishing wastes, glass grinding or other solid or viscous substances
capable of causing obstruction or other interference with the operation
of the sewerage system.
(5)
Having a pH less than 5.0 or more than 10.5 standard units or
having any corrosive property capable of causing damage or hazard
to structures, equipment, bacterial action or personnel of the sewerage
system.
(6)
Containing toxic or poisonous pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the sewage treatment plant, or to exceed the limitation 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 Act.
(7)
Containing a BOD or total suspended solids concentration of
such character and quantity that unusual attention or expense is required
to handle such materials in the sewage treatment plant.
(8)
Containing any noxious or malodorous liquids, gases, or solids
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for maintenance and repair.
(9)
Containing dye from any source that will not have an effluent
the equivalent of that produced by alum coagulation and chlorination
to remove suspended or colloidal matter and bleach the dissolved dyes.
(10)
Containing radioactive substances and/or isotopes of such half-life
or concentration as may exceed limits in compliance with applicable
state or federal regulations.
(11)
Having a chlorine demand of such quantity that unusual attention
or expense is required to handle such materials at the sewage treatment
plant.
(12)
Prohibited by any permit issued by the Commonwealth of Pennsylvania
or the United States Environmental Protection Agency.
(13)
Containing any substance which will cause the sewage treatment
plant to violate its NPDES permit and/or state permit or the receiving
water quality standards.
(14)
Containing any substance which may cause the sewage treatment
plant's effluent or any other product of the sewage treatment
plant, such as residues, sludges, or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. In no case
shall a substance discharged to the sewerage system cause the sewage
treatment plant to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of
the Act; any criteria, guidelines, or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act;
or state criteria applicable to the sludge management method being
used.
(15)
Containing wastes which are not amenable to biological treatment
or reduction in existing treatment facilities, specifically nonbiogradeable
complex carbon compounds.
(16)
Causing a hazard to human life or public nuisance.
(17)
Containing total solids of such character and quantity that
unusual attention or expense is required to handle such materials
at the sewage treatment plant.
(18)
Containing pollutants, including oxygen-demanding pollutants
(BOD, etc.), released at a flow rate and/or pollutant concentration
which will cause interference to the sewage treatment plant.
(19)
Containing fats, tars, greases, vegetable oil, petroleum oil,
nonbiodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass-through.
(20)
Containing pollutants which result in the presence of toxic
gases, vapors or fumes within the sewerage system in a quantity that
may cause acute worker health and safety problems.
(21)
Containing any trucked or hauled pollutants, except at discharge
points designated by the Borough.
(22)
Containing detergents, surface-active agents, or other substances
which may cause excessive foaming in the sewerage system or may cause
interference or pass through the sewage treatment plant.
(23)
Waste prohibited by federal or Pennsylvania law or regulations,
including the general pretreatment standards (40 CFR, Part 403) and
categorical pretreatment standards.
(24)
Noxious or malodorous liquids, gases, solids, or other wastewater
which.
(25)
Containing concentrations of anions, cations, and other various
objectionable substances in excess of the following local limits,
measured in a representative sample collected at the point of discharge
to the sewerage system:
Parameter
|
Sample Type
|
Daily Maximum Allowable Concentration (Local
Limit)
(mg/L)
|
---|
Ammonia
|
Composite
|
Monitor1
|
Arsenic
|
Composite
|
0.030
|
Biochemical oxygen demand (BOD-5)
|
Composite
|
1,200, monitor1
|
Cadmium
|
Composite
|
0.020
|
Chromium, total
|
Composite
|
1.0
|
Chromium, hexavalent
|
Composite
|
0.10
|
Copper
|
Composite
|
0.050
|
Cyanide
|
Grab
|
0.20
|
Dissolved solids, total (TDS)
|
Composite
|
2,000
|
Flourides
|
Composite
|
1.50
|
Iron
|
Composite
|
5.00
|
Lead
|
Composite
|
0.075
|
Manganese
|
Composite
|
0.50
|
Mercury
|
Composite
|
0.01
|
Molybdenum
|
Composite
|
0.11
|
Nickel
|
Composite
|
0.25
|
Nitrogen, total
|
Composite
|
Monitor1
|
Oil and grease (O&G)
|
Grab
|
100
|
pH
|
Grab
|
5.0 to 10.5 s.u.2
|
Phosphorus, total
|
Composite
|
Monitor1
|
Selenium
|
Composite
|
0.050
|
Silver
|
Composite
|
0.50
|
Suspended solids, total (TSS)
|
Composite
|
Monitor1
|
Temperature
|
Grab
|
40° C. (at headworks)
60° C. (at connection)
|
Zinc
|
Composite
|
0.10
|
NOTES:
|
---|
1
|
Monitor and report. Parameter subject to surcharge fees.
|
2
|
Discharges <6.0 or >9.0 s.u., subject to surcharge fees on
a case-by-case basis.
|
Provided, however, that deviations from the above schedule may
be authorized by the Borough at its sole discretion, upon affirmative
showing, by the person requesting the same, that such deviation will
not be harmful to the sewerage system or the sewage treatment plant
or cause the plant effluent to violate its current NPDES discharge
limitations. For the purpose of this chapter, an allowable deviation
may be granted by the Borough, provided that the corresponding total
loading allocated for each objectionable substance does not exceed
the maximum allowable industrial loading limit. Deviations granted
by the Borough shall be incorporated in the industrial user's
discharge permit. In no event shall a deviation allow a discharge
to occur that is below the federal pH standard of 5.0 s.u.
|
E. If any waters or wastes are discharged, or proposed to be discharged,
to the sewerage system, which waters or wastes contain the substances
or possess the characteristics enumerated and prohibited in this chapter
or which, in the judgment of the Borough, may have a deleterious effect
upon the sewerage system or receiving waters, the Borough may, upon
giving official notice to the discharger:
(2)
Require pretreatment to reduce characteristics to daily maximum
allowable concentrations permitted by this chapter or any other applicable
rules or law.
(3)
Require control over the quantities and rates of discharge.
(4)
Require immediate discontinuance of the waste discharge until
such time as it meets the requirements of this chapter.
F. Grease, oil, and sand interceptors or traps shall be provided where,
in the opinion of the approving authority, they are necessary for
the proper handling of liquid wastes containing grease in excessive
amounts or any flammable wastes, sand, or other harmful ingredients.
All interceptors shall be of a type and capacity acceptable to the
Borough and shall be located as to be readily and easily accessible
for cleaning and inspection. Users having such devices shall submit
annual reports to the Borough that include receipts, manifests, bills
and other proof that these devices are in place and have been properly
maintained.
G. The use of mechanical garbage grinders producing a finely divided
mass, properly flushed with an ample amount of water, shall be permitted
upon the condition that no such mechanical garbage grinder to serve
premises used for commercial purposes shall be installed until permission
for such installation shall have been obtained from the Borough.
H. Where pretreatment or flow-equalizing facilities are provided for
any waters or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner at the owner's expense and
shall be accessible to the Borough for inspection and testing.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
A. Upon the promulgation of the categorical pretreatment standards for
a particular industrial subcategory, the general standard, if more
stringent than limitations imposed under this chapter for sources
in that subcategory, shall immediately supersede the limitations imposed
under this chapter. The Borough shall notify all affected users of
the applicable reporting requirements under 40 CFR 403.12. The categorical
standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471,
are incorporated herein by reference.
B. Modification of Federal Categorical Pretreatment Standards. Where
the Borough's sewage treatment plant achieves consistent removal
of pollutants limited by federal categorical standards, the Borough
may apply to the regulatory authority for modification of specific
limits in the federal categorical standards.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
State requirements and limitations on discharge shall apply
in any case where they are more stringent than federal requirements
and limitations or those in this chapter.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
The Borough reserves the right to establish more-stringent limitations or requirements on discharges to the sewerage system if deemed necessary to comply with the objectives presented in §
100-4.1 of this chapter. Nothing in these rules and regulations shall be deemed to create any vested right in any user to a particular level, amount, concentration, characteristic or type of discharge.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
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 treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards or in
any other pollutant-specific limitation developed by the Borough or
the Commonwealth of Pennsylvania.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
A. Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Borough and from slugs.
Facilities to prevent slugs or accidental discharge of prohibited
materials shall be provided and maintained at the owner's 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. No user who commences contribution to
the sewerage system after the effective date of this chapter shall
be permitted to introduce pollutants into the sewerage system until
slug and accidental discharge procedures have been approved by the
Borough. Review and approval of such plans and operating procedures
shall not relieve the user from the responsibility to modify the user's
facility as necessary to meet the requirements of this chapter. In
the case of an accidental discharge or slug discharge, it is the responsibility
of the user to immediately telephone and notify the Borough of the
incident. The notification shall include the location of the discharge,
type of waste, concentration and volume, and corrective actions.
B. Any user required to develop and implement an accidental spill prevention
and/or slug control plan shall submit a plan which addresses, at a
minimum, the following:
(1)
Description of discharge practices, including nonroutine batch
discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the Borough of any accidental or slug discharges, including any discharge that would violate a prohibition under §
100-4.1, with procedures for follow-up written notification within five days;
(4)
If required by the Borough, procedures to prevent adverse impact
from accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic chemicals
(including solvents), and/or measures and equipment for emergency
response.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
Within five days following an accidental or slug discharge,
the user shall submit to the Borough a detailed written report describing
the cause of the accidental or slug 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 sewerage
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 chapter or other applicable
law.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a dangerous or unauthorized discharge. Employers shall
ensure that all employees who may suffer such a dangerous discharge
to occur are advised of the emergency notification procedure.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
Filter backwash lines shall be discharged to the sewerage system
as follows:
A. Sand filter backwash may be discharged to the sewerage system.
B. Diatomaceous earth filter backwash shall be connected to the sewerage
system through settling tanks with three months' storage capacity
of spent diatomaceous earth, which tanks shall be readily accessible
for removing solid waste for disposal.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
A. The industrial wastes discharged by tank trucks into the sewerage
system shall not contain industrial waste, chemicals, or other matter,
with or without pretreatment, that does not conform to the requirements
of this chapter.
B. Any industrial waste to be discharged from tank trucks shall be disposed
of at the location designated at the sewage treatment plant at the
time or times and at the rate or rates of discharge fixed by the Borough.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
Users shall design, construct, operate and maintain wastewater
pretreatment facilities whenever necessary to reduce or modify the
user's wastewater to achieve compliance with this chapter, national
pretreatment standards, pretreatment requirements, and conditions
or limitations contained in the user's industrial waste discharge
permit, or any sludge limitation imposed by federal, state or local
authorities. The review or approval of pretreatment facility plans,
specifications and operating procedures by the Borough or its consulting
engineer shall not excuse or mitigate any violations by the user of
this chapter or any federal, state or local requirements.
[Added 8-6-2013 by Ord.
No. C-527, approved 8-6-2013]
A significant industrial user ("SIU") may be required by the
Borough to enter into a user agreement. Such user agreement will establish
additional restrictions, surcharges, fees and pretreatment requirements
as deemed necessary by the Borough for the protection of the sewerage
system and to provide for equitable cost sharing between users of
the sewerage system. The user agreement may establish specific sampling
and monitoring requirements for the SIU. An SIU with a user agreement
is subject to pay reasonable administrative, sampling and reporting
fees incurred by the Borough in administering the user agreement.
The Borough shall submit invoices and receipts to the SIU for reimbursement
of such costs by the SIU.
[Amended 4-16-1970 by Ord. No. C-106,
approved 4-16-1970; 11-25-1980 by Ord. No. C-257, approved 11-25-1980]
A. Sampling and reporting.
(1) All those who discharge or desire to discharge industrial
wastes into the sewer system shall fill in and file with the borough
quarterly an industrial wastes report in a form determined by the
borough, which shall furnish pertinent or predicted data inclusive
of quantity of flow and analysis of the character and concentration
of the typical industrial wastes discharged or to be discharged into
the sewer system. Such report shall be based on analysis by an independent
testing laboratory, at the expense of the discharger. The installation,
operation and maintenance of the sewage sampling facilities shall
be the responsibility of the person discharging the industrial wastes
into the sewer system and shall be subject at all times to the approval
of the Borough Council or its sewer system engineer. Access to the
sewage sampling location or locations shall be available to the Borough
Council or its duly authorized representatives at all times. Due care
shall be exercised in the collection and preservation of all samples
to ensure the preservation of the sample in as nearly its natural
state as possible, including the refrigeration of all samples which
will be analyzed by biochemical methods.
(2) An authorized representative of the borough may require
a user of sewer services to provide information needed to determine
compliance with this Article or other applicable local, state or federal
laws, rules or regulations. This information may include:
(a)
Wastewater discharge peak rate and volume over
a specified time period.
(b)
Laboratory analyses of wastewaters.
(c)
Information on raw materials, processes and
products affecting wastewater volume and quality.
(d)
Quantity and disposition of specific liquid,
sludge, oil, solvent or other materials important to sewer use control.
(e)
A plot plan of sewers on the user's property
showing sewer and pretreatment facility locations.
(f)
Details of wastewater pretreatment facilities.
(g)
Details of systems to prevent and control the
losses of materials through spills to the municipal sewer.
B. Peak flows. No discharger of industrial waste shall
discharge such waste at an instantaneous peak rate higher than twice
the average daily rate of discharge.
C. Powers and authority of inspectors.
(1) Duly authorized employees of the borough, bearing
proper credentials and identification, shall be permitted to enter
all properties for the purposes of inspection, observation, measurement,
sampling and testing pertinent to discharge to the sewer system.
(2) Duly authorized employees of the borough are authorized
to obtain information concerning industrial processes resulting in
industrial waste. The industry may withhold information if the industry
establishes to the satisfaction of the borough that the revelation
to the public of the information in question would result in an advantage
to competitors.
(3) While performing the necessary work on private properties,
duly authorized employees of the borough shall observe all safety
rules applicable to the premises established by the owner, and the
owner shall be held harmless for injury or death to the borough employees,
and the borough shall indemnify the owner against loss or damage to
its property by borough employees and against liability claims and
demands for personal injury or property damage asserted against the
owner and growing out of the gauging and sampling operation, except
as such may be caused by negligence or failure of the owner to maintain
safe conditions. For the purpose of this section, the term "owner"
is defined to mean and include the lawful owner of the premises, the
operator of any lawful business on the premises, the tenant, lessee
and any other person lawfully occupying the premises by and with the
consent and permission of the owner.
(4) Duly authorized employees of the borough, bearing
proper credentials and identification, shall be permitted to enter
all private properties through which the borough holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling repair and maintenance of any portion of the
sewer system lying within said easement.
No connections shall be made to the sewer system
except by a plumber duly registered and licensed by the borough and
in the manner and of such materials as are approved of by the sewer
manager or his duly appointed deputy or assistant and in compliance
with the rules and regulations prescribed by existing ordinances or
as may otherwise be required by law.
[Amended 5-31-2005 by Ord. No. C-466,
approved 5-31-2005]
Where the building connected to the sewer system
is used, in whole or in part, for preparation or serving of food to
the public, including, but not limited to, eating houses, restaurants,
nursing homes, hotels, drugstores, bars and saloons, there shall be
installed in each connection a grease interceptor or trap.
A. Installation plans and specifications for proposed
oil and grease interceptor systems shall be submitted to the Borough
prior to the start of installation. Installation shall not be started
until approval of the system has been obtained from the Borough.
B. Owners of said facilities shall, at their expense,
provide a written inspection and cleaning report of the grease trap/interceptor
by a properly licensed professional. This annual report shall be submitted
to the Borough on or before the anniversary date of the Borough's
approval of the system. The owner shall also self-monitor the system
on an ongoing basis to assure its proper operation.
Each separate occupied building shall be provided
with an independent connection with the sewer system and two or more
occupied buildings shall not be permitted to discharge into the building
lateral connecting any property with the sewer system except with
the consent of the borough.
Any person who erects, constructs or maintains
a privy, cesspool, sinkhole or septic tank on any property accessible
to the sewer system shall be deemed and shall be declared to be erecting,
constructing and maintaining a nuisance, which nuisance the borough
may abate in the manner provided by law.
[Amended 10-31-1978 by Ord. No. C-224, approved 10-31-1978; 11-25-1980 by Ord.
No. C-257, approved 11-25-1980; 8-6-2013 by Ord. No.
C-527, approved 8-6-2013]
A. Any person, firm or corporation (whether owner, occupier, plumber
or other responsible person, firm or corporation) who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not less than $100 nor more than $1,000 per offense,
plus costs of prosecution, and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Every
day that a violation of this article continues shall constitute a
separate offense. If such violation shall not be corrected within
10 days after notice from the Borough served on the property owner,
the Borough may either:
(1) Enter upon the property and correct the defect or make the necessary
connection and charge the cost thereof against the owner or owners
of the property and collect the same by lien or suit;
(2) Take legal action to compel the owner or owners or occupier or occupiers
to correct the defect or make any required connection;
(3) Enter upon the property and shut off sewer and/or water service and
restore the same only upon payment of the cost of shutting off and
restoring service and of any work done by the Borough; or
(4) Pursue any or all of its remedies cumulatively.
B. Any party aggrieved by an "adjudication," as that term is defined
in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., may
request a hearing before the Borough Council if no other hearing procedure
exists. The request shall be in writing, shall reasonably describe
the decision, determination, ruling or other adjudication in question
and the basis for disagreement with it, shall be signed by the person
or persons aggrieved and contain the addresses and telephone numbers
of the persons claiming to be aggrieved and shall be filed with the
Borough Manager. The request shall be filed within 30 days of the
date the party knew or reasonably should have first known himself
or herself to be aggrieved. The Council shall schedule a hearing and
give reasonable notice thereof to all persons who have requested a
hearing. The procedure shall thereafter be in accordance with the
Local Agency Law.
C. If any waters or wastes are discharged, or are proposed to be discharged, to the sewer system which contain the substances or possess the characteristics enumerated in §§
100-4.1 through 100-4.12 or which, in the judgment of the Borough, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Borough may:
(2) Require pretreatment to an acceptable condition for discharge to
the system;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges.
D. Any person who violates any provision of this article shall be liable
to the Borough for any expense, loss, damage, fine or penalty occasioned
because of such violation.