A.
Purpose and policy.
(1)
These rules and regulations set forth the terms and conditions of service for the use of the publicly owned treatment works (POTW) of the Borough of Jersey Shore. Sewer connection charges and sewer rentals or charges for sewage services will be adopted and revised, as necessary, and published as a separate schedule of rates.
(2)
The objectives of these rules and regulations are:
(a)
To establish terms and conditions for the use of the POTW of the Borough of Jersey Shore and of the sewer services of the Borough of Jersey Shore, to provide for the enforcement of these rules and regulations and to provide for the adoption of sewer connection charges and sewer rentals or charges for the use of the POTW.
(b)
To enable the Borough of Jersey Shore to comply with all applicable state and federal regulations required by the Federal Water Pollution Control Act of 1972 as amended by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR 403) or any subsequent amendments or revisions.
(c)
To protect the publicly owned treatment works (POTW) of the Borough of Jersey Shore from the introduction of wastes and pollutants which would damage or interfere with the operation of the works, including the processes of the treatment works, would contaminate sludges resulting from the wastewater treatment processes in such a way as to impair the disposal, recycling or reuse of such sludges, would pass through the works inadequately treated into the West Branch of the Susquehanna River, or would in any other way be incompatible with the works.
(d)
To provide for the regulation of all direct and indirect users of the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users, and to authorize monitoring and enforcement activities, and require user reporting.
B. ACT or THE ACT APPROVAL AUTHORITY AUTHORIZED AGENT OF THE OWNER AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER(1) (2) (3) BIOCHEMICAL OXYGEN DEMAND (BOD) BOROUGH BUILDING SEWER CATEGORICAL STANDARDS COMPOSITE SAMPLE COOLING WATER ENVIRONMENTAL PROTECTIVE AGENCY or EPA GRAB SAMPLE HOLDING TANK WASTE INDIRECT DISCHARGE INTERFERENCE MAJOR CONTRIBUTING INDUSTRY(1) (2) (3) (4) NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD NEW SOURCE NONDOMESTIC DISCHARGE NONDOMESTIC USER NONDOMESTIC WASTE OWNER PERSON pH POLLUTANT PRETREATMENT or TREATMENT PRETREATMENT REQUIREMENTS PUBLICLY OWNED TREATMENT WORKS (POTW) or SEWER SYSTEM POTW TREATMENT PLANT SANITARY SEWAGE or DOMESTIC WASTE SEWER SYSTEM SHALL STATE STANDARD INDUSTRIAL CLASSIFICATION (SIC) STORMWATER SUSPENDED SOLIDS TOXIC POLLUTANT USER WASTEWATER
Definitions. The following terms shall have the meanings specified unless the context clearly otherwise requires:
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. or any subsequent amendments or revisions.
The director in a NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
Any person authorized to act for the owner of a property as evidenced by a power of attorney, or other instrument satisfactory to the Authority.
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
A duly authorized representative of the aforesaid individuals designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as specified in Method 507 of Standard Methods, 15th Ed. (1980), American Public Health Assoc. et al., five days at 20° C. expressed in terms of weight and concentration (milligrams per liter (mg/l).
Borough of Jersey Shore.
A sewer conveying wastewater from the premises of a user to the POTW.
National Categorical Pretreatment Standards or pretreatment standard.
A combination of individual samples obtained at regular intervals or time period. Either the volume of each individual samples is directly proportional to discharge flow rate or the sampling interval (for constant volumes of sample) is directly proportional to the rate of the flow over the time period used to produce the composite.
The water discharge from any use, such as air conditioning, cooling or refrigeration, for which the only pollutant added is heat.
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.
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).
The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Borough's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Part 405 of the 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 POTW.
Any industry that:
Has a discharge of 25,000 gallons or more per average workday to the POTW;
Has a discharge greater than 5% of the flow to the particular POTW treatment plant receiving the wastewater;
Has in its wastewater a toxic pollutant in toxic amounts as defined in standards issued under § 307(a), (b) and (c) of the Act; or
Has significant impact, either singly or in combination with other contributing nondomestic dischargers on the POTW or the quality of its effluent or resulting sludges, or air emissions generated by the POTW.
Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 405, as may be amended and revised.
A permit issued pursuant to § 402 of Act (33 U.S.C. § 1342).
Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403, as may be amended and revised.
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
Any nondomestic waste discharged to the sewer system.
A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
Any waterborne pollutant or waste (gaseous, liquid or solid) from industrial processes or commercial establishments or other sources as distinct from sanitary sewage.
All persons who are the owners of record of any property which is or may be connected to the POTW.
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 and the singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alternation can be obtained by physical or biological processes, or process changes or other means, except as prohibited by 40 CFR 403.
Any substantive or procedural requirement related to a pretreatment, other than a National Pretreatment Standard imposed on a nondomestic user.
A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the Borough. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of these rules and regulations, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough's POTW.
That portion of the POTW designed to provide treatment to wastewater.
The normal waterborne household and toilet wastes from residences, business buildings, institutions, industries and commercial establishments.
See "POTW."
Is mandatory; "may" is permissive.
Commonwealth of Pennsylvania.
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
The total suspended matter that floats on the surface of, is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering, using Method 209D found in "Standard Methods," 15th Ed. (1980), American Public Health Association et al.
Any pollutant or combination of pollutants listed as toxic in any regulation promulgated under the provisions of the Act.
Any person who contributes, causes or permits the contribution of wastewater into the POTW of the Borough.
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, institutions, or any other establishment or source together with any ground water, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
C.
Abbreviations. The following abbreviations shall have the designated meanings:
BOD | Biochemical Oxygen Demand | |
CFR | Code of Federal Regulations | |
COD | Chemical Oxygen Demand | |
EPA | Environmental Protection Agency | |
l | Liter | |
mg | Milligrams | |
mg/l | Milligrams per liter | |
NPDES | National Pollutant Discharge Elimination System | |
POTW | Publicly Owned Treatment Works | |
SIC | Standard Industrial Classification | |
SWDA | Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq. | |
USC | United States Code | |
TSS | Total Suspended Solids |
D.
Application for service connection and sewer connection.
(1)
The Borough shall only recognize requests for sewer service or connection to the sewer system from the owner of the property to be served. Applications will be granted for service by the Borough only after the Borough determines that all Borough rules and regulations have been met. This section shall not apply to properties located in Porter Township.
(2)
Any owner desiring sewer service shall make a written application on the form furnished by the Borough. The application shall be made at least one week before service is required for domestic service, and any nondomestic services not having a potential nondomestic process discharge subject to the provisions of § 240-13. If the Borough determines that the applicant's discharge is subject to the provisions of § 240-13 hereof, the applicant must then file a nondomestic waste discharge questionnaire and application for a nondomestic waste discharge permit as provided in § 240-13. The Borough shall require an applicant for such a nondomestic waste discharge permit to submit the application up to 60 days prior to the requested date of connection and/or discharge to the sewer system. Each application must afford evidence as to the source of water supply. The application for sewer service must be signed by the owner of the property to be serviced and shall, together with the rules and regulations of the Borough, regulate and control the sewer service to the property. The owner shall be responsible for the payment of all bills for sewer service rendered by the Borough. This section shall not apply to properties located in Porter Township.
(3)
Any owner desiring a new connection (or tap) to the sewer system shall make written application to the Borough; provided, that an application for service has been made as required in Subsection D(2). The owner shall furnish information requested by the Borough including location, property description, and exact time when the installation is desired to be ready for inspection by the Borough. The Borough shall not authorize the actual connection to the sewer system until the application for connection has been signed by the owner and payment of a connection charge has been made. This section shall not apply to properties located in Porter Township.
(4)
All connections to the sewer system and the installation of all sewer laterals from the main to the point of connection with plumbing or other discharge facilities shall conform with all applicable Borough codes. All such work shall be inspected by a representative of the Borough prior to backfilling operations, and should work be found to be deficient in any respect, it shall be removed and replaced in a proper manner. No stormwater drain, down spouts or any other source of clean water not containing domestic wastewater or any prohibited wastewater constituents as detailed in § 240-12, or any discharge of wastewater not defined in the application for service shall be permitted to be connected to the sewer lateral or in any other manner allowed to be discharged to the sewer system.
(5)
No owner or user of any property serviced by the sewer system shall extend sewer laterals or in any way permit or cause additional properties, dwelling units, processes, wastewater sources or storm or nonwastewater discharge sources to be connected to the sewer system except as represented on an application for sewer service described in Subsection D(2).
E.
Vacating the premises and change of ownership.
(1)
Where the Borough is billing sewer service charges predicated solely on the consumption of water, the owner must give notice at the office of the Borough when vacating the premises. The sewer service charge will continue in effect until such notice has been given to the Borough and water service terminated. Where the owner is billed for sewer service on the basis of actual water discharged to the sewer system, the sewer service charge will continue in effect until notice of vacating the property has been given to the Borough and the Borough has verified the cessation of discharge.
(2)
For multiple occupancy properties, the Borough shall bill the owner on the basis that all units are continuously occupied. If any unit in the property whose water usage is not measured by an individual meter should become vacant for one month or longer within a billing period, the owner or his authorized agent may, upon producing proof satisfactory to the Borough, have the established minimum rate reduced in proportion to the period of vacancy for that billing period. It shall be the sole responsibility of the owner to notify the Borough and to establish proof of such vacancies each billing period.
F.
Extensions of sewer system mains.
(1)
When application has been received for sewer service which requires an extension of a sewer system main in order that service connections can be provided, the Borough will make extensions either:
(a)
By requiring from any owner making application, a deposit covering the entire estimated cost of extension. Upon completion of the work and when all the costs are known, the owner will be refunded any excess deposit made; no other refunds will be made. If the deposit is deficient, then the owner shall pay the difference to the Borough before any discharge to the extension shall be permitted.
(b)
By assessing properties the evaluated costs on the basis of foot front benefits according to plans and costs approved by the Borough, the Borough retaining the right to evaluate benefits in determining the amounts assessed.
[1]
When extensions are made on streets where properties face such streets and all the benefits are assessable to such properties on both sides of the street, then the estimated cost per foot is determined by dividing the overall lineal foot length of extension into the total estimated cost of the extension, then those properties will be assessed the lineal foot front cost for the footage of each property benefited.
[2]
If properties on only one side of street are benefited (because properties on the other side of street are the rear of property that face on another street and they receive benefits from the street they face), then benefits on cost per lineal foot (and not 1/2 the costs) are assessable for the frontage of each property benefited for the extensions made.
(2)
The total estimated costs of any extension will include items such as pipe, wye branches, manholes, covers, costs of resurfacing of pavement disturbed, or street permits, trench excavation, installing, backfilling, inspection, engineering, etc., in arriving at the lineal foot cost.
(3)
All extensions of sewer system mains shall be sized by the Borough, the minimum size being eight inches. If any sewer size is to be increased to benefit the Borough, then the increased cost of pipe over that required by the extension will be at the expense of the Borough; additionally, if the size of pipe is larger than 12 inches, then the increased cost of both pipe and increased cost of installation over that required by the extension will be at the expense of the Borough.
(4)
All extensions of sewer system mains will, upon completion, become the property of the Borough.
G.
Sewer service lines.
(1)
The owner shall be responsible for all maintenance and repairs of the sewer service line between the main sewer and the point of connection with plumbing or other discharge facilities.
(2)
The Borough will not approve any sewer service line which passes over or through premises which may be the property of persons other than the owner of the premises to be supplied, unless the owner of the premises supplied assumes all liability.
(3)
All sewer service lines installed shall conform to the Borough Codes as to size, material, type of joints and installation requirements and shall be laid to line and grade as required by the Borough. The Borough reserves the right to require the installation of a monitoring manhole where the service has the potential to convey nondomestic discharges.
H.
Interceptors, screens and equalization tanks.
(1)
Interceptors for greases, oils and sediments shall be provided on all services draining from restaurants, hotels and public eating places. Additionally, interceptors, screens, and/or equalization tanks may be required on any service laterals where so directed by the Borough for the proper handling of liquid wastes containing greases in excessive amounts or any flammable wastes, sediments, viscous substances or other harmful ingredients.
(2)
All interceptors shall be of a type and capacity approved by the Borough and shall be located under cover and so as to be readily and easily accessible for cleaning and inspection. Interceptors shall not be located so as to receive rainwater or unpolluted runoff.
(3)
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
(4)
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Interceptors shall be cleaned at least once a week.
(5)
Failure by the owner to properly clean and maintain these units shall be considered sufficient cause for termination of sewer service as provided for in these rules and regulations.
I.
General discharge prohibitions. The Borough reserves the right to refuse connection to its sewer system as well as the right to compel the discontinuation of the use of such system, or to require the pretreatment of nondomestic wastes by any user of any wastewater containing pollutants or wastes prohibited or limited by § 240-12 of these rules and regulations.
J.
Falsifying information. No person shall knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to these rules and regulations, or nondomestic waste discharge permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under these rules and regulations.