Unless the context specifically indicates otherwise,
the meanings of the terms used in this article shall be as follows:
The quantity of oxygen, expressed in milligrams per liter,
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure for five days at 20° C. The standard laboratory
procedure shall be that found in the latest edition of Standard Methods
for the Examination of Water and Sewage, published by the American
Health Association, and in accordance with procedures established
by the Environmental Protection Agency (EPA) pursuant to Section 204(g)
of the Clean Water Act and contained in 40 CFR 136, as amended.
The Borough of Milton.
The group of elected officials acting as the governing body
of the Borough.
Any solid waste from the domestic and/or commercial preparation,
cooking and dispensing of food and from the handling, storage or sale
of produce or other food material.
Any solid, liquid or gaseous substance or form of energy
rejected 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.
The liquid and water-carried industrial and domestic waste
from dwellings, commercial buildings, industrial facilities and institutions,
together with whatever may be present, whether treated or pretreated,
at the point it enters the POTW treatment plant.
An inhibition or disruption of the publicly owned treatment
works (POTW), its treatment processes or operations or its sludge
processes, use or disposal, which is a cause of, either alone or in
conjunction with other discharges, or significantly contributes to
either a violation of any requirements of the POTW's NPDES permit
or to the prevention of sewage use or disposal by the POTW in accordance
with statutory provisions of and regulations of or permits issued
under Section 405 of the Clean Water Act, as amended, the Solid Waste
Disposal Act, the Clean Air Act and the Toxic Substance Control Act.
Milligrams per liter.
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency in accordance
with Section 307(b) and (c) of the Federal Water Pollution Control
Act, which applies to a specific category of industrial users.
A permit issued pursuant to Section 402 of the Clean Water
Act.
Operation and maintenance.
The discharge of pollutants through the POTW into navigable
waters in quantities or concentration which is a cause of, either
alone or in conjunction with other discharges, or significantly contributes
to a violation of any requirement of the POTW's NPDES permit.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the hydrogen-ion concentration
expressed in molecules per liter.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological material,
radioactive material, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural discharge
into water.
That portion of the POTW designated to provide treatment
to wastewater.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in the public sewers, with no particle greater than 1/2
inch in any dimension.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions, commercial and industrial
establishments.
All facilities for collecting, treating and disposing of
sewage.
Any discharge of water, sewage or waste in which the concentration
of any constituent or quantity of flow is greater than five times
that of the twenty-four-hour discharge from one person, which is discharged
continuously for a period longer than 15 minutes.
Solids that either float on the surface of or in suspension
in the water, sewage or other liquids and which are removable by laboratory
filtration.
That material, expressed in mg/l, which remains in a standard
laboratory vessel after evaporation of a sample of waste and its subsequent
drying in an oven at a temperature of 103° C.
Any poisonous substance.
Any individual, firm, company, association, society, corporation
or group excluding residential.
A.
Treatment of industrial wastes. The economy and desirability
of the combined treatment of industrial wastes and sanitary sewage
is recognized. However, not all types or quantities of industrial
wastes can be so treated. Hence, it shall be the established policy
of the Borough of Milton to admit those types and quantities of industrial
wastes that are not harmful or damaging to the structures, processes
or operation of the sewage works or are not specifically prohibited
by this article. It is also recognized that to provide this service
additional facilities may be required, and if so, the cost of which
must be borne by those persons receiving its benefits.
B.
Approval required for industrial wastes. In order
to control the admission of industrial wastes, the discharge into
the public sewers of any waters or wastes having any of the following
shall be subject to the review and approval of the Borough Council:
(1)
A five-day twenty-degree-centigrade BOD greater than
350 mg/l;
(2)
A suspended solids content greater than 300 mg/l;
(3)
A chlorine demand greater than five mg/l;
(4)
An average daily flow greater than 1% of the average
daily sewage flow at the sewage treatment works; or
(5)
Any toxic substance.
C.
Pretreatment.
(1)
Where required in the opinion of the Borough Council,
the owner shall provide at his expense such preliminary treatment
or handling as may be necessary to:
(a)
Reduce BOD to 350 mg/l and suspended solids
to 300 mg/l;
(b)
Modify the objectionable characteristics of constituents to come within the maximum limits provided for in § 197-17C(9); or
(c)
Control the quantities and rates of discharge
of such waters or wastes over a twenty-four-hour day and a seven-day
week.
(2)
Plans, specifications and any other pertinent information
relating to proposed preliminary treatment or handling facilities
shall be submitted for the approval of the Borough Council, and no
construction of such facilities shall be commenced until approval
is obtained in writing.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water or unpolluted industrial or commercial process
water into any sanitary sewer.
B.
Stormwater, surface drainage and unpolluted waters
shall be admitted to only such sewers as are specifically designated
as combined sewers, storm sewers or storm drains. Unpolluted process
and cooling waters may, on written application and approval by the
Borough Manager, be discharged to storm sewers or storm drains.
C.
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described wastes or
waters to any public sewer:
(1)
Any liquid or vapor having a temperature higher than
150° F. or which will cause the influent to the POTW treatment
plant to exceed 104° F.
(2)
Any water or waste containing more than 100 mg/l by
weight of fats, waxes, oils or greases.
(3)
Any liquids, solids or gases which by reason of their
nature or quality may cause fire or explosion or be in any other way
injurious to persons, to the sewage works structures or to the operation
of these works.
(4)
Any noxious or malodorous gas or substance which,
either singly or by interaction with other wastes, is capable of creating
a public nuisance or hazard to life or preventing entry into sewers
for their maintenance and repair.
(5)
Any garbage that does not conform to the definition
of properly shredded garbage.
(6)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, bones, feathers, tires, plastic, wood, paunch manure or butcher's
offal or any other solids or viscous substances capable of causing
obstruction to the flow in sewers or other interference with the proper
operation of the sewerage system or the sewage treatment works.
(7)
Any water or waste having a pH lower than six point
zero (6.0) or higher than nine point zero (9.0) or having any corrosive
property capable of causing damage or hazards to structures, equipment
or personnel of the sewage works.
(8)
Any water or waste containing any toxic substances
in quantities sufficient to interfere with the biochemical processes
of the sewage works or that will pass through the sewage treatment
works and exceed the state or interstate requirements for the receiving
stream.
(9)
Any water or waste containing concentrations of any
of the following substances higher than the limits as shown:
[Amended 6-23-1994 by Ord. No. 1052]
|
Pollutant
|
Concentration
(mg/l)
|
|---|---|
|
Arsenic
|
0.1667
|
|
Cadmium
|
1.7415
|
|
Chromium
|
2.5925
|
|
Copper
|
2.9240
|
|
Cyanide
|
0.1939
|
|
Lead
|
0.2786
|
|
Mercury
|
0.1650
|
|
Nickel
|
1.6988
|
|
Phenols
|
98.1257
|
|
Silver
|
0.4571
|
|
Zinc
|
1.8471
|
(10)
Any water or waste containing suspended solids
of such character and quantity that unusual attention or expense is
required to handle such materials at the sewage treatment plant.
(11)
Any toxic radioactive isotopes, without special
permit.
(12)
Any pollutants, including oxygen-demanding pollutants,
and/or concentration such as to cause interference and/or pass through
at the POTW. In no case shall any water or waste be discharged in
concentration or in quantities of flow so as to constitute a slug.
(13)
Any substance which will cause the sewage treatment
plant to violate its NPDES permit or water quality standards.
D.
No statement contained in this section shall be construed as prohibiting any special agreement or arrangement between the Borough and any person whereby an industrial waste of unusual strength or character may be admitted into the sanitary sewers or treatment by the Borough either before or after pretreatment. In no event shall this special agreement permit any person discharging industrial waste to violate the general pretreatment regulations promulgated in 40 CFR 403, the National Categorical Pretreatment Standards as such may be promulgated (see Subsection E) or state law.
E.
Upon the promulgation of the National Categorical
Pretreatment Standards for a particular industrial subcategory, the
National Standard, if more stringent than limitations imposed under
this article, as amended, for sources in that subcategory, shall immediately
supersede the limitations imposed under this article, as amended,
and shall immediately apply to those persons in that subcategory.
F.
The aforesaid notwithstanding state requirements and
limitations on discharges shall apply in any case where they are more
stringent than federal requirements and limitations or those imposed
under this article, as amended.
G.
No persons shall 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 National Categorical Pretreatment Standards or in
any other pollutant-specific limitation developed by the Borough or
state.
A.
Wastewater dischargers. It shall be unlawful to discharge
without a Borough permit to any natural outlet within the Borough
of Milton or in any area under the jurisdiction of said Borough and/or
to the POTW any wastewater except as authorized by the Borough of
Milton in accordance with the provisions of this article.
B.
Wastewater contribution permits.
(1)
General permits. All users proposing to connect to
or to contribute to the POTW shall obtain a wastewater discharge permit
before connecting to or contributing to the POTW. All existing users
connected to or contributing to the POTW shall obtain a wastewater
contribution permit within 90 days after the effective date of this
chapter.
(2)
Permit application.
(a)
Users required to obtain a wastewater contribution
permit shall complete and file with the Borough of Milton an application
in the form prescribed by the Borough and accompanied by a fee of
$100. Existing users shall apply for a wastewater contribution permit
within 30 days after the effective date of this chapter; and proposed
new users shall apply at least 90 days prior to connecting to or contributing
to the POTW. In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
[1]
The name, address and location (if different
from the address).
[2]
The 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 any other section
of this article as determined by a reliable analytical laboratory.
Sampling and analysis shall be performed in accordance with procedures
established by the EPA pursuant to Section 204(g) of the Act and contained
in 40 CFR 136, as amended.
[4]
The time and duration of contribution.
[5]
The 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]
Descriptions of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
[8]
The nature and concentration of any pollutants
in the discharge which are limited by any Borough, 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 by the applicable 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]
Completion of any increment referred
to in Subsection B(2)(a)[9][a] shall not 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 Borough, 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, potential impact
on final compliance 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 Borough.
Such notification shall not relieve the user of fines, penalties and
other legal remedies under this article.
[10]
Each product produced, by type,
amount, process or processes and rate of production.
[11]
The type and amount of raw materials
processed (average and maximum per day).
[12]
The number and type of employees
and hours of operation of the plant and proposed or actual hours of
operation of the pretreatment system.
[13]
Any other information as may be
deemed by the Borough of Milton to be necessary to evaluate the permit
application.
(b)
All reports required shall be signed by a principle
executive officer of the user or his/her designee.
(c)
The Borough of Milton 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 the terms and conditions
provided herein.
(3)
Permit modifications. 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 B(2), the user shall apply for a wastewater contribution permit within 90 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 Borough of Milton, within 90 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by Subsection B(2)(h) and (i).
(4)
Permit conditions. Wastewater discharge permits shall
be expressly subject to all provisions of this article and all other
applicable regulations, user charges and fees established by the Borough
of Milton. 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
constituent 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.
(h)
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the Borough
of Milton, and affording the Borough access thereto.
(i)
Requirements for notification to the Borough
of Milton 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 slug discharges.
(k)
Requirements for a spill prevention plan as
specified by the Borough.
(l)
Other conditions as deemed appropriate by the
Borough of Milton to ensure compliance with this article.
(5)
Permit duration. 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 90 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
of Milton during the term of the permit as limitations or requirements
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.
(6)
Permit transfer. 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 person,
new user, different premises or a new or changed operation without
the approval of the Borough of Milton. Any succeeding owner or user
shall also comply with the terms and conditions of the existing permit.
C.
Reporting requirements for permittee.
(1)
Compliance date report. Within 90 days following the
date for final compliance with applicable pretreatment standards or,
in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit to the Borough of Milton a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow from these
process units in the user facility which are limited by such pretreatment
standards or requirements. The report shall state whether the applicable
pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional O & M and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
D.
Extension of time. When, due to the size or complexity of the waste disposal problem of an industry, it can be shown that it is impractical to meet the schedule imposed by Subsection B(2) a request for an extension of time may be presented to the Borough Council.
E.
Control structure.
(1)
Any person discharging industrial wastes into the
sewerage system shall construct and maintain a suitable control structure
or structures downstream from any treatment, storage or other approved
works to facilitate observation, measurement and sampling of all wastes,
including domestic sewage from the person.
(2)
The control structure(s) shall be constructed at a
site(s) and in a manner as approved by the Borough Council.
(3)
The Borough Council may require that control structure(s)
be equipped with permanent-type flow measuring, sampling, monitoring,
controlling or other devices of a type approved by the Borough Council.
The control structure and all required devices shall be installed
by the person discharging waste, at his expense, and shall be maintained
by him so as to be safe, accessible and in proper operating conditions
at all times. The Borough Council may, from time to time, require
that metering and all other required devices be calibrated for accuracy
at the expense of the person discharging wastes.
(4)
Plans and specifications for the construction of control
structure(s) and all required devices shall be submitted to and approved
by the Borough Council prior to the beginning of construction.
F.
Measurement of flows.
(1)
The volume of flow used in computing surcharges shall be the volume recorded on the metering device(s) as required in Subsection E, if said metering devices are a continuously recording type. Where metering device(s) are not required or are not a continuously recording type, the following shall apply. The volume of flow used in computing surcharges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Pennsylvania American Water Company.
(2)
Where the person discharging wastes into the sewer
system of the Borough procures any part or all of his water supply
from sources other than the Pennsylvania American Water Company, all
or part of which is discharged into the sewer system, the person discharging
said waste shall install and maintain at his expense water meters
of a type approved by the Borough Council for the purpose of determining
the proper volume of flow to be used.
G.
Provision for reduction. In the event that a person
discharging industrial wastes into the sewer system produces evidence
satisfactory to the Borough Council that more than 10% of the total
annual volume of water used for all purposes during any quarter billing
period of the calendar year does not reach the sewer system, then
the determination of the total water consumption to be used in determining
the industrial wastes discharged into said sewer may be agreed upon
between the Borough Council and the person.
H.
Sewage sampling. The industrial wastes of each person
discharging the same into the sewerage system shall be subject to
periodic inspection and determination of character and concentration
of said wastes. These determinations shall be made as often as may
be deemed necessary by the Borough Council or its authorized assistants.
A report of the determinations shall be submitted to the Borough Council
in a format and at a frequency as prescribed by the Borough Council.
I.
Analysis. The methods used in the collection and examination
of all industrial waste shall be those set forth in the federal regulation
40 CFR 136, as amended.
J.
Subsection H notwithstanding, the Borough shall require those persons subject to the National Categorical Pretreatment Standards, as such may be promulgated, to submit the following reports to the Borough as a condition of the continuation of the permit:
(1)
Baseline report. Within 90 days after the effective
date of a Categorical Pretreatment Standard, a report which contains
the following information shall be submitted:
(a)
The name, address and standard industrial classification
number of the facility.
(b)
A list of any environmental control permits
held by or for the facility.
(c)
A brief description of the nature and average
rate of production carried out by the facility, including a schematic
process diagram which indicates sewer connections to the Borough's
sewer system.
(d)
The average daily and maximum daily flow of
waste discharged by the facility.
(e)
The nature and concentration (daily maximum
and average) of any pollutants in the discharge which are limited
by the Borough, state or Federal Pretreatment Standards. All sampling
and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR 136, as such may be amended.
(f)
The time, date and place of sampling, methods
of analysis and a certification that such sampling and analysis is
representative of normal work cycles and expected discharges.
(g)
A statement regarding whether or not the pretreatment
standards are being met on a consistent basis, and if not, whether
additional pretreatment and maintenance (O & M) and/or additional
pretreatment is required to meet applicable pretreatment standards.
(h)
If additional pretreatment and/or O & M
will be required to meet the pretreatment standards, the shortest
schedule by which will be provided such additional pretreatment. The
completion data in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. 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 standards (e.g., hiring an
engineer, completing preliminary plans, completing final plans, executing
a contract for major components, commencing construction, completing
construction, etc.). No increment shall exceed nine months.
(2)
Compliance schedule progress report. No later than 14 days following each date in the schedule mentioned in Subsection J(1)(h) of this section, as well as the final date for compliance, a progress report, which includes as a minimum whether or not the facility complied with the increments 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 to return the construction to the schedule established shall be submitted. In no event shall more than nine months elapse between such progress reports.
(3)
Compliance report on Categorical Pretreatment Standards
deadlines. Within 90 days following the date for compliance with the
applicable Categorical Pretreatment Standards or, in the case of a
new discharger, following commencement of the discharge into the Borough's
sewer system, a report indicating the nature and concentration of
all pollutants in the discharge from the regulated process which are
limited by pretreatment standards or requirements shall be submitted.
The report shall state whether the applicable pretreatment standards
or requirements are being met on a consistent basis and, if not, what
additional O & M and/or pretreatment is necessary to bring about
compliance with the applicable pretreatment standards or requirements.
(4)
Periodic compliance reports. Unless required more frequently in the pretreatment standards or by the Borough, any person subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a discharger, after commencement of the discharge shall submit to the Borough during the months of June and December 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 Subsection J(1)(d) of this section. At the discretion of the Borough and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Borough may agree to alter the months during which the above reports are to be submitted.
(5)
Accidental discharge protection. Users shall provide
protection from accidental discharge of prohibited materials or other
substances regulated by this article. Facilities to prevent 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. All existing users shall
complete such plan by January 1, 1989. No user who commences contribution
to the POTW after the effective date of this article shall be permitted
to introduce pollutants into the system until accidental discharge
procedures have been approved by the Borough. Review and approval
of such plans and operating procedures shall not relieve the user
from the responsibility to modify the user's facility as necessary
to meet the requirements of this article. In the case of an accidental
discharge, it is the responsibility of the user to immediately telephone
and notify the POTW of the incident. The notification shall include
location of discharge, type of waste, concentration and volume and
corrective action.
(6)
Notice of slug loading.
(a)
Any person who discharges any pollutant at a
flow rate and/or pollutant concentration which will cause interference
with the sewage treatment plant and/or accidentally discharges prohibited
materials or other substances regulated by this article, as amended,
shall immediately notify the Borough of the incident.
(b)
Within five days following such discharge, a
report shall be submitted to the Borough describing the cause of the
discharge and the measures to be taken to prevent similar future occurrences.
Such notification shall not relieve the discharger of any expense,
loss, damage or other liability which may be incurred as a result
of damage to the sewer system, receiving stream or to person or property;
nor shall such notification relieve the discharger of any fines, civil
penalties or other liabilities which may be legally imposed.
A.
The sewer rent for collection and treatment of sanitary sewage discharge into the sewer system by all dwellings and establishments will be based upon the amount of water consumed as determined from the meter readings of the Pennsylvania American Water Company and shall be computed pursuant to § 197-21B.
B.
In cases where dwellings and establishments using the sewer system have sources of water supply other than or in combination with water supplied by the Pennsylvania American Water Company, the measured flow computed in accordance with the provisions of § 197-18F above shall be used as the basis for computation of the sewer rent pursuant to § 197-21B.
A.
The sewer rent for collection and treatment of industrial
wastes discharged into the sewer system by industrial users shall
be based upon a premium charge for extra strength waste applied as
a factor against the charges for sanitary sewage. The premium charge
shall be based on the following formula for determination of the multiplication
factor:
|
Factor = 0.314 + 0.460 BOD/350 + 0.226 SS/300
|
|
Where the BOD is less than 350 mg/l, the value
expression (BOD/350) shall be assumed to equal one.
|
|
Where the suspended solids is less than 300
mg/l the value expression (SS/300) shall be assumed to equal one.
|
|
In cases where the concentration of suspended
solids, in the opinion of the Borough, does not represent the true
characteristics of the solids loading, the Borough reserves the right
to use total solids instead of suspended solids.
|
B.
In cases where industrial users using the sewer system use water from any source and the water so supplied is not entirely discharged into the sewer system, the measured flow to be used as a basis for the computation of sewer rent pursuant to § 197-21B shall be determined as set forth in § 197-18E and F.
C.
Any industry having both sanitary and industrial wastes and discharging only sanitary portion of these wastes to the Borough sewer system may, if in the opinion of the Borough it is not practical to install a meter or measuring device to determine the quantity of sanitary sewage discharged to the Borough sewer system, pay a sewer charge pursuant to § 197-21C.
D.
Nothing contained in this article shall be construed
as prohibiting special agreements between this Borough and a person
discharging industrial wastes to the sewer system when conditions
and circumstances making such special agreements advisable and/or
necessary, in the opinion of the Borough, are present.
B.
Computation of sewer rent.
[Amended 12-20-1993 by Ord. No. 1048]
(1)
The sewer rental imposed under § 197-19A and B and § 197-20A and B shall be computed, subject to the provisions of Subsection A, as follows:
[Amended 12-23-1996 by Ord. No. 1082]
|
Type of Meter
|
Amount
|
Quarterly Rental
|
|---|---|---|
|
Cubic-foot
|
First 1,200 cubic feet or less
|
$40.92 minimum
|
|
Cubic-foot
|
All over 1,200 cubic feet
|
$2.20 per 100 cubic feet
|
|
Gallon
|
First 9,000 gallons or less
|
$40.92 minimum
|
|
Gallon
|
All over 9,000 gallons
|
$2.89 per 1,000 gallons
|
(2)
In cases where one water meter serves more than one
dwelling, apartment and/or establishment, if the total number of cubic
feet divided by the number of dwellings, apartments and/or establishments
served by said meter is less than 1,200 cubic feet, then, in such
event, the minimum sewer rental shall be $40.92 times the number of
dwellings, apartments and/or establishments served by said meter.
In the case of gallon meters, if the total number of gallons divided
by the number of dwellings, apartments and/or establishments served
by said meter is less than 9,000 gallons, then, in such event, the
minimum sewer rental shall be $40.92 times the number of dwellings,
apartments and/or establishments served.
[Amended 12-23-1996 by Ord. No. 1082]
(3)
In cases where one water meter serves more than one
dwelling, apartment and/or establishment, it shall be the duty of
the owner of the property to notify the Borough of the number of dwellings,
apartments and/or establishments served by said meter.
C.
The sewer service charge imposed under Section 6(c)
shall be $5.60 per employee per quarter based upon the average number
of employees in the preceding quarter, but in no event shall the average
number of employees used in determining this sewer service charge
be less than 25.
[Amended 12-20-1993 by L.L. No. 1048; 12-23-1996 by Ord. No. 1082]
D.
All bills shall be payable at face within 15 days
of the date of the bill, provided that there is no previous delinquency,
after which time a penalty of 10% will be added.
E.
In the interpretation of this rule, payment by mail
will be accepted at face, provided that it bears a postmark date within
the period prescribed.
F.
Users must give the Borough their correct address.
Failure to receive bills will not be considered an excuse for nonpayment
and will not permit an extension of the period during which bills
are payable at face.
[Amended 10-23-1991 by Ord. No. 1022]
A.
All sewer rents, together with all penalties thereon,
not paid within 20 days from the date on which such bill was rendered
shall be deemed to be delinquent. Interest at the rate of 12% per
annum shall be imposed on all sewer rentals which remain unpaid within
30 days from the date on which such bill was rendered. All delinquent
sewer rentals and all penalties and interest thereon shall be a lien
on the property served and shall be entered as a lien against such
property in the office of the Prothonotary of Northumberland County
and shall be collected in the manner provided by law for filing and
collection of such liens.
B.
After 51 days from the date the sewer bill was rendered,
if the bill remains unpaid, the Borough of Milton may require the
Pennsylvania-American Water Company to shut off the water supply to
any premises for nonpayment of sewer rental pursuant to agreements
between the Borough of Milton and the Pennsylvania-American Water
Company. In the event the Borough of Milton shall require the Pennsylvania-American
Water Company to shut off the supply of water to any premise for nonpayment
of sewer rent, the user shall pay to the Borough of Milton, in addition
to other penalties herein imposed, the cost of shutting off and turning
on the said water supply to the property served.
A.
The Borough and its duly authorized representatives
bearing proper credentials and identification shall be permitted to
enter all properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this article.
In order to effectuate such inspection, observation, measurement,
sampling and testing, the Borough shall have the right to inspect
and copy all records maintained by the company in connection with
compliance with this article, as amended, as well as the general pretreatment
regulations and National Categorical Pretreatment Standards, as promulgated,
and to set up on the company's premises such devices as are necessary
to conduct sampling inspection, compliance monitoring and/or metering
operations.
B.
While performing the necessary work on private properties referred to in Subsection A above, the Borough or its authorized representatives shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Borough employees and the Borough shall indemnify the company 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 company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 197-18.
C.
The Borough and its authorized employees 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 sewage works
lying within said easement. All entry and subsequent work, if any,
on said easement shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property involved.
D.
Information and data on any person discharging industrial
wastes obtained from reports, applications, monitoring programs and
inspections shall be available to the public or governmental agencies
without restriction unless said person specifically requests and is
able to demonstrate to the Borough's satisfaction that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets. In that case,
such information will be recognized as confidential and will not be
available for inspection to the public. However, such confidential
information may be made available to any governmental agency upon
written request, provided that its use is specifically related to
this article, its NPDES permit or state disposal permit or a federal
pretreatment program, provided further that such confidential information
will not be transmitted until the Borough gives a ten-day notification
to said person. Information considered effluent data shall not be
recognized as confidential.
E.
The Borough shall annually publish in the Daily Item
or an equivalent newspaper a list of those persons who significantly
violated pretreatment standards or requirements during the previous
12 months.
The Council reserves the right to, and may from
time to time, adopt such rules and regulations as it deems necessary
and proper for the use and operation of the sewer system, which rules
and regulations shall become part of this article.
A.
Any person who shall violate or fail to conform to any of the provisions of Article II of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided that each day's continuance of a violation shall constitute a separate offense.
B.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this article
shall, upon conviction, be punished by a fine of not more than $300
or by imprisonment for not more than six months, or both.
C.
If any person violates any provision of this article,
federal or state pretreatment requirements or any other requirements,
mandates or order of the Borough, the Borough Solicitor shall commence
an action for appropriate legal, equitable relief and/or injunction
in the Court of Common Pleas of this county.
D.
The Borough may suspend the wastewater treatment service
and/or a wastewater contribution permit when such suspension is necessary,
in the opinion of the Borough, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
causes or may cause interference to the POTW or causes or may cause
the Borough to violate any condition of its NPDES permit.
E.
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 POTW system or endangerment to any individuals. The Borough 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 Borough within 15
days of the date of occurrence.
Any person shall have the right to appeal the
suspension of a permit to the Milton Borough Council, provided that
written notice of said appeal is given to the Borough Council within
10 days of the suspension. Milton Borough Council shall schedule a
hearing on the appeal within 10 days of said notice and render a decision
within five days of the conclusion of said hearing.
