Borough of Derry, PA Use of Public Sewerage System

[Amended 12-10-1990 by Ord. No. 598]

For the purpose of these regulations, the following terms shall have the meanings hereinafter designated:

Any inhibition or disruption of the Borough facilities, its treatment processes or operations, its sludge processes, use or disposal, or of any sewer, pipe or other conveyance located in the Borough, and transmitting substances into the Borough facilities, which is a cause of and significantly contributes to either a violation of any requirement of the Borough's National Pollution Discharge Elimination System Permit (hereinafter called "NPDES permit"), including an increase in the magnitude or duration of a violation or to the prevention of sewage sludge use or disposal by the Borough in accordance with the following statutory provisions and rules, regulations or permits issued thereunder: Pennsylvania Sewage Facilities (35 P.S. § 750.1 et seq.), Pennsylvania Clean Streams Act (35 P.S. § 691.1 et seq.), Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101). Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), including Title 11, more commonly referred to as the "Resource Conservation and Recovery Act" and including all Commonwealth of Pennsylvania statutes and Pennsylvania statutes and Pennsylvania Department of Environmental Protection regulations prepared pursuant to Subtitle D of the Solid Waste Disposal Act, the Clean Air Act (42 U.S.C. § 6901 et seq.), and the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), County of Westmoreland Health Code and the Pollution Control Standards of the Ohio River Valley Water Sanitation Commission. (All such statutory provisions, rules, regulations or permits are hereinafter collectively called "Laws.") A user significantly contributes to such a permit violation or prevention or sludge use or disposal in accordance with the above-cited laws whenever such user:

(1)

Discharges daily pollutant loading in excess of that allowed by permit or by contract with the Borough or by Federal, Commonwealth of Pennsylvania, County of Westmoreland, Derry Borough laws, ordinances, rules or regulations.

(2)

Discharges wastewaters which substantially differs in nature of constituents from the user's average discharge.

(3)

Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in violation of Borough's NPDES permit or prevent sewage sludge use or disposal in accordance with the above-cited laws as they apply to the Borough's selected method of sludge management.

PASS-THROUGH

Any discharge of pollutant through the facilities of the Borough into navigable waters or any stream in the Commonwealth of Pennsylvania in quantities or concentrations which are a cause of and significantly contribute to a violation of any requirement of the Borough's NPDES permit (including an increase in the magnitude or duration of a violation). A user significantly contributes to such a permit violation where it:

(1)

Discharges a daily pollutant loading in excess of that allowed by permit or by contract with the Borough or by federal, Commonwealth of Pennsylvania, County of Westmoreland, Derry Township Municipal Authority laws, ordinances, rules or regulations;

(2)

Discharges wastewater which substantially differs in nature or constituents from the user's average discharge;

(3)

Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or

(4)

Knows or has reason to know that the Borough is, for any reason, violating its final effluent limitations in its permit and that such user's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the Borough's violations.

No person, firm, association or corporation shall introduce or cause to be introduced, directly or indirectly, into the facilities of the Borough or into any sewer, pipe or other conveyance located in the Borough and transmitting substances into the facilities of the Borough, any toxic substance, pollutant or other wastewater which will cause interference with the operation or performance of the Borough's treatment plant or other facilities or pass through the Borough's treatment plant or other facilities.

No person, firm, association or corporation shall introduce, permit or cause to be introduced, directly or indirectly, into the facilities of the Borough or into any sewer, pipe or other conveyance located in the Borough and transmitting substances into the facilities of the Borough any of the following:

(1)

Any pollutant or wastewater which will interfere with or substantially adversely affect the operation or performance of the Borough treatment plant, or pass through said plant into navigable waters or streams of the Commonwealth of Pennsylvania in quantities or concentrations which are a cause of and significantly contributes to a violation of any requirement of the above-cited laws or the Borough NPDES permit, or adversely affect the use or disposal of Borough sludge or other residues.

(2)

Any substances which will endanger the life, health or safety of the treatment plant, sewer maintenance and plant operation personnel or which would preclude safe entry into the sewer system or any portion of the treatment plant.

(3)

Any ignitable, reactive, explosive or corrosive waste.

(4)

All wastes that are defined or listed as hazardous under the regulations enacted by agencies of the federal government or the Commonwealth of Pennsylvania.

(5)

Any wastewater with a temperature great enough to inhibit biological activity in the Borough treatment plant.

(6)

Any waste which exceeds the naturally occurring background levels for either alpha, beta or gamma radiation and/or any wastewater containing any radioactive wastes or isotopes of such half life or concentration not in compliance with applicable state or federal regulations.

(7)

Any solids or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the Borough's facilities or facilities discharging into the Borough system.

(8)

Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes may create a public nuisance or adversely affect public health or safety.

(9)

Pathological wastes from a hospital or other medical establishment.

(10)

Garbage, whether ground or not, except properly shredded food waste garbage resulting from the proper use of a garbage grinder or disposer of a type approved by the Borough and maintained in good operating condition.

(11)

Sludges or other materials from septic tanks or similar facilities or from sewage or industrial waste treatment plants or from water treatment plants; unless the discharge of such sludges and other materials is specifically approved by the Borough.

(12)

Any substance which violates discharge regulations as established by authorized agencies of the federal government, the Commonwealth of Pennsylvania, the Ohio River Valley Water Sanitation Commission, Westmoreland County or the Borough.

(13)

Wastewater containing in excess of:

	Parameter	Limit
	pH	6.0 - 9.0
	Temperature	40° F. - 150° F.
	BODs	500 mg/l
	Suspended solids	500 mg/l
	Fats, wax, grease or oils	100 mg/l
	Phenolics	0.1 mg/l
	Sodium chloride	10,000 mg/l
	Sodium sulfate	500 mg/l
	Chromium (total)	5.0 mg/l
	Chromium (trivalent)	1.0 mg/l
	Chromium (hexavalent)	2.0 mg/l
	Copper	0.8 mg/l
	Zinc	0.5 mg/l
	Nickel	1.0 mg/l
	Cadmium	1.0 mg/l
	Arsenic	0.1 mg/l
	Iron	500 mg/l
	Cyanide	2.0 mg/l
	Barium	1.0 mg/l
	Lead	1.0 mg/l
	Manganese	1.0 mg/l
	Silver	0.03 mg/l
	Boron	1.0 mg/l
	Mercury	0.10 mg/l
	Selenium	0.05 mg/l
	Vanadium	100.0 mg/l
	Total identifiable chlorinated hydrocarbone	0.1 mg/l
	Color shall not exceed 15 color units.
	Turbidity shall not exceed five turbidity units.

No person, firm, association or corporation shall introduce or cause to be introduced, directly or indirectly, into the facilities of the Borough or into any sewer, pipe, or other conveyance located in the Borough and transmitting substances into the facilities of the Borough, any toxic substance, pollutant or other wastewater, in violation of a national categorical or general pretreatment standards promulgated by the U.S. Environmental Protection Agency pursuant to §§ 307(b) and (c) of the Federal Water Pollution Control Act, 55 U.S.C. § 11317(b) and (c).

No person, firm, association or corporation shall take any action or do or cause to be done any thing in violation of any provision of the Federal Water Pollution Control Act or of any regulation promulgated by the U.S. Environmental Protection Agency pursuant thereto.

No person, firm, association or corporation shall take any action or do or cause to be done any thing in violation of any rule or regulation of the Commonwealth of Pennsylvania, the County of Westmoreland, the Ohio River Valley Water Sanitation Commission or the Borough pertaining to sewage discharge, introduction or treatment.

A significant industrial user (hereinafter "SIU") is defined as:

(1)

Any industrial user of the Borough wastewater disposal system who:

(a)

Has a discharge flow of 10,000 gallons or more per average workday; or

(b)

Has a flow greater than 1% of the flow in the Borough's wastewater treatment system; or

(c)

Has in its wastes toxic pollutants as defined pursuant to statues and rules; or

(d)

Is found by the Commonwealth of Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the systems effluent quality, or air emissions generated by the system.

(2)

Any user bearing a code number set forth on pages D-9 through D-13 (inclusive) of the Guidance Manual for POTW Pretreatment Program Development as published by the United States Environmental Protection Agency, Office of Water Enforcement and Permits, October 1983. A copy of pages D-9 through D-13 is attached to these regulations and made a part of these regulations.[1]

[1]

Editor's Note: Said pages are on file in the Borough offices.

All SIU proposing to connect to contribute to the Borough plant shall enter into a wastewater discharge service agreement with the Borough before connecting to or contributing to the plant.

Required information.

(1)

SIU required to obtain a wastewater discharge service agreement shall complete and file with the Borough an application in the form prescribed the Borough. In addition, the SIU filing for a permit will be required to reimburse the Borough a predetermined lump sum payment to cover the anticipated costs for all engineering, legal, and other expenses relative to the review of the permit and, provided the permit is approved, the development of a formal service agreement. Existing SIU shall apply for a wastewater discharge service agreement within 30 days after written notice from the Borough to do so and proposed new users shall apply at least 90 days prior to connecting to or contributing to the plant. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(a)

Name, address, and location, (if different from the address).

(b)

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(c)

Wastewater constituents and characteristics, including but not limited to those mentioned in Subsection C of this section as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended.

(d)

Time and duration of contribution.

(e)

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(f)

Site plans, floor plans, mechanical and plumbing plans and detail to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

(g)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(h)

Each product produced by type, amount, process or processes and rate or production.

(i)

Type and amount of raw materials processed (average and maximum per day).

(j)

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(k)

Any other information as may be deemed by the Borough to be necessary to evaluate the permit application.

(l)

Construction documents and/or operational procedures for any collection, conveyance, treatment, monitoring, or other appurtenance either existing or proposed for which the permit application is being filed.

(2)

The Borough will evaluate the data furnished by the SIU and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue a wastewater discharge service agreement for execution subject to terms and conditions provided herein.

In the event of additions to or amendment of any of the laws identified in Subsection A of this section, which additions or amendments create conflicts or inconsistencies with any existing service agreement between the Borough and SIU, said agreement shall be amended to so as to conform with the laws.

Wastewater discharge service agreements shall be expressly subject to all provisions of this section and all other applicable regulations, user charges and fees established by the Borough. Service agreements may contain the following:

(1)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

(2)

Limits on the average and maximum wastewater constituents and characteristics.

(3)

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(4)

Requirements for installation and maintenance of inspection and sampling facilities.

(5)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule.

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports.

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Borough and affording access thereto.

(9)

Requirements for notification of the Borough 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.

(10)

Requirements for notification of sludge discharges.

(11)

Pretreatment of proposed discharges to the Borough plant and sewers.

(12)

Other conditions as deemed appropriate by the Borough to ensure compliance with this section.

Service agreement shall be issued for a specified time period not to exceed five years. A service agreement may be issued for a period less than a year or may be stated to expire on a specific date. User shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as limitations or requirements as identified in Subsection C are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Wastewater discharge service agreements are issued to a specific user for a specific operation. A wastewater discharge service agreement shall not be reassigned or transferred or sold to a new owner, new SIU, different premises or a new or changed operation without the approval of the Borough. Any succeeding owner or user shall also comply with the terms and conditions of the existing service agreement.

Monitoring facilities.

(1)

When found appropriate by the engineer, the Borough may require to be provided and operated, at the SIU's expense, monitoring facilities to allow inspection, sampling, and flow measurement for the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(2)

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Borough's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Borough. The Borough may inspect the facilities of any user to ascertain whether the purpose of this regulation is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Borough or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Borough shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where SIU has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Borough will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Wastewater treatment service.

(1)

The Borough may suspend the wastewater treatment service and/or a wastewater discharge service agreement 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, to the environment, causes interference to the plant or causes the Borough to violate any condition of its NPDES permit.

(2)

Any person, firm, association or corporation notified of a suspension of the wastewater treatment service and/or the wastewater contribution 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 may take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the plant system or endangerment to any individuals. The Borough shall reinstate the wastewater discharge service agreement and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the SIU 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 SIU who violates the following conditions of this section or applicable state and federal regulations is subject to having his service agreement revoked.

(1)

Failure of user to factually report the wastewater constituents and characteristics of its discharge.

(2)

Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

(3)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

Any person, firm, association or corporation violating any provision of this section shall, upon conviction, be punished by a fine not to exceed the sum of $1,000 for each offense, recoverable with costs, and in default of payment of the fine and costs, shall be subject to imprisonment in the Westmoreland County Jail for a period not exceeding 30 days. Each day that a violation is continued shall constitute a separate offense. In the case of firms or associations, the penalty may be imposed upon the partners or members thereof, and in the case of corporations, upon the officers thereof.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The provisions of this agreement are severable, and the invalidity of any section, clause, sentence or provision of this agreement shall not affect or impair the validity of any other part of the agreement which can be given effect without the invalid part of parts.