No person shall discharge or cause to be discharged
any stormwater, surface drainage, cooling water or unpolluted industrial
process waters into the public sewer system.
Vapor water and all other unpolluted drainage
shall be discharged to such sewer as are specifically designated as
combined sewers, storm sewers or to a natural outlet approved by the
Enforcement Officer; industrial cooling water or unpolluted process
waters may be discharged, upon approval of the Enforcement Officer,
to a storm sewer, combined sewer or natural outlet.
[Amended 12-10-1990 by Ord. No. 598]
A. For the purpose of these regulations, the following
terms shall have the meanings hereinafter designated:
INTERFERENCE
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.
B. 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.
C. 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.
|
|
D. 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).
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
(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.
L. 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.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. 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.
Grease, oil and sand interceptors shall be provided
by the property owner when, in the opinion of the Enforcement Officer,
they are necessary for the proper handling of liquid wastes, sand,
and other harmful ingredients, except that such interceptors shall
not be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the Enforcement
Officer, and shall be located as to be readily and easily accessible
for cleaning and inspection. 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.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation.
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner, at his expense.
When required by the Enforcement Officer, the
owner of any property served by a building sewer carrying industrial
wastes shall install a suitable control manhole in the building sewer
to facilitate observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely located,
and shall be constructed in accordance with plans approved by the
Enforcement Officer. The manhole shall be installed by the owner at
his expense, and shall be maintained by him so as to be safe and accessible
at all times.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in §§
340-30 and
340-33 of this article shall be determined in accordance with standard methods for examination of water and sewage, and shall be determined at the control manhole provided for in §
340-35, or if none, the control manhole shall be considered to be the nearest downstream manhole in the public sewer line to the point at which the building sewer is connected, and the matter shall be determined upon suitable samples taken from that point.