[Adopted 5-13-1997 by Ord. No. 116, approved 5-13-1997]
A. 
This article sets forth the requirements for wastewater discharge into the Borough of Masontown's sewerage system and treatment plants.
B. 
The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the sewerage system and treatment plants which will interfere with the conveyance system, pump station, operation of the plant or contaminate the resulting sludge.
(2) 
To prevent the introduction of pollutants into the sewage treatment plants which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the plants.
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the plants.
C. 
This article provides for the regulation of the discharge of wastewater into the Masontown sewerage system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the pretreatment program established herein.
This article applies to all persons who discharge wastewater directly or indirectly into the Masontown sewerage system and treatment plants.
A. 
Unless the context specifically indicates otherwise, the following words and terms used in this article shall have the following meanings:
ABNORMAL INDUSTRIAL WASTE
Any industrial waste having a suspended solid content or C.B.O.D. appreciably in excess of that normally found in municipal sewage. For the purposes of these regulations, any industrial waste containing more than 250 milligrams per liter of suspended solids or having a C.B.O.D. in excess of 200 milligrams per liter or containing more than 20 milligrams per liter of ammonia nitrogen shall be considered an abnormal industrial waste regardless of whether or not it contains other substances in concentrations differing appreciably from those normally found in municipal sewage.
BOD OF SEWAGE or INDUSTRIAL WASTE
Shall designate its biochemical oxygen demand and shall mean the quantity of oxygen utilized in the biochemical oxidation of the organic matter in said sewage or industrial waste under standard laboratory procedure in five days at 20° C., (under aerobic conditions), expressed in milligrams per liter by weight. It shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
BOROUGH
The Borough of Masontown, situated in Fayette County, Pennsylvania.
BUILDING
Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and industrial wastes, or either thereof, is or may be discharged.
C.B.O.D. OF SEWAGE OR INDUSTRIAL WASTE
Designates the carbonaceous biochemical oxygen demand and shall mean the quantity of oxygen utilized in the biochemical oxidation of the organic matter in said sewage or industrial waste under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter by weight. It shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
CATEGORICAL STANDARDS
The Federal Categorical Pretreatment Standards.
COMBINED SEWER
A sewer designed to receive both sewage and stormwater runoff which has been approved for such purpose.
COST
Includes any or all legal fees, engineering fees and additional expense incurred by the Borough.
COUNCIL
The elected members of the Borough of Masontown, as now or hereafter constituted, and its duly authorized agents or representatives.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Commonwealth of Pennsylvania Department of Environmental Protection or, where appropriate, the term may also be used as a designation for the Secretary or other duly authorized official of said agency.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The United States 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.
FEDERAL CATEGORICAL PRETREATMENT STANDARD or FEDERAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
GARBAGE
Solid wastes, shredded or otherwise, from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
INDUSTRIAL USER
Any person, connected to or contributing nondomestic or other industrial wastewater to the Borough's sewerage system and treatment plants, engaged in manufacturing, production or other activities that may be classified under the following divisions of the Standard Industrial Classification Manual, 1972, United States Office of Management and Budget, as amended and supplemented:
(1) 
Division A: agricultural, forestry and fishing.
(2) 
Division B: mining.
(3) 
Division D: manufacturing.
(4) 
Division E: transportation, communications, electric, gas and sanitary services.
(5) 
Division I: services.
INDUSTRIAL WASTE DISCHARGE PERMIT
A discharge permit duly issued by the Borough in accordance with the requirements of §§ 115-37 through 115-50 of this article.
INDUSTRIAL WASTES
Any liquid, gaseous or waterborne wastes from industrial processes or commercial establishments as distinct from normal domestic or sanitary sewage.
INFILTRATION
The water entering a sewer system, including sewer service connections, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
INFLOW
The water discharged into a sewer system, including service connections, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.
LATERAL TESTING
Includes pressure testing requirements as provided for in Section 312 of the International Plumbing Code (IPC) as contained in the PA Uniform Construction Code, as from time to time amended. For purposes of only this section and any corresponding lateral resale regulations to be promulgated and enforced pursuant to same, "lateral testing" shall mean pressure testing as defined below.
[Added 8-10-2021, approved 8-10-2021]
LATERALS
A sewer line having no tributary sewer connecting a structure to the public collection or interceptor system at the public right-of-way.
[Added 8-10-2021, approved 8-10-2021]
LATEST EDITION OF STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER (PUBLISHED BY THE AMERICAN PUBLIC HEALTH ASSOCIATION)
The latest edition published and current at the time the determination of any analysis required is to be made.
LOWER LATERAL
That portion of the sanitary service lateral typically constructed and maintained by the Borough of Masontown.
[Added 8-10-2021, approved 8-10-2021]
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
A permit issued by the DEP pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of 307(b) of the Act and 40 CFR Part 403, Section 403.5 of the general pretreatment regulations.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 305(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, unless such standard provides otherwise.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals from which sanitary sewage and industrial wastes, or either thereof, is or may be discharged.
PASS-THROUGH
The discharge of pollutants through the sewage treatment plants into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirements of the sewage treatment plants' NPDES permit (including an increase in the magnitude or duration of a violation) or any applicable water quality standards.
PERSON
Includes natural persons, partnerships, associations and corporations, public or private.
pH
The logarithm to the base 10 of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
PRESSURE TEST
A method to determine any infiltration in a lateral sewer utilizing either of the following methods:
[Added 8-10-2021, approved 8-10-2021]
(1) 
Drainage and vent air test: a test made by forcing air into the system until there is a uniform gauge pressure of five psi (34.5 kPa) or sufficient to balance a ten-inch (254 mm) column of mercury. This pressure shall be held for a test period of at least 15 minutes. Any adjustments to the test pressure required because of changes in ambient temperature or the seating of gaskets shall be made prior to the beginning of the test period.
(2) 
Gravity sewer test: a test consisting of plugging the end of the building sewer at the point of connection with the public sewer, filling the building sewer with water, testing with not less than a ten-foot (3,048 mm) head of water and maintaining such pressure for 15 minutes.
PRETREATMENT or TREATMENT
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 the sewage treatment plant. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes and other means, except as prohibited by 40 CFR Section 403.6(d).
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/4 inch in any dimension.
QUALIFIED CONTRACTOR
A person, company, agency or partnership that holds the appropriate Pennsylvania licenses, as required to carry out appropriate residential and/or commercial construction activities.
[Added 8-10-2021, approved 8-10-2021]
S.T.P. or SEWAGE TREATMENT PLANT
The Masontown sewerage treatment plants.
SANITARY SEWAGE OR SEWAGE
The normal waste carried from households and toilet wastes from residences, business buildings, institutions, industrial and commercial establishments, exclusive of stormwater runoff, surface water or groundwater.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface- and groundwaters are not intentionally admitted.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.
STORM SEWER
A sewer which is intended to carry stormwater runoff, surface waters, groundwater drainage, etc., but which is not intended to carry any sanitary sewage or polluted industrial waste.
STORMWATER RUNOFF
That portion of the rainfall which reaches a channel, trench or sewer.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension in water, sewage, industrial waste or other liquids and which are removable by laboratory filtration. The quality of suspended solids shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act, 307(a), or other acts.
UNPOLLUTED WATER or WASTE
Any water or waste containing none of the following: free or emulsified grease or oil; pH less than six or greater than nine; phenols or other substances imparting taste and odor to receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; obnoxious or odorous gases. It shall contain not more than 1,000 milligrams per liter by weight of dissolved solids of which not more than 250 milligrams per liter shall be as chloride and not more than 10 milligrams per liter each of suspended solids and C.B.O.D. The color shall not exceed 50 color units. Analyses for any of the above-mentioned substances shall be made in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater.
UPPER LATERAL
That portion of the sanitary service lateral owned and maintained by the user.
[Added 8-10-2021, approved 8-10-2021]
USER
Any person who contributes, causes or permits the contribution of wastewater into the Borough's S.T.P.
WATER AUTHORITY
Any publicly or privately owned duly authorized agency, corporation or organization which is the approved purveyor of the public water supply within the limits of the Borough's service area.
B. 
Shall is mandatory; may is permissive.
A. 
Any and all sanitary sewage, except that which is described in §§ 115-28 and 115-29, from residences, institutions, industries and commercial establishments may be discharged into the sewage treatment plants.
B. 
It shall be unlawful for any person to discharge sanitary sewage into the sewage treatment plant without first having obtained a permit from the local public agency that has jurisdiction, the local public agency being the Borough of Masontown.
A. 
The discharge of stormwater to sanitary sewers is prohibited.
B. 
All persons connecting to the public sanitary sewage system shall provide adequate means for excluding stormwater runoff in the event that the connection is made to a sanitary sewer.
C. 
No person connected to a sanitary sewer shall connect any roof drain or foundation drain thereto or permit any such drains to remain connected thereto, nor shall he permit, allow or cause to enter into any sanitary sewer any spring water or surface water from any other source.
D. 
The provisions of this article do not prohibit the present or future discharge of stormwater runoff to storm sewers or to natural watercourses within the Borough's service area.
E. 
The above exclusion of stormwater runoff provisions shall apply to all past, present and future persons, firms or corporations connected to the aforementioned public sanitary sewers.
[Added 8-12-1997, approved 8-12-1997]
F. 
Lateral testing by Borough.
[Added 8-10-2021, approved 8-10-2021]
(1) 
The Borough is authorized to require and review lateral testing and carry out inspections within the Borough and adjacent service areas for purposes of discovering or locating the inflow of surface stormwater to the public collection/interceptor system for qualifying events described in Subsection H hereof. The property owner, as per Fayette County real estate tax records, shall either:
(a) 
Retain the services of a qualified contractor to perform the lateral testing with inspection by the Borough; or
(b) 
Carry out the lateral testing on his/her subject property(ies) with inspection by the Borough.
(2) 
Persons owning property within the Borough or adjacent service areas are required to grant access to the Borough and/or the lateral testing contractor and to permit lateral testing or other testing or inspection. It is unlawful for any person to refuse access to property for purposes of lateral testing or other testing or inspection.
G. 
Notices to Property Owners. In the event the Borough identifies any illegal connections, significant defects or leaking, deteriorating or poorly constructed private sanitary sewer lateral and/or sanitary sewer service connections, the Borough shall give written notice of same to the property owner that such illegal connections be eliminated and/or services connections be, at the property owner's expense, repaired, replaced, or rehabilitated within 30 days of the date of the notice. If the condition does not create a health hazard, the Borough, upon request of the property owner, may extend the deadline to 60 days from the date of the notice.
[Added 8-10-2021, approved 8-10-2021]
H. 
Qualifying Events for Property Owners to Test and Remediate. All owners of property shall be responsible to satisfactorily complete televised and/or pressure testing at the times outlined herein, and in cases that do not involve the sale or transfer or assignment of interest in property shall be responsible to complete televised and/or pressure testing only under the conditions of Subsection F above. These qualifying events for lateral testing and remediation in such cases shall therefore occur as described below:
[Added 8-10-2021, approved 8-10-2021]
(1) 
If/when infiltration/inflow is discovered in a lateral by visual inspection, smoke/dye testing or other acceptable means of investigation.
(2) 
If/when a sewershed certified by the Borough Engineer has/having failed to sufficiently reduce sanitary sewer flows to levels which do not exceed the hydraulic loading at the wastewater treatment facility, owners of property within any such sewershed who have not previously completed lateral testing and obtained a certificate of compliance for that property shall immediately become responsible to satisfactorily complete lateral testing and to obtain a certificate of compliance.
(3) 
Upon any sale, transfer or pledge of property as required under this section.
I. 
Application for certificate of compliance.
[Added 8-10-2021, approved 8-10-2021]
(1) 
When any real property located within the Borough or adjacent service areas has become subject to lateral testing requirements as set forth in Subsection F above, or under any other Borough ordinance to be adopted, the property owner or its agent shall submit to the Borough an application for certificate of compliance, completed as required by Subsection I(2) below. The certificate of compliance form shall be available upon request from the Borough. The fee for filing the completed application for certificate of compliance shall be established by the governing body from time to time by resolution.
(2) 
When any real property located within the Borough or adjacent service areas has become subject to lateral testing requirements as set forth in Subsection F above, or under any other Borough ordinance to be adopted, the property owner shall either perform the lateral test or have a lateral test of the property performed by a qualified contractor. Upon completion of the lateral test, the person who performed the test shall complete the appropriate section of the application for certificate of compliance, confirming that the property has been lateral tested, identifying the type of testing performed, and certifying the results of the test.
J. 
Issuance of certificate of compliance.
[Added 8-10-2021, approved 8-10-2021]
(1) 
If the application for certificate of compliance, properly completed and filed with the Borough with the designated filing fee, indicates that there are no connections of surface stormwater to the sanitary sewer system, then the Borough shall issue the certificate of compliance within 10 days of application therefor.
(2) 
If the lateral test reveals the existence of one or more surface stormwater connections to the sanitary sewer system, the Borough shall not issue the certificate of compliance until the connections have been removed and a qualified contractor has certified that there is no connection of surface stormwater to the sanitary sewer system from the property.
The economy and desirability of the combined treatment of industrial wastes and sanitary sewage is recognized. In general, any and all industrial wastes may be discharged to the public sanitary sewage system except those which are deemed harmful to the system or are specifically prohibited by §§ 115-23 through 115-29, and other portions of this article. However, it is also recognized that the treatment of abnormal industrial wastes may add to the cost of operating and maintaining the sewage treatment plants. Such additional cost must therefore be borne by the person or persons receiving the benefit of such treatment.
The Borough reserves the right to refuse to accept the discharge of deleterious industrial wastes into the sewage treatment plant or to compel discontinuance of the discharge into the sewage treatment plants for such wastes or to require pretreatment and/or equalization of flow thereof in order to prevent harmful or adverse effects upon the sewage treatment plants. The design, construction and operation of such pretreatment and/or flow equalization facilities shall be made at the sole expense of the person discharging said wastes and shall be subject to the approval of the Council or its designated representative.
In general, industrial waste shall be considered harmful to the sewage treatment plants if it may cause any of the following damaging effects:
A. 
Chemical reaction either directly or indirectly with the materials of construction of the sewage treatment plant in such a manner as to impair the strength or durability of any plant structures.
B. 
Mechanical action that will destroy any plant structures.
C. 
Restriction of the hydraulic and/or organic capacity of any plant structures.
D. 
Restriction of the normal inspection or maintenance of any plant structures.
E. 
Danger to public health and safety.
F. 
Obnoxious conditions inimical to the public interest.
When required by the Council, any person discharging to the sewage treatment plant any industrial wastes, or industrial wastes and sanitary sewage together, shall install a suitable manhole or manholes or metering chamber on his connecting sewer or sewers to facilitate observation, sampling and measurement of the combined flow or wastes from his premises. Such manhole or manholes or metering chamber shall be accessible and safely located and shall be constructed in accordance with plans approved by the Council or its designated representative. The manhole or manholes or metering chamber shall be installed by such person at his expense and shall be maintained by him so as to be safe and accessible to the Council or its designated representative at all times. The construction and maintenance of such manhole or metering chamber shall be mandatory for the producers of abnormal industrial wastes, and if deemed necessary by the Council, flows from such manhole or metering chamber shall be continuously monitored, transmitted and recorded by means of an approved receiving device to be located at a point approved by the Council. When required by the Council, a prespecified sampling program to ensure compliance with § 115-29 shall be instituted. All costs attendant to such a program shall be borne by the user.
All users who would, absent of control measures, discharge to the sewage treatment plant fats, oils or grease shall be required to install and properly maintain a grease trap. Prior to installation of the grease trap, the user shall submit to the Borough for review and approval design computations and catalogue cuts for the proposed equipment. Subsequent to installation, the equipment shall be subject to inspection by the Borough at all times. Cleaning and maintenance records of grease traps will be kept by the user and open to inspection by the Council. If found to be operating inadequately, the user is in violation and is subject to a surcharge to be established by the Council.
A. 
The discharge of excessive amounts of unpolluted water or waste to the sewage treatment plant is expressly prohibited. The Council reserves the right to define the amount it deems excessive in each particular instance.
B. 
The discharge of garbage to the sewage treatment plant is expressly prohibited, unless the garbage is first properly shredded.
C. 
No sanitary sewage or industrial waste from any property other than that for which a permit has been issued as provided in §§ 115-21 and 115-37 through 115-50 hereof shall be discharged to the sewage treatment plants.
No person shall discharge to the sewage treatment plant any sanitary sewage or industrial wastes having any of the following characteristics:
A. 
Wastes containing liquids, solids or gases which by reason of their nature or quality may cause fire, explosions, or be in any other way injurious to persons, the structures of the sewage treatment plants or its operation.
B. 
Wastes having a temperature in excess of 100° F. or less than 32° F.
C. 
Wastes having a pH lower than six or higher than nine or having any corrosive properties capable of causing damage or hazards to structures, equipment or personnel at the sewage treatment plants. Where the Council deems is advisable, it may require any person discharging industrial wastes to install and maintain at his own expense, in a manner approved by the Council or its designated representatives, a suitable device to continuously measure and record the pH of the wastes so discharged.
D. 
Wastes containing any noxious or malodorous gas or substance which either singly or by interaction with sewage or other wastes is, in the opinion of the Council, likely to create a public nuisance or hazard to life or prevent entry to sewage treatment plant structures for their maintenance and repair.
E. 
Wastes containing ashes, cinders, sand, mud, lint, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, hair, chemical or paint residues, greases, lime slurry or viscose materials of such character or in such quantity that, in the opinion of the Council, they may cause an obstruction to the flow or otherwise interfere with the proper operation of the sewage treatment plants.
F. 
Wastes containing insoluble, nonflocculent substances having a concentration greater than 50 milligrams per liter.
G. 
Wastes containing soluble substances in such concentrations greater than 100 milligrams per liter.
H. 
Wastes containing any of the following substances in solution or in suspension in concentrations exceeding those shown in the following tables:
Substance
Maximum Permissible Concentration
(milligrams per liter)
Phenolic compounds as C5H6OH
1.0
Cyanides as CN
0
Cyanates as CNO
0
Iron as Fe
0.3
Trivalent Chromium as Cr plus
0.5
Hexavalent Chromium as Cr
Nickel as Ni
1.0
Copper as CU
0.03
Lead as Pb
0.5
Zinc as Zn
0.15
Ammonia Nitrogen as NH 3
25.0
NOTE:
The maximum permissible concentration is subject to change as required by regulations of the Department of Environmental Protection or other state or federal agencies.
I. 
Wastes containing more floatable fat, oil or grease and 50 milligrams per liter of soluble fat, oil or grease.
J. 
Wastes containing more than five milligrams per liter of any of the following gases: hydrogen sulfide, sulfur dioxide, nitrous oxide or any of the halogens.
K. 
Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals.
L. 
Wastes containing toxic substances in quantities sufficient to interfere with the biochemical processes of the sewage treatment plants or that will pass through the treatment process and still exceed the state and federal requirements for the receiving stream.
M. 
Wastes containing radioactive wastes in harmful quantities as defined by applicable state or federal regulations.
Although the sewage treatment plants may be capable of treating certain abnormal industrial wastes as heretofore defined in § 115-20A, the actual treatment of such wastes may increase the cost of operating and maintaining the sewage treatment plants. Therefore, there will be imposed upon each person discharging such industrial waste into the sewage treatment plants a surcharge or surcharges which are intended to cover such additional cost.
A. 
The strength of any industrial waste, the discharge of which is to be subject to surcharge, shall be determined monthly, or more frequently as the Council shall determine, from samples taken either at the manhole or metering chamber referred to in §§ 115-23 through 115-27 hereof, or at any other sampling point mutually agreed upon by the Council and the producer of such waste. The frequency and duration of the sampling period shall be such that, in the opinion of the Council, a reasonably reliable determination is made of the average composition of such waste.
B. 
Samples shall be collected or their collection supervised by a representative of the Council and analyzed in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, cited above. Except as hereinbefore provided, the strength of the waste so found by analysis shall be used for establishing the surcharge or surcharges. However, the Council may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own samplings and analyses. In any event, all costs attendant to sampling and analyses shall be borne by the user.
A. 
In the event that any industrial waste is found by the Council to have a C.B.O.D. in excess of 200 milligrams per liter, the producer of said waste shall be surcharged an amount not less than the product of the actual volume of waste in thousand gallons per billing period discharged to the sewage treatment plant and the C.B.O.D. surcharge rate. The minimum C.B.O.D. surcharge rate shall be determined by the following formula:
Rc = 0.00834 P (C-200)
Where
Rc
=
The minimum C.B.O.D. surcharge rate in dollars per 1,000 gallons of waste discharged.
P
=
The system's average annual, operating, maintenance and administration expenses per pound of C.B.O.D. received at the sewage treatment plants.
C
=
The average C.B.O.D. of the industrial waste expressed in milligrams per liter as determined in accordance with § 115-31 of this article.
B. 
The figure 200 appearing in the above formula corresponds to the maximum C.B.O.D. permissible without surcharge. The figure 0.00834 is the factor to convert milligrams per liter to pounds per 1,000 gallons. No discount will be permitted for sewage or industrial wastes having a C.B.O.D. less than 200 milligrams per liter.
A. 
In the event that any industrial waste is found by the Council to have an average suspended solids concentration in excess of 250 milligrams per liter, the producer of such waste shall be surcharged an amount not less than the product of the actual volume of wastes in thousand gallons per billing period discharged to the sewage treatment plants and the suspended solids surcharge rate. The minimum suspended solids surcharge rate shall be determined by the following formula:
Rc = 0.00834 B (S-250)
Where
Rc
=
The suspended solids surcharge rate in dollars per 1,000 gallons of waste discharged.
B
=
The system's average annual, operating, maintenance and administration expenses per pound of suspended solids received at the sewage treatment plants.
S
=
The average suspended solids concentration of the abnormal industrial waste expressed in milligrams per liter as determined in accordance with § 115-31 of this article.
B. 
The figure 250 appearing in the above formula corresponds to the maximum suspended solids concentration permissible without surcharge. The figure 0.00834 is the factor to convert milligrams per liter to pounds per 1,000 gallons. No discount will be permitted for sewage or industrial wastes having a suspended solids concentration less than 250 milligrams per liter.
A. 
In the event that any industrial waste is found by the Council to have an ammonia nitrogen concentration in excess of 20 milligrams per liter, the producer of said waste shall be surcharged an amount not less than the product of the actual volume of waste in thousand gallons per billing discharged to the sewage treatment plants and the ammonia nitrogen surcharge rate. The minimum ammonia nitrogen surcharge rate shall be determined by the following formula:
Ry = 0.00834 X (Y-20)
x
=
The system's average annual, operating, maintenance and administration expenses per pound of ammonia nitrogen received at the sewage treatment plant.
y
=
The average ammonia nitrogen concentration of the industrial waste expressed in milligrams per liter as determined in accordance with § 115-31 of this article.
B. 
The figure 20 appearing in the above formula corresponds to the maximum ammonia nitrogen concentration permissible without surcharge. The figure 0.00834 is the factor to convert milligrams per liter to pounds per 1,000 gallons. No discount will be permitted for sewage or industrial wastes having an ammonia nitrogen concentration less than 25 milligrams per liter.
Costs previously referred to shall include but not be limited to any and all fines levied against the Borough by any governmental unit as a result of any discharge of excessive industrial wastes.
In the event that floatable fat, oil or grease of animal, vegetable, mineral or petroleum origin is found to adversely affect the operation of the sewage treatment plants, the cost of removing, correcting or treating accumulations of fat, oil or grease shall be charged directly to the producers of such waste.
A. 
It shall be unlawful for any existing significant industrial user served by the Borough's sewage treatment plants to discharge any wastewater to the Borough's sewage treatment plants without an industrial waste permit issued by the Borough in accordance with the provisions of this article.
B. 
All significant industrial users proposing to discharge industrial waste to the Borough's sewage treatment plant shall obtain an industrial waste permit from the Borough before connecting to or contributing to the Borough's sewage treatment plant.
Users required to obtain an industrial waste permit shall complete and file with the Borough a permit application in the form prescribed by the Borough and accompanied by an application fee according to the fee schedule adopted by the Borough. Existing users shall apply for an industrial waste permit within 90 days after receipt of notification from the Borough that the user must obtain a permit. Any proposed user shall apply at least 90 days prior to their anticipated need for discharging industrial waste to the Borough sewage treatment plants. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following minimum information wherever possible:
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. 
Description of the types of wastewater generated and an analysis of the wastewater characteristics including, but not limited to, those pollutants regulated by §§ 115-28 and 115-29 of this article and the priority pollutants designated by the EPA, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Clean Water Act and contained in 40 CFR, Part 136, as amended.
D. 
Frequency, time and duration of waste discharge contributions.
E. 
Average daily, maximum daily, maximum hourly and instantaneous peak wastewater flow rates including daily, monthly and seasonal variations, if any.
F. 
Site plans, floor plans, mechanical and plumbing plans or sketches to approximate scale and sufficient detail to show all building drain lines or sewers, sewer connections and related sewer or pretreatment appurtenances by the size, location and elevation.
G. 
Description of production and/or manufacturing activities, facilities and plant processes conducted on the premises, including a list of all toxic pollutants or pollutants prohibited by this article, which are or could potentially be discharged to the Borough's sewer system.
H. 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any 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.
I. 
If additional pretreatment and/or operation and maintenance procedures will be required to meet the pretreatment standards, the user shall submit 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 for the applicable pretreatment standard. The following conditions shall apply to this schedule:
(1) 
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.).
(2) 
No increment referred to in Subsection I(1) shall exceed nine months.
(3) 
No 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 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.
J. 
Each product produced by type, amount, process or processes and rate of application.
K. 
Type and amount of raw materials processed (average and maximum per day).
L. 
Number of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
M. 
Any other information as may be deemed by the Borough to be necessary to evaluate the permit application.
The Borough shall review the application for completeness within 60 days of its receipt and notify the applicant, in writing, as to whether the application is considered complete or incomplete. If the application is incomplete, the Borough shall specify the additional information that is required to complete the application and a date for submitting the necessary information. After an application is completed, the Borough may still request additional information but only to clarify, modify or supplement the previously submitted material. If the Borough deems it necessary, a site visit may be scheduled with the applicant to assist the Borough in evaluating the application. Failure or refusal to correct deficiencies in the application within a reasonable time schedule may be cause for permit denial and appropriate enforcement action as provided by this article.
For most applications, the Borough shall issue a draft industrial waste permit or notice of intent to deny a permit within 60 days after receipt of the completed application. The applicant shall be given a minimum thirty-day period to review and comment on the proposed permit or permit denial. Upon request, the Borough shall schedule an informal meeting with the applicant to review the draft permit or proposed permit denial action. In the event that the applicant and Borough representatives cannot come to an agreement on the draft or permit denial, the applicant may request a formal meeting before the entire Council to appeal the permit denial or specific provisions of the draft permit. A request for an appeal must be submitted, in writing, to the Council within 30 days after the informal meeting with Borough representatives. The request shall clearly state the specific action or provision(s) being appealed and the grounds for the appeal. Within 30 days after the close of the applicant's review period or the appeal meeting, the Council shall issue a final industrial waste permit or a final permit denial.
Within nine months of the promulgation of a federal categorical pretreatment standard, the industrial waste permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Within 180 days after the effective date of the applicable federal categorical pretreatment standard, any user who has not previously submitted an application for an industrial waste permit as required by § 115-38 of this article shall submit to the Borough an application for an industrial waste permit and a baseline monitoring report as required by 40 CFR, Part 403, Section 403.12(b). Within 180 days after the effective date of the applicable federal categorical standard, any user with an existing industrial waste permit shall submit to the Borough a baseline monitoring report including the information required by Subsections H and I of § 115-38.
Industrial waste permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Borough. Permits may contain the following:
A. 
The unit charge or schedule of user charges and fees for accepting the industrial wastewater discharge to the sewage treatment plants.
B. 
Limits on the average and maximum wastewater constituents and characteristics.
C. 
Limits on average and maximum rate and time of discharge or requirements for flow regulation 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 test 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 and affording Borough access thereto.
I. 
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 sewage treatment plants.
J. 
Requirements for notification of slug or accidental discharges.
K. 
Other conditions as deemed appropriate by the Borough to ensure compliance with this article.
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 terms and conditions of the permit may be subject to modification by the Borough during the term of the permit if the limitations or requirements identified in §§ 115-28 and 115-29 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 any change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, if necessary.
A user with a currently effective permit shall submit a new permit application to the Borough at least 180 days before the expiration date of the existing permit, unless provisions for a later date has been granted by the Borough. The terms and conditions of the existing permit shall remain fully effective and enforceable until the effective date of a new permit, provided that the permittee has properly submitted a complete application for permit renewal within the specified time period and the Borough has not revoked the existing permit or denied the permit renewal in accordance with the provisions of this article.
Industrial waste permits are issued to a specific user for a specific operation. A permit shall not be reassigned or transferred or sold to a new owner, new user, 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 permit until such time that a new permit is issued by the Borough.
When required by the Borough, any person discharging industrial wastewater to the Masontown sewage treatment plants shall install a suitable manhole or manholes on his connecting sewer or sewers to facilitate observation, sampling and measurement of the combined flow of wastes from the user's premises to monitor compliance. Alternate sampling or flow monitoring facilities or arrangements may be acceptable to the Borough under certain conditions and will be considered on a case-by-case basis. Such monitoring facilities shall be accessible and safely located and shall be constructed in accordance with plans acceptable to the Borough. All such monitoring facilities shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible to the Borough or its authorized representative at all times.
The Authority shall have the right to inspect any industrial user's premises or facilities to ascertain whether the purpose of this article 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 authorized representative(s) ready access at all reasonable times to all parts of the premises necessary for the purpose 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 a user 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 such that upon presentation of suitable identification, personnel from the Borough, or designated representatives of the Borough, will be permitted to enter the premises without unreasonable delay, for the purposes of performing their specific responsibilities.
Users shall provide any necessary wastewater treatment or pretreatment facilities required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Borough shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review and shall be acceptable to the Borough before construction of the facility. The acceptance of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Borough prior to the users initiation of the changes.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to determine to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article and/or the National Pollutant Discharge Elimination System (NPDES) permit; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the Borough as confidential shall not be transmitted to any governmental agency by the Borough until after a minimum ten-day notification is given to the user.
All users subject to this article shall retain and preserve for no less than five years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of enforcement or litigation activities brought by the UCC pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation have expired.
The Borough may, upon informal notice to an industrial user, order the user to immediately halt or prevent any discharge to the sewage treatment plants which, in the opinion of the Borough, reasonably appears to present an imminent endangerment to the health or welfare of persons. For the purpose of this article, informal notice to an industrial user may be issued by a telephone call, an on-site inspection/visit, a cease and desist order, or any combination of these methods.
In the event that an industrial user should fail to voluntarily comply with an emergency order to immediately halt or prevent a discharge to the sewage treatment plant pursuant to § 115-51, the Borough shall take whatever action deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewage treatment plant or the endangerment of any individuals. The costs associated with any such emergency action shall be assessed to the industrial user, and the Borough shall not be responsible for any damages, including loss of income, as a result of such emergency action.
The Borough shall authorize permission to resume a discharge that has been halted under the emergency action provisions of § 115-51 upon satisfactory proof that the imminent danger has been eliminated. Within 10 days after the date of any such emergency action, the industrial user shall submit to the Borough a detailed written statement describing the cause or causes of the harmful contribution that necessitated the emergency action and the measures that will be taken to prevent any future occurrence of the incident.
The conditions and requirements of this article are applicable to all permitted industrial users and shall be incorporated into the user's permit either expressly or by reference. The permittee has a duty to comply with all of the conditions of this article. Any noncompliance constitutes a violation of this article and is subject to appropriate enforcement action including, but not limited to, permit revocation or denial of a permit renewal application.
The Borough may revoke an industrial user's permit and suspend wastewater treatment service, or deny a permit renewal application, for any of the following causes:
A. 
Determination by the Borough that the discharge presents or may present an endangerment to the environment or which threatens to interfere with the operation of the sewage treatment plants.
B. 
Failure of the user to disclose fully all relevant facts during the permit application or issuance process or the user's misrepresentation of any relevant facts at any time.
C. 
Falsifying monitoring or compliance reports or tampering with or knowingly rendering inaccurate any monitoring device or method required to be maintained under the user's permit.
D. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
E. 
Willful and knowing failure to comply with any conditions of the user's permit or this article.
In the event of a nonemergency situation, where the Borough has determined that a user's discharge presents or may present a threat to the environment or the operation of the sewage treatment plant, or where revocation of a user's industrial waste permit is warranted as an enforcement action, the Borough shall, after formal written notification to the affected user and provision of ample opportunity for the user to respond, require the user to halt or prevent the discharge to the sewage treatment plants.
Whenever the Borough determines that an industrial user has violated or is violating any prohibitions, limitations or requirements of the user's permit or this article, the Borough may issue, by certified mail, a formal written notification stating the nature of the violation. The user shall be afforded a minimum period of 30 days after the receipt of the notification of violation within which to correct the deficiency or violation or to submit to the Borough a proposed corrective action plan and schedule for correcting the violation in the shortest time possible.
In the case of procedure violations, an industrial user may correct the violation by fulfilling the duties or requirements that are deficient. The Borough shall review the corrective action taken by the user to determine whether or not the violation has been adequately corrected. Failure to correct a violation within a reasonable time period may result in further enforcement action.
In the case of discharge violations, the industrial user may correct the violation by process modifications or implementing appropriate pretreatment technology. The Borough shall review the proposed corrective action plan and schedule submitted by the user to determine whether or not the plan is adequate to correct the violation and consistent with the objectives of any applicable federal pretreatment standards and the general pretreatment regulations. The Borough may require modifications to the plan and schedule, including the submission or interim progress reports, to verify correction of the violation within an appropriate compliance schedule. The Borough may modify the user's permit to incorporate a reasonable schedule of compliance to implement an acceptable corrective action plan.
Except in the case of emergency situations subject to the provisions of § 115-51 of this article, whenever the Borough deems it necessary to take enforcement action, including revocation of the user's permit, under the provisions of this article, the Borough may issue the affected user a formal written notification of the proposed enforcement action by certified mail. Such notice shall state the basis for the proposed action and the reasons for Borough's tentative action.
The industrial user shall be afforded a minimum period of 30 days within which to comment on the proposed action and to submit to the Borough a written request for a meeting with the Borough to appeal the proposed action. All requests for an appeal meeting shall clearly state the specific action or provision(s) of the proposed action that is being appealed and the grounds upon which the appeal is based. Any supporting evidence that is relevant to the appeal must also be submitted with the request for appeal. The Borough may deny the appeal request on the basis of insufficient grounds or may schedule a meeting for the user to present to appeal to the Borough. As soon as practicable after the conclusion of the review period or the appeal meeting, the Borough shall issue to the user a formal written notification of the intended enforcement action and their conclusions.
If any person discharges sewage, industrial wastes or other wastes into the Borough's sewage treatment plants contrary to the provisions of this article, federal or state pretreatment requirements or any order of the Borough, the Borough's attorney may commence an action for appropriate legal and/or equitable relief of the (circuit) court of this county or in the office of a District Justice.
A. 
Any user who is found to have violated an order of the Borough or who willfully or negligently failed to comply with any provision of this article and the orders, rules, regulations and permits issued hereunder shall be punished for each offense by a fine of not less than $100 nor more than $300 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment, at the discretion of the court. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Borough may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit or law against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.
B. 
Any user violating any of the provisions of this article or who discharges or causes a discharge which produces a deposit or obstruction or otherwise causes damage to or impairs the operation of the Borough's sewage treatment plants shall be liable to the Borough for any expense, loss or damage caused by such violation or discharge, including any fines and penalties that are imposed upon the Borough by the EPA or DEP as a result of such violation or discharge. The Borough shall bill the user for all costs, including legal, engineering and administrative costs, incurred by the Borough for any cleaning, repair or replacement work or any fines and penalties imposed on the Borough caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this article and shall be enforceable under the provisions of this article.
C. 
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 the industrial waste permit or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article or the industrial waste permit shall, upon conviction, be punished by a fine of not more than $100 or by imprisonment for not more than six months, or by both such fine and imprisonment, at the discretion of the court.
A. 
Each sewerage service charge or surcharge required by this article shall be a debt due the Borough. If any rate or charge so established is not paid within 30 days after it is due and payable, the total amount thereof, together with a penalty of 5% plus 1% for each month thereafter and a reasonable attorney's fee, may be recovered by the Borough in a civil action.
B. 
In the event of failure to pay the sewer service charge or surcharge after they become delinquent, the Borough shall be authorized to remove or close the sewer connection and shall have the right to enter upon the property of the user of the service for such purpose and to take such steps as may be necessary to accomplish such removal or closing, and the cost of such removal or closing, as well as the expense of restoring any such service, shall likewise be a debt due the Borough and may be recovered by civil action in the name of the Borough, and such sewage service shall not again be turned on, nor the sewage connection restored until all service charges, including the expense of removal, closing and restoration shall have been paid. Change of ownership or occupancy of premises found delinquent shall not be cause of reducing or eliminating these penalties.
C. 
All charges, surcharges and fees assessed by the Borough under this article are hereby made a charge against the property and a lien thereon may be levied and collected against the property in the name of the owner or reputed owner, occupier, mortgagee or anyone beneficially interested therein, as claims are liened and collected under the Municipal Claims Law of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.