[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.
ABNORMAL INDUSTRIAL WASTE
BOD OF SEWAGE or INDUSTRIAL WASTE
BOROUGH
BUILDING
C.B.O.D. OF SEWAGE OR INDUSTRIAL WASTE
CATEGORICAL STANDARDS
COMBINED SEWER
COST
COUNCIL
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY (EPA)
FEDERAL CATEGORICAL PRETREATMENT STANDARD or FEDERAL PRETREATMENT
STANDARD
GARBAGE
GRAB SAMPLE
INDUSTRIAL USER
INDUSTRIAL WASTE DISCHARGE PERMIT
INDUSTRIAL WASTES
INFILTRATION
INFLOW
LATERAL TESTING
LATERALS
LATEST EDITION OF STANDARD METHODS FOR THE EXAMINATION OF WATER
AND WASTEWATER (PUBLISHED BY THE AMERICAN PUBLIC HEALTH ASSOCIATION)
LOWER LATERAL
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
OCCUPIED BUILDING
PASS-THROUGH
PERSON
pH
POLLUTANT
PRESSURE TEST
(1)
(2)
PRETREATMENT or TREATMENT
PROPERLY SHREDDED GARBAGE
QUALIFIED CONTRACTOR
S.T.P. or SEWAGE TREATMENT PLANT
SANITARY SEWAGE OR SEWAGE
SANITARY SEWER
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORM SEWER
STORMWATER RUNOFF
SUSPENDED SOLIDS
TOXIC POLLUTANT
UNPOLLUTED WATER or WASTE
UPPER LATERAL
USER
WATER AUTHORITY
Unless the context specifically indicates otherwise, the following
words and terms used in this article shall have the following meanings:
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.
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.
The Borough of Masontown, situated in Fayette County, Pennsylvania.
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.
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.
The Federal Categorical Pretreatment Standards.
A sewer designed to receive both sewage and stormwater runoff
which has been approved for such purpose.
Includes any or all legal fees, engineering fees and additional
expense incurred by the Borough.
The elected members of the Borough of Masontown, as now or
hereafter constituted, and its duly authorized agents or representatives.
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.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
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.
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.
Solid wastes, shredded or otherwise, from the preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
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.
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:
Any liquid, gaseous or waterborne wastes from industrial
processes or commercial establishments as distinct from normal domestic
or sanitary sewage.
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.
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.
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]
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]
The latest edition published and current at the time the
determination of any analysis required is to be made.
That portion of the sanitary service lateral typically constructed
and maintained by the Borough of Masontown.
[Added 8-10-2021, approved 8-10-2021]
A permit issued by the DEP pursuant to Section 402 of the
Act (33 U.S.C. § 1342).
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.
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.
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.
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.
Includes natural persons, partnerships, associations and
corporations, public or private.
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.
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.
A method to determine any infiltration in a lateral sewer
utilizing either of the following methods:
[Added 8-10-2021, approved 8-10-2021]
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.
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.
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).
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.
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]
The Masontown sewerage treatment plants.
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.
A sewer which carries sewage and to which storm-, surface-
and groundwaters are not intentionally admitted.
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.
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.
That portion of the rainfall which reaches a channel, trench
or sewer.
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.
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.
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.
That portion of the sanitary service lateral owned and maintained
by the user.
[Added 8-10-2021, approved 8-10-2021]
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's S.T.P.
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.
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:
(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.
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.).
(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.
