[Amended 8-6-1979 by Ord.
No. 5-79; 5-5-1980 by Ord. No. 3-80; 6-4-1984 by Ord. No. 7-84; 7-2-1984 by Ord. No. 8-84; 6-3-1985 by Ord. No. 6-85]
A.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW, whether or not the user is subject
to National Categorical Pretreatment Standards or any other national,
state or local pretreatment standards or requirements. An industrial
user may not contribute the following substances to any POTW:
(1)
Any liquids, solids or gases which, by reason of their nature or
quantity, are or may be sufficient, either alone or by interaction
with other substances, to cause fire or explosion or to be injurious
in any other way to the POTW or to the operation of the POTW. At no
time shall two successive readings on an explosion hazard meter at
the point of discharge into the system (or at any point in the system)
be more than 5% nor any single reading be over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include but are not
limited to gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other substances
which the Borough, the state or EPA has notified the user is a fire
hazard or a hazard to the system.
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities, such as but not limited to grease, garbage with
particles greater than 1/2 inch in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains,
spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud
or glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 6.0 or greater than 9.0 or wastewater
having any other corrosive property capable of causing damage or hazard
to structures, equipment and/or personnel of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, to constitute a hazard
to humans or animals, to create a toxic effect in the receiving waters
of the POTW or to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to Section 307(a) of
the Act.
(5)
Any noxious or malodorous liquids, gases or solids which either singly
or by interaction with other wastes are sufficient to create a public
nuisance or hazard to life or are sufficient to prevent entry into
the sewers for maintenance and repair.
(6)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludges or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act; any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act or the
Toxic Substances Control Act; or state criteria applicable to the
sludge management method being used.
(7)
Any substance which will cause the POTW to violate its NPDES and/or
state disposal system permit or the receiving water quality standards.
(8)
Any wastewater with objectionable color not removed in the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature at the point of user discharge
higher than 65° C. (150° F.) or having a temperature which
will inhibit biological activity in the POTW treatment plant resulting
in interference, but in no case wastewater with a temperature at the
introduction into the POTW which exceeds 40° C. (104° F.).
(10)
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which
a user knows or has reason to know will cause interference to the
POTW. In no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
(11)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Manager in compliance with applicable state or federal regulations.
(12)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
B.
When the Manager determines that an industrial user(s) is contributing
to the POTW any of the above-enumerated substances in such amounts
as to interfere with the operation of the POTW, the Manager shall
advise the industrial user(s) of the impact of the contribution on
the POTW; and develop effluent limitation(s) for such industrial user
to correct the interference with the POTW.
Upon the promulgation of the Federal Categorical Pretreatment
Standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this chapter for
sources in that subcategory, shall immediately supersede the limitations
imposed under this chapter.
Where the Borough's wastewater treatment system achieves
consistent removal of pollutants limited by Federal Pretreatment Standards,
the Borough may apply to the Pennsylvania Department of Environmental
Resources for modification of specific limits in the Federal Pretreatment
Standards. "Consistent removal" shall mean reduction in the amount
of a pollutant or alteration of the nature of the pollutant by the
wastewater treatment system to a less toxic or harmless state in the
effluent, which is achieved by the system, in 95% of the samples taken,
when measured according to the procedures set forth in Section 403.7(c)(2)
of Title 40 of the Code of Federal Regulations, Part 403, General
Pretreatment Regulations for Existing and New Sources of Pollution,
promulgated pursuant to the Act. The Borough may then modify pollutant
discharge limits in the Federal Pretreatment Standards if the requirements
contained in 40 CFR 403.7, are fulfilled and prior approval from the
Pennsylvania Department of Environmental Resources is obtained.
No person shall discharge wastewater containing in excess of
the following:
|
Pollutant
|
Maximum Allowable Concentration
(mg/l)
| |
|---|---|---|
|
Arsenic
|
0.02
| |
|
Cadmium
|
0.02
| |
|
Copper
|
0.25
| |
|
Cyanide
|
0.1
| |
|
Lead
|
0.4
| |
|
Mercury
|
0.01
| |
|
Nickel
|
0.2
| |
|
Silver
|
0.05
| |
|
Total chromium
|
0.3
| |
|
Zinc
|
0.5
| |
|
Total identifiable chlorinated hydrocarbons
|
0.1
| |
|
Phenolic compounds which cannot be removed by the Borough's
wastewater treatment processes
|
1
|
State requirements and limitations on discharges shall apply
in any case where they are more stringent than federal requirements
and limitations or those in this chapter.
[Amended 4-5-1993 by Ord.
No. 1-93]
The Borough reserves the right to establish by ordinance more
stringent limitations or requirements on discharges to the wastewater
disposal system if deemed necessary to comply with the objectives
of this chapter.
No user shall ever increase the use of process water or in any
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards or in
any other pollutant-specific limitation developed by the Borough or
state.
A.
Each industrial user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this chapter.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or industrial
user's own cost and expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the Borough for review and shall be approved by the Borough before
construction of the facility. All existing significant industrial
users shall complete such a plan by October 1, 1985. No industrial
user who commences contribution to the POTW after the effective date
of this chapter shall be permitted to introduce pollutants into the
system until accidental discharge procedures have been approved by
the Borough. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of
this chapter. In the case of an accidental discharge, it is the responsibility
of the industrial user to immediately telephone and notify the POTW
of the incident. The notification shall include location of discharge,
type of waste, concentration and volume and corrective actions.
B.
Written notice. Within five days following an accidental discharge,
the industrial user shall submit to the Manager a detailed written
report describing the cause of the discharge and the measures to be
taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any expense,
loss, damage or other liability which may be incurred as a result
of damage to the POTW, fish kills or any other damage to person or
property, nor shall such notification relieve the industrial user
of any fines, civil penalties or other liability which may be imposed
by this article or other applicable law.
C.
Notice to employees. A notice shall be permanently posted on the
industrial user's bulletin board or other prominent place advising
employees whom to call in the event of a dangerous discharge. Employers
shall insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
A.
It is the purpose of this chapter to provide for the recovery of
costs from industrial users of the Borough's wastewater disposal
system for the implementation of the program established herein. The
applicable charges or fees shall be set forth in the Borough's
Schedule of Charges and Fees.[1]
[1]
Editor's Note: The Schedule of Charges and Fees is on
file in the Borough offices.
B.
Charges and fees.
(1)
The Borough may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up and operating
the Borough's pretreatment program.
(b)
Fees for monitoring, inspections and surveillance procedures.
(c)
Fees for reviewing accidental discharge procedures and construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal (by the Borough) of pollutants otherwise
subject to Federal Pretreatment Standards.
(g)
Other fees as the Borough may deem necessary to carry out the
requirements contained herein.
(2)
These fees relate solely to the matters covered by this chapter and
are separate from all other fees chargeable by the Borough.
It shall be unlawful to discharge without a Borough permit to
any natural outlet within the Borough of Boyertown or in any area
under the jurisdiction of said Borough, and/or to the POTW any wastewater
except as authorized by the Manager in accordance with the provisions
of this chapter.
A.
General permits. All significant industrial users proposing to connect
to or to contribute to the POTW shall obtain a wastewater discharge
permit before connecting to or contributing to the POTW. All existing
significant industrial users connected to or contributing to the POTW
shall obtain a wastewater contribution permit within 180 days after
the effective date of this chapter.
B.
Permit application.
(1)
Industrial users required to obtain a wastewater contribution permit
shall complete and file with the Borough an application in the form
prescribed by the Borough and accompanied by a fee as set forth from
time to time by resolution of the Borough Council. Existing significant
industrial users shall apply for a wastewater contribution permit
within 30 days after the effective date of this chapter, and proposed
new industrial users shall apply at least 90 days prior to connecting
to or contributing to the POTW. In support of the application, the
industrial user shall submit, in units and terms appropriate for evaluation,
the following information:
[Amended 4-5-1993 by Ord.
No. 1-93]
(a)
Name, address and location (if different from the address).
(b)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics, including but not
limited to those mentioned in this chapter 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 Act and contained in 40 CFR 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation.
(g)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged.
(h)
Where know, the nature and concentration of any pollutants in
the discharge which are limited by any Borough, state or Federal Pretreatment
Standards, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment
is required for the user to meet applicable pretreatment standards.
(i)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the
user will provide such additional pretreatment. The completion date
in this schedule shall not be later than the compliance date established
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 B(1)(i)[1] above 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 Manager, 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 Manager.
(j)
Each product produced by type, amount, process or processes
and rate of production.
(k)
Type and amount of raw materials processed (average and maximum
per day).
(l)
Number and type 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.
(2)
The Borough will evaluate the data furnished by the industrial user
and may require additional information. After evaluation and acceptance
of the data furnished, the Borough may issue a wastewater contribution
permit subject to terms and conditions provided herein.
C.
Permit modification. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection B above, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Manager, within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by Subsection B(1)(h) and (i) above.
D.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this chapter and all other applicable
regulations, user charges and fees established by the Borough. Permits
may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents and characteristics.
(3)
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(6)
Compliance schedules.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Borough and affording
Borough access thereto.
(9)
Requirements for notification of the Borough or any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
(10)
Requirements for notification of slug discharges.
[Amended 4-5-1993 by Ord.
No. 1-93]
(11)
Other conditions as deemed appropriate by the Borough to ensure
compliance with this chapter.
E.
Permit duration. Permits shall be issued for a specified time period,
not to exceed three years. A permit may be issued for a period less
than a year or may be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the Borough during
the term of the permit as limitations or requirements are modified
or other just cause exists. The user shall be informed of any proposed
changes in his permit at least 30 days prior to the effective date
of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
[Amended 4-5-1993 by Ord.
No. 1-93]
F.
Permit transfer. Wastewater discharge permits are issued to a specific
industrial user for a specific operation. A wastewater discharge 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.
Reporting requirements for permittees subject to national prohibitive
discharge standards are as follows:
A.
Compliance date report. Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Manager a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by pretreatment standards and requirements and the average
and maximum daily flow for these process units in the user facility
which are limited by such pretreatment standards or requirements.
The report shall state whether the applicable pretreatment standards
or requirements are being met on a consistent basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the user
into compliance with the applicable pretreatment standards or requirements.
This statement shall be signed by an authorized representative of
the industrial user and certified to by a qualified professional.
B.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW shall submit to the Manager during the months of June and December, unless required more frequently in the pretreatment standard or by the Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Subsection A of this section. At the discretion of the Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Manager may agree to alter the months during which the above reports are to be submitted.
[Amended 4-5-1993 by Ord.
No. 1-93]
(2)
The Manager may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass, where requested by the Manager, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
A.
The Borough shall require to be provided and operated at the industrial
user's own expense monitoring facilities to allow inspection,
sampling and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility should normally be situated
on the user's premises, but the Borough may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Borough's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Borough.
The Borough shall inspect the facilities of any user to ascertain
whether the purpose of this chapter is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Borough or its representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or in
the performance of any of their duties. The Borough, Pennsylvania
Department of Environmental Resources and EPA 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 so that upon presentation of suitable identification, personnel
from the Borough, approval authority and EPA will be permitted to
enter, without delay, for the purposes of performing their specific
responsibilities.
A.
Users shall provide necessary wastewater treatment as required to
comply with this chapter 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 review 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 chapter. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Borough prior to the user's initiation of the changes.
B.
The Borough shall annually publish in a newspaper of general circulation
a list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the 12 previous months.
The notification shall also summarize any enforcement actions taken
against the user(s) during the same 12 months.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or Pennsylvania Department
of Environmental Resources upon request.
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 demonstrate
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 chapter, the National Pollutant Discharge Elimination System
(NPDES) permit, state disposal system permit and/or the pretreatment
programs; 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 or to the general public by
the Borough until and unless a ten-day notification is given to the
user.
A.
The Borough may suspend the wastewater treatment service and/or a
wastewater contribution permit when such suspension is necessary,
in the opinion of the Borough, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
causes interference to the POTW or causes the Borough to violate any
condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Borough shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Borough shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Borough within 15
days of the date of occurrence.
Any industrial user who violates the following conditions of this chapter or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of Article IV of this chapter:
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge;
B.
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
D.
Violation of conditions of the permit.
Whenever the Borough finds that any user has violated or is
violating this chapter, wastewater contribution permit or any prohibition
or limitation of requirements contained herein, the Borough may serve
upon such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Borough by the user.
A.
The Borough may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Borough Council
why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the time and place of a hearing
to be held by the Borough Council regarding the violation, the reasons
why the action is to be taken and the proposed enforcement action
and directing the user to show cause before the Borough Council why
the proposed enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days before the hearing.
Service may be made on any agent or officer of a corporation.
B.
The Borough Council may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee of
the assigned department to:
(1)
Issue in the name of the Borough Council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough Council
for action thereon.
C.
At any hearing held pursuant to this chapter, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
D.
After the Borough Council has reviewed the evidence, it may issue
an order to the user responsible for the discharge directing that,
following a specified time period, the sewer service shall be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances and are properly operated. Further
orders and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other
wastes into the Borough's wastewater disposal system contrary
to the provisions of this chapter, federal or state pretreatment requirements
or any order of the Borough, the Borough Attorney may commence an
action for appropriate legal and/or equitable relief in the Common
Pleas Court of this county.
[Amended 4-5-1993 by Ord.
No. 1-93]
Any user who is found to have violated an order of the Borough
Council or who willfully or negligently failed to comply with any
provision of this chapter and the orders, rules, regulations and permits
issued hereunder shall be fined not less than $100 nor more than $600
for each offense. 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 attorneys'
fees, court costs, court reporters' fees and other expenses of
litigation by appropriate suit at law against the person found to
have violated this chapter or the orders, rules, regulations and permits
issued hereunder.
[Amended 4-5-1993 by Ord.
No. 1-93]
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 chapter
or wastewater contribution permit or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required
under this chapter shall, upon conviction, be punished by a fine of
not more than $600 or by imprisonment for not more than 90 days, or
by both.
