[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-19-1968 by Ord. No. 592 (Ch. 1046 of the 1979 Codified Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be known and may be cited as the "Borough of Bellefonte Ordinance Implementing the Pennsylvania Sewage Facilities Act."
Editor's Note: See 35 P.S. § 750.1 et seq.
The President and Secretary of the Bellefonte Borough Council are hereby authorized and directed to execute, on behalf of the Borough of Bellefonte, Articles of Incorporation for said authority in the form required by said Act, which Articles of Incorporation shall set forth among other things:
That the name of said authority is "Bellefonte Borough Authority."
That said authority is formed under the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended.
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
That no other authority organized under said Act or under the Act of June 28, 1935, P.L. 463, is in existence in and for the incorporating municipality other than the Bellefonte Borough Authority heretofore organized pursuant to creation by Borough Council on August 15, 1938, amended 3-16-1966 by an unnumbered resolution; 4-4-1966 by Ord. No. 540; and 7-17-1967 by Ord. No. 577. Ordinance No. 975, adopted October 5, 1987, amended the Articles of Incorporation of the Authority.
That the names of the incorporating municipality under the Authority is the Borough of Bellefonte situated in Centre County, Pennsylvania.
That there shall be seven members of the Board of the Authority. All appointments are made by the Borough of Bellefonte's Borough Council.
The Authority shall be responsible for developing a manual of rules and regulations.
Every owner of property in the Borough whose property abuts upon any public sanitary sewer constructed or to be constructed as a part of the Borough's sewerage system shall connect, at his own cost, the house, building and other structures on the property with the aforementioned public sanitary sewer upon completion of its construction for the purpose of disposing of all acceptable sanitary sewage emanating from such property.
No owner, lessee or occupier of any property in the Borough abutting upon any public sanitary sewer upon completion of its construction shall employ any means, either by septic tank, cesspool, privy vault, mine hole or otherwise, for the disposal of acceptable sanitary sewage other than into and through such public sanitary sewer.
No privy vault, cesspool, septic tank, mine hole or similar receptacle for human excrement shall at the present time or at any time hereafter be connected with a public sanitary sewer.
No person whose property is connected to a public sanitary sewer shall connect any roof drain thereto, or permit any roof drain to remain connected thereto, or permit, allow or cause to enter into such public sanitary sewer any stormwater, foundation drain water, spring water, surface water or any sewage or industrial waste from any property other than that for which a permit is issued.
If an owner of any occupied house, building or structure in the Borough neglects or refuses to comply with the provisions of this article after written notice, the Borough may perform or cause to be performed such work and labor and furnish or cause to be furnished such material as may be necessary to comply with the provisions of this article, at the cost and expense of such owner or owners, together with 10% additional thereof and all charges and expenses incidental thereto, which sum shall be collected from such owner for the use of the Borough as debts are by law collectible, or the Borough may, by its proper officer, file a municipal claim or lien therefor against such premises as provided by law. Such remedies shall be in addition to any penalty provided.
Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public and governmental agencies without restriction, unless the user specifically requests confidentiality 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. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or the approval authority, upon request.
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, the NPDES permit, the 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.
Information accepted by the Borough as confidential shall not be transmitted to the general public by the Borough, except that any effluent data shall remain available without limitation. The Borough may provide such information to the United States Environmental Protection Agency without notice, provided that said agency maintains such information in accordance with the procedures contained in 40 CFR, Subpart B, 2.201 et seq. Such information may be provided to the Pennsylvania Department of Environmental Protection without notice, provided that said agency agrees in writing to abide by the procedures contained in 40 CFR, Subpart B, 2.201 et seq.
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 danger to the health or welfare of persons or to the environment, may cause interference with the POTW, or may cause the Borough to violate any condition of its NPDES permit.
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. If the person fails to voluntarily comply with the suspension order, the Borough shall take such steps as it deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or danger to any individual. The Borough may 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 the occurrence.
The Borough may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause to 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 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 to 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.
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:
Issue, in the name of Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
Take the evidence.
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to Council for action thereon.
At any hearing held pursuant to this article, 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 therefor.
After Council has reviewed the evidence, it may issue an order to the user responsible for the discharge, directing that the sewer service be discontinued following a specified time period unless adequate treatment facilities, devices or other related appurtenances are installed or unless existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial waste or other waste into the Borough's wastewater disposal system contrary to any of the provisions of this article, federal or state pretreatment requirements, or any order of the Borough, the Borough Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Centre County and/or in any other forum having jurisdiction.
The names of any users deemed to be significant violators of any of the provisions of this article shall be listed in the largest daily newspaper in circulation in the Borough. A significant violator is a user who or which is responsible for one or more of the following:
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all pollutants except pH).
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or passthrough (including endangering the health of POTW personnel or the general public).
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or that has resulted in the PTOW's exercise of its emergency authority under § 455-9 to halt or prevent such a discharge.
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with the compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
No person shall knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or pursuant to a wastewater contribution permit. No person shall falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this article.
In the event of a conflict between any of the provisions of this article and a provision of any other ordinance, resolution, rule or regulation of the Borough, the provision of this article shall prevail.
[Adopted 8-18-1986 by Ord. No. 960 (Ch. 1045 of the 1979 Codified Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be known as the "Joint Municipal Pretreatment Agreement Ordinance."
This article is adopted pursuant to the authorization contained in Act No. 177 of December 19, 1996, P.L. 1158, 53 Pa.C.S.A. § 2301 et seq., and the Municipality Authorities Act, being the Act of June 19, 2001, P.L. 287, 53 Pa.C.S.A. § 5601 et seq.
As used in this article, the following terms shall have the meanings indicated:
- The Spring-Benner-Walker Joint Authority.
- The Borough of Bellefonte.
- Any one of the Townships of Spring, Benner and Walker or the Borough of Bellefonte, except as the context clearly indicates otherwise.
- Any one of the Townships of Spring, Benner and Walker, unless the context clearly indicates otherwise.
The conditions of the joint adoption of this article are as follows:
That this article shall become effective upon the adoption of the same by all the Townships of Spring, Benner and Walker and the Borough of Bellefonte;
That the Spring-Benner-Walker Joint Authority and the Bellefonte Borough Authority accept the responsibility as the agencies within their respective areas to provide for enforcement of this article and that the cost of the enforcement be paid by such authorities; and
That the Spring-Benner-Walker Joint Authority and the Bellefonte Borough Authority adopt a set of rules and regulations which shall include the provisions of this article.
The purpose and objectives of this article are:
To meet the requirements imposed by the federal government so that the Spring-Benner-Walker Joint Authority's sewage collection system can continue to flow into the Bellefonte Borough Authority's wastewater treatment plant;
To provide uniform ordinances, rules, regulations and enforcement procedures for the intermunicipal area affected;
To provide for enforcement of this article by the Spring-Benner-Walker Joint Authority; and
To place the cost of the enforcement of this article upon the users of the Authority's system for whose benefit it is enacted by providing that the Authority shall be liable and responsible to act as the agent of the municipalities to enforce this article.
Each municipality agrees to pay the cost of enactment of this article. The Spring-Benner-Walker Joint Authority is designated as the code enforcement agency for the joint administration of this article in the Townships of Spring, Benner and Walker. The sole purpose for the enactment of the regulations contained in this article is for the benefit of the users of the Authority's wastewater collection system. The Authority accepts its designation as the code enforcement agency and agrees to be responsible for the enforcement of this article. All salaries, fees, costs, expenses or other resources expended in the enforcement of this article shall be the responsibility of the Authority. The Spring-Benner-Walker Joint Authority agrees to hold each and all municipalities herein harmless and to indemnify them for any loss or expense arising from the enforcement or failure to enforce this article.
The Spring-Benner-Walker Joint Authority is hereby designated as the code enforcement agency for the administration and enforcement of this article in the Spring, Benner and Walker Townships. The Spring-Benner-Walker Joint Authority shall be responsible for the assignment of duties to such employees as it deems necessary to accomplish the objectives of this article and to enforce its provisions.
All property, whether real or personal, which is acquired or managed by the Spring-Benner-Walker Joint Authority in the administration or enforcement of this article shall become the property of such Authority. All expenses and liabilities of whatever nature arising from the administration and enforcement of this article shall be the responsibility of the Authority.
This article shall remain in effect so long as:
This article may be amended by the adoption of identical amendments by all the municipalities and concurrence by the Spring-Benner-Walker Authority and the Bellefonte Water Authority.
The Townships of Spring, Benner and Walker, and Bellefonte Borough shall periodically (at least once every three years) review this article and jointly draft and adopt amendments to this article when necessary or advisable to ensure the effective administration and operation of the pretreatment program. Whenever the Bellefonte Water Authority or the Spring-Benner-Walker Joint Authority becomes aware of a problem with the pretreatment program which can be mitigated by a change in this article, the authorities may draft a joint amendment which the authorities agree to adopt into their respective rules and regulations and submit the same to the townships and borough to ordain, which amendments shall become effective upon the ordaining of the same by all three townships and the borough.
If there is an industrial user discharging into the Authority's sewerage system, but located outside the jurisdictional limits of the Authority, then the Authority shall negotiate and enter into an agreement with the outside jurisdiction. Such agreement shall be substantially equivalent to this article and shall be jointly executed by the Authority, the municipalities and the outside jurisdiction. If the outside jurisdiction refuses to negotiate and execute an agreement, then the Authority shall enter into a contract with the industrial user which contains terms and conditions substantially equivalent to the Authority's industrial discharge permits.
The Authority shall file with the Borough a certified copy of its ordinance and any amendments thereto, other interjurisdictional agreements, each industrial waste discharge permit issued, and any contract entered into for the purpose of industrial waste control. The Authority shall provide the Borough access to and copies of, if requested, all industrial monitoring reports, including 40 CFR 403.12 compliance reports, self-monitoring reports, baseline reports, records of violations and actions taken, and any other monitoring or reporting requirements imposed by federal, state or local regulations. These records and other relevant information shall be maintained for at least three years.
Any authorized officer or employee of the Borough may enter and inspect at any reasonable time any part of the sewerage system of the Authority. The right of entry and inspection shall extend to public streets, easements and property within which the system is located. Additionally, the Borough shall be permitted, as appropriate, to enter onto private property to inspect industrial waste dischargers. The Authority shall make all necessary legal and administrative arrangements, including the procurement of search warrants, for these inspections. The right of inspection shall include on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing and access to (with the right to copy) all pertinent compliance records located on the premises of the industrial user.
The Authority and the Borough may enter into a pretreatment agreement providing the Borough with the legal authority and responsibility for performance of technical and administrative activities necessary for implementation of a pretreatment program within the Authority's jurisdiction. These activities may include, among others:
Where pretreatment delegation occurs, the Borough shall assess the Authority the cost incurred by the Borough in conjunction with the administration of the pretreatment program on behalf of the Authority, including costs of overhead insurance and maintenance personnel. The Borough shall provide the Authority with a detailed accounting of the pretreatment costs so assessed.
The Borough shall review the Authority's rules and regulations and the townships' ordinances and any amendments thereto. The Borough shall further review any interjurisdictional agreements by or among the parties hereto. Such ordinances, rules, regulations and interjurisdictional agreement shall be reviewed for conformance with 40 CFR, Part 403, to ensure inclusion of all other legal provisions mandated by this agreement. The Borough shall periodically review the enforcement efforts of the Authority to ascertain whether or not the pretreatment requirements are being diligently enforced.
To the extent that the Authority chooses to administer its own pretreatment program, the Borough may periodically review the Authority's pretreatment program activities and funding to ensure that the Authority and/or the Township and/or any outside jurisdiction is adequately administering its pretreatment program in conformance with the federal pretreatment regulations (40 CFR, Part 403), all commonwealth requirements, all county requirements and all Borough requirements.
If the Borough determines that the Authority has failed or has refused to fulfill any pretreatment obligations, the Borough may develop and issue a remedial plan containing a description of the nature of the pretreatment deficiencies, an enumeration of steps to be taken by the Authority and a time schedule for attaining compliance with all pretreatment requirements. Such plans shall be specifically enforceable in a court of competent jurisdiction, at law or in equity, as the Borough may choose. Where the Authority fails to satisfy the terms of the remedial plan, the Borough may, upon 30 days' written notice, refuse to accept any industrial waste discharges from the Authority.
The Authority shall indemnify the Borough, the Borough Authority and the Townships for all damages, fines, costs, legal fees or other charges incurred as a result of industrial waste discharge from the Authority, and further shall hold harmless and indemnify the municipalities, including the Borough Authority, for all costs incurred on account of the defense of the Borough or the Authority against any claim for injuries or property damage, or for any other matter whatsoever, made by a third party, resulting from the discharge, accidental, negligent or purposeful, from the Authority. The Authority shall reimburse the municipalities for all fines, costs, attorney's fees, charges or damages stemming from injury or property damage to personnel of the municipalities or to third parties; damage to facilities of the municipalities; disruption of treatment processes or operations; degradation of sludge quality; NPDES permit violations; interruption of service to any other customer; and other air, water and sludge quality violations.
When a discharge to the Borough's wastewater treatment system reasonably appears to present an imminent danger to the environment, or threatens damage to any stream into which the wastewater treatment system discharges, or threatens to interfere with the operation of the wastewater treatment system, the Borough may immediately initiate steps to identify the source of the discharge and to halt or prevent such discharge. The Borough may seek such legal or equitable relief as is necessary against the Authority, an outside jurisdiction and/or any industrial user contributing to such emergency condition and may pursue such other self-help remedies as will bring a reasonable judgment, mitigation or a stop to the danger presented by such discharge. The Authority agrees to reimburse the Borough for all costs, legal fees or other charges incident to the implementation of this section if such discharge emanates from the Authority's geographical area and the Authority has failed to take such action necessary to mitigate or eradicate such danger after oral or written notice from the Borough. The Authority, for its part, agrees to act promptly, diligently and immediately to alleviate, mitigate or eradicate any danger to the environment or to the health, safety or welfare of the public or any threat to the operation of the Borough's wastewater treatment facility from any such industrial discharge within its service area.
Each municipality reserves the right to issue zoning or sewage permits to new industrial users if the entire system has the capacity to accept such new users. Such permits may be issued in the properly zoned areas of any of the four municipalities involved, up to the capacity of the system. The permit system shall not be used to favor or detrimentally affect one municipality over another but shall operate equally on all users, industrial or otherwise, regardless of which municipality the user desires to locate in.
Each municipality, by the adoption of this article, adopts the provisions of the ordinance entitled:
"A joint municipal ordinance of the Borough of Bellefonte and the Townships of Spring, Benner and Walker, setting forth uniform requirements from direct and indirect contributors into the wastewater and treatment system of the Borough of Bellefonte, as required by state and federal regulations."
Such ordinance has been adopted by the Borough as Ordinance No. 913, adopted June 18, 1984, and is hereby incorporated herein by reference. Such ordinance shall be adopted together with this article by the Townships of Spring, Benner and Walker and numbered successively.
Upon the adoption of this article by all parties identified herein, an interjurisdictional pretreatment agreement shall be executed by the proper officers of the Borough, as directed by Council, on behalf of the Borough, which agreement shall incorporate therein the provisions of this article.
[Added 10-19-2015 by Ord. No. 10192015-02]
The following pollutant limits are hereby established to assure biosolids quality and to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following maximum allowable discharge limits.
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances shall be for the "total" metal unless indicated otherwise. The Superintendent may impose mass limitations in addition to, or in place of, the concentration-based limitations set forth herein.