[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."[1]
[1]
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:
A.Â
That the name of said authority is "Bellefonte Borough Authority."
B.Â
That said authority is formed under the Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended.[1]
[1]
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 was repealed by Act 22 of 2001 (June 19,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.
C.Â
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.
D.Â
That the names of the incorporating municipality under the Authority
is the Borough of Bellefonte situated in Centre County, Pennsylvania.
E.Â
That there shall be seven members of the Board of the Authority.
All appointments are made by the Borough of Bellefonte's Borough Council.
F.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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)Â
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.
(2)Â
Take the evidence.
(3)Â
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations, to Council for
action thereon.
C.Â
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.
D.Â
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:
A.Â
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.
B.Â
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).
C.Â
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).
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
Failure to accurately report noncompliance.
H.Â
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:
A.Â
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;
B.Â
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
C.Â
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:
A.Â
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;
B.Â
To provide uniform ordinances, rules, regulations and enforcement
procedures for the intermunicipal area affected;
C.Â
To provide for enforcement of this article by the Spring-Benner-Walker
Joint Authority; and
D.Â
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.
A.Â
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:
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
Each municipality, by the adoption of this article, adopts the provisions
of the ordinance entitled:
(1)Â
"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."
B.Â
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; amended 2-22-2022 by Ord. No. 02222022-01]
A.Â
The following pollutant limits are hereby established to assure biosolids
quality and to protect against pass-through and interference. No person
or entity shall discharge wastewater containing in excess of the following
maximum allowable discharge limits.
|
Pollutant
|
Monthly Average Limit
(mg/l)
|
Maximum Daily Limit
(mg/l)
|
Instantaneous Maximum Limit
(mg/l)
|
|---|---|---|---|
|
Arsenic (T)
|
0.0779
|
0.117
|
0.156
|
|
Cadmium (T)
|
0.169
|
0.254
|
0.338
|
|
Chromium (T)
|
8.0212
|
12.032
|
16.042
|
|
Copper (T)
|
0.4636
|
0.6954
|
0.9272
|
|
Cyanide (T)
|
2.9486
|
4.423
|
5.897
|
|
Lead (T)
|
1.4711
|
2.207
|
2.942
|
|
Mercury (T)
|
0.0575
|
0.0863
|
0.115
|
|
Nickel (T)
|
2.4956
|
3.743
|
4.991
|
|
Silver (T)
|
8.0040
|
12.006
|
16.008
|
|
Zinc (T)
|
0.0649
|
0.9735
|
0.115
|
|
Benzene
|
0.1300
|
0.195
|
0.260
|
|
Ethylbenzene
|
1.590
|
2.385
|
3.180
|
|
Toluene
|
1.350
|
2.025
|
2.700
|
|
Xylene
|
232.00
|
348.00
|
464.00
|
|
Oil and grease
|
100.00
|
150.00
|
200.00
|
B.Â
The above limits apply at the point where the wastewater is discharged
to the Bellefonte Wastewater Treatment Plant or POTW. All concentrations
for metallic substances shall be for the "total" metal unless indicated
otherwise. The Superintendent may impose mass limitations inaddition
to, or in place of, the concentration-based limitations set forth
herein.
