[Adopted 7-2-1985 by Ord. No. 213]
The purpose of this article is to enable the Borough of New
Britain and Bucks Country Water and Sewer Authority to comply with
all applicable state and federal environmental laws regulating the
collection and treatment of domestic waste and industrial waste in
New Britain Borough, as well as assist in assuring a well-operated
municipal wastewater sewerage system and treatment process. In this
regard, the particular objectives of this article are:
A.
To prevent the introduction of pollutants into the municipal wastewater
system which could or would interfere with the operation of the system,
contaminate any resulting sludge, or otherwise be incompatible with
the system;
B.
To prevent the introduction of pollutants into the municipal wastewater
system which could or would pass through the system inadequately treated,
into receiving waters or into the atmosphere;
C.
To prevent the introduction of pollutants into the municipal wastewater
system that could or would harm the collection system, the treatment
plant, or the health, safety and welfare of the operating personnel;
D.
To prevent the introduction into the municipal wastewater system
clean water discharges that could or would interfere with the operation
of the system; and
E.
To prevent the introduction of clean water discharges into the municipal
wastewater system, which would consume the treatment plant capacity
and/or reduce the effectiveness or interfere with the treatment process.
This article regulates both the direct and indirect users of
the municipal wastewater system in New Britain Borough. This article
shall apply to users within New Britain Borough.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act as amended from time
to time, 33 U.S.C. § 1251 et seq., including all regulations
promulgated thereunder by EPA under Title 40 CFR.
Chalfont-New Britain Township Joint Sewage Authority.
An authorized representative of an industrial user shall
be:
If the industrial user is a business corporation, municipal
corporation, authority, nonprofit corporation or unincorporated association,
a principal executive officer of at least the level of vice president,
executive director or chief administrator, unless another individual
is expressly authorized by the Board of Directors or other governing
body;
If the industrial user is partnership or proprietorship, a general
partner or proprietor, respectively;
Bucks County Water and Sewer Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, at a temperature
of 20° centigrade expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The Pennsylvania Department of Environmental Protection,
or where appropriate, it shall also mean any duly authorized official
of said agency.
The normal water borne or dissolved waste discharged by a
residential household, as well as toilet wastes discharged by any
user.
The U.S. Environmental Protection Agency, or where appropriate,
it shall also mean any duly authorized official of said agency.
Any regulations prescribing pollutant discharge limits by
industrial user categories promulgated by the EPA pursuant to the
Act [33 U.S.C. § 1317(b) and (c)].
A user owning or operating any facilities, premises or structures
used for or intended to be used in whole or in part for:
For this purpose, any user discharging wastewater into the municipal
wastewater system which, based on information, experience, or analysis,
is deemed to be industrial waste, shall also be considered an industrial
user.
Any solid, liquid or gaseous substance or water borne or
dissolved wastes or cooling water, other than domestic waste, that
is ejected, escaping or discharged into the municipal wastewater system.
Industrial waste includes pollutants and toxic pollutants as defined
herein.
The inhibition or disruption of the treatment plant or treatment
process which may contribute to or cause a violation of any requirement
of the NPDES permit. The term includes prevention of sewage sludge
use or disposal in accordance with the Act (33 U.S.C. § 1345),
or any criteria, guidelines or regulations developed pursuant to the
Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal
Toxic Substances Control Act, or more stringent state criteria (including
those contained in any state sludge management plan) applicable to
the method of disposal or use by the municipal wastewater system.
A sewer line conveying wastewater from the premises of a
user to the municipal wastewater system.
The sewage and wastewater collection system, treatment plant,
pump stations and other ancillary facilities owned and operated by
the Borough and Bucks County Water and Sewer Authority. This shall
include not only Borough- and BCWSA-owned wastewater lines (sewers),
but any other wastewater lines which, by agreement, or by order of
other authority, discharge into the Borough or BCWSA owned collection
system or the Borough treatment plant. This definition also includes
the treatment processes, systems and procedures.
The National Pollution Discharge Elimination System permit
issued to the Borough pursuant to the Act (33 U.S.C. § 1342).
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, and/or any other legal entity, or their legal representatives,
trustees, agents, successors or assigns. The masculine gender shall
include the feminine; the singular shall include the plural where
indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, gaseous waste, incinerator
residue, sewage, garbage, sewage sludge, chemical wastes, biological
materials, radioactive materials, heat, rock, sand, cellar dirt and
industrial, municipal and agricultural waste discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
or chemical composition or concentration in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing
such pollutants into the municipal wastewater system. The reduction,
elimination or alteration may be the result of: physical, chemical
or biological processes; or process changes by the user producing
or discharging pollutants, except as prohibited by applicable regulations
[40 CFR 403.6(d) and the Act].
The pretreatment requirements prescribed by the Borough,
BCWSA and the federal pretreatment standards. These requirements shall
take precedent over the federal pretreatment standards when the pretreatment
requirements specified herein are more restrictive.
"Shall" is mandatory; "may" is permissive.
Any industrial user of the municipal wastewater system who:
Has a discharge flow of 10,000 gallons or more per average workday;
Has a flow greater than 2% of the monthly average flow in June
to the Borough's wastewater treatment system;
Has in its wastewater toxic pollutants as defined in the Act
(33 U.S.C. § 1317);
Has in its wastewater substances at concentrations that at any
time exceed the quantitative limits prescribed by the Borough; or
Is found by the Borough, BCWSA, DEP or EPA to have significant
impact, either singly or in combination with other contributing industrial
users, on the treatment process, the quality of the sludge, the quality
of the effluent, or the air emissions generated by the treatment process.
State of Pennsylvania.
Any water flow occurring during or following any form of
natural precipitation and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and is discharged
or subject to discharge into the municipal wastewater system.
Any pollutant or combination of pollutants:
Listed as toxic in regulations promulgated by EPA under the
Act;
Discharged into the municipal wastewater system at a concentration
that has been or can be shown by scientific experiment to inhibit
or disrupt any part or portion of the treatment process;
Listed as toxic in regulations promulgated by DEP; or
Specifically identified by any other state or federal act as
being toxic.
That portion of the municipal wastewater system designed
to provide treatment to the discharged wastewater including all pumps,
holding tanks and other such ancillary facilities.
Those operations, processes, systems and procedures employed
at the treatment plant to alter the wastewater discharged into the
municipal wastewater system so that the effluent from the treatment
plant will meet or exceed the NPDES permit standards.
Any person who voluntarily or involuntarily, intentionally
or unintentionally, accidentally or inadvertently discharges wastewater
into the municipal wastewater system.
It is:
The permits issued
by the township and BCWSA authorizing discharge of industrial waste
into the municipal wastewater system.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
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 municipal wastewater system. These
general prohibitions apply to all such users whether or not the user
is subject to federal pretreatment standards. A user may not discharge
the following substances to the municipal wastewater system:
A.
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 be injurious in any other
way to the Municipal Wastewater System, its employees or the public
generally. At no time shall two successive readings on an explosion
hazard meter at the point of a user's discharge into the municipal
wastewater system (or at any point in the system) be more than 5%,
nor any single reading over 10% of the lower explosive limit (LEL)
of the meter. Prohibited materials include, but are not limited to,
gasoline, kerosene, naphtha, benzene, toluene, zylene, ethers, alcohols,
ketones, adehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides and sulfides, other substances having similar characteristics,
or any other substance which the Borough, BCWSA, DEP or EPA has notified
a user to be a fire hazard or a hazard to the system.
B.
Solid or viscous substances which could be or would cause obstruction
to the flow in a wastewater line or pump or cause 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,
motor oil, plastics, gas, tar, asphalt, residues, residues from refining
or processing of fuel or lubricating oil, mud, or glass grinding or
polishing wastes.
C.
Any wastewater having pH less than 6.0 or more than 8.5, or wastewater
having any other corrosive property capable of causing damage or constituting
a hazard to the structures, the equipment, or the employees of the
municipal wastewater system, or to the public generally.
D.
Any wastewater containing:
(1)
Toxic
pollutants either singly or by interaction with other pollutants,
which could or would injure or interfere with the treatment process;
constitute a hazard to humans or animals, create a toxic effect in
the receiving waters of the state; or
(2)
Containing
substances in amounts that exceed limitations set forth in the federal
pretreatment standards or set forth in this article.
E.
Any wastewater, noxious or malodorous liquids, gases, or solids which,
either singly or by interaction with other wastes, could or would
create a public nuisance, create a hazard to life, or prevent maintenance
and repair of the municipal wastewater system.
F.
Any substance which could or would cause the effluent or any other
products of the treatment process, 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 into
the municipal wastewater system cause the products of the treatment
process to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations promulgated pursuant to Section 405 of the
Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or any state regulations applicable to the sludge management
method being used.
G.
Any substance which could or would cause the municipal wastewater
system to violate its NPDES permit and/or its DEP stream discharge
permit or fail to meet the receiving water quality standards.
H.
Any wastewater with objectionable color not removable in the treatment
process; such as, but not limited to, dye wastes and vegetable tanning
solutions.
I.
Any wastewater having a temperature which could or would inhibit
biological activity in the treatment process and result in interference;
the interference shall be conclusive when the wastewater has such
a temperature as to cause the entire flow into the treatment plant
to exceed 40° C. (104° F.) at any point in time.
J.
Any pollutants, including BOD pollutants, released at such a flow
rate or at such a concentration that a user knows or has reason to
know would cause interference in the treatment process.
K.
Any wastewater slug discharge having a flow rate or containing concentrations
or qualities of pollutants that exceed during any time period longer
than 15 minutes more than five times the average twenty-four-hour
flow concentration during normal operations.
L.
Any wastewater containing any radioactive wastes or isotopes.
M.
Any wastewater containing in excess of the following concentrations:
[Added 2-12-1991 by Ord. No. 245]
|
Cadmium
|
(Cd)
|
0.65 mg/l
| |
|
Chromium
|
(Cr)
|
1.00 mg/l
| |
|
Copper
|
(Cu)
|
1.00 mg/l
| |
|
Cyanide
|
(CN)
|
0.75 mg/l
| |
|
Lead
|
(Pb)
|
0.50 mg/l
| |
|
Mercury
|
(Hg)
|
0.05 mg/l
| |
|
Nickel
|
(Ni)
|
2.00 mg/l
| |
|
Silver
|
(Ag)
|
1.00 mg/l
| |
|
Zinc
|
(Zn)
|
1.00 mg/l
| |
|
Arsenic
|
(As)
|
4.00 mg/l
| |
|
Beryllium
|
(Be)
|
2.50 mg/l
| |
|
Selenium
|
(Se)
|
1.00 mg/l
| |
|
Tin
|
(Sn)
|
2.50 mg/l
|
No person or user shall discharge into the municipal wastewater
system industrial wastewater without a valid wastewater discharge
permit from the Borough and from the BCWSA, nor shall any discharge
occur except in accordance with the provisions of the permits and
Borough Res. No. 89-5, as amended from time to time, including the
specific pollutant limitations set forth therein, and any rules or
regulations promulgated thereunder. All existing significant industrial
users shall apply for a wastewater discharge permit within 60 days
after the effective date of this article. All other industrial users
shall apply for a wastewater discharge permit within 60 days of being
notified to do so by the Borough and BCWSA.
No person or user shall discharge or cause to be discharged
any unpolluted waters such as water from sump pumps, floor drains,
stormwater, groundwater roof runoff, subsurface drainage, foundation
drainage, or cooling water into the municipal wastewater system. stormwater
and all other unpolluted drainage shall be discharged to facilities
that are specifically designed as storm sewers or to natural outlets
approved by the Borough.
In the event federal pretreatment standards are promulgated for a particular industrial subcategory which are more stringent than the standards imposed by § 345-18 above, then the federal standards shall supersede the standards imposed hereby. In such an event, the Borough and BCWSA shall notify all affected users of the new standards and inform them of the applicable reporting requirements.
In the event DEP promulgates standards for industrial wastewater discharges that are more stringent than the federal pretreatment standards or more stringent than those imposed by § 345-18, then the DEP standards shall supersede all other standards. In such an event, the Borough and BCWSA shall notify all affected users of the new standards and inform them of the applicable reporting requirements.
No user shall, without the Borough's written consent, increase
the use of process water or, in any way attempt to dilute a discharge
to achieve compliance with the standards with the wastewater discharge
permits.
Each user discharging industrial waste shall take all necessary
measures to prevent the accidental discharge of prohibited material,
pollutants or other substances regulated by DEP, EPA and the Borough
Code. All facilities and measures employed to prevent accidental discharge
shall be provided and maintained at the user's own cost and expense.
Detailed plans showing facilities and operating procedures to provide
such protection shall be submitted to the Borough and BCWSA for their
review, and written approval before construction of the facility and
implementation of the operating procedures. All existing significant
industrial users shall submit to the Borough for approval detailed
plans to prevent accidental discharges within 180 days of adoption
of this article. All other users discharging industrial waste shall
submit like plans for approval within 60 days after being notified
to do so by the Borough and BCWSA. No significant industrial user
who commences discharging into the municipal wastewater system after
the effective date of this article shall discharge pollutants into
the municipal wastewater system until it has received written approval
of its plans for accidental discharges. Approval of such detailed
plans shall not relieve the user from the responsibility to modify
the user's facility as necessary to meet the continuing requirements
of this article.
A.
In the event of an accidental discharge of industrial waste or pollutants,
the user shall immediately notify the Borough and BCWSA of the incident.
The notification shall include location of discharge, type of industrial
waste including all pollutants, their concentration and volume, and
the corrective actions taken.
B.
Thereafter, within five days following an accidental discharge of
industrial waste; the user shall submit to the Borough and BCWSA a
detailed written report describing the entire incident including the
cause of the discharge, how the preventative measures were circumvented
or were ineffective, and what measures are being taken by the user
to prevent similar occurrences. Such notification shall not relieve
the user of the expense, loss, damage, or other liability incurred
as a result of damage to the municipal wastewater system, fish life,
or any other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by this article or other federal or state statute.
Each user discharging industrial waste into the municipal wastewater
system shall cause a notice to be permanently posted on its bulletin
board or other prominent place advising employees whom to call in
the event of an accidental discharge. Employers shall insure that
all employees who may cause or are likely to be involved in an accidental
discharge are advised of the emergency notification procedures.
Users shall complete and file all reports at the date, in the
form, and with the information required by the Borough and BCWSA from
time to time.
A.
Any monitoring facilities required by the Borough and BCWSA shall
be provided and operated by user at its expense. The monitoring facilities
shall allow for inspection, sampling, and flow measurement of domestic
waste and industrial waste discharges as well as pretreatment requirements.
The facility shall be situated on the user's premises, except
when such a location would be impractical or cause undue hardship
on the user. The Borough may permit the facility to be constructed
in the public street or sidewalk area and so located that it will
not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near each sampling manhole or facility
to allow accurate sampling and sample preparation for analysis. The
facility and all related equipment shall at all times be maintained
in a safe and proper operating condition.
C.
The monitoring facilities shall meet all the Borough's requirements
and comply with all applicable Township building, plumbing and electrical
codes. User shall have 90 days to construct and equip the required
facilities.
A.
The Borough, BCWSA or their representatives shall have the right
to inspect the facilities of user discharging industrial wastewater
at any time during users normal business hours and any other time
upon reasonable cause to ascertain whether the wastewater discharge
permit is being complied with, the purposes of this article are being
met and all requirements are being complied with.
B.
Persons or occupants of premises where industrial wastewater is created
or discharged shall allow the Borough, BCWSA or their representatives
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination or performing any of their duties. The
Borough, BCWSA, DEP and EPA shall have the right to set up on such
a user's property such devices as they deem necessary to conduct
sampling inspection, compliance monitoring and/or metering operations.
The user shall pay all costs related to their inspection and sampling.
At user's cost, permanently installed automatic sampling devices
shall be required when in the opinion of the Borough Manager they
are necessary to assure compliance with this article.
C.
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 in advance with their security
guards so that upon presentation of suitable identification, personnel
from the Borough or BCWSA will be permitted to enter, without delay,
for inspecting and sampling.
A.
Suspension of wastewater discharge permit. Any person notified of
a suspension by the Borough or BCWSA shall immediately stop or eliminate
all discharges to the municipal wastewater system. In the event of
a failure to comply with the suspension order, the Borough and BCWSA
may take such steps as deemed necessary including immediate severance
of the lateral line to the user to prevent or minimize damage to the
municipal wastewater system or danger to the public health, safety
and welfare.
B.
Revocation of wastewater discharge permit. In the event of a permit
revocation, the user shall immediately cease all discharges into the
municipal wastewater system and sever the lateral line to the premises;
the user shall then have to proceed through the formal application
process like a new applicant to reconnect and discharge.
C.
Notification of violations. In the event the Borough or BCWSA finds
that any user has violated or is violating any of the prohibitions,
limitations or requirements contained in this article, the Borough
Res. No. 89-5, as amended, or user's wastewater discharge permit,
the Borough and BCWSA may give such user a written notice stating
the nature of the violation. Thereafter, the user shall, within 15
days of the date of the notice, submit a detailed written plan of
correction to the Borough and BCWSA for their review and approval.
D.
Legal action. In the event any person discharges domestic wastes,
industrial wastes, other wastes or prohibited pollutants into the
municipal wastewater system contrary to the provisions of this article,
Borough Res. No. 89-5, as amended, its wastewater discharge permit,
or to any order of the Borough, or BCWSA the Township will assist
the Borough and BCWSA in seeking appropriate judicial relief in the
state or federal courts.
A.
Failure to comply. Any user who violates an order of the Borough
and BCWSA or who fails to comply with any provision of this article,
Borough Res. No. 89-5, or its wastewater discharge permit shall be
fined no more than $600 for each offense, plus costs of prosecution,
and in default of payment of such fine and costs, be subject to imprisonment
for a maximum of 30 days. Each day on which a violation shall occur
or continue shall be deemed a separate and distinct offense.
B.
Falsifying information. Any person who knowingly makes 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 discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by a wastewater discharge permit or by this article, shall, upon conviction, be punished by the penalties provided in Subsection A; and as an additional penalty, any user guilty of falsifying information, may, at the discretion of the Borough and BCWSA, suffer permanent severance of any right it might have to discharge any domestic waste, industrial waste or other waste or pollutant into the municipal wastewater system or suffer other restrictions on discharging into the municipal wastewater system such as being limited to domestic waste.
