[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:
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;
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;
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;
To prevent the introduction into the municipal wastewater system clean water discharges that could or would interfere with the operation of the system; and
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:
- ACT or THE ACT
- 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.
- AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
- An authorized representative of an industrial user shall be:
- A. 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;
- B. If the industrial user is partnership or proprietorship, a general partner or proprietor, respectively;
- Bucks County Water and Sewer Authority.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- 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)].
- COOLING WATER
- 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.
- DOMESTIC WASTE
- 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.
- FEDERAL PRETREATMENT STANDARDS
- 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. A user owning or operating any facilities, premises or structures used for or intended to be used in whole or in part for:
- B. 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.
- INDUSTRIAL WASTE
- 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.
- LATERAL LINE
- A sewer line conveying wastewater from the premises of a user to the municipal wastewater system.
- 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.
- NPDES PERMIT
- 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].
- PRETREATMENT REQUIREMENTS
- 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; MAY
- "Shall" is mandatory; "may" is permissive.
- SIGNIFICANT INDUSTRIAL USER
- Any industrial user of the municipal wastewater system who:
- A. Has a discharge flow of 10,000 gallons or more per average workday;
- B. Has a flow greater than 2% of the monthly average flow in June to the Borough's wastewater treatment system;
- C. Has in its wastewater toxic pollutants as defined in the Act (33 U.S.C. § 1317);
- D. Has in its wastewater substances at concentrations that at any time exceed the quantitative limits prescribed by the Borough; or
- E. 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.
- SUSPENDED SOLIDS
- 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.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants:
- A. Listed as toxic in regulations promulgated by EPA under the Act;
- B. 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;
- C. Listed as toxic in regulations promulgated by DEP; or
- D. Specifically identified by any other state or federal act as being toxic.
- TREATMENT PLANT
- 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.
- TREATMENT PROCESS
- 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:
- WASTEWATER DISCHARGE PERMIT
- The permits issued by the township and BCWSA authorizing discharge of industrial waste into the municipal wastewater system.
- WATERS OF THE STATE
- 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:
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.
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.
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.
Any wastewater containing:
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
Containing substances in amounts that exceed limitations set forth in the federal pretreatment standards or set forth in this article.
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.
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.
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.
Any wastewater with objectionable color not removable in the treatment process; such as, but not limited to, dye wastes and vegetable tanning solutions.
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.
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.
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.
Any wastewater containing any radioactive wastes or isotopes.
Any wastewater containing in excess of the following concentrations:
[Added 2-12-1991 by Ord. No. 245]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.