[Adopted 9-12-1989 by Ord. No. 507 (Ch. 18, Part 1, of the
1992 Code)]
A.
Purpose and policy. This article sets forth uniform requirements
for direct and indirect contributors into the wastewater collection
and treatment system for the Borough of Manheim, to effect compliance
with applicable state and federal laws required by the Clean Water
Act of 1977 and the General Pretreatment Regulations (40 CFR Part
403).
B.
Objectives. The objectives of this article are:
(1)
To prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge, or otherwise be incompatible with the system.
(2)
To prevent the introduction of pollutants into the municipal wastewater
system which will be inadequately treated and thus pass through the
system inadequately treated into receiving waters or the atmosphere.
(3)
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
(4)
To provide for equitable distribution of the cost for the implementation
of the Authority's Municipal Industrial Pretreatment Program.
C.
Regulations. This article provides for the regulation of direct and
indirect contributors to the municipal wastewater system through the
issuance of permits to certain nondomestic users and through enforcement
of general requirements for the other users; authorizes monitoring
and enforcement activities; requires user reporting; assumes that
existing customer's capacity will not be preempted; and provides
for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
D.
Application. This article shall apply to the Borough of Manheim and
to persons outside the Borough who are users or significant users
of the Borough Authority's POTW. Except as otherwise provided herein,
the Borough shall administer, implement, and enforce the provisions
of this article.
E.
Special agreements; arrangements. Nothing contained in this article
shall be construed as preventing any special agreement or arrangement
between the Borough and significant users within or out of the Borough,
whereby a waste of unusual strength or character may be accepted by
the Borough by special agreement, in writing, executed prior to such
acceptance, containing safeguards, limitations and conditions acceptable
to the Borough. No such special agreement or arrangement, however,
shall waive or abrogate any national categorical pretreatment standard.
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, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Director in an NPDES state with an approved state pretreatment
program, or the Administrator of the EPA in an NPDES state without
an approved state pretreatment program.
An authorized representative of a significant user may be:
A principal executive officer of at least the level of vice
president, if the significant user is a corporation.
A general partner or proprietor if the significant user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above, or any governmental entity within the Borough, if such representative
is responsible for the overall operation of the facilities from which
the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
The Borough of Manheim, Lancaster County, Pennsylvania.
The Manheim Borough Authority, Lancaster County, Pennsylvania.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards or pretreatment
standards.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The "approval authority," as defined hereinabove, or the
Superintendent if the Borough has an approved pretreatment program
under the provisions of 40 CFR 403.11.
The Council of Manheim Borough.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
Equivalent domestic unit, with the following wastewater characteristics:
|
Flow
|
250 gpd
|
|
Ammonia–Nitrogen
|
25 mg/l as N
|
|
BOD
|
250 mg/l
|
|
Phosphate
|
10 mg/l as P
|
|
Suspended solids
|
250 mg/l
|
|
TKN
|
40 mg/l as N
|
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis, with no regard to the flow in the waste stream and without
consideration of time.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollutants into the
POTW, including holding tank waste discharged into the system as outlined
in 40 CFR 403.3(g) and Sections 307(b), (c), and (d) of the Act.
An industrial source of indirect discharge.
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the Borough Authority's NPDES permit. The term includes prevention
of sewage sludge use, sludge processes, or disposal by the POTW in
accordance with Section 405 of the Act, (33 U.S.C. § 1345)
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA),[1] the Clean Air Act, the Toxic Substances Control Act, or
more stringent state criteria, including those contained in any state
sludge management plan prepared pursuant to Title IV of the SWDA applicable
to the method of disposal or use employed by the POTW.
Any regulation containing pollutant discharge limits promulgated
by the EPA in 40 CFR Parts 401 to 471, in accordance with Section
307(b) and (c) of the Act (33 U.S.C. § 1317), which applies
to a specific industry.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any source: 1) the construction of which is carried out at
a site at which no other source is located; or 2) the construction
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or 3) the production
or wastewater-generating processes of the constructed facility are
substantially independent of an existing source at the same site,
and in any event, the construction of which is commenced after the
publication of proposed regulations prescribing a Section 307(c) (33
U.S.C. § 1317) Categorical Pretreatment Standard which will
be applicable to such sources, if such standard is thereafter promulgated
within on 120 days of proposal in the Federal Register. Where the
standard is promulgated later than 120 days after proposal, a "new
source" means any source, the construction of which is commenced after
the date of promulgation of the standard.
A discharge which exits the POTW into waters of the United
States in quantities which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES permit (including an increase
in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, any other legal entity or any of their legal representatives,
agents 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, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, 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.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutants, or the
alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes or process
changes, or by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment
other than a National Pretreatment Standard imposed on a significant
user.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the Borough
Authority. This definition includes any sewers that convey wastewater
to the POTW treatment plant, but does not include pipes, sewers or
other conveyances not connected to a facility providing treatment.
For the purposes of this article, "POTW" shall also include any sewers
that convey wastewaters to the POTW from persons outside the Borough
who are, by contract or agreement with the Borough Authority, users
of the Borough Authority's POTW.
"Shall" is mandatory; "may" is permissive.
Any nonresidential user of the Borough's wastewater
disposal system who:
Has a discharge flow of 25,000 gallons or more per average workday;
or
Has a flow greater than 5% of the flow in the Borough Authority's
wastewater collection and treatment system; or
Has in his wastes toxic pollutants as defined pursuant to Section
307 of the Act or Pennsylvania statutes and rules; or
Is found by the Borough Authority, Pennsylvania Department of
Environmental Protection (PA DEP) or the U.S. Environmental Protection
Agency (EPA) to have significant impact, either singly or in combination
with other contributing significant users, on the wastewater treatment
system, the quality of sludge, the system's effluent quality,
or air emissions generated by the system.
A permit as set forth in § 172-49D of this article.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget (1972).
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Borough of Manheim who is charged
with certain duties and responsibilities by this article, or his duly
authorized representative, deputy or agent.
The total suspended matter that floats on the surface or
is suspended in water, wastewater or other liquids, and which is removable
by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provision of the Clean Water Act Section 307(a) or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulation 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.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
The following abbreviations shall have the designated meanings:
|
Abbreviation
|
Meaning
| |
|---|---|---|
|
BOD
|
Biochemical oxygen demand
| |
|
CFR
|
Code of Federal Regulations
| |
|
COD
|
Chemical oxygen demand
| |
|
EPA
|
Environmental Protection Agency
| |
|
l
|
Liter
| |
|
mg
|
Milligrams
| |
|
mg/l
|
Milligrams per liter
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
O&M
|
Operations and Maintenance
| |
|
POTW
|
Publicly Owned Treatment Works
| |
|
SIC
|
Standard Industrial Classification
| |
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
| |
|
U.S.C.
|
United States Code
| |
|
TKN
|
Total Kjeldahl Nitrogen
| |
|
TSS
|
Total suspended solids
|
A.
General. No user or significant user shall contribute or cause to
be contributed, directly or indirectly, any pollutant or wastewater
which will interfere with the operation or performance of the POTW.
These general prohibitions apply to all such users of a POTW, whether
or not the user is subject to National Categorical Pretreatment Standards
or any other national, state or local pretreatment standards or requirements.
A user or significant user may not contribute the following substances
to any POTW:
(1)
Any liquids, solids or gases which by reason of their nature or quantity
are or may be sufficient, either alone or by interaction with other
substances, to cause fire or explosion or be injurious in any other
way to the POTW or to the operation of the POTW. At no time shall
two successive readings on an explosion hazard meter at the point
of discharge into the system (or at any point in the system) be more
than 5%, nor any single reading over 10% of the lower explosive limit
(LEL) of the meter. Prohibited materials include, but are not limited
to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, hydrides, sulfides, and any other substance determined
by the Borough Authority, the state, or the EPA to be a fire hazard
or a hazard to the system.
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities, such as, but not limited to, grease, garbage
with particles greater than 1 1/2 inch in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides, spent lime, stone
or marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil, mud, glass grinding, or polishing wastes.
(3)
Grease, oil or sand interceptors shall be provided when, in the opinion
of the Superintendent and/or Borough, they are necessary for the proper
handling of liquid wastes containing floatable grease in such amounts
as to cause obstruction to the flow in a sewer or other interference
with the operation of the wastewater treatment facilities, or any
flammable wastes, sand or other harmful ingredients, except such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Superintendent
and the Borough and shall be located as to be readily and easily accessible
for cleaning and inspection. In the maintaining of these interceptors,
the owner(s) shall be responsible for the proper removal and disposal
by appropriate means of the captured material and shall maintain records
of the dates and means of disposal which are subject to review by
the Superintendent and the Borough. Any removal and hauling of the
collected materials not performed by owner's (owners') personnel
must be performed by currently licensed waste disposal firms.
(4)
Any wastewater having a pH less than five, unless the POTW is specifically
designed to accommodate such wastewater, or wastewater having any
other corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the POTW.
(5)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure,
to interfere with any wastewater treatment process, to constitute
a hazard to humans or animals, to create a toxic effect in the receiving
waters or the POTW, or to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall include, but not be
limited to, any pollutant identified pursuant to Section 307(a) of
the Act.
(6)
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
(7)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludges or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substance Control Act, or state criteria applicable to the sludge
management method being used.
(8)
Any substance which will cause the POTW to violate its NPDES permit
or the receiving water its water quality standards.
(9)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(10)
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C. (104° F.) unless the POTW treatment
plant is designed to accommodate such temperature.
(11)
Any pollutants, including oxygen-demanding pollutants (BOD,
COD, etc.), released at a flow rate and/or pollutant concentration
which cause interference to the POTW. In no case shall a sludge load
have a flow rate or contain concentration or qualities of pollutants
that exceed for any time period longer than 15 minutes more than five
times the average twenty-four-hour concentration, quantities or flow
during normal operation.
(12)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Superintendent in compliance with applicable state and federal
regulations.
(13)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(14)
Stormwater, groundwater, roof runoff, subsurface drainage, or
cooling water.
B.
Borough determination of interference to POTW. When the Borough determines
that a user or significant user is contributing to the POTW any of
the above-enumerated substances in such amounts as to interfere with
the operation of the POTW, the Borough shall advise the user of the
impact of such contribution on the POTW and develop effluent limitations
for such user to correct the interference with the POTW.
A.
It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner on public or private property
within the Borough of Manheim or in any area under the jurisdiction
of said Borough any human or animal excrement, garbage or objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Borough or under the jurisdiction of the Borough any wastewater, except
where suitable treatment has been provided in accordance with subsequent
provisions of this article.
C.
The owner(s) of all houses, buildings or properties used for human
occupancy, employment, business, industry or other purposes, situated
within the Borough and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located publicly
owned treatment works of the Borough, is hereby required at the owner's
(owners') expense to install suitable toilet facilities therein
and to connect such facilities directly with the publicly owned treatment
works in accordance with the provisions of this article within 90
days after date of official notice to do so, provided that said publicly
owned treatment works is within 100 feet (30.5 meters) of the property
line.
A.
No unauthorized persons shall uncover, make any connections with or opening into, use, alter or disturb the POTW or any appurtenance thereof without first obtaining a written user permit from the Superintendent and/or the Borough as set forth in § 172-49B of this article.
B.
There shall be two classes of user permits: for residential and commercial
service and for service to establishments producing significant waste.
In either case, the owner or his agent shall make application on a
special form furnished by the Borough. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Superintendent and/or
the Borough Authority. A permit and inspection fee for a residential
or commercial user permit and for a significant waste user permit
shall be paid to the Borough at the time the application is filed.
All user permit applications shall be reviewed and approved in writing
by the Borough prior to permit issuance. Permit and inspection fees
for user permits shall be in such amounts as may be established from
time to time by the Borough.
C.
All costs and expenses incidental to the installation, connection
and maintenance of the building sewer shall be borne by the owner(s).
The owner(s) shall indemnify the Borough from any loss or damage that
may, directly or indirectly, be occasioned by the installation of
the building sewer.
D.
A separate and independent building sewer shall be provided for every
building.
E.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent,
to meet all requirements of this article.
F.
The size, slope, alignment, materials or construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
joint testing, and backfilling the trench shall all conform to the
requirements of the Building and Plumbing Codes or other applicable
ordinances of the Borough. In the absence of code provisions or in
amplification thereof, the materials and procedures set forth in appropriate
specifications of the ASTM and WPCF Manual of Practice No. 9 shall
apply.
G.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the POTW,
wastewater carried by such building drain shall be lifted by an approved
means and discharged to the building sewer.
H.
No person shall make connection of sump pumps, roof downspouts, foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to the POTW unless such connection is approved in writing
by the Superintendent for purposes of disposal of polluted surface
drainage.
I.
The connection of the building sewer into the POTW shall conform
to the requirements of the Building and Plumbing Codes or other applicable
rules and regulations set forth in appropriate specifications of the
ASTM and the WPCF Manual of Practice No. 9. All such connections shall
be made gas-tight and watertight, and verified by proper testing.
Any deviation from the prescribed procedures and materials must be
approved by the Superintendent before installation.
J.
The applicant for the user permit shall notify the Superintendent
when the building sewer is ready for inspection and connection to
the POTW. The connection to the POTW and testing shall be made under
the supervision of the Superintendent or his representative.
K.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Borough.
L.
No excavation, construction or connection work shall be commenced
within a Borough Authority right-of-way until the owner, his agents
and/or independent contractor shall have first filed a bond in double
the amount of the cost of the work to be performed, as determined
by the Borough and Borough Authority, agreeing to indemnify and save
harmless the Borough Authority against any and all loss, damages,
costs and expenses which the Borough Authority may thereafter suffer,
incur, be put to or pay by reason of the failure to complete properly
any of the aforesaid excavation, construction or connection work.
The term "owner," as used herein, shall be deemed to include the owner
or owners in fee simple, lessees of the premises, occupiers of the
premises, and all other parties having a beneficial use or interest
in the premises and occupying the same with the consent and permission
of the owner of the fee title.
Upon the promulgation of the Federal Categorical Pretreatment
Standard under Section 307 of the Clean Water Act for a particular
industrial subcategory, the federal standard, if more stringent than
limitations imposed under this article for sources in that subcategory,
shall control, and neither the Borough nor the Borough Authority shall
be responsible to notify all affected users or significant users of
the applicable reporting requirements under 40 CFR 402.12. Each significant
user shall be responsible to notify the Borough Authority of changes
to his status under the federal, state or local regulations.
Where the Borough Authority's wastewater treatment system
achieves consistent removal of pollutants limited by federal pretreatment
standards, the Borough Authority may apply to the approval authority
for modifications of specific limits in the federal pretreatment standards.
"Consistent removal" shall mean the reduction in the amount of a pollutant
or alteration of the nature of the pollutant by the wastewater treatment
system to a less toxic or harmless state in the effluent which is
achieved by the system in 95% of the samples taken when measured according
to the procedures set forth in Section 403.7(c)(2) of Title 40 of
the Code of Federal Regulations, Part 403, "General Pretreatment Regulations
for Existing and New Sources of Pollution," promulgated pursuant to
the Act. If the requirements contained in 40 CFR Part 403, § 403.7
are fulfilled, and prior approval from the approval authority is obtained,
the Borough may then modify pollutant discharge limits in the federal
pretreatment standards.
A.
No person shall discharge wastewater containing in excess of:
|
Parameter
|
Maximum Concentration from Industrial Connections to POTW
(mg/l)
| |
|---|---|---|
|
Antimony
|
5.0
| |
|
Arsenic
|
0.1
| |
|
Barium
|
4.0
| |
|
Boron
|
1.0
| |
|
Cadmium
|
0.05
| |
|
Chromium (hexavalent)
|
0.1
| |
|
Chromium (total)
|
2.0
| |
|
Copper
|
1.0
| |
|
Cyanide
|
0.2
| |
|
Iron
|
5.0
| |
|
Lead
|
0.1
| |
|
Manganese
|
1.0
| |
|
Mercury
|
0.01
| |
|
Nickel
|
1.0
| |
|
Phenol
|
0.5
| |
|
Selenium
|
0.04
| |
|
Silver
|
0.1
| |
|
Tin
|
3.0
| |
|
Vanadium
|
3.0
| |
|
Zinc
|
4.0
| |
|
Total toxic organics
|
1.0
| |
|
Any single toxic organic
|
0.5
|
B.
All wastewater entering the Borough's collection system shall
be pretreated to normal domestic levels unless otherwise stated in
writing by the Borough by way of the significant user permit. These
levels shall be:
|
BOD
|
250 mg/l
| |
|
Suspended solids
|
250 mg/l
| |
|
Ammonia nitrogen
|
25 mg/l as N
| |
|
TKN
|
25 mg/l as N
|
State requirements and limitations on discharges shall apply
in any case where they are more stringent than federal requirements
and limitations or those in this article.
The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 172-33A of this article.
No significant user shall ever increase the use of process water
or in any way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards or with
any other pollutant-specific limitation developed by the Borough,
state or federal agencies.
Each significant user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the significant user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Borough
for review and shall be approved by the Borough before construction
of the facility. All existing significant users shall complete such
a plan prior to being issued a permit. No significant user who commences
contribution to the POTW after the effective date of this article
shall be permitted to introduce pollutants into the system until his
accidental discharge procedures have been approved by the Borough.
Review and approval of such plans and operating procedures shall not
relieve the significant user from the responsibility to modify his
facility, as necessary, to meet the requirements of this article.
In the case of an accidental discharge, it is the responsibility of
the significant user to immediately telephone and notify the POTW
of the incident. The notification shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
Within five days following an accidental discharge, the significant
user shall submit to the Borough a detailed written report describing
the cause of the discharge and the measures to be taken to mitigate
any expense, loss, damage, or other liability which may be incurred
as a result of damage to the POTW or aquatic life or any other damage
to person or property. Such report shall not relieve the user or significant
user of any fines, civil penalties, or other liability which may be
imposed by this article or other applicable law.
A notice shall be permanently posted on the significant user's
bulletin board or other prominent place, advising employees who to
call in the event of a dangerous discharge. Employers shall ensure
that all employees who may cause or suffer such a dangerous discharge
to occur are advised of the emergency notification procedures.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from significant users of the Borough Authority's wastewater
disposal system for the implementation of the program established
herein. The applicable charges or fees shall be set forth in the Borough's
Schedule of Charges and Fees.
B.
Charges and fees.
(1)
The Borough may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up and operating
the Borough's pretreatment program;
(b)
Fees for monitoring, inspections, and surveillance procedures;
(c)
Fees for reviewing accidental discharge procedures and construction;
(d)
Fees for permit applications;
(e)
Fees for filing appeals;
(f)
Fees for consistent removal by the Borough of pollutants otherwise
subject to federal pretreatment standards; and
(g)
Other fees the Borough may deem necessary to carry out the requirements
contained herein.
(2)
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the Borough.
A.
Wastewater dischargers. In the absence of a permit from the Borough,
it shall be unlawful to discharge to the publicly owned treatment
works any wastewater except as authorized in writing by the Borough
in accordance with the provisions of this article.
B.
User permit.[1]
(1)
All users proposing to connect to and contribute to the POTW shall
obtain a user permit before connecting to or contributing to the POTW.
(2)
There shall be two classes of user permits:
(a)
For residential and commercial service; and
(b)
For service to establishments producing significant wastes.
In either case, the owner or his agent shall make application on a
special form furnished by the Borough. The permit application shall
be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Superintendent and/or
the Borough. A permit and inspection fee for a residential or commercial
user permit and for a significant user permit shall be paid to the
Borough at the time the application is filed. All user permit applications
shall be reviewed and approved in writing by the Borough prior to
permit issuance. Permit and inspection fees for user permits shall
be in such amounts as may be established from time to time by the
Borough Council.
(3)
The Borough may:
(a)
Impose conditions in any user permit for compliance with monitoring
and reporting requirements and compliance with pollutant limitations,
which conditions are deemed necessary by the Borough to ensure continued
compliance with pretreatment standards and requirements.
(b)
Modify existing permits to respond to changes in industrial
discharges, to alleviate problems at the POTW treatment plant, to
meet standard quality water standards, or to incorporate National
Categorical Pretreatment Standards and requirements.
(c)
Prohibit the transfer of user permits when an industry is acquired
by a new owner.
(d)
Revoke user permits in response to violations of permit conditions.
(4)
The Borough shall require a user of sewer services to provide information
needed to determine compliance with this article or other applicable
local, state, or federal laws, rules or regulations. These requirements
may include:
(a)
Wastewater discharge peak rate and volume records over a specified
time period.
(b)
Information on raw materials, processes, and products affecting
wastewater volume and quality.
(c)
Quantity and disposition of specific liquid, sludge, oil, solvent
or other materials important to sewer use control.
(d)
A plot plan of sewers on the user's property showing sewer
facility locations and all proposed sewer connections to these facilities.
(e)
Details of systems to prevent and control stormwater from entering
municipal sewers.
(f)
Payment of all costs incurred for the information described
in this section shall be paid by the user of the sewer services in
addition to other charges and sewer rentals.
(5)
All measurements, tests and analyses of the characteristics of waters
and wastewaters to which reference is made in this article shall be
determined in accordance with procedures established by the Administrator
pursuant to Section 304(g) of the Act, and contained in 40 CFR Part
136, and amendments thereto, or with any other test procedures approved
by the Administrator. Sampling shall be performed in accordance with
the techniques approved by the Administrator.
(6)
The user shall be responsible for submitting all applicable county,
regional, state or federal permits or planning documents required
for approval of sewer connection.
[1]
Editor's Note: User permit and significant user permit
applications are available upon request at the Manheim Municipal Building.
C.
Significant users.
(1)
Permit.
(a)
All significant users proposing to connect to or contribute
to the POTW shall obtain a significant user permit before connecting
to or contributing to the POTW. All existing significant users connected
to or contributing to the POTW shall apply for a significant user
permit within 30 days after the effective date of this article.
(b)
Whenever a user becomes subject to a new National Categorical Pretreatment Standard, but has not previously submitted an application for a significant user permit as required by Subsection B(2), the user shall apply for a significant user permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.
D.
Permit application.[2]
(1)
A user or significant user required to obtain a significant user
permit shall complete and file with the Borough an application in
the form prescribed by the Borough, accompanied by the required fee.
In support of the application, the significant user shall submit,
in units and terms appropriate for evaluation, the following information:
(a)
Name, address and location of the facility (if it is different
from the address).
(b)
SIC number, according to the Standard Industrial Classification
Manual, Bureau of the Budget 1972, as amended.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in § 172-36 of this article, shall be determined by a reliable analytical laboratory; in accordance with 40 CFR 403.12(1); sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and three-minute peak wastewater flow rates, including
daily, monthly and seasonal variation, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections, and appurtenances by
the size, location and elevation.
(g)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged.
(h)
The nature and concentration of any pollutants in the discharge
which are limited by any Borough, state or federal pretreatment standards,
and a statement regarding whether or not the pretreatment standards
are being met on a consistent basis, and if not, whether additional
operation and maintenance (O&M) and/or additional pretreatment
is required for the significant user to meet applicable pretreatment
standards.
(i)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the
significant user will provide such additional pretreatment. The completion
data in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
[1]
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment facilities
required for the significant user to meet the applicable pretreatment
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing permit for major components, commencing
construction, completing construction, etc.).
[2]
No increment referred to in § 172-49D(1)(i)[1] above shall exceed nine months.
[3]
No later than 14 days following each date in the schedule and
the final date for compliance, the significant user shall submit a
progress report to the Superintendent, including, as a minimum, whether
or not it complied with the increment of progress to be met on such
date, and if not, the date on which it expects to comply with this
increment of progress; the reason for delay; and the steps being taken
by the significant user to return the construction to the schedule
established. In no event shall more than nine months elapse between
such progress reports to the Superintendent.
(j)
Each product produced, by type, amount, process or processes,
and rate of production.
(k)
Type and amount of raw materials processed (average and maximum
per day).
(l)
Number and type of employees, the hours of plant operation,
and proposed or actual hours of pretreatment system operation.
(m)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application.
(2)
The Borough will evaluate the data furnished by the significant user
and may require additional information. After evaluation and acceptance
of the data furnished, the Borough may issue a significant user permit
subject to terms and conditions provided herein.
[2]
Editor's Note: User permit and significant user permit
applications are available upon request at the Manheim Municipal Building.
E.
Permit modifications. Upon the promulgation of a National Categorical
Pretreatment Standard, the significant user permit of significant
users subject to such standards shall be revised to require compliance
with such standard within the time frame prescribed by such standard.
F.
Permit conditions.
(1)
Significant user permits shall be expressly subject to all provisions
of this article and all other applicable regulations, user charges,
and fees established by the Borough. The permit may contain the following:
(a)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer.
(b)
Limits on the average and maximum wastewater constituents and
characteristics.
(c)
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(d)
Requirements for installation and maintenance of inspection
and sampling facilities.
(e)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(f)
Compliance schedules.
(g)
Requirements for submission of technical reports or discharge reports (see § 172-50, Pretreatment).
(h)
Requirements for maintaining and retaining plant records relating
to wastewater discharge for a minimum of three years, and in the case
of litigation, for a minimum of three years from the termination or
settlement of said litigation.
(i)
Requirements for notification of the Borough of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
(k)
Other conditions as deemed necessary by the Borough to ensure
compliance with this article.
(2)
Requirements for maintaining and retaining plant records relating
to wastewater discharge for a minimum of three years, and in the case
of litigation, a minimum of three years from the termination or settlement
of said litigation.
G.
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The significant user shall apply for permit reissuance a minimum of 180 days prior to the expiration of his significant user's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit, as limitations or requirements as identified in § 172-36 are modified or other just cause exists. The significant user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
H.
Permit transfer. Significant user permits are issued to a specific
significant user for a specific operation. A significant user permit
shall not be reassigned or transferred or sold to a new owner, new
significant user, different premises, or a new or changed operation
without the written approval of the Borough. Any succeeding owner
shall also comply with the terms and conditions of the existing permit.
I.
Reporting requirements in permits.
(1)
Compliance date report. Within 90 days following the date for final
compliance with applicable pretreatment standards, or in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any significant user subject to pretreatment standards
and requirements shall submit to the Borough a report indicating the
nature and concentration of all pollutants in the discharge from the
regulated process which are limited by pretreatment standards or requirements.
The report shall state whether the applicable pretreatment standards
or requirements are being met on a consistent basis, and if not, what
additional O&M and/or pretreatment is necessary to bring the significant
user into compliance with the applicable pretreatment standards or
requirements. This statement shall be signed by an authorized representative
of the significant user and certified by a qualified professional
engineer registered in the Commonwealth of Pennsylvania.
(2)
Periodic compliance reports.
(a)
Any significant user subject to a pretreatment standard after
the compliance date of such pretreatment standard, or in the case
of a new source, after commencement of the discharge to the POTW,
shall submit to the Superintendent during the months of June and December,
unless required more frequently in the pretreatment standards or by
the Superintendent, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such pretreatment
standards. In addition, this report shall include a record of all
daily flow which, during the reporting period, exceeded the average
daily flow allowed in the permit. At the discretion of the Superintendent
and in consideration of such factors as local high or low flow rates,
holiday, budget cycles, etc., the Superintendent may agree to alter
the months during which the above reports are to be submitted.
(b)
The Borough may impose mass limitations on significant users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 172-49I(2)(a) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Borough, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the Borough. All analyses shall be performed in accordance with procedures established by 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA.
J.
Monitoring facilities. The Borough Authority shall inspect the facilities
of any industrial user to ascertain whether the purpose of this article
is being met and all requirements are being complied with. Persons
or occupants of premises where wastewater is created or discharged
shall allow the Borough Authority or its representative(s) ready access
during all working hours to all parts of the premises for the purposes
of inspection, sampling, records examination, including the copying
thereof, or in the performance of any of his duties. The Borough Authority
and the EPA shall have the right to set up on the industrial user's
property such devices as are necessary to conduct sampling, inspection,
compliance monitoring, and/or metering operations. Where an industrial
user has security measures in force which would require proper identification
and clearance before entry into his premises, the industrial user
shall make necessary arrangements with his security guards so that,
upon presentation of suitable identification, personnel from the Borough
Authority and the EPA will be permitted to enter without delay for
the purposes of performing their specific responsibilities.
A.
Users and significant users shall provide necessary wastewater treatment
as required to comply with this article and shall achieve compliance
with all Federal Categorical Pretreatment Standards within the time
limitations as specified by the federal pretreatment regulations.
Any equipment or facilities required to pretreat wastewater to a level
acceptable to the Borough shall be provided, operated, and maintained
at the user's expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the Borough
for review and shall be acceptable to the Borough before construction
of the facility. The review of such plans and operating procedures
will in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to the
Borough under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be accepted by the Borough prior to the user's or significant
user's initiation of the changes.
B.
Annually, the Borough shall publish in a newspaper of general circulation
a list of the users and significant users who failed to comply with
any pretreatment requirements or standards at least once during the
previous 12 months. The notification shall also summarize any enforcement
actions taken by the Borough against the users and significant users
during the same 12 months. Reference: 40 CFR 403.8(f)(2)(VII).
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the Borough, the EPA or the approval
authority upon request.
A.
Information and data on a user or significant user obtained from
reports, questionnaires, permit applications, permits and monitoring
programs, and from inspections shall be available to the public or
other governmental agency without restriction unless the user or significant
user specifically requests and is able to demonstrate to the satisfaction
of the Borough and/or Borough Authority that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user or significant user.
B.
When requested by the person furnishing the report, the portions
of the 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 National Pollutant Discharge Elimination
System (NPDES) permit, state disposal permit, and/or the pretreatment
programs. Any such portions of a report shall be also 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.
A.
Notification of violation. Whenever the Borough finds that any user
or significant user has violated or is violating this article, his
user permit or significant user permit, or any prohibition, limitation
or requirements contained herein, the Borough may serve upon such
person a written notice, stating the nature of the violation. Within
30 days of the date of the notice, a plan for the satisfactory correction
thereof shall be submitted to the Borough by the user or significant
user.
B.
Harmful contributions.
(1)
The Borough may suspend a user permit or a significant user permit
whenever such suspension is necessary in the opinion of the Borough
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons, to the environment, causes interference to
the POTW, or causes the Borough to violate any condition of its NPDES
permit.
(2)
Any person notified of a suspension of his permit shall immediately
stop or eliminate the discharge. In the event of a failure of the
person to comply voluntarily with the suspension order, the Borough
shall take steps as deemed necessary to prevent or minimize damage
to the POTW system or endangerment to any individuals. The Borough
shall reinstate the permit upon proof of the elimination of the noncomplying
discharge by the user or significant user, payment of any damages,
fines, penalties or costs associated with the discharge, and the submission
of a detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence.
C.
Revocation of permit. Any user or significant user is subject to
revocation of a permit granted hereunder for violation of applicable
state and federal regulations or by reason of the commission of any
of the following acts:
(1)
Failure to report factually on discharge wastewater constituents
and characteristics.
(2)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(3)
Refusal to permit reasonable access to the premises for inspection
and monitoring.
(4)
Violation of the conditions of the permit.
D.
Appeal. A user, upon receipt of notification of suspension or revocation
of a user permit or significant user permit, may appeal the decision
in writing to the Council of Manheim Borough with a statement of reasons
therefor within 10 days of the notice. Such an appeal shall not act
as supersedeas.
E.
Notice of hearing. Thereafter, upon notice in writing given to the
permit holder or any agent or officer thereof at least five days prior
to the time fixed therefor, Council shall convene and conduct a hearing
on the propriety or lack thereof of the notice of suspension or revocation.
The cost of the stenographic transcript of such a proceeding shall
be borne by the appellant, who shall pay a filing fee of $300 to cover
the cost thereof.
F.
Method of decision. The findings and determinations of the Council
shall be in writing and shall be mailed to the owner or to his duly
authorized representative within 48 hours of the hearing, with a certified
copy thereof to be filed with the Borough Manager who originally served
the notice of suspension or revocation. The determination shall be
binding both upon the Borough Manager and all parties in interest.
G.
Action following appeal decision. If the decision of the Council
sustains the notice of suspension or revocation of permit, the user
shall be given 10 days' notice of the new date of suspension or revocation
by the Borough Manager.
H.
Legal action. If any person discharges sewage, industrial wastes,
or other wastes into the Borough Authority's wastewater disposal
system contrary to the provisions of this article, federal or state
pretreatment requirements, or any order of the Borough and/or the
Borough Authority or violates any other provision of this article,
the Borough Authority and/or the Borough Attorney(s) may commence
an action for appropriate legal and/or equitable relief in any court
of competent jurisdiction.
[Amended 7-14-1992 by Ord. No. 524]
A.
Prosecution and fines. Any user or significant user alleged to have
violated an order of the Borough or to have failed to comply with
any provision of this article or the orders, rules, regulations and
permits issued hereunder shall be prosecuted before a Magisterial
District Judge and, upon conviction thereof, shall be subject to a
fine of not less than $100 nor more than $1,000 for each offense and,
upon default of said fine and costs, to a term of imprisonment not
to exceed 30 days. Each day on which a violation shall occur or continue
to occur shall be deemed to be a separate and distinct offense.
B.
Civil remedies. In addition to prosecution as set forth in Subsection A hereof, the Borough may recover civil penalties of $1,000 per day per violation, damages, costs, reasonable attorneys' fees, court costs, and costs of court reporters' transcripts, as well as other expenses of litigation made necessary as the result of violations of this article or the orders, rules, regulations and permits issued hereunder, to be recovered in an action at law instituted by the Council against the user or significant user alleged to have been responsible therefor.
C.
Falsifying information. Any person who knowingly makes any false
statements, representations or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this article or wastewater contribution permit, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article, shall be subject to
prosecution or other legal action as provided herein or as otherwise
may be provided by law.
