[HISTORY: Adopted by the City Council of the City of Nanticoke
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-6-1991 by Ord. No. 14-1991 (Ch. 18, Part 1, of
the 2004 Code of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms and phrases used in this article shall be as
follows:
The quantity of oxygen, expressed in parts per million (ppm)
by weight, utilized in the biochemical oxidation of organic matter
under standard laboratory procedure for five days at 20° C. The
standard laboratory procedure shall be that found in the latest edition
of "Standard Methods for the Examination of Water and Sewage," published
by the American Public Heath Association.
The connection piping from the sewage drainage system of
any structure to the main collection sewer.
The amount of chlorine, in parts per million by weight, which
must be added to sewage to produce a specific residual chlorine content
or to meet the requirements of some other objective, in accordance
with procedures set forth in "Standard Methods."
The City of Nanticoke.
The City's sanitary sewers located under highways, roads,
streets and rights-of-way with branch service laterals that collect
and convey sanitary sewage or industrial wastes, or a combination
of both, and into which stormwater, surface water and groundwater
or unpolluted industrial wastes are not intentionally admitted.[1]
Each individual building or house, whether constructed as
a detached unit or as one of a pair or row, which is designed or adaptable
to separate ownership for use as a family dwelling unit or for commercial
or industrial purposes. A school, factory, apartment house, office
building or other multiple-unit structure whose individual apartments
or units are connected to a common internal sewage system and which
are not commonly subject to separate ownership shall be considered
as one connection unit per individual unit or apartment.
A family dwelling unit or the equivalent.
Solid wastes resulting from preparation, cooking and dispensing
of food and from handling, storage and sale of food products and produce.
The residue from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particles will
be carried freely in suspension under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2 inch
in any dimension.
Any property located, or a building lot for which a building
permit has been issued within the sewered area, upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
Any solid, liquid or gaseous substance discharged, permitted
to flow or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sanitary sewage.
When used herein, Nanticoke City.
Any person vested with ownership, legal or equitable, sole
or partial, of property located in the sewered area.
A weight-to-weight ratio; the parts-per-million value multiplied
by the factor 8.345 shall be equivalent to pounds per million gallons
of water.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions, expressed in grams per liter of solution, and indicates
the degree of acidity or alkalinity of a substance.
Normal water-carried household and toilet wastes discharged
from any improved property.
A sewer that conveys sewage or industrial wastes, or a combination
of both, and into which stormwater, surface water and groundwaters
or unpolluted industrial wastes are not intentionally admitted.
That part of the sewer system extending from a collection
sewer to the drainage system of any structure and is the same as a
building sewer.
The plant and facilities operated for such purpose to which
the sewer system is to be connected.
Any pipe or conduit constituting a part of the sanitary sewer
system used or usable for sewage collection purposes and to which
groundwater, surface water and stormwater is not intentionally admitted.
Each family dwelling unit or the equivalent which is connected
with the sanitary sewer system.
All facilities, as of any particular time, for collecting,
pumping, treating and disposing of sanitary sewage and industrial
wastes, situate in the sewered area and owned and/or operated by the
City.
The system of sewers and appurtenances for the collection,
transportation and pumping of sewage and industrial waste.
Those portions of the member municipalities in which there
shall be constructed a sewage collection system of the City in accordance
with the plans of the City, as from time to time constructed and extended.
"Shall" is mandatory; "may" is permissible.
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds for any period of longer duration than 15 minutes more than
five times its average hourly concentration or flow.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water,
Sewage, and Industrial Waste," published jointly by the American Public
Health Association, the American Water Works Association and the Water
Pollution Control Federation.
A sewer that carries stormwater, surface water and groundwater
drainage but excludes sewage and industrial wastes.
Includes any street, highway, road, lane, court, alley and
public square.
The extra charge in addition to the service charge rental
which is levied on those persons whose wastes are greater in strength
than the concentration values established as representative of normal
sewage.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtration. The standard laboratory procedure shall be that found
in the latest edition of "Standard Methods."
Any poisonous substance, including, but not limited to, copper,
cyanide and chromium ions.
Any water or liquid containing none of the following: free
or emulsified grease or oil, acids or alkalis, substances that may
impart taste and odor or color characteristics; toxic or poisonous
substances in suspension, colloidal state or solution; odorous or
otherwise obnoxious gases. It shall contain not more than 1,000 parts
per million by weight of dissolved solids and not more than five parts
per million each of suspended solids or biochemical oxygen demand.
Analytical determination shall be made in accordance with procedures
set forth in "Standard Methods."
Sanitary sewage and/or industrial wastes, as defined in this
section.
A.
The owner of any improved property accessible to and whose principal
building is within 150 feet from the sewer system shall connect such
improved property with and shall use such sewer system in such manner
as this City may require, within 60 days after notice to such owner
from this City to make such connection, for the purpose of discharge
of all sanitary sewage and industrial wastes from such improved property;
subject, however, to such limitations and restrictions as shall be
established herein or otherwise shall be established by the City from
time to time.
B.
All sanitary sewage industrial wastes from any improved property, after connection of such improved property with a sewer as required under Subsection A above, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this City from time to time.
C.
No person shall place or deposit or permit to be placed or deposited upon public or private property within this City any sanitary sewage or industrial wastes in violation of Subsection A above.
D.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A above to be connected to a sewer.
(1)
Every such privy vault, cesspool, sinkhole, septic tank or similar
receptacle in existence shall be abandoned and, at the discretion
of this City, shall be cleansed and filled at the expense of the owner
of such improved property and under the direction and supervision
of this City; and any such privy vault, cesspool, sinkhole, septic
tank or similar receptacle not so abandoned and, if required by this
City, not cleansed and filled shall constitute a nuisance, and such
nuisance may be abated as provided by law at the expense of the owner
of such improved property.
E.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
F.
The notice by this City to make a connection to a sewer referred to in Subsection A above shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
A.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or the sewer system without
first obtaining written permission from this City. Such permission
will be issued to owners required to connect to a sewer by ordinance
of the City, subject to compliance with the rates, rules and regulations,
and may be issued by the City to owners not so required to connect.
B.
Application for a permit required under Subsection A above shall be made by the owner of the improved property to be served or his authorized agent.
C.
No person shall make or cause to be made a connection of any improved
property with a sewer until such person shall have fulfilled each
of the following conditions:
D.
Except as otherwise provided in this Subsection D, each connection unit on each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown and then only after special permission of the City, in writing, shall have been secured.
E.
All costs and expenses of construction of a building sewer to the
collection sewer shall be borne by the owner of the improved property
to be connected, and such owner shall indemnify and save harmless
this City from all loss or damage that may be occasioned, directly
or indirectly, as a result of construction of a building sewer or
of connection of a building sewer to the collection sewer.
F.
Materials for a building sewer, jointing materials and methods of installation shall be in accordance with requirements of § 410-4 and shall be subject to approval of this City.
G.
The permit required by Subsection A above shall be displayed prominently upon the improved property to be connected to a sewer at all times during construction of the building sewer and connection of the building sewer to the collection sewer.
H.
A building sewer shall be connected to a sewer at the location so
designated by the City. No person shall make a connection directly
to or tamper with a collection sewer in any manner without City authorization.
(1)
Connections to the collection sewer shall be accomplished by a branch
or wye ("Y") fitting.
I.
Connections to service lateral, if provided by the City, if of the
same pipe size shall be made by properly joining to the bell end of
the service lateral provided. Where different types or sizes of materials
are to be joined, an approved adapting fitting shall be used. Projecting
the smaller pipe into the larger and sealing will not be permitted.
This applies also to the connection of the house drain to the building
sewer pipe.
J.
The City recommends that all abandoned cesspools and seepage pits
be filled with crushed stone, gravel or shale to prevent said pits
from caving in or from in any other way becoming a health or safety
hazard in the future.
[Amended 12-1-2004 by Ord. No. 16-2004]
A.
A building sewer shall be no less than four inches in internal diameter
except within public rights-of-way, where this pipe shall be six inches.
B.
Types of pipes.
(2)
Jointing materials for the various types of pipe shall be as follows:
(a)
Cast-iron pipe shall have leaded joints properly caulked or
neoprene rubber gaskets conforming to C.I.S.P.I. HSN-68T.
(b)
PVC pipe shall have solvent welded joints of the same schedules
as the pipe used. The solvent shall conform to ASTM D-25464 and the
fitting shall conform to ASTM D-R4GG (Schedule 40) and D-2467 (Schedule
80).
C.
Uniform bearing shall be provided along the entire length of a building
sewer, and all joints of a building sewer shall be watertight and
root-proof. No cement mortar joints shall be used.
D.
Where an improved property at the time of securing a permit under § 410-3A to connect to a sewer shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer, undiminished in inside diameter, but not less than four inches, to the public right-of-way, thence six inches to the collection sewer.
E.
A building sewer to serve one improved property may occupy the same trench as a building sewer to serve the next adjoining improved property; provided, however, that the common trench is on or immediately adjacent to the common property line and such joint occupancy is by mutual agreement of the owners concerned. This Subsection E is subject in all respects to Subsection D above.
F.
It shall be the duty of every person constructing or owning any building
connected to the sewer system to assure that their building sewer,
house drain and plumbing fixtures are adequate for the purpose and
will allow free passage of any material that enters or should enter
the system.
(1)
No change of the building sewer of any building shall be permitted
unless notice thereof shall have been given the City and approval
of the City thereto obtained in writing.
G.
Fittings in a building sewer shall conform to the type of pipe used
in construction.
H.
Changes in direction in a building sewer must be made only by use
of "Y" branches or of one-eighth or one-sixteenth bends. No one-fourth
bends will be permitted. Caulking of lead joints or alignment of self-sealing
joints to angles of less than one-sixteenth bend equivalent only shall
be permitted.
I.
Fittings or connections in a building sewer which have an enlargement,
chamber or recess with a ledge, shoulder reduction of pipe area that
shall offer any obstruction to flow, shall not be allowed.
J.
Leaded joints in cast-iron soil pipe in a building sewer shall be packed with oakum in the bell and spigot terminations and thereafter shall be filled with molten lead to a depth of at least one inch for pipes of four-inch and six-inch diameter, and 1.25 inches for eight-inch- and twelve-inch-diameter pipe, and not to be depressed more than 1/8 inch below the rim of the hub. The lead then must be caulked in place. No paint, varnish or other coating shall be permitted on the jointing material until after the building sewer has been tested and approved as provided in Subsections Q, R and S below.
K.
Basement floor drains shall not be permitted to be connected to the
building sewer except where it can be shown to the satisfaction of
the City that their connection is absolutely necessary.
(1)
A permit shall be obtained from the City before any floor drain may
be attached to the building sewer drainage system.
(2)
No permit for a basement floor drain shall be granted until the owner
of the building or his agent has executed, signed and filed with the
City a written statement releasing the City from any damage or personal
injury that may result.
L.
Cleanouts. Generally, cleanouts shall be provided in each building
sewer and at intervals to permit complete rodding with a one-hundred-foot-long
auger or tape. Cleanouts shall be constructed by using a "Y" fitting
in the run of pipe with a forty-five-degree bend and riser to the
ground surface. The riser pipe must be provided with a standard four-inch
screw-type ferrule and plug.
M.
Special conditions. Wherever, in the opinion of the City, the trenching
conditions require either specific type of pipe jointing material
or encasement in concrete, such materials as it may direct shall be
installed to protect the property owner and/or the City for special
conditions, as follows:
(1)
Where the trench is over 12 feet deep, extra-strength PVC pipe or
Class 3300 A.C. pipe or cast-iron pipe or Schedule 80 PVC or SDR-35
pipe must be used.
(2)
Where the trench is less than four feet deep in a traveled roadway,
special bedding consisting of crushed stone or concrete cradle, as
directed by the City, must be used.
(3)
Where lines are laid in fill, extra-heavy cast-iron soil pipe with
lead joints or neoprene rubber gaskets may be used.
(4)
Where foundation conditions are poor due to groundwater or subsurface
materials, a bedding of Pennsylvania Department of Transportation
No. 2B crushed stone at least six inches in depth shall be installed
beneath the pipe.
(5)
Where rock is encountered, the trench shall be excavated to a depth
of four inches below the bottom of the pipe and the trench refilled
to the grade line with clean earth or crushed stone.
N.
A building sewer may be provided with a horizontal trap, known as
a house trap, of not less than four-inch inside diameter. Such trap
shall be provided with a vent and cleanout openings, each to be at
a level at least equal to the finished grade level and to be provided
with bent cowls. Lines from such trap to such finished grade level
shall be of the same size and material as the building sewer.
O.
The house trap described under Subsection N above shall be located at a point approved by the City Inspector in accordance with rules and regulations applicable thereto, as adopted by this City. Such trap and its vent shall be on the property side of the curb.
P.
The slope or grade of a building sewer, when the inside diameter
is four inches or more, shall be no less than 1/4 inch per foot of
length and shall be downward in the direction of flow; provided, however,
that when a commercial or industrial establishment requires a building
sewer with an inside diameter of six inches or more, the slope shall
be no less than 1/8 inch per foot of length. When physically required
in order to connect with the sewer lateral, the slope of the building
sewer may be reduced to 1/8 inch per foot, but only with the permission
of this City.
Q.
This City shall observe all testing of a building sewer. All equipment
and material required for testing shall be furnished by the owner
of the improved property to be connected to a sewer.
(1)
In the event that a building sewer is not approved by this City,
further test or tests shall be made following completion of necessary
corrections. A fee, in an amount as established from time to time
by resolution of City Council, will be charged by this City for observation
of each test subsequent to the initial test.
R.
No building sewer shall be covered until it has been inspected, tested as provided in Subsection Q above, and approved. If any part of a building sewer is covered before so being inspected, tested and accepted, it shall be uncovered for inspection and testing at the cost and expense of the owner of the improved property.
S.
Every building sewer shall be tested by filling the same with water
completely, so that every section shall be tested with not less than
a ten-foot head of water. Water shall be kept in the building sewer
for 15 minutes before inspection starts, and no leakage shall be observable
at the time of inspection.
(1)
Upon approval of the test of a building sewer by this City, a certificate
of approval will be issued to the owner of the improved property to
be connected to a sewer.
T.
Whenever this City has reason to believe any building sewer has become
defective, such building sewer shall be subject to test and inspection.
Defects found upon such test and inspection shall be corrected as
required by this City, in writing, at the cost and expense of the
owner of the improved property served through such building sewer.
U.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
V.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to the City.
W.
Street opening permits and restoration of surface. Whenever the surface
of any public street, sidewalk or cartway is disturbed by construction
of the building sewer, the surfacing material must be restored in
kind and maintained to the satisfaction of this City and the city
involved. Any and all construction in a public street of the city
involved shall be in compliance with the ordinances of the city and
any and all construction in a state and county highway shall be in
compliance with the Pennsylvania Department of Transportation or requirements
of the Luzerne County Engineer, and specifications and all necessary
permits shall be obtained from the City and the city involved before
construction is commenced, including the permit required for opening
or disturbing the surface of a street.
X.
The construction of building sewers shall, at all times, be subject
to supervision and inspection by this City or its representative and
shall conform to this City's specifications. The building sewer shall
not be covered until permitted by this City, and all backfilling of
trenches shall be under its supervision and shall be thoroughly compacted
by tamping in six-inch layers to a minimum height of 12 inches above
the top of the pipe.
Y.
Connections with sewers where same are run through private property
shall in all respect be governed by these rates, rules and regulations
or subsequent revision.
Z.
No roof drainage, cellar, surface water, waste from hydrants or groundwater
from underground drainage fields shall be permitted to drain into
the sewer system. The sewer system is intended to convey sanitary
sewage and liquid wastes only.
AA.
The City shall have the right to close up or disconnect from the
sewer system any service lateral or building sewer used for carrying
rain, cellar drainage, surface water, groundwater or objectionable
matter whenever any violations of these rules and regulations are
committed.
BB.
The City shall not be liable for any damage or expense resulting
from leaks, stoppages or defective plumbing or from any other cause
occurring to any premises or within any house or building; and it
is expressly stipulated by and between this City and the owner that
no claims shall be made against this City on account of the breaking
or stoppage of or any damage or expense to any lateral, building sewer
or house connection when the cause thereof is found to be in the lateral,
building sewer or house connection.
CC.
The City shall not be liable for a deficiency or failure of service
when occasioned by emergency, required repairs or failure from any
cause beyond control. This City reserves the right to restrict the
use of sewer service whenever the public welfare may require it. In
consideration of the right to connect to the sewer system, this City
shall not be liable for any damage or expense resulting from leaks,
stoppages or defective plumbing or from any other cause occurring
to any premises or within any building, and it is hereby expressly
agreed by all persons making connection with the sewer system that
no claims shall be made against this City or the city on account of
the breaking or stoppage of, or any damage or expense to, any service
lateral or building sewer where the cause thereof is found to be in
such service lateral or building sewer.
[Amended 12-1-2004 by Ord. No. 16-2004]
A.
Any person desiring to do plumbing work upon any building sewer for
any improved property shall obtain from the City a permit authorizing
such individual to engage in such plumbing work. Such permits shall
be issued on a calendar-year basis. A fee, in an amount as established
from time to time by resolution of City Council, shall be charged
for issuance of each permit. Such permits shall be issued to such
individuals who have demonstrated by past performance to the satisfaction
of the City that they are qualified and capable of performing plumbing
work in accordance with good plumbing practice and shall be revocable
by this City for negligent or willful failure to comply with these
rates, rules and regulations. Such permits shall be reissued from
calendar year to calendar year by appropriate endorsement of this
City or by issuance of a new permit, at the discretion of this City,
upon payment of the required fee. Owners, their agents, employees
or independent contractors may do ditch preparation work independently
of the plumbing work involved upon receipt of a permit from the City
and subject to compliance with these regulations and inspection requirements.
B.
Any individual not possessing a permit as required under Subsection A above shall not perform any plumbing work upon any building sewer.
C.
The City reserves the right to revoke any permits issued under this
section for just cause; such notice of revocation to be given in writing
to the permit holder, stating the reasons for the action.
A.
If any person shall fail or refuse upon receipt of a notice of this
City, in writing, to remedy any unsatisfactory condition with respect
to a building sewer within 60 days of receipt of such notice, this
City may refuse to permit such person to discharge sanitary sewage
and industrial wastes into the sewer system until such unsatisfactory
condition shall have been remedied to the satisfaction of this City.
B.
This City reserves the right to refuse to any person the privilege
of connection of any improved property to a sewer or to compel discontinuance
of use of a sewer by any person or to compel the pretreatment of industrial
wastes in order to prevent discharge into the sewer system of wastes
which may be deemed by this City to be harmful to the sewer system
or to have a deleterious effect on sewage treatment process.
C.
This City reserves the right to adopt, from time to time, additional
rules and regulations as it shall deem necessary and proper relating
to connections with a sewer and the sewer system, which additional
rules and regulations, to the extent appropriate, shall be and shall
be construed as part of these rates, rules and regulations.
[Amended 12-21-1995 by Ord. No. 12-1995]
A.
There is hereby imposed a connection fee for each connection to be
made to the sewer system, which fee shall be payable upon application
for permit to make the connection, and which fee shall be calculated
by reference to the size of the building lateral so connected, as
follows:
(1)
For each improved property applying for a permit, the fee shall be
$275, plus the direct and indirect costs to the City for any construction
work accomplished by the City.
B.
Existing or proposed subdivisions connecting to the system must receive a permit from the City. This permit will be issued after the City has assured itself that the connection will be made properly. The cost for this permit shall be determined by multiplying $25 by the number of improved properties located in the subdivision at the time of application for the permit. All costs related to the connection shall be borne by the applicant. Thereafter, each individual improved property will receive its permit based on the fee schedule set forth in Subsection A, above.
C.
Sewer rents and maintenance charges are hereby established which
shall be payable and collected from the owner of each collection unit
located inside or outside the legal boundaries of the City which discharges
flows through, across or under the legal boundaries of the City.
D.
There is hereby imposed upon the owners and upon the users of each
collection unit served by the sanitary sewer facilities, for the use
thereof, an annual rent, to be computed and payable in accordance
with the following subsections of this section.
E.
Sanitary sewer rentals.
(1)
The sewer rent in respect of all residential properties, whether or not metered, served by the sewer system [other than those for which the rent is computed as provided in Subsection E(2) below] shall be computed on a flat-rate basis at the rate of $31.25 per quarter year per sewer rental unit or equivalent dwelling unit. The City reserves the right to change equivalency values from time to time, to add or delete property classifications and, in cases of dispute, to determine the proper classifications of any property. In the event that the City is not provided, upon request, with accurate information, including supporting documents, necessary in order to determine a user's classification or rate hereunder, the City's estimate or determination shall be conclusive.
[Amended 9-16-2015 by Ord. No. 6-2015; 11-20-2019 by Ord. No. 7-2019]
(2)
If two or more dwellings, apartments, stores, commercial or industrial establishments are connected to the sewer system through a single lateral, or if two or more families use separate cooking and/or toilet facilities in a single dwelling, the sewer rent payable under Subsection E(1) above shall be computed as though each such dwelling, apartment or small unmetered commercial establishment and each such family were a separate property or user with a separate connection to such sewer system.
(3)
The sewer rent in respect of nonresidential properties, upon application to the City, may be computed by meter on the basis of gallonage of discharge per quarter year or monthly, as the City may determine, at the rates outlined in Subsection G below, but in no case will the minimum charge be less than $37.50 per quarter.
[Amended 9-16-2015 by Ord. No. 6-2015]
F.
The annual sewer rental and maintenance fee in respect of nonresidential
properties served by a metered water supply shall be computed on the
basis of gallonage of water usage per quarter year, at the following
rates:
(1)
Rates.
[Amended 9-16-2015 by Ord. No. 6-2015]
(a)
First 12,000 gallons per quarter: $3.125 per 1,000 gallons.
(b)
Next 188,000 gallons per quarter: $2.157 per 1,000 gallons.
(c)
Next 200,000 gallons per quarter: $1.285 per 1,000 gallons.
(d)
Next 20,000,000 gallons per quarter: $1.102 per 1,000 gallons.
(e)
Next 30,000,000 gallons per quarter: $0.995 per 1,000 gallons.
(f)
Next 40,000,000 gallons per quarter: $1.903 per 1,000 gallons.
(g)
Minimum charge: $37.50 per quarter; $150 per year.
(2)
Metered accounts shall be billed based upon the actual gallonage
used per quarter, as determined by the Pennsylvania Gas and Water
Company's meter readings or meters of other suppliers. Invoices
shall be issued quarterly. If current meter readings are not available
at the time of billings, an estimated amount may be computed based
on previous usage.
(3)
The City of Nanticoke shall designate, by resolution, a collection
agent who or which is authorized to collect such annual sewer rental
or charge, together with any penalty and/or interest thereon. Said
agent shall perform the duties of said office in accordance with the
rules and regulations of the Wyoming Valley Sanitary Authority which
were adopted on June 19, 1967, and as amended.
(4)
The said rules and regulations of the Wyoming Valley Sanitary Authority
are hereby incorporated in this article by reference as though the
same were more fully set forth herein at length and as the same may
be amended, from time to time, by the Board of Directors of the Wyoming
Valley Sanitary Authority.
G.
Time and method of payment; interest. The flat-rate sewer rents imposed by Subsection E above shall be payable quarterly in advance, and rent for each quarter shall be billed and payable on a quarter annual date for each owner or user. Rent for the quarter in which the connection is made shall be prorated and shall be billed in conjunction with the next regular quarterly billing or by special billing, as the official responsible for billing may elect.
(1)
The water usage sewer rents imposed by Subsection F above shall be payable upon billing and shall be billed and payable on a quarterly or monthly basis, as the City may determine. The respective dates of quarterly or monthly meter reading and billing, as the case may be, in respect of the several properties subject to such sewer rents shall be established by the City and may be on a cycle or staggered basis. The first such reading and billing in respect of each such property may be based upon such time period not exceeding three months as the City may determine, with appropriate proration of the rent in respect of any such periods which vary from an exact quarter year.
(2)
Bills for sewer rent shall be mailed to the address of the record
owner of the unit unless and until a different address is specified
by the owner or user of the property to the City. Failure to receive
a bill as a result of incorrect address or otherwise shall not excuse
nonpayment of sewer rent or extend the time for payment.
(3)
If any quarterly installment of sewer rent is not paid within 30
days after the date of the bill, a ten-percent penalty shall be added
thereto; and if the installment plus penalty is not paid within 60
days after the date of the bill, the aggregate amount thereof shall
bear interest from the penalty date at the rate of 1/2 of 1% per month
or fraction thereof.
H.
Measuring volume of wastewater.
(1)
Method of measuring volume.
(a)
It shall be the responsibility of the owner of an industrial,
commercial or institutional property or, if the City shall so decide,
it may be the responsibility of the City to so measure the flow of
water to the said facility and/or the flow of industrial waste and/or
sanitary sewage out of the said facility that the volume of wastewater
being discharged into the sewer system may be determined with reasonable
accuracy to the satisfaction of the City.
(b)
If it is not practical, in the opinion of the City, to so measure
the volume of wastewater being discharged into the sewer system, then
this City shall, in such a manner and by such method as it may prescribe,
estimate such volume, which estimate shall be final for the then-current
fiscal year of the City.
(2)
Measuring devices. Meters or other measuring devices required to
comply with the above provisions shall be furnished, installed, repaired
and maintained by the owner at his expense and shall be accessible
to the City at all reasonable times for testing, inspection or repair.
Should the owner fail, after notice, to keep required meters in good
operating condition, the City may make replacements and repairs made
necessary by ordinary wear and tear or other causes. Bills for such
repairs, if made by this City, shall be due and payable immediately
upon completion of such repairs and shall be collected in the same
manner as quarterly bills for sewer rental and charges.
(3)
Meter readings. The City shall be responsible for the reading of
all meters or other measuring devices, and the same shall be available
to this City at all reasonable times.
I.
Unpaid claims; liens. Any unpaid sewer rent (together with penalties
and interest therein to the extent permitted by law) shall be a lien
on the property served which may be collected by action in assumpsit,
by distress of personal property on the premises or by a lien filed
in the nature of a municipal lien as and to the extent provided by
law. In addition, the City may require any water utility to shut off
the water supply to any property with respect to which the sewer rent
imposed hereby is unpaid until all such sewer rent, together with
interest and penalties as aforesaid, is paid.
A.
Admission of industrial wastes into the sewer system.
(1)
Approval required for industrial wastes. Industrial wastes may be
discharged into the sewer system, but only upon prior written permit
issued by the City. Application for any such permit shall be accompanied
by such information relating to the nature or character of the industrial
waste proposed to be discharged or otherwise, including, without limitation,
a detailed engineering report in respect thereof or an industrial
wastes questionnaire prepared by a registered engineer or engineering
firm, as the City may reasonably require. Any permit issued under
this section may be conditioned upon compliance with such reasonable
restrictions as the City may impose. No permit for the discharge of
industrial wastes issued under this section shall be deemed to give
any right to the applicant to continue such use, and any such permit
may be revoked by the City at any time.
(2)
Preliminary treatment and handling of industrial wastes. Whenever
necessary, in the opinion of this City, the owner of improved property
shall provide, at his expense, such facilities for preliminary treatment
and handling of industrial wastes as may be necessary to:
(a)
Reduce BOD to 250 ppm and suspended solids to 300 ppm by weight.
(b)
Reduce objectionable characteristics or constituents to come
within the maximum limits permitted in these rate, rules and regulations.
(c)
Control the quantities and rates of discharge over a twenty-four-hour
day and a seven-day week.
B.
Prohibited wastes.
(1)
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water or unpolluted industrial or unpolluted commercial process water
into any sewer. Except as otherwise provided in these rates, rules
and regulations, no person shall discharge or cause to be discharged
any of the following described wastes or water into the sewer system:
(a)
Having a temperature of higher than 150° F.
(b)
Containing more than 120 parts per million by weight of tar,
oil and/or grease.
(c)
Containing any gasoline, benzine, naphtha, fuel, oil or other
flammable or explosive liquids, solids or gases.
(d)
Containing any garbage which has not been ground by a household-type
or other suitable garbage grinder.
(e)
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, cotton,
wool or other solid or viscous substances capable of causing interference
with proper operation of the sewer system.
(f)
Having a pH lower than 6.0 or higher than 9.0 or having any
other corrosive property causing damage or hazards to structures,
equipment or operating personnel of the sewer system.
(g)
Containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage or sludge treatment process,
constitute hazards to humans or create any hazard in operation of
the sewer system. Toxic wastes shall include, but not by way of limitation,
wastes containing cyanide, chromium and/or copper ions.
(h)
Containing noxious or malodorous gases or substances capable
of creating a public nuisance.
(i)
Any water or waste containing suspended solids of such character
and quantity that unusual attention or expense shall be required to
handle such water or waste at the sewage treatment plant.
(j)
Any toxic radioactive isotopes, except by special permission
of this City.
(k)
Any drainage from building construction.
(2)
Gas stations and garages may be required to provide oil interceptors
of the types Series GA, GX, GWC, GRC of Josam Manufacturing Company,
Michigan City, Indiana, or equivalent, in the proper location where
the dangerous liquids are to be intercepted.
(3)
Restaurants or other commercial establishments, as directed, may
be required to provide grease interceptors of the type Series J of
the Josam Manufacturing Company, or equivalent.
(4)
Nothing contained in this Subsection B shall be construed as prohibiting any special agreement or arrangement between this City and any person whereby industrial wastes of unusual strength or character may be admitted into the sewer system by this City either before or after this preliminary treatment.
C.
Regulations governing admission of industrial wastes into the sewer
system.
(1)
Control manholes.
(a)
Any person who shall discharge industrial wastes into the sewer
system, when required by this City, shall construct and thereafter
properly shall maintain, at his own expense, a suitable control manhole
to facilitate observation, measurement and sampling by this City.
(b)
Any such control manhole, when required by this City, shall
be constructed at an accessible, safe, suitable and satisfactory location
in accordance with plans approved by this City prior to commencement
of construction.
(2)
Grease, oil and sand interceptors. Grease, oil and sand interceptors
shall be provided by the applicant when they are required by the City
for the proper handling of liquid wastes containing grease in excessive
amounts, or flammable wastes, sand or other harmful ingredients. All
such interceptors shall be of a type and capacity approved by the
City and shall be located as to be readily and easily accessible for
cleaning and inspection. Where any such required facilities or interceptors
are constructed, they shall be maintained continuously in satisfactory
and effective operation by the applicant at his expense.
(3)
Sewage sampling. Industrial wastes being discharged into the sewer
system shall be subject to periodic sampling, inspection and determination
of character and concentration. Such sampling, inspection and determination
shall be made by this City as frequently as may be deemed necessary,
and the cost for the analysis will be billed to the industry. Sewage
sampling facilities shall be accessible to this City at all times.
Due care shall be exercised in the collection and preservation thereof
in as nearly the natural state as possible, including refrigeration
of all samples which are intended for analysis by biochemical methods.
(4)
Analysis.
(a)
This City shall be responsible for analysis of samples of industrial
wastes.
(b)
Laboratory methods used in the analysis of samples of industrial
wastes shall be those set forth in the latest edition of "Standard
Methods for the Examination of Water and Sewage," as published by
the American Public Health Association; provided, however, that alternate
methods for the analysis of industrial wastes may be used, subject
to mutual agreement between this City and the person discharging such
industrial wastes into the sewer system.
(5)
Changes in type of wastes. Any owner of an improved property who
is discharging industrial wastes into the sewer system and who contemplates
a change in the method of operation which will alter the type of industrial
wastes at the time being discharged into the sewer system shall notify
this City, in writing, at least 10 days prior to consummation of such
changes.
D.
Slugs and equalized discharge. No person shall cause the discharge
of slugs of water or wastes. The City may require, without limitation,
the construction of flow-equalization facilities to assure a uniform
rate of discharge.
E.
Computation of surcharge. The surcharge per person shall be determined
as follows:
(1)
The excess pounds of five-day biochemical oxygen demand (BOD), suspended solids (SS), and chlorine demand will be computed by multiplying the persons wastewater flow volume in million gallons per day by the constant 8.345 and then multiplying this product by the difference between the person's concentration of biochemical oxygen (BOD), suspended solids (SS), and chlorine demand in mg/l (parts per million by weight) and the "normal" concentration of 250 mg/l BOD, 200 mg/l SS, and five mg/l chlorine demand. The surcharge for each constituent will then be determined by multiplying the excess pounds of each constituent by the appropriate rate of surcharge listed in Subsection F below. This product will then be multiplied by the number of days in the billing period to determine the surcharge.
G.
Discount for off-peak discharge. When approved by the City, in its absolute and sole discretion, a thirty-percent discount from the rates listed in § 410-7C will be given for discharge during the off-peak hours from approximately 12:00 midnight to 6:00 a.m., depending upon location. The industrial discharger must provide the necessary facilities and controls to store the wastewater during the day and discharge only during the specified off-peak (nighttime) hours. This discount is offered to encourage the use of the full capacity of the treatment plant during the off-peak hours and will be offered only until this unused capacity is committed.
H.
Revision of rates. The rates of surcharge shall be reviewed periodically
by the City in order to determine whether they are sufficient to defray
the fixed charges, amortization costs and annual cost of operation,
as determined from the sewage treatment plant records. If the difference
between the revenue derived from the rates of surcharge and the total
annual cost is sufficient to justify an increase or decrease in the
rates, the City shall make the appropriate change.
A.
Construction of extensions. In cases where a builder or developer
desires or is required by local ordinance to install collection sewers,
service laterals and building sewers to every housing unit within
a housing development prior to their individual sale, he may do so
upon meeting all conditions as set forth in this section and in other
sections of these rates, rules and regulations. Plot plans for such
a development must be submitted to the City for approval prior to
any construction. Sewer plans conforming to all original specifications
established by the City as to type of pipe, location of mains, size
of pipe, grades, all necessary appurtenances will be prepared by the
City's Engineer prior to approval from the necessary state agencies.
The engineering fees and charges for permits shall be paid by the
builder or developer to the City. In no case will lesser standards
than exist in the presently constructed sewer system and as outlined
in these rates, rules and regulations be permitted for any future
extensions which may be constructed by and at the expense of the builder
or developer, but only under the inspection of an inspector designated
by the City and/or its Engineer. The cost of such inspections, including
salaries and expenses, shall be borne by the builder or developer
making the extensions.
B.
In addition to the above, the developer or builder shall provide
a duly executed maintenance bond in the amount of 100% of the construction
costs as security for the maintenance of the work described in the
approved plans and specifications for a period of one year from the
date of acceptance of said work, and having as surety each surety
company or companies as are acceptable to the City.
C.
Upon completion of the sewer system for a housing development or
subdivision and following formal acceptance by the City, the ownership
of said sewer system shall be deeded to the City, after which time
the City will assume all maintenance and operation of said system
except that maintenance which is specifically excluded at the time
of acceptance.
[Amended 12-21-1995 by Ord. No. 12-1995]
A.
Access. This City shall have the right of access at reasonable times
to any part of any improved property served by the sewer system as
shall be required for purposes of inspection, measurement, sampling
and testing and for performance of other functions relating to service
rendered by this City through the sewer system.
B.
Additional rules and regulations. This City reserves the right to
amend, by motion or resolution, these rates, rules and regulations
or to adopt, by motion or resolution, additional rates, rules and
regulations from time to time as it shall deem necessary and proper
in connection with the use and operation of the sewer system or as
may be required to meet necessary costs and expenses.
C.
Variance from rules. No officer or employee of the City is authorized
to vary these rules without action by the City.
D.
Control of service. The City shall not be liable for a deficiency
or failure of service when occasioned by an emergency, required repairs,
or failure from any cause beyond control. The City reserves the right
to restrict the use of sewer service whenever the public welfare may
require it.
E.
Vacating premises. When premises are vacated, the property owner
must give notice at the office of the City, and he will be responsible
for the sewage charges until such notice is given.
F.
Notice of change of ownership. Each property owner must give the
City or its authorized representative written notice of any change
of ownership of any improved property.
G.
Abatement from bills. An owner desiring an abatement from sewage
bills shall report same in writing or call in person at the office
of the City. All vacancies shall date from the day reported at the
office of the City. When vacancy is properly reported, an allowance
will be made for the period of vacancy, but not for a period of less
than 90 consecutive days.
[Amended 12-1-2004 by Ord. No. 16-2004]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs or to a term of imprisonment
not to exceed 90 days, or both. Each day that a violation of this
article continues shall constitute a separate offense.
It is declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this City.
The City does hereby agree and covenant to keep this article
or a subsequent similar ordinance requiring such connections in full
force and effect continuously during the time the City owns and operates
the sewer system and to enforce the same as may be permitted by law.
[Adopted 4-18-2012 by Ord. No. 5-2012[1]]
[1]
Editor's Note: This ordinance also repealed the Wastewater
Collection and Treatment Ordinance of April 1, 1991 (Ord. No. 12-1991).
A.
The City of Nanticoke (hereinafter the "municipality") owns and operates
a wastewater collection system which is subject to a service agreement
with the Wyoming Valley Sanitary Authority for the collection and
treatment of wastes and sewage collected by such system and contributed
by residents of the municipality.
B.
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection system and enables the
municipality and the Authority to comply with all applicable state
and federal laws as required by the Federal Clean Water Act of 1977,
the General Pretreatment Regulations (Title 40 Code of Federal Regulations,
Part 403), the Pennsylvania Clean Streams Law, and the provisions
of the service agreement.
C.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the wastewater collection
and treatment system which will interfere with the operation of the
system, contaminate the resulting sludge, be difficult to treat by
conventional means or otherwise be incompatible with the system;
(2)
To prevent the introduction of pollutants into the wastewater system
which will pass through the system, inadequately treated, into receiving
streams or the atmosphere, causing pollution;
(3)
To improve the opportunity to recycle and reclaim wastewater and
sludges from the system; and
(4)
To provide for equitable distribution of costs occasioned by the
acceptance of industrial or other wastes of unusual characteristics.
D.
This article provides for the regulation of contributors to the municipal
wastewater system through the establishment of standards for discharge
of wastes; by authorizing the issuance of permits to certain nondomestic
users; by providing general requirements for all users; by authorizing
monitoring and enforcement activities; by requiring certain reporting
by users; and by providing for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
E.
This article shall apply to all persons who discharge wastes, wastewater
or sewage into the sanitary sewer system of the municipality. Except
as otherwise provided herein, the Executive Director of the WVSA shall
administer, implement and enforce the provisions of this article.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, have the meanings hereinafter
designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act of 1977," as amended, 33 U.S.C. § 1251
et seq.
The administrator of the EPA, Region III, or the Department
of Environmental Protection (PADEP) if duly authorized by the EPA
to administer the pretreatment program.
The person authorized to sign required reports, as defined
at 40 CFR 403.12(1).
Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the provisions of this article, including the prohibitions listed in § 410-16, and other pretreatment standards and requirements. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. For purposes of determining significant noncompliance under § 410-55 of this article, BMPs are considered a narrative pretreatment standard or requirement.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, as specified,
in five days at 20° C., expressed in terms of weight and concentration
[milligrams per liter (mg/l)].
An industrial user that is subject to a national categorical
pretreatment standard.
The measure of the oxygen-consuming capacity of inorganic
and organic matter present in water, sewage, industrial wastewater,
or other liquid as determined by standard laboratory procedure, as
specified, expressed as milligrams per liter (mg/l).
The WVSA (Wyoming Valley Sanitary Authority).
The water discharged from any system of condensation, such
as air conditioning, cooling or refrigeration and which does not contain
any pollutants or contaminants at levels which would require regulation
under this article. Cooling water which contains pollutants or contaminants
which requires regulation shall be considered industrial wastewater.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The normal waterborne sewage and other wastes normally discharged
by a household, including toilet wastes, laundry, wash water and other
gray water, and similar wastes.
A user who discharges only domestic sewage.
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.
The person designated as such by the WVSA to supervise the
operation of WVSA facilities, or his or her duly authorized representative.
A sample which is taken from a waste stream on a one-time
basis with no regard to flow and over a period of time not exceeding
15 minutes.
A storage tank installed by the user to hold such industrial
wastewater which is prohibited from being discharged to the sanitary
sewer system and from which the contents must be hauled to a disposal
site. Such tank shall be approved by the municipality and shall not
be connected to the sanitary sewer system.
The discharge or the introduction of pollutants into the
sanitary sewer system from any nondomestic user.
Any user that discharges industrial wastewater.
Liquid waste and waterborne liquid, gaseous and solid substances
(except domestic sewage which is separately discharged) that is discharged
from any industrial, manufacturing, trade or commercial establishment,
including nonprofit organizations, governmental agencies or business
activities. If domestic sewage is mixed with industrial wastewater,
the mixture is industrial wastewater.
A permit authorizing the discharge of industrial wastewater
into the sanitary sewer system.
The inhibition or disruption of the WVSA treatment process
or operations such as to cause or threaten to cause or contribute
to a violation of any requirement of the WVSA's NPDES permit,
including an increase in the magnitude or duration of any violation.
The term includes prevention of sewage sludge use or disposal by the
WVSA in accordance with Section 405 of the Act, or any criteria, guidelines,
or regulations developed pursuant to the Solid Waste Disposal Act
(including the RCRA), the Clean Air Act, the Toxic Substances Control
Act, or any more stringent state criteria for the use or disposal
of sewage sludge.
Indirect discharge limits, which may include best management
practices, established by the WVSA as required by 40 CFR 403.5(c)
(which such limits shall be deemed "pretreatment standards"), and
any other limits developed by WVSA to implement the provisions of
this article or the WVSA Rules and Regulations.
EPA-promulgated indirect discharge standards for certain
industrial process categories under Section 307(b) and (c) of the
Act, which are codified at 40 CFR Chapter I, Subchapter N, Parts 405
through 471.
Any source, the construction of which is commenced after
publication of proposed pretreatment standards under Section 307(c)
of the Act which will be applicable to such source, if such standard
is thereafter promulgated, as defined at 40 CFR 403.3(m)(1).
A user engaged, wholly or in part, in the manufacturing,
fabricating, processing, cleaning, laundering, bottling or assembling
of a product, commodity or article, or in any commerce or trade, and
which discharges, or has the capacity to discharge, wastewater other
than domestic sewage.
An industrial user subject to national categorical pretreatment
standards that is determined by the control authority to be a nonsignificant
industrial user on a finding that it never discharges more than 100
gallons per day of industrial waste subject to national categorical
pretreatment standards and that the following conditions are met:
The industrial user, prior to the control authority's determination,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the following certification
statement, together with any additional information necessary to support
the certification statement:
|
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the Categorical Pretreatment Standards
under 40 CFR (insert applicable section), I certify that, to the best
of my knowledge and belief, during the period from ___________ to
__________ [month, day, year]: (a) The facility described as __________
[facility name] met the definition of a nonsignificant categorical
industrial user as described in § 403.3(v)(2); (b) the facility
complied with all applicable pretreatment standards and requirements
during this reporting period; and (c) the facility never discharged
more than 100 gallons of total categorical wastewater on any given
day during this reporting period. This compliance certification is
based upon the following information: __________"
|
The industrial user never discharges any untreated concentrated
wastewater.
The result of the Hexane Extractible Materials Test, EPA
Method 1664, or an equivalent method approved by the EPA.
A discharge which exits the WVSA treatment plant into the
receiving stream in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, causes
or contributes or threatens to cause or contribute to a violation
of any requirement of the WVSA'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 or any other legal entity, or their legal representatives,
agents or assigns.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions.
The alteration of the thermal, chemical, physical, biological
or radiological integrity of, or the contamination of, any water to
the extent that the water is rendered harmful, detrimental or injurious
to humans, animal life, vegetation or property, or to public health,
safety or welfare, or that impairs the usefulness of the public enjoyment
of that water. The violation of any water quality standard or criterion
established by the PADEP through regulation, rule, permit or order
shall be pollution.
The reduction by physical, chemical or biological means of
the amount or rate of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater
to a less harmful state prior to discharge, except by means prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, which is imposed on an industrial
user.
National categorical pretreatment standards and national
prohibited standards as stated at 40 CFR Part 403.5, and local limits
developed to implement the national prohibited standards.
Any waste which is totally restricted from discharge into
the sanitary sewer system by this article.
All of the property involved in the operation of a sanitary
sewer collection and treatment facility, including but not limited
to land, wastewater lines, appurtenances, pumping stations, metering
chambers, and the wastewater treatment plant, whether owned by the
municipality, the WVSA, or any other person.
"Shall" is mandatory; "may" is permissive.
Any user, not classified as a nonsignificant industrial user
by the WVSA:
That is subject to national categorical pretreatment standards;
That discharges an average flow of 25,000 gallons or more per
day of process wastewater (excluding sanitary, noncontact cooling
and boiler blowdown wastewater);
That contributes a process waste stream which makes up 5% or
more of the average dry weather hydraulic or organic capacity of the
WVSA's treatment plant; or
That is designated as such by the WVSA on the basis that the
user has a reasonable potential for adversely affecting the WVSA's
operation or for violating any pretreatment standard or requirement.
As defined in § 410-55 of this article.
Any discharge of a nonroutine episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge
which has reasonable potential to cause interference or pass-through
or in any other way violate the provisions of this article, any industrial
wastewater discharge permit, or any provision of the WVSA Rules and
Regulations.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
An additional service charge levied against any person for
discharging wastewater into the sanitary sewer system that requires
additional handling, treatment, disposal or other costs.
The total suspended matter that floats on the surface of
or is suspended in water, and which is removable by filtration.
A municipal corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, under the Municipal Authorities
Act of 1945,[1] as amended, with which the municipality has a service
agreement providing for the collection and treatment of wastewater
flowing from the sanitary sewer system of the municipality. The principal
place of business of the WVSA is located at 1000 Wilkes-Barre Street,
Wilkes-Barre, Pennsylvania 18711.
Pollutants designated by EPA under the provisions of Section
307(a) of the Act, as listed on Tables II and III of Appendix D of
40 CFR Part 122.
Any person who contributes, causes or permits the contribution
of wastewater into the WVSA.
Domestic sewage, industrial wastewater, and any other wastes
or water-borne matter discharged, deposited or released by any person.
The facilities owned and operated by the WVSA for the treatment
and disposal of wastewater.
All facilities owned, maintained or operated by the WVSA,
including the treatment plant, interceptor sewers, pumping stations,
and other such facilities.
[1]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See
now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
A.
No person shall discharge, release, place or allow to be placed any
wastewater of any nature into any stream, storm sewer, waterway or
any other place within the municipality other than the sanitary sewers.
B.
No user shall contribute, cause or allow to be discharged, directly
or indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the sewer system or the WVSA facilities.
These general prohibitions apply to all users of the sewer system,
whether or not the user is subject to any pretreatment standards or
requirements or any other federal, state or local pretreatment standards
or requirements. A user shall not contribute the following substances
to the sanitary sewer system or the WVSA's facilities:
(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 any
other substance, to cause fire or explosion or be injurious in any
other way to the WVSA or to the operation of the WVSA's treatment
plant. Discharges prohibited under this section shall include, but
not be limited to, waste streams with a closed cup flashpoint of less
than 140° F. or 60° C. using the test methods specified in
40 CFR 261.21. At no time shall two successive readings on an explosion
hazard meter at the point of discharge into the system (or 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, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which cause or contribute to a fire hazard
or a hazard to the sewer system in the quantities or concentrations
discharged.
(2)
Any wastewater having a pH value less than 6.0 or greater than 11.5
in any grab sample, or a wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment and/or
personnel.
(3)
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, 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, plastic, gas, tar, asphalt residues, mud, or glass
grinding or polishing wastes.
(4)
Any pollutants, including oxygen-demanding pollutants (BOD, etc.),
released at a flow rate and/or pollutant concentration which a user
knows or has reason to known will cause interference to the sewer
system. In no case shall a discharge have a flow rate or contain a
concentration of pollutants that exceeds for any time period longer
than 15 minutes more than five times the average twenty-four-hour
flow or concentration of pollutants during normal operation. Notwithstanding
the criteria above, any slug discharge shall be prohibited.
(5)
Any wastewater having a temperature which will inhibit biological
activity in the WVSA treatment plant resulting in interference, but
in no case any wastewater with a temperature at the introduction into
the WVSA facilities which exceeds 40° C. (104° F.).
(6)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with any wastewater treatment process,
which will cause pass-through or interference, or exceed the limitation
set forth in a national categorical pretreatment standard or local
limit.
(7)
Any discharge which may result in the presence of toxic gases, vapors
or fumes within the treatment system in a quantity that may cause
acute worker health and safety problems or is sufficient to create
a public nuisance or hazard.
(8)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass-through.
(9)
Any trucked or hauled pollutants, except at discharge points designated
by the WVSA.
(10)
Any substance which may cause the WVSA treatment plant's
effluent or any other product of the WVSA, such as residues, sludges
or scums, to be unsuitable for reclamation and reuse or to interfere
with the reclamation or disposal process. In no case shall a substance
discharged to the WVSA's facilities cause the WVSA 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 Substances Control Act,
or state criteria applicable to the sludge management or disposal
method being used.
(11)
Any substance which will cause or contribute to a violation
of the WVSA's NPDES permit or cause interference or pass-through,
as established by the local limits adopted by the WVSA.
(12)
Any wastewater with color not removed in the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions
such as would cause or contribute to pass-through or interference.
(13)
Any wastewater containing any radioactive wastes or isotopes
by such half-life or concentration as may exceed limits established
by the Executive Director in compliance with applicable state or federal
regulations.
(14)
Any substance which causes a hazard to human life or creates
a public nuisance.
C.
When a local limit has been developed to implement any of the above
prohibited waste standards, compliance with the local limit shall
be deemed compliance with the prohibited waste standard unless the
user has reason to know that the discharge, notwithstanding the local
limit, has a reasonable potential to cause interference or pass-through.
Upon the promulgation of national categorical pretreatment standards
for a particular industrial category or subcategory, the national
standards, if more stringent than limitations imposed under this article
for sources in that subcategory, shall immediately supersede the limitations
imposed under this article. The Executive Director shall notify all
affected users of the applicable reporting requirements under 40 CFR
403.12. However, failure to notify a categorical user of the applicable
regulations shall not act to excuse any such user from its duty to
comply with applicable law.
No user shall contribute or cause to be contributed any discharge
which by nature shall cause an upset in the performance of the WVSA's
treatment system or pass-through or interference such that the WVSA
will violate or will be in danger of violating any provision of its
NPDES permit or applicable state or federal regulations.
A.
The WVSA will develop local limits as set forth in 40 CFR Part 403.5,
and such other local limits as it deems advisable for the safe, efficient
and reliable operation of the sewer system and the WVSA facilities.
Local limits shall be applicable to such users as WVSA shall designate,
including but not limited to all industrial users.
B.
WVSA may develop equivalent mass limits or equivalent concentration
limits to implement categorical pretreatment standards when requested
by a categorical industrial user, pursuant to the provisions at 40
CFR 403.6(c)(5) and (6).
State requirements and limitations on wastewater indirect discharge
shall apply in any case where they are more stringent than federal
and/or local requirements and limitations or those in this article.
The municipality reserves the right to establish more stringent limitations or requirements on discharges to the sewer system if deemed necessary to comply with the objectives presented in § 410-14 of this article.
No 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 national categorical pretreatment standards, or in any pollutant-specific limitations developed by the WVSA or the commonwealth. Provided, however, that dilution may be an acceptable means of complying with certain of the prohibitions set forth in § 410-16, e.g., the pH and temperature prohibitions, if such dilution is authorized by an industrial wastewater discharge permit.
No user shall discharge any stormwater, including but not limited
to basement or foundation drainage, or any uncontaminated cooling
water into the sanitary sewer system, provided that such discharges
are allowable into those portions of the sewer system (if any) that
are designated combined sewers by the municipality. When, upon application
to do so, the direct discharge of uncontaminated cooling water has
been prohibited by the PADEP, the municipality and WVSA may permit
such a discharge into the sanitary sewer system upon application by
the user to do so.
The purpose of this section is to provide for the recovery of
costs from users of the WVSA's facilities for the implementation
of the discharge control program established herein. In consideration
of the service provided by WVSA and as provided in the service agreement,
WVSA is hereby authorized to collect from users within the municipality
all such charges or fees as shall be set forth in the WVSA's
Schedule of Charges and Fees.
A.
The municipality and/or the WVSA may adopt charges and fees, which
may include:
(1)
Fees for reimbursement of clerical, labor and overhead costs of administering
and operating the WVSA's pretreatment program;
(2)
Fees for monitoring, inspections and sampling of industrial users,
including any extraordinary costs incurred for response costs or to
ensure compliance by a noncompliant user;
(3)
Fees for reviewing slug discharge control and spill prevention procedures,
pretreatment plans, and plans for grease and sediment interceptors;
(4)
Fees for response to accidental or slug discharges;
(5)
Fees for permit applications;
(6)
Fees for consistent removal of pollutants otherwise subject to federal
pretreatment standards as provided by 40 CFR 403.7;
(7)
Fees and surcharges for removal of pollutants such as BOD, TSS, oil
and grease, phosphorus or nitrogen discharged in amounts greater than
those found in domestic sewage; and
(8)
Other fees as the municipality and/or the WVSA may deem necessary
to carry out the requirements contained herein.
B.
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the municipality and
the WVSA.
A.
The WVSA may require payment of a surcharge by any user who discharges
wastewater of higher than normal concentration or loading of any substance
which results in additional treatment costs to the WVSA. Such surcharges
shall be in addition to the regular sewer rent set forth in the rules
and regulations of the WVSA.
B.
Surcharges shall be established by the WVSA in its duly adopted rules
and regulations.
A.
Any user generating wastewater of a character prohibited from discharge into the sanitary sewer system under §§ 410-16 through 410-21 of this article shall provide for pretreatment of the wastewater as necessary to attain the standards established by this article and the rules and regulations of the WVSA. The municipality may, at its sole discretion and in conformance with the provisions of Act 537, permit the installation of holding tanks for wastes which are not amenable to pretreatment upon application by a user. The installation, operation and maintenance of holding tanks shall be as prescribed by the municipality as a condition of its approval.
B.
Grease traps or sediment traps shall be provided for the proper handling of waste containing grease, sand or sediment in amounts above the limits provided herein. All traps shall meet the standards prescribed in § 410-35.
C.
Storage, handling, disposal and transportation of materials removed
from pretreatment facilities, grease traps or sediment traps shall
be accomplished according to all applicable federal, state and local
regulations that pertain to the type and/or class of waste generated.
D.
Any facilities required to pretreat wastewater to a level acceptable
to the WVSA shall be provided, operated and maintained at the user's
expense.
A.
Detailed plans showing the pretreatment facilities and documentation
of operating procedures shall be submitted to the WVSA for review
and shall be acceptable to the WVSA before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of constructing, operating or modifying
the facility as necessary to produce an effluent acceptable to the
WVSA under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the WVSA prior to the user's initiation
of the changes.
B.
In addition to approval of the WVSA, a building permit may be required
by the municipality, and the provisions of this article shall not
supersede any requirements of the Building Code applicable to the
user's facilities.
A.
It shall be unlawful to discharge to the sanitary sewer system of
the municipality any wastewater of any kind except as authorized by
this article or the rules and regulations of the WVSA, as amended.
B.
All nondomestic users proposing to connect to or to contribute to
the sewer system shall notify the WVSA of such intent prior to connection
or prior to the commencement of discharge if the connection point
already exists.
C.
Industrial users shall apply for and obtain an industrial wastewater
discharge permit from the WVSA before connecting to or discharging
industrial wastewater to the sewer system. Other nondomestic users
may be required to apply for and obtain a permit to discharge wastewater
other than domestic sewage by the WVSA as provided in its rules and
regulations.
D.
The WVSA may, at its discretion and in conformance with the provisions
of 40 CFR 403.8(f)(1)(iii)(A), develop and issue general permits for
certain classes of nondomestic user.
A.
Industrial wastewater discharge permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the WVSA during the term of the permit as limitations or requirements, as identified in §§ 410-16 through 410-21, are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit itself shall include a reasonable time schedule for compliance, as determined by the WVSA.
B.
Industrial wastewater discharge permits are issued to a specific
user for a specific operation and type of discharge. A permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the approval
of the WVSA. If approval is granted by the WVSA, any succeeding owner
or user shall also comply with the terms and conditions of the existing
permit.
C.
Permits shall contain such terms and conditions as the WVSA shall
determine as expressed in its rules and regulations. Permits may include
the following:
(1)
Effluent limits and best management practices based on national categorical
pretreatment standards, local limits or other applicable discharge
standards;
(2)
Specifications for monitoring programs which include sampling locations,
frequency of sampling, types and standards for tests (including the
requirement that all sampling be representative of the discharge)
and reporting schedules;
(3)
Compliance schedules;
(4)
Requirements for submission at specified times to the WVSA of technical
reports, laboratory analysis reports, or discharge reports;
(5)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the WVSA, and affording WVSA
access thereto at reasonable times for examination and copying;
(6)
Requirements for notification of the WVSA 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;
(7)
Requirements for installation and maintenance of inspection and sampling
facilities;
(9)
Other conditions as deemed appropriate by the WVSA to ensure compliance
with this article and the WVSA Rules and Regulations;
(10)
Notice of applicable civil and criminal penalties for violation
of pretreatment standards and requirements or other provisions of
this article, the permit, or the rules and regulations of the WVSA;
and
(11)
A schedule of user charges and fees for the wastewater to be
discharged into the sanitary sewer system.
A.
All industrial users shall submit to the WVSA an industrial wastewater discharge questionnaire containing information as set forth in this article or required by the rules and regulations of the WVSA. Other nondomestic users may be requested to submit information at the discretion of WVSA upon review of the notice required by § 410-29B of this article.
B.
Users required to obtain an industrial wastewater discharge permit
shall be so notified by the WVSA and shall timely complete and file
with the WVSA an application in the form prescribed by the WVSA and
accompanied by the appropriate fee. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information, as required by WVSA:
(1)
Name, address and location (if different from the address).
(2)
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 410-16 through 410-21 of this article, as determined by an accredited analytical laboratory; sampling and analysis shall be performed in accordance with procedures contained in 40 CFR Part 136, as amended.
(4)
Time and duration of discharge.
(5)
Average daily wastewater flow rates, short-term peaks or batch discharge
rates, and daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
(8)
Material safety data sheets (MSDS) for all chemicals used on site.
(9)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any local, 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
facilities are required for the user to meet applicable pretreatment
standards.
(10)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the
user will provide such additional pretreatment. The completion date
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:
(a)
The schedule shall contain increments of progress in the form
of "milestone" dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Executive Director, 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
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Executive Director.
(11)
Each product produced, by type, amount, process or processes
and rate of production.
(12)
Type and amount of raw materials processed (average and maximum
per day).
(13)
Number of employees per shift, hours of operation of plant and
proposed or actual hours of operation of pretreatment system.
(14)
Any other information as may be deemed by the WVSA to be necessary
to evaluate the permit application.
C.
The WVSA will evaluate the data furnished by the user and may require
additional information. After evaluation of the data furnished, the
WVSA may issue an industrial wastewater discharge permit, subject
to terms and conditions provided herein.
Within three months of the promulgation of a national categorical pretreatment standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user subject to a newly promulgated national categorical pretreatment standard had not previously submitted an application for an industrial wastewater discharge permit as required by § 410-29, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Executive Director, within 180 days after the promulgation of an applicable national categorical pretreatment standard, the information required by § 410-31B(9) and (10).
A.
Following review of a report submitted under § 410-29 of this article, each nondomestic user shall be placed into the appropriate classification of discharger. Said classifications are defined as follows:
(1)
A significant industrial user shall be a Class I user.
(2)
A Class II user shall include nonsignificant categorical industrial
users and any nondomestic user that discharges any wastes other than
domestic sewage to the sanitary sewer system in amounts that on a
routine basis are determined by the WVSA not to have a significant
impact on the treatment system but may present a potential to impact
on the treatment system, such as, but not limited to, users with oil
and grease or settleable solids discharges that may present a potential
to cause sewer obstructions, and those that have the potential to
have slug discharges or chemical spills.
(3)
A Class III user shall be any nondomestic user who discharges only
domestic sewage or has a dry process, or is considered to have insignificant
impact on the treatment system.
(4)
A Class IV or commercial user shall be any nondomestic user who discharges
industrial wastewater of the nature produced by facilities such as
vehicle wash facilities, vehicle maintenance shops, fluid change facilities,
steam cleaning facilities, restaurants, lounges, etc.
B.
For the purpose of the permit process, all Class I users shall be
required to obtain an industrial wastewater discharge permit from
the WVSA. Class II, Class III and Class IV users may be required to
obtain a permit, as determined by the WVSA.
C.
Whether a user is required to obtain a permit or not, it may be required
to install such facilities as the WVSA or municipality deems necessary
to comply with the provisions of this article.
Class II and IV users that discharge or have the potential to discharge significant quantities of oil and grease or sediment, as determined by the WVSA, shall install and properly operate and maintain a grease trap or sediment trap (or both, when necessary) satisfactory to the WVSA as required by its rules and regulations. Proper operation and maintenance of grease and sediment traps includes, but is not limited to, removal of accumulated grease or sediment on a routine basis and maintenance of documentation of such activity pursuant to § 410-40. Failure to timely install or to properly operate or maintain a grease or sediment trap required by this article shall be a violation of this article and may result in the rescission or suspension of the right to discharge wastewater to the sewer system, whether or not a permit has been issued by the WVSA.
Users required or choosing to install grease traps or sediment
traps shall apply to the WVSA for a list of standard construction
design criteria as prepared by and available through the WVSA's
Engineering Department in accordance with current pretreatment design
requirements. Users may deviate from standard construction design
criteria only with permission of the Executive Director.
The municipality and the WVSA may inspect the facilities of
any nondomestic 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 other than domestic sewage
is created or discharged shall allow representatives of the municipality
and WVSA ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination
and/or copying, or in the performance of any of their duties. The
municipality, WVSA, PADEP and/or the EPA shall have the right to set
up on the nondomestic user's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
personnel so that, upon presentation of suitable identification, representatives
of the municipality, WVSA, PADEP and/or the EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
A.
It shall be the responsibility of the industrial user to maintain
its pretreatment facility in a working order to provide consistent
compliance with the limitations set forth in the industrial wastewater
discharge permit and/or the rules and regulations of the WVSA. Operation
of the pretreatment system shall be undertaken by the user according
to the prescribed methods of the manufacturer, as approved by the
WVSA, to provide consistent compliance with the limitations set forth
in this article, the industrial wastewater discharge permit and the
rules and regulations of the WVSA. The user shall be required to maintain
documentation reflecting operations and maintenance of all pretreatment
facilities.
B.
If required by the WVSA, a user shall develop and implement a slug
control plan containing the elements itemized at 40 CFR 403.8(f)(2)(vi).
The slug control plan shall be submitted to the WVSA for review and
approval before implementation.
C.
Any user required to install and operate a grease trap or sediment
trap shall maintain the equipment in working order to provide consistent
compliance with the limitations set forth in any permit issued by
the WVSA and/or the rules and regulations of the WVSA. Operation of
the trap shall be undertaken by the user according to the prescribed
methods of the manufacturer, as approved by the WVSA, to provide consistent
compliance with the limitations set forth in this article, any permit
and the rules and regulations of the WVSA. The user shall be required
to maintain documentation reflecting operations and maintenance of
all grease and sediment traps for a period of three years or for such
period of time as may be required by any permit.
The volume of flow used in computing loadings or surcharges
shall be based on the total water consumption data as obtained from
the permittee or the records of the local water utility. If a user
has a substantial portion of the metered water that does not reach
the sanitary sewer system, the user may, at its own expense and with
approval from the Executive Director, install a separate flow-metering
device to measure the actual discharge into the sanitary system. If
the actual flow to the sanitary system is measured, the equipment
used for the measurement of the flow must be maintained in proper
working order at all times. A separate written record of calibration
and maintenance must be kept for the flow-metering device and made
readily available for inspection by the WVSA.
The WVSA may conduct periodic monitoring of the following types:
A.
Scheduled or unscheduled sampling and inspections of the user's
facilities and records shall be conducted at all Class I users at
least once each year.
B.
Additional sampling or inspections may be conducted whenever the
WVSA determines a need to investigate the discharges of a user.
C.
Demand sampling and inspections may be performed in response to a complaint or an unusual or emergency situation, such as when the WVSA determines a change in the normal discharge characteristics of the user's wastewater flow, if a violation was detected during sampling or self-monitoring under § 410-39, if problems that may be attributable to the user's discharge occur in the sewer system or WVSA facilities, or if a complaint or report of noncompliance is received by the municipality or WVSA.
A.
Users subject to an industrial wastewater discharge permit may be
required, at the user's expense, to conduct sampling and analyses
of their wastewater on a periodic schedule, as established by the
permit. Should the results of said analyses indicate a violation of
any provision of the user's permit, the user must:
B.
All wastewater sampling shall be representative of the indirect discharge.
Unless otherwise specified in the wastewater discharge permit (and
documented in the WVSA files), all samples shall be collected as flow-proportional
composite samples over a twenty-four-hour period, except for samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds which shall be obtained as grab samples. Grab samples
for cyanide, total phenols and sulfides may be obtained as multiple
grab samples and composited in the field or the laboratory before
analysis; grab samples for oil and grease and volatile organic compounds
may be obtained as multiple grab samples and composited in the laboratory
before analysis. For constituents required to be collected as grab
samples, the permit shall specify the number of grab samples required
for each representative analysis.
C.
Unless otherwise specified in a permit, all sampling, sample preservation,
and laboratory analyses shall be according to the requirements in
40 CFR Part 136.
A.
All users subject to an industrial wastewater discharge permit shall
be required to submit such reports as required by 40 CFR 403.12 or
the industrial wastewater discharge permit. Said reports include:
(1)
Baseline monitoring reports for all categorical industrial users,
as provided by 40 CFR 403.12(b); sampling shall be as provided at
40 CFR 403.12(g)(4) and shall include a minimum of four grab samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds for facilities for which historical sampling data
do not exist, and a number as established by WVSA for facilities for
which historical sampling data are available;
(2)
Compliance schedule reports as required by 40 CFR 403.12(b)(7) and
(c);
(3)
Ninety-day compliance reports for categorical industrial users, as
provided by 40 CFR 403.12(d); sampling shall be as provided at 40
CFR 403.12(g)(4), and shall include a minimum of four grab samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds for facilities for which historical sampling data
do not exist, and a number as established by WVSA for facilities for
which historical sampling data are available;
(4)
Periodic reports on continued compliance as scheduled in accordance with the user's industrial wastewater discharge permit and § 410-40 of this article;
(5)
Immediate notice to the WVSA of any discharge that constitutes a
slug discharge;
(6)
Immediate notice to the WVSA of any change in the user's facility
that could affect the potential to have a slug discharge;
B.
Every significant industrial user and any nondomestic user which
is required, by permit or by request of the WVSA, to institute any
monitoring, BMP, sampling, grease or sediment removal, or any other
activity which will produce a record (such as flow meter or pH recorder
charts, laboratory results, or hauled waste records) shall retain
all such records for a period of at least three years. All sampling
records of significant industrial users shall include the information
as set forth at 40 CFR 403.12(o).
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the approval authority upon request.
The reports and other documents required to be submitted or maintained
under this section may be subject to the provisions of § 309(c)(4)
of the Clean Water Act, as amended, and 18 Pa.C.S.A. § 4904,
as amended, governing false statements, representations or certifications.
A.
All industrial users shall be required, in accordance with 40 CFR
403.12(p), to report the discharge into the sanitary sewer system
of any substance which, if otherwise disposed of, would be a listed
or characteristic hazardous waste under 40 CFR Part 261. Said notification
shall be in writing to the WVSA, the EPA Regional Waste Management
Division Director, and the PADEP hazardous waste authorities, and
shall include the name of the hazardous waste as set forth in 40 CFR
Part 261, the EPA hazardous waste number, and the type of discharge
(batch, continuous, or other).
B.
If the user discharges more than 100 kilograms of such waste per
calendar month to the WVSA, the notification shall also contain the
following:
(1)
An identification of the hazardous constituents contained in the
wastes;
(2)
An estimation of the mass and concentration of such constituents
in the waste stream to be discharged in that calendar month; and
(3)
An estimation of the mass and concentration of such constituents
in the waste stream expected to be discharged during the following
12 months.
C.
All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this section needs to be submitted only once for each hazardous waste discharged, provided that any planned change in the volume or character of the hazardous waste discharge must be reported as provided in § 410-40 of this article. The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of this article.
D.
In the case of any notification made under this section, the user
shall certify that it has in place a program to reduce the volume
and toxicity of hazardous wastes generated.
A.
All required reports submitted by a user must be signed by an authorized
representative, as defined by 40 CFR 403.12(1), to be:
(1)
A principal executive officer of at least the level of vice president
if the user is a corporation;
(2)
A manager of one or more manufacturing, production or operating facilities,
provided that the manager is authorized to make management decisions
which govern the operation of the manufacturing facility and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedure;
(3)
A general partner or proprietor if the user is a partnership or sole
proprietorship, respectively;
(4)
A duly authorized representative of the individual designated in Subsection A(1), (2) or (3) above, if the authorization is made in writing by the person designated in Subsection A(1), (2) or (3); the authorization specifies either the individual or a position having responsibility for the overall operation of the facility from which the discharge originates; and the authorization is submitted to the WVSA.
B.
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to federal pretreatment
regulations and/or this article, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required
under federal pretreatment regulations or this article, shall be subject
to the civil and criminal penalties as set forth at 40 CFR 403.12(n)
governing false statements, representations or certifications in reports
required under the Act, as well as 18 Pa.C.S.A. § 4904,
as amended, and other applicable state law.
A.
The WVSA may require to be provided and operated at the user's
own expense, monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems
from which a discharge flows into the sewer system. The monitoring
facility should normally be situated on the user's premises,
but the municipality may, upon application by the user and when such
a location would be impractical or cause undue hardship on the user,
allow the facility to be constructed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping
or parked vehicles.
B.
There shall be ample room in or near such monitoring facility to
allow accurate sampling and preparation of samples for analysis. The
monitoring facility shall be maintained at all times in a safe and
proper operating condition at the expense of the user.
C.
Whether constructed on public or private property, the monitoring
facilities shall be provided in accordance with the WVSA's requirements
and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
of approval of the plans by the WVSA or within such other time as
may be authorized by WVSA.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits, monitoring programs and inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the WVSA that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NPDES) permit, and the pretreatment program; provided, however, that
such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics shall not be recognized as confidential information.
C.
Information accepted by the WVSA as confidential shall not be transmitted
to the general public by the WVSA until and unless a ten-day notification
is given to the user. Information accepted as confidential by the
WVSA shall be made available to governmental agencies. If requested
by the user, the EPA and PADEP will treat the submitted information
as confidential to the extent provided in 40 CFR Part 2.
A.
Each 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 and to mitigate,
reduce and contain any such discharge shall be provided and maintained
at the user's expense. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the WVSA for review and shall be approved by the WVSA before construction
of the facility. No user who commences discharge of industrial wastewater
to the sanitary sewer system after the effective date of this article
shall be permitted to introduce pollutants into the system until accidental
discharge protection, containment and countermeasure procedures have
been approved by the WVSA. Review and approval of such plans and operating
procedures shall not relieve the user from the responsibility to modify
the user's facility as necessary to meet the requirements of
this article.
B.
In the case of an accidental discharge, it is the responsibility
of the user to immediately telephone and notify the WVSA of the incident.
The notification shall include location of the discharge, type of
waste, concentration and volume, and corrective actions being taken.
C.
Within five days following an accidental discharge, the user shall
submit to the Executive Director a detailed report describing the
cause of the discharge and the measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage or other liability which may
be incurred as a result of damage to the WVSA, its facilities, or
any other person or property; nor shall notification relieve the user
of any fines, civil penalties, or other liability which may be imposed
by this article or other applicable law. Failure to notify the Executive
Director of an accidental discharge shall constitute a separate and
distinct violation of this article.
D.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees who to call in the
event of an accidental discharge. Employers shall ensure that all
employees who may be present in an area where an accidental discharge
may occur are advised of the emergency notification procedure as well
as the containment and countermeasures developed by the user to mitigate
and control any such discharge.
In the case of a nondomestic user that, for reasons of emergency
maintenance, equipment failure, or other similar unforeseen event
beyond the user's reasonable control, must discharge prohibited,
high strength, or other wastewater of unusual strength, character
or volume, the user may apply to the Executive Director for an emergency
discharge permit. The Executive Director may issue such a permit,
on terms and conditions as he deems appropriate, upon his review of
the information provided and in his sole discretion. No discharge
of the unusual wastewater may be made until and unless an emergency
discharge permit has been issued. An emergency discharge permit shall
not be issued for longer than 30 days and may be renewed only after
a new application has been made.
Whenever the WVSA finds that any nondomestic user has violated
or is violating this article, the rules and regulations of the WVSA,
its industrial wastewater discharge permit, or any prohibition, limitation
or requirements contained herein, the WVSA may serve upon such person
a written notice of violation stating the nature of the violation.
Within 30 days of the date of the notice or within such other reasonable
time as the Executive Director shall state, a plan for the satisfactory
correction thereof shall be submitted to the WVSA by the user.
A.
The WVSA may notify any user who is in violation of this article,
an industrial wastewater discharge permit, or the rules and regulations
of the WVSA, to show cause before the WVSA Board of Directors (or
such other adjudicative body as the WVSA shall select) why a proposed
enforcement action should not be taken. The notice shall be served
on the user specifying the time and place of a hearing to be held
by the WVSA regarding the violation, the reasons why the action is
to be taken, the proposed enforcement action, and directing the user
to show cause before the WVSA why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
B.
A show cause hearing is not subject to the requirements of the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq., but may be conducted
as provided in that statute, at the discretion of the WVSA Board or
adjudicative body.
C.
Within a reasonable time after the conclusion of a show cause hearing,
the Board of Directors (or adjudicative body) shall issue an opinion
regarding the alleged violation and any enforcement action which it
believes is appropriate. The WVSA may then proceed to undertake the
recommended enforcement action, if any.
A.
If any person discharges sewage, industrial wastewater or other wastes
into the sanitary sewer system contrary to the provisions of this
article, federal or state pretreatment requirements, the WVSA Rules
and Regulations, or any permit issued by the WVSA, the Municipal Solicitor
may commence an action for appropriate legal and/or equitable relief
in the courts. When the WVSA determines the need for legal action,
said action shall be undertaken by the municipality within 30 days
of notification by the WVSA.
B.
In the alternative, for purposes of enforcement of this article and
the pretreatment program, the municipality hereby appoints the Wyoming
Valley Sanitary Authority as its agent and authorizes the WVSA or
its duly appointed agents and employees to undertake any legal action
in the name of the municipality, including but not limited to the
filing of a civil complaint in the Court of Common Pleas of Luzerne
County. In the case that the WVSA acts in the name of the municipality,
the municipality shall cooperate with and support the WVSA in the
prosecution of any civil action as may be necessary.
A.
Any user who violates the following conditions of this article, applicable
state or federal regulations, or an industrial wastewater discharge
permit is subject to having its industrial wastewater discharge permit
revoked or suspended in accordance with the procedures of this section:
(1)
Failure of a user to factually and accurately report the wastewater
constituents and characteristics of its discharge;
(2)
Failure of the user to report significant changes in operations or changes in industrial wastewater constituents and characteristics, including but not limited to changes in facilities related to the control of slug discharges as required by § 410-41A(6);
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
(4)
Violation of any condition of the industrial wastewater discharge
permit.
B.
Upon notice of suspension or revocation of an industrial wastewater discharge permit, the user shall immediately cease the discharge of industrial wastewater to the sewer system. Any discharge of industrial wastewater to the sewer system after notice of revocation or suspension shall be a violation of this article and subject to the penalties provided herein. In the case of a suspension, the permit shall be reinstated upon a showing that the user has corrected the condition for which the suspension was imposed. In the case of a revocation, the user may only receive a new permit by going through the application process as stated in § 410-31 of this article.
A.
The municipality and/or the WVSA may suspend the wastewater treatment
service when such suspension is necessary, in the opinion of the WVSA,
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 or pass-through
at the WVSA's treatment plant, or causes the WVSA or municipality
to violate or be in danger of violating any condition of an NPDES
permit or state-issued water quality management permit.
B.
Any person notified of a suspension of the wastewater treatment service
shall immediately stop or eliminate the discharge. In the event of
a failure of the person to comply voluntarily with the suspension
order, the municipality may and the WVSA is authorized to take such
steps as deemed necessary, including immediate severance or obstruction
of the sewer connection from the user's property, to prevent
or minimize damage to the sewer system or the WVSA facilities or endangerment
to any individuals. The WVSA or the municipality shall reinstate the
wastewater treatment service only upon satisfactory proof of elimination
of the noncomplying discharge. All costs associated with the severance
and/or reconnection of a sewer shall be incurred by the user.
A.
Any user who is found to have violated any provision of this article,
the rules and regulations of the WVSA, as amended, or any regulations
or permits issued by the WVSA or the municipality shall be subject
to a civil penalty of not less than $100 nor more than $1,000 per
each violation. Each day on which a violation shall occur or continue
to occur shall be deemed a separate and distinct violation.
B.
The municipality recognizes that the WVSA has independent civil penalty
authority under the provisions of the Publicly Owned Treatment Works
Penalty Law (Act 9 of 1992, 35 P.S. § 752.1 et seq.). Any
violation of this article shall constitute a violation of the WVSA's
EPA-approved industrial pretreatment program and subject an industrial
user to the penalties provided thereunder. Should WVSA choose to assess
a civil penalty under its independent authority against a user who
violates any provision of this article, the municipality shall cooperate
to the extent necessary to aid WVSA in such an action.
C.
In addition to the civil penalties provided herein, the municipality
and/or the WVSA may recover reasonable attorneys' fees, court costs,
court reporters' fees and other expenses of litigation by appropriate
suit at law against the person found to have violated this article,
the WVSA rules and regulations, or any permit issued hereunder.
Any user subject to an enforcement action or issuance or denial
of an industrial wastewater discharge permit under this article may
file an appeal with the WVSA within 15 days of receipt of the notice
of the enforcement action or permit issuance, revision or denial.
Said appeal shall be conducted by the WVSA as provided in the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
A.
The WVSA shall annually publish in a local newspaper of general circulation
a list of the significant industrial users which were in significant
noncompliance with the pretreatment standards and requirements contained
herein at least once during the previous calendar year. Significant
noncompliance shall include any of the following:
(1)
Chronic violations, defined as those in which 66% or more of all
measurements taken for the same pollutant parameter during a six-month
period are in excess of an applicable numeric pretreatment standard
or requirement, including instantaneous maximum limits;
(2)
Technical review criteria (TRC) violations, defined as those in which
33% or more of all measurements taken for the same pollutant parameter
during a six-month period equal or exceed the product of the numeric
pretreatment standard or requirement, including instantaneous limits
multiplied by the applicable TRC. TRC is 1.4 for BOD, TSS, oil and
grease, and 1.2 for all other pollutants except pH;
(3)
Any other violations of a pretreatment standard or requirement, including
a narrative standard, which the WVSA determines has caused or contributed
to interference or pass-through;
(5)
Failure to meet a compliance schedule milestone within 90 days of
the schedule date;
(6)
Failure to provide, within 45 days after the due date, required reports as itemized in § 410-41 of this article;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation or groups of violations, including a violation
of a BMP imposed by a permit or implemented as part of a plan developed
by the user and approved by the WVSA, which the WVSA determines to
adversely affect the operation or implementation of its approved pretreatment
program.
B.
The newspaper notice shall also summarize any enforcement actions
taken against the user during the same time period.
The municipality and the WVSA shall cooperate in all matters
as they pertain to this article. Neither the municipality nor the
WVSA shall act in any manner so as to compromise in any way the ability
of the other party to administer this article.
