[Ord. 700, 11/16/1989, § 1]
1.
Purpose and Policy.
A.
This Part sets forth uniform requirements for direct and indirect
contributors to the sewerage facilities of the Borough of Elizabethtown
and enables the Borough to comply with all applicable State and Federal
laws required by the Clean Water Act of 1977 and the General Pretreatment
Regulations (40 CFR, Part 403).
B.
The objectives of this Part are:
(1)
To prevent the introduction of pollutants into the sewerage
system which will interfere with the operation of the system or contaminate
the resulting sludge.
(2)
To prevent the introduction of pollutants which will pass through
the sewerage system, inadequately treated, to receiving waters or
the atmosphere or which will otherwise be incompatible with the system.
(3)
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system.
(4)
To provide for equitable distribution of the cost for operation
of the sewerage system.
(5)
To serve as the basis for the Borough pretreatment program.
C.
This Part defines certain terms and provides for the regulation of
direct and indirect contributors to the sewerage system through the
issuance of permits to certain nondomestic users and through enforcement
of general requirements for the other users, authorizes monitoring,
testing, inspection and enforcement activities, requires user reporting,
assumes that the existing customer's capacity will not be preempted,
provides for the setting of fees for the equitable distribution of
costs resulting from the program established herein and imposes penalties
for user noncompliance.
D.
This Part shall apply to the Borough of Elizabethtown and to all
persons who are, by contract or agreement with the Borough, users
of the sewerage system. Except as otherwise provided herein, the Borough
Manager shall administer, implement, and enforce the provisions of
this Part.
2.
Short Title. The short title of this Part shall be the "Borough of
Elizabethtown Industrial Waste Ordinance."
[Ord. 700, 11/16/1989, § 2]
1.
ACT or THE ACT
ALLOWABLE INDUSTRIAL WASTE
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD5)
BOROUGH
BOROUGH MANAGER
CATEGORICAL STANDARDS
COLOR
COOLING WATER
DIRECT DISCHARGE
DISSOLVED SOLIDS
ENVIRONMENTAL PROTECTION AGENCY or EPA
GARBAGE
GRAB SIMPLE
GROUND WATER
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTE
INDUSTRIAL WASTE DISCHARGE PERMIT
INTERFERENCE
LATERAL SEWER or SERVICE CONNECTION
MANHOLE
MG/L
MUNICIPALITY
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
OPERATOR
OWNER
PERSON
pH
POLLUTION
POLLUTANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PROCESS WATER
QUALIFIED LABORATORY
REFRIGERATION
REGULATORY AUTHORITY
SANITARY SEWER
SEWAGE
SEWER
SEWERAGE SYSTEM or SEWERAGE FACILITY
SEWAGE TREATMENT PLANT
SEWER INSPECTOR
SHALL
SIGNIFICANT INDUSTRIAL USER
SLUG
STANDARD METHODS
STATE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
SUSPENDED SOLIDS
TOTAL NITROGEN
TOTAL PHOSPHORUS
TOTAL SOLIDS
TOXIC SUBSTANCES
TWENTY-FOUR-HOUR COMPOSITE WASTEWATER SAMPLE
UNAUTHORIZED WASTE
USER
WASTEWATER
WATER-COOLED EQUIPMENT
WATERS OF THE STATE
Scope. The following words, terms and phrases when used in this Part
shall have the meaning described in this Section, except where the
context clearly indicates a different meaning. Words, terms and phrases
are as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Any solid, liquid or gaseous substance, water-borne waste
or form of energy ejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage, which complies
with all provisions of this Part and which is allowed to be discharged
into the sewer system by the Borough of Elizabethtown, Lancaster County,
Pennsylvania.
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of vice-president,
if the industrial user is a corporation.
A general partner or proprietorship, respectively.
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
The quantity of oxygen, expressed in mg/l, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure in five days at 20° C. The standard laboratory procedure
shall be found in the latest edition of "Standard Methods for the
Examination of Water and Wastewater" published by the American Public
Health Association.
The Borough of Elizabethtown, Lancaster County, Pennsylvania,
or its authorized deputy, agent or representative.
The person designated by the Borough to supervise the operation
of the sewerage system and who is charged with certain duties and
responsibilities by this Section or his duly authorized representative.
EPA Categorical Pretreatment Standard or Borough pretreatment
standard.
Color of an industrial waste is the color of the light transmitted
by the waste solution after removing the suspended material, including
the pseudocolloidal particles.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or water to which the only pollutant added
is heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The anhydrous residues of the dissolved constituents in water
or wastewater.
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.
Solid waste resulting from the domestic and commercial preparation,
cooking and dispensing of food and from handling, storage, and sale
of produce.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
That water which is contained in or passing through the ground.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) or (c) of the Act
(33 U.S.C. § 1317), into the sewerage system (including
holding tank waste discharged into the system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402, of the Act (33 U.S.C. § 1342).
Solid, liquid or gaseous substances, water borne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade, or commercial process or in the course of development,
recovering or processing of natural resources, but not sewage.
As set forth in § 404 of this Part.
The inhibition or disruption of the sewage treatment plant
processes or operations which contributes to a violation of any requirement
of the Borough's NPDES permit. The term includes prevention of sewage
sludge use or disposal by the Borough in accordance with § 405
of the Act (33 U.S.C. § 1345) or any criteria, guidelines,
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act, or more
stringent State criteria (including those contained in any State sludge
management plan prepared pursuant to Title IV of SWDA) applicable
to the method of disposal or use employed by the Borough.
That part of the sewerage system extending from the sewer
main to a point at the inside face of the curb or edge of pavement
if no curb.
A structure leading from the surface of the ground to a sewer,
permitting access to the owner.
Milligrams per liter.
Any county, county authority, municipal authority, city,
borough, township, or school district.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
(33 U.S.C. § 1347) which applies to a specific category
of industrial users.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307(b)
of the Act and 40 CFR § 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a § 307(c)
(33 U.S.C. § 1317) categorical pretreatment standard which
will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, a
new source means any source, the construction of which is commenced
after the date of promulgation of the standard.
Any person having charge, care, management or control of
a tank truck or trucks for use in the removal, transportation and
disposal of sewage and industrial wastes.
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
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 masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in gram equivalent per liter of solution, and indicating
the degree of acidity or alkalinity of a substance. A stabilized "pH"
will be considered as a "pH" which does not change beyond the specified
limits when the waste is subjected to aeration. It shall be determined
by one of the accepted methods described in the latest edition of
"Standard Methods for Examination of Water and Wastewater" published
by the American Public Health Association.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
Any dredged soil, solid waste, incineration residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the sewerage facilities.
The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes or other means, except
as prohibited by 40 CFR § 403.6(d).
Any substantive or procedural requirements related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
Industrial waste resulting from any industrial, manufacturing,
trade or commercial process or operation, but not sewage.
Any laboratory which is certified by the Environmental Protection
Agency to perform drinking water analysis for inorganics and which
can document satisfactory participation in the EPA Quality Assurance
Program for wastewater testing administered by the Quality Assurance
Branch, Environmental Monitoring and Support Laboratory, U.S. EPA.
The preservation of food products, the maintenance of temperature
for aid in process work, and the maintenance of storage temperature.
The administrator of the EPA until such time as the State's
pretreatment program is approved by the EPA.
A sewer which carries sewage and/or authorized industrial
wastes and to which storm, surface, and ground waters are not intentionally
admitted.
The normal water-carried household and toilet waste from
any improved property, excluding, however, the effluent from septic
tanks or cesspools, rain, storm and ground water, as well as roof
or surface water, drainage or percolating or seeping waters, or accumulation
thereof, whether underground or in cellars or basements.
A pipe or conduit for carrying sewage or authorized industrial
waste.
A publicly owned treatment works (POTW) as defined by § 212
of the Act (33 U.S.C. § 1292), which is owned in this instance
by the Borough. This definition includes any sanitary sewers that
convey wastewater to the sewage treatment plan, but does not include
pipes, sewers or other conveyances not connected to a facility providing
treatment. For the purposes of this Part, "sewerage system" shall
also include any sewers that convey wastewaters to the sewerage system
from persons who are, by contract or agreement with the Borough, users
of the Borough's sewerage system.
That portion of the sewerage system designed to provide treatment
to wastewater. Includes but is not necessarily limited to any arrangement
of devices and structures used for treating sewage and authorized
industrial waste.
The Borough of Elizabethtown Sewage Treatment Plant Supervisor,
his duly authorized assistant or representative.
Is mandatory. MAY is permissive.
Any industrial user of the sewerage system who (a) has a
discharge flow of 25,000 gallons or more per average day, or (b) has
a flow greater than 5% of the flow in the sewerage system, or (c)
has in its wastes toxic substances, or (d) is found by the Borough,
Pennsylvania Department of Environmental Resources, or the U.S. Environmental
Protection Agency to have significant impact, either singly or in
combination with other contributing industries, on the sewerage system,
the quality of sludge, the system's effluent quality, or air emissions
generated by the system.
Any discharge of water, sewage or industrial waste in which
concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration, or flow, during normal
operation.
An abbreviated expression used to denote "Standard Methods
for the Examination of Water and Waste Water," a manual published
by the American Health Association specifying official analytical
procedures for the measurement of wastewater parameters.
Commonwealth of Pennsylvania.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
When related to wastewater, the sum of the organic nitrogen,
ammonia nitrogen, nitrite and nitrate in the wastewater; an essential
nutrient.
[Added by Ord. 966, 12/18/2014]
When related to wastewater, the sum of orthophosphates, polyphosphates,
and organic phosphates in the wastewater; an essential nutrient.
[Added by Ord. 966, 12/18/2014]
The sum of dissolved and undissolved constituents in water
or wastewater.
Any substance or combination of substances that: (a) is listed
as toxic in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of CWA, § 307(a),
or other Acts, or (b) is present in sufficient quantity, either singly
or by interaction with other wastes, to injure or interfere with any
sewage treatment process, to constitute a hazard to humans or animals,
to create a public nuisance, or to create any hazard in the sewerage
system or in the receiving waters of the sewage treatment plant.
Consists of 24 hourly wastewater samples collected over a
twenty-four-hour period. The individual hourly samples shall be proportioned
according to the flow rate at the time of the sample or shall be of
equal volume. The cumulative sample shall be refrigerated.
Any waste which is not in compliance with the provisions
of this Part, or which is discharged into the sewerage system by a
person in violation of any provision contained in this Part.
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's sewerage system.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
whether treated or untreated, which is contributed into or permitted
to enter the sewerage system.
Any equipment using water as a cooling medium for purposes
other than air conditioning or refrigeration.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
2.
Abbreviations. The following abbreviations shall have the designated
meanings:
BOD5 — Biochemical Oxygen Demand
| |
CFR — Code of Federal Regulations
| |
COD — Chemical Oxygen Demand
| |
EPA — Environmental Protection Agency
| |
l — Liter
| |
mg — Milligrams
| |
mg/l — Milligrams per liter
| |
NPDES — National Pollutant Discharge Elimination System
| |
POTW — Publicly Owned Treatment Works
| |
SIC — Standards Industrial Classifications
| |
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
TSS — Total Suspended Wastes
| |
USC — United States Code
|
[Ord. 700, 11/16/1989, § 3; as amended by Ord.
829, 11/15/2001]
1.
Use of Sanitary Sewers and Admission of Industrial Waste.
A.
All sewage and authorized industrial waste may be discharged to the
sewerage system except those which are deemed harmful to the system
or are specifically prohibited by this Part.
B.
No user shall discharge or cause to be discharged any storm water,
surface water, spring water, ground water, roof runoff, subsurface
drainage, building foundation drainage, cellar drainage or noncontaminated
cooling or process water into the sewerage system.
C.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or waste water which will interfere with
the operation or performance of the sewage treatment plant. These
general prohibitions apply to all such users of the sewerage system
whether or not the user is subject to National Categorical Pretreatment
Standards or any other National, State or local pretreatment standards
or requirements.
D.
No user shall discharge or cause to be discharged any septic waste
or septic tank effluent.
E.
Except as otherwise provided in this Part, no user shall discharge
or cause to be discharged into the sewerage system any sewage, industrial
wastes, or other matter or substance:
(1)
Having a temperature at the point of user discharge higher than
150° F., having a temperature at the point of introduction into
the sewerage system which exceeds 104° F. or is less than 32°
F., or which will inhibit biological activity at the sewage treatment
plant.
(2)
Containing more than 80 milligrams per liter of oil and grease.
(3)
Containing any liquids, solids or gases which by reason of their
nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the sewerage system or to the operation of the sewage
treatment plant. Prohibited materials include, but are not limited
to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene,
paint products, ethers, alcohols, ketones, aldehydes, peroxides, acids
or bases, chlorates, perchlorates, bromates, carbides, hydrides and
sulfides and any other substances which are a fire hazard or a hazard
to the system.
(4)
Containing unground garbage with particles greater than 1/2
inch in any dimension.
(5)
Containing solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the sewage treatment plant such as, but not limited to: ashes, cinders,
spent lime, stone dust, sand, mud, straw, shavings, metals, glass,
rags, grass clippings, feathers, tar, plastics, wood, whole blood,
paunch manure, bentonite, lye, building materials, rubber, asphalt
residues, hair, bones, leather, porcelain, china, ceramic wastes,
polishing wastes, glass grinding or other solid or viscous substances
capable of causing obstruction or other interference with the operation
of the sewerage system.
(6)
Having a pH, stabilized, lower than 6.5 or higher than 8.5 or
having any other corrosive or scale forming property capable of causing
damage or hazard to structures, equipment, bacterial action or personnel
of the sewerage system or the sewage treatment plant.
(7)
Containing toxic or poisonous pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals or create a toxic effect in the receiving waters
of the sewage treatment plant, or to exceed the limitation set forth
in a Categorical Pretreatment Standard. A toxic pollutant shall include,
but not be limited to, any pollutant identified pursuant to § 307(a)
of the Act.
(8)
Containing a BOD5 or suspended solids
concentration greater than 250 mg/l or a total nitrogen concentration
greater than 40 mg/l, a total phosphorus concentration greater than
10 mg/l or an oil and grease (OG) concentration greater than 80 mg/l
or of such a character and quantity that unusual attention or expense
is required to handle such materials at the sewage treatment plant.
Discharges of BOD5 or suspended solids in excess
of 250 mg/l or total nitrogen in excess of 40 mg/l or total phosphorus
in excess of 10 mg/l shall be subject to surcharge as provided for
in § 407 of this part. Discharges of BOD5 or suspended solids in excess of 2,000 mg/l shall be subject to
a penalty surcharge as provided for in § 407.
[Amended by Ord. 966, 12/18/2014]
(9)
Containing any noxious or malodorous liquids, gases, or solids
which either singly or by interaction with other wastes are sufficient
to create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for maintenance and repair.
(10)
Containing dye from any source that will not have an effluent
the equivalent of that produced by chemical coagulation and chlorination
to remove suspended or colloidal matter and bleach the dissolved dyes.
(11)
Containing radioactive substances or isotopes of such half life
or concentration as may exceed limits in compliance with applicable
State or Federal regulations.
(12)
Having a chlorine demand of such quantity that unusual attention
or expense is required to handle such materials at the sewage treatment
plant.
(13)
Prohibited by any permit issued by the Commonwealth of Pennsylvania
or the Environmental Protection Agency.
(14)
Containing any substance which will cause the sewage treatment
plant to violate its NPDES permit or the receiving water quality standards.
(15)
Containing any substance which may cause the sewage treatment
plant's effluent or any other product of the sewage treatment plant
such as residues, sludges or scums to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. In no case
shall a substance discharged to the sewerage system cause the sewage
treatment plant to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under § 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 method being used.
(16)
Containing wastes which are not amenable to biological treatment
or reduction in existing treatment facilities, specifically nonbiodegradable
complex carbon compounds.
(17)
Containing any organic compounds of endrin, lindane, methoxychlor,
toxaphene, dichlorophenoxyacetic acid or trichlorophenoxypropionic
acid.
(18)
Causing a hazard to human life or public nuisance.
(19)
Containing total dissolved solids of such character and quantity
that unusual attention or expense is required to handle such materials
at the sewage treatment plant.
(20)
Containing pollutants, including oxygen demanding pollutants
(BOD5, etc.) released at a flow rate and/or
pollutant concentration which will inhibit or cause interference to
the process or operation of the sewage treatment plant.
(21)
Containing industrial waste slugs having an average daily flow
greater than 15% of the average daily sewage flow at the sewage treatment
plant.
(22)
Containing any hazardous waste or substance as defined by EPA's
Resource Conservation and Recovery Act (RCRA) or Chapter 75 of the
Pennsylvania Department of Environmental Protection Regulations.
(23)
Containing concentration of anions, cations, and other various
objectionable substances in excess of the following limits, measured
in a representative sample collected at the point of discharge to
the sewerage system.
Substance
|
Allowable Concentration
mg/l
| |
---|---|---|
Arsenic
|
0.1
| |
Barium
|
5.0
| |
Cadmium
|
0.05
| |
Chromium (hexavalent)
|
0.10
| |
Chromium (total)
|
1.0
| |
Copper
|
1.0
| |
Cyanides
|
0.5
| |
Lead
|
0.2
| |
Mercury
|
0.01
| |
Nickel
|
0.2
| |
Phenolics
|
0.1
| |
Selenium
|
0.05
| |
Silver
|
0.20
| |
Zinc
|
2.0
|
Provided, however, that deviations from the above schedule may
be authorized by the Borough in its sole discretion, upon an affirmative
showing, by the person requesting the same, that such deviation will
not be harmful to the sewerage system or the sewage treatment plant
or cause the plant effluent to violate its current NPDES discharge
limitations. For the purpose of this Part, an allowable deviation
may be granted by the Borough up to the following maximum concentrations
provided that the corresponding total loading for each objectionable
substance does not exceed the maximum loading specified.
|
Substances
|
Maximum Concentration
mg/l
|
Maximum Loading
lbs./day
| |
---|---|---|---|
Arsenic
|
1.0
|
0.01
| |
Barium
|
50.0
|
0.5
| |
Cadmium
|
0.5
|
0.005
| |
Chromium (hexavalent)
|
1.0
|
0.01
| |
Chromium (total)
|
10.0
|
0.1
| |
Copper
|
10.0
|
0.1
| |
Cyanides
|
5.0
|
0.05
| |
Lead
|
2.0
|
0.02
| |
Mercury
|
0.1
|
0.001
| |
Nickel
|
2.0
|
0.02
| |
Phenolics
|
1.0
|
0.01
| |
Selenium
|
0.5
|
0.005
| |
Silver
|
2.0
|
0.02
| |
Zinc
|
20.0
|
0.2
|
F.
If such amounts of any waters or wastes are discharged, or are proposed
to be discharged to the sewerage system, which waters contain the
substances or possess the characteristics enumerated in this Section
or which in the judgment of the Borough may have a deleterious effect
upon the sewerage system or the sewage treatment plant, the Borough
may, upon giving official notice to the discharger:
(1)
Reject the waste.
(2)
Require pretreatment to reduce characteristics to maximum limits
permitted by this Part, or any other applicable rules or law.
(3)
Require control over the quantities and rates of discharge.
(4)
Require immediate discontinuance of the waste discharge until
such time as it meets the requirements of this Section.
G.
Nothing contained in this Part shall be construed as prohibiting
any special agreement or arrangement between the Borough and any person
whereby industrial wastes of unusual strength or character may be
admitted into the sewerage system, either before or after pretreatment.
2.
Federal Categorical Pretreatment Standards. Upon the promulgation
of the Federal Categorical Pretreatment Standards for a particular
industrial subcategory, the Federal standard, if more stringent than
limitations imposed under this Part for sources in that subcategory,
shall immediately supersede the limitations imposed under this Part.
The Borough shall notify all affected users of the applicable reporting
requirements under 40 CFR § 403.12.
3.
Modification of Federal Categorical Pretreatment Standards. Where
the Borough's sewage treatment plant achieves consistent removal of
pollutants limited by Federal pretreatment standards, the Borough
may apply to the regulatory authority for modification of specific
limits in the Federal pretreatment standards. "Consistent removal"
shall mean reduction in the amount of a pollutant or alteration of
the nature of the pollutant by the sewage treatment plant to a less
toxic or harmless state in the effluent which is achieved by the system
for 95% of the samples taken when measured according to the procedures
set forth in § 403.7(c)(2) of (Title 40 of the Code of Federal
Regulations, Part 403) — "General Pretreatment Regulations for
Existing and New Sources of Pollution," promulgated pursuant to the
Act. The Borough may then modify pollutant discharge limits in the
Federal pretreatment standards if the requirements contained in 40
CFR, Part 403, § 403.7, are fulfilled and prior approval
from the regulatory authority is obtained.
4.
State Requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than Federal
requirements and limitations or those in this Part.
5.
Borough's Right to Revision. The Borough reserves the right to establish
by ordinance more stringent limitations or requirements on discharges
to the sewerage system if deemed necessary to comply with the objectives
presented in § 401(1) of this Part.
6.
Excessive Discharges. 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 Federal Categorical Pretreatment
Standards, or in any other pollutant-specific limitations developed
by the Borough or State.
7.
Accidental Discharges.
A.
Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by the Borough. Facilities
to prevent accidental discharge of prohibited materials shall be provided
and maintained at the owner or user's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to the Borough for review, and shall
be approved by the Borough before construction of the facility.
B.
No user who commences contribution to the sewerage system after the
effective date of this Part shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved
by the Borough. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of this
Part. In the case of an accidental discharge, it is the responsibility
of the user to immediately telephone notify the Borough of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
8.
Written Notice. Within five days following an accidental discharge,
the user shall submit to the Borough a detailed written 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 sewerage system,
fish kills, or any other damage to person or property, nor shall such
notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this Section or other applicable
law.
9.
Notice to Employees. A notice shall be permanently posted on the
user's bulletin board or prominent place advising employees whom to
call in the event of a dangerous discharge. Employers shall insure
that all employees who may cause or suffer a dangerous discharge to
occur are advised of the emergency notification procedure.
10.
Drainage of Swimming Pools. Filter backwash lines shall be discharged
to the sewerage system as follows:
A.
Sand filter backwash may be discharged directly to the sewerage system.
B.
Diatomaceous earth filter backwash shall be connected to the sewerage
system through settling tanks with a minimum of three months storage
capacity for spent diatomaceous earth. The tanks shall be readily
accessible for removing solid waste for disposal.
11.
Disposal of Tank Truck Waste. Tank truck waste shall not be discharged
to the sewerage system except in the event of an emergency at the
sole discretion of the Borough. The waste shall not contain industrial
waste, chemicals, or other matter, with or without pretreatment, that
does not conform to the requirements of § 403(1) of this
Part. Tank truck waste shall be discharged to the same system at the
location and at the time or times designated and at the rate of discharge
fixed by the Borough.
12.
Interceptors. Grease, oil and sand interceptors or traps shall be
provided when required by the Borough, for the proper handling of
liquid wastes containing grease in excessive amounts or any flammable
wastes, sand or other harmful ingredients. All interceptors shall
be of a type and capacity approved by the Borough and shall be located
as to be readily and easily accessible for cleaning and inspection.
13.
Garbage Grinders. The use of mechanical garbage grinders producing
a finely divided mass, properly flushed with an ample amount of water,
shall be permitted. However, no such mechanical garbage grinder to
serve premises used for commercial purposes shall be installed until
permission for such installation is obtained from the Borough.
14.
Pretreatment Requirements.
A.
User shall design, construct, operate and maintain wastewater pretreatment
facilities whenever necessary to reduce or modify the user's wastewater
to achieve compliance with this Part. The review or approval of pretreatment
facility plans, specifications and operating procedures by the Borough
or its consulting engineer shall not excuse or mitigate any violations
by the user of this Part or any Federal, State or local requirements.
B.
The construction of required pretreatment facilities shall be accomplished
in accordance with a reasonable completion schedule prepared by the
user and approved by the Borough. If, in the opinion of the Borough,
the schedule prepared by the user is not reasonable, a completion
schedule shall be established by the Borough.
C.
When required by the Borough to provide pretreatment facilities,
no construction of such facilities shall commence until:
D.
When approved by the Borough and placed in operation, pretreatment
facilities shall be continuously maintained in satisfactory and effective
operation by the user, at his own expense. The Borough shall have
the right to inspect said facilities at any reasonable time to insure
such are being properly maintained and operated in accordance with
the requirements of the Borough.
15.
Flow Equalization. The Borough reserves the right to require users
having large variations in the rate of waste discharge to install
suitable regulating devices for equalizing flows to the sewerage system.
This requirement shall apply specifically to users with a discharge
containing industrial waste slugs having an average daily flow greater
than 15% of the average daily sewage flow at the sewage treatment
plant.
[Ord. 700, 11/16/1989, § 4; as amended by Ord.
829, 11/15/2001]
1.
Industrial Waste Discharge Permit.
A.
General. All industrial users connected or proposing to connect to
the sewerage system shall obtain an industrial waste discharge permit.
B.
Permit Application. Users required to obtain an industrial waste
permit shall complete and file with the Borough an application in
the form prescribed, and accompanied by a fee as detailed in § 405(2).
Existing users shall apply for an industrial waste discharge permit
within 60 days after the effective date of this Part. New users shall
apply at least 90 days prior to the anticipated date for connecting
to the sewerage system. In support of the application the user shall
submit the following information:
(1)
Name and address of user and location of discharge.
(2)
Wastewater characteristics including, but not limited to, those
listed in § 403(1) of this Part. Sampling and analysis shall
be performed in accordance with "Standard Methods for the Examination
of Water and Wastewater," latest edition, and shall be performed by
a qualified laboratory.
(3)
Time and duration of industrial waste discharge.
(4)
Average daily and peak flow rates (including daily, monthly
and seasonal variations, if appropriate).
(5)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections and appurtenances by
size, location and elevation.
(6)
Description of process producing industrial waste.
(7)
Description of product and approximate rate of production.
(8)
Description of raw materials processed.
(9)
Number of employees, hours of plant operation, and projected
hours of operation of pretreatment system (if applicable).
(10)
Additional information required by the Borough as necessary
to evaluate the permit application.
C.
Permit Conditions. Industrial waste discharge permits shall be expressly
subject to all provisions of this Part and all other applicable regulations,
user charges and fees established by the Borough. Permits shall include
any or all of the following:
(1)
The unit charge or schedule of user charges for the wastewater
to be discharged to the sewerage system.
(2)
Limits on the average and maximum wastewater characteristics.
(3)
Limits on average and maximum rate and time of discharge or
requirements for flow regulation and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(6)
Compliance schedules.
(7)
Requirements for submission of discharge reports.
(8)
Requirements for maintaining operating records relating to wastewater
discharge and affording Borough access thereto.
(9)
Other conditions as deemed appropriate by the Borough to ensure
compliance with this Part.
D.
Procedures. The procedure to be followed by the Borough in acting
on industrial waste discharge permit applications shall be as follows.
Within 30 days of receipt of the application, the Borough shall notify
the applicant in writing:
(1)
That the wastewater proposed to be discharged is acceptable
and a permit will be issued by the Borough.
(2)
That the wastewater proposed to be discharged is unacceptable.
(3)
That the wastewater proposed to be discharged will be acceptable
provided certain action is taken and maintained by the applicant,
specifying the terms and conditions thereof.
(4)
That the Borough requires further information, studies or tests,
specifying the requirements thereof, before it can determine whether
the proposed discharge is or is not acceptable.
E.
Permit Duration. A permit shall be issued for a specified time period,
not to exceed five years or it may be issued to expire on a specific
date. The user shall apply for permit reissuance a minimum of 180
days prior to the expiration of an existing permit. The terms and
conditions of the permit shall be subject to modification by the Borough
during the term of the permit as limitations or requirements are modified
or other just cause exists. The user shall be informed of any proposed
changes in his permit at least 30 days prior to the effective date
of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
F.
Permit Transfer. Industrial waste discharge permits are issued to
a specific user for a specific operation. A permit may not be reassigned,
transferred or sold to a new owner, new user, different premises or
a new or changed operation without the approval of the Borough.
G.
Waste Characteristic Change. Any owner of any improved property who
is discharging industrial waste into the sewerage system and who contemplates
a change in the method of operation or in the pretreatment facilities
which will alter the type of industrial waste then being discharged
into the sewerage system shall apply for a new industrial waste discharge
permit at least 30 days prior to such change. The revised industrial
waste discharge permit will be subject to a fee as established from
time to time by resolution of Borough Council. Approval or disapproval
of a modified permit shall be regulated by the procedures established
hereunder for the issuance of an original permit.
H.
Separation of Wastes. In the case of complete separation of domestic
sewage from industrial wastes within an industrial establishment,
with the domestic wastes only discharged to the sanitary sewer, no
discharge permit fee shall be imposed on that portion of the wastes
going to the sanitary sewer.
2.
Reporting Requirements for Permittee.
A.
Each industrial waste permittee shall submit to the Borough 10 days
prior to the first day of March, June, September and December, an
industrial waste contribution report. The report shall be on a form
provided by the Borough and shall indicate the nature and concentration
of pollutants in the industrial waste effluent. The waste characteristics
shall be based on the results of analysis of the waste performed by
a qualified laboratory. Upon specific approval of the Borough the
permittee may elect to employ in-house facilities for the analysis
of certain parameters being monitored. However, at least once per
year, a split sample shall be analyzed for all parameters being monitored
in-house by both the in-house laboratory and a qualified laboratory.
The results of both laboratories shall then be submitted to the Borough
for review. The Borough reserves the right to waive approval for the
use of in-house facilities at any time.
B.
The report shall also include the average daily flow for the reporting
period. At the discretion of the Borough and in consideration of such
factors as production schedules, budget cycles, etc., the Borough
may agree to alter the months during which the above reports are to
be submitted.
3.
Sampling, Flow Measurement, Testing and Inspection.
A.
Any user whose property is serviced by a sewer carrying industrial
waste shall install at his expense a suitable control manhole together
with such necessary meters and other appurtenances in the sewer to
provide for inspection, sampling and measurement of the waste. The
control manhole should normally be situated on the user's premises,
but the Borough may, when such a location would be impractical or
cause undue hardship on the user, allow the faculty 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 the control manhole to allow
sampling and preparation of samples for analysis. The control manhole,
sampling and measuring equipment shall be maintained at all times
in a safe and proper operating condition at the expense of the user.
Construction of the control manhole shall be completed within 90 days
following notification by the Borough.
C.
Users discharging industrial waste to the sewerage system shall provide
the Borough and its representatives the opportunity of access at any
time, upon reasonable notice, to any improved property served by the
sewerage system as shall be required for purposes of inspection, measurement,
sampling, testing and records examination to ascertain whether the
purpose of this Part is being met and all requirements are being complied
with, and for performance of other functions relating to service rendered
by the Borough. The Borough shall have the right to set up on the
user's property such devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering operations.
D.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
E.
All measurements, tests, and analysis of the characteristics of waters
and wastes to which reference is made in this Part shall be determined
in accordance with the latest edition of "Standard Methods for Examination
of Water and Wastewater," published by the American Public Health
Association.
F.
A twenty-four-hour flow proportional composite sample shall be considered
the standard for all sampling performed in accordance with the Part.
However, other appropriate sampling procedures may be acceptable at
the discretion of the Borough.
G.
The costs of all sampling, testing, inspection and other monitoring
activities incurred by the Borough while enforcing the provisions
of this Part shall be reimbursable from the respective user.
[Ord. 700, 11/16/1989, § 5]
1.
Purpose. It is the purpose of this Section to provide for the recovery
of costs from users of the Borough's sewerage system for the implementation
of the program established herein. The applicable charges or fees
shall be set forth in the Borough's Schedule of Charges and Fees.
2.
Charges and Fees. The Borough may from time to time collect charges
and fees to include:
A.
Fees for reimbursement of costs of setting up and operating the Borough's
pretreatment program.
B.
Fees for monitoring, inspections and surveillance procedures.
C.
Fees for reviewing accidental discharge procedures and construction.
D.
Fees for permit and modified permit applications.
E.
Fees for filing appeals.
F.
Fees for consistent removal (by the Borough) of pollutants otherwise
subject to Federal pretreatment standards.
G.
Other fees as the Borough may deem necessary to carry out the requirements
contained herein.
These fees relate solely to the matters covered by this Part
and are separate from all other fees chargeable by the Borough.
|
[Ord. 700, 11/16/1989, § 6]
1.
Harmful Contributions.
A.
The Borough may suspend wastewater treatment service and/or an industrial
waste discharge permit when such suspension is necessary, in the opinion
of the Borough, in order to stop an actual or threatened discharge
which presents an imminent or substantial endangerment to the health
or welfare of persons or the environment, causes interference to the
sewerage system or causes the Borough to violate any condition of
its NPDES permit.
B.
Any person notified of a suspension of wastewater treatment service
and/or an industrial waste discharge permit shall immediately stop
or eliminate the discharge. In the event of a failure of the person
to comply voluntarily with the suspension order, the Borough shall
take such steps as deemed necessary including immediate severance
of the sewer connection, to prevent or minimize damage to the sewerage
system or endangerment to any individuals. The Borough shall reinstate
the industrial waste discharge permit and/or wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful discharge and measures taken to prevent any
future occurrence shall be submitted to the Borough within five days
following the date of occurrence.
2.
Revocation of Permit.
A.
Any user who violates the following conditions is subject to having
his permit revoked in accordance with the procedures of this Section
of this Part:
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
(2)
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics.
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
(4)
Violation of conditions of the permit.
B.
If a permit is revoked, the Borough may take any steps it deems advisable,
including severance of the sewer connection, to promote compliance
with this Part.
3.
Legal Action. If any person discharges sewage, industrial wastes
or other wastes into the sewerage system contrary to the provisions
of this Part, or any order of the Borough, the Borough Solicitor may
commence an action for appropriate legal and/or equitable relief in
the Court of Common Pleas of Lancaster County.
4.
Settlements. Nothing in this Part shall be construed to limit or
deny the right of the Borough or any other person to such equitable
or other remedies as may otherwise be available with or without process
of law, including payment of damages to the Borough by any person
causing damage or injury to the sewer system. Any person who causes
harm or damage to the sewerage system as a result of a violation of
this Part shall be liable to the Borough for the full costs of such
harm or damage.
[Ord. 700, 11/16/1989, § 7]
1.
General.
A.
Discharges containing concentrations of BOD, and/or suspended solids
in excess of 250 mg/l shall be subject to a surcharge.
B.
Discharges containing concentrations of BOD5 and/or suspended solids in excess of 2,000 mg/l shall be subject
to a penalty surcharge of three times the standard surcharge rate
for that portion of the concentration in excess of 2,000 mg/l, and
the standard surcharge rate for the portion of the concentration in
excess of 250 mg/l but less than 2,000 mg/l.
2.
Surcharge Formula.
A.
Whenever the Borough consents to accept industrial waste into the
sewer system which has a total suspended solids concentration in excess
of 250 mg/l or BOD5, in excess of 250 mg/l,
a surcharge factor will be applied to the normal sewer bill to arrive
at the industrial surcharge bill. The surcharge factor will be computed
as follows:
Surcharge factor 0.001 x [(BOD5-250 +
(TSS- 250)]
| |
The surcharge factor cannot exceed 1.75 for BOD5 and 1.75 for suspended solids.
|
B.
Whenever the Borough consents to accept industrial waste into the
sewer system which has a total suspended solids concentration in excess
of 2,000 mg/l or BOD5 in excess of 2,000 mg/l,
a penalty surcharge factor will be applied to the normal sewer bill
to arrive at the industrial surcharge bill. The penalty surcharge
factor will be computed as follows:
Penalty Surcharge Factor =.003 x [(BOD5-2,000) + (TSS-2,000)]
| |
The penalty surcharge factor is added to the surcharge factor
to determine the factor to be applied to the monthly metered charge
to arrive at the total industrial waste surcharge bill.
|
3.
Nutrient Surcharge. Whenever the Borough consents to accept industrial
waste into the sewer system which has a total nitrogen concentration
in excess of 40 mg/l or a total phosphorus concentration in excess
of 10 mg/l, a nutrient surcharge factor will be applied to the normal
sewer bill to arrive at the industrial surcharge bill. The nutrient
surcharge factor will be computed as follows:
[Added by Ord. 966, 12/18/2014]
Nutrient surcharge factor = 0.01 x [(Nitrogen-40) + (Phosphorus-10)]
| |
The nutrient surcharge factor is added to any other surcharge
factors to determine the factor to be applied to the monthly metered
charge to arrive at the total industrial waste surcharge bill.
|
[Ord. 700, 11/16/1989, § 10]
The owner of each property connected to the sewerage system
shall be responsible for all acts of tenants or other occupants of
such improved property insofar as such acts shall be governed by provisions
of this Part.