[Ord. 639, 12/5/1994, § 1]
1.
Purpose and Policy. This Part sets forth uniform requirements for
users of the public owned treatment works (POTW) for the Borough of
Hamburg and enables the Borough to comply with all applicable State
and Federal laws, including the Clean water Act (33 U.S.C. § 1251
et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).
The objectives of this Part are:
A.
To prevent the introduction of pollutants into the POTW that will
interfere with the operation of the POTW.
B.
To prevent the introduction of pollutants into the POTW which will
pass through the POTW, inadequately treated, into receiving waters
or otherwise be incompatible with the POTW.
C.
To protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public.
D.
To improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW.
E.
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the POTW.
F.
To enable the Borough to comply with its NPDES permit conditions,
sludge use and disposal requirements and any other Federal or State
laws to which the POTW is subject.
This Part shall apply to all users of the POTW. This Part authorizes
the issuance of wastewater discharge permits; authorizes monitoring,
compliance and enforcement activities; established administrative
review procedures; requires user reporting and provides for the setting
of fees for the equitable distribution of costs resulting from the
program established herein.
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2.
Administration. Except as otherwise provided herein, the Borough
Manager shall administer, implement and enforce the provisions of
this Part. Any powers granted to or duties imposed upon the Borough
Manager may be delegated by the Borough Manager to the Superintendent
or other Borough personnel.
3.
ABNORMAL STRENGTH WASTE
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(1)
(a)
(b)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BOROUGH MANAGER
BUILDING SEWER
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
CHLORINE DEMAND
COLOR
COMMERCIAL CONNECTION
COMPOSITE SAMPLE
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
DISSOLVED SOLIDS
DOMESTIC WASTE
DWELLING UNIT
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EQUIVALENT DWELLING UNIT
EXISTING SOURCE
GARBAGE
GRAB SAMPLE
GROUND GARBAGE
GROUNDWATER
HOLDING TANK WASTE
IMPROVED PROPERTY
INDIRECT DISCHARGE OR DISCHARGE
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL USER
INDUSTRIAL WASTE PERMIT
INDUSTRIAL WASTE SURCHARGE
INFILTRATION
INFILTRATION/INFLOW
INFLOW
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
LATERAL
MANHOLE
MAY
MEDICAL WASTE
MG/L
MULTIPLE DWELLING
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONCONTACT COOLING WATER
NORMAL STRENGTH WASTE
OBJECTIONABLE WASTE
OWNER
PASS THROUGH
PERSON
PH
POLLUTANT
POLLUTION
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS OR STANDARDS
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECEIVING STREAM
SANITARY SEWER
SEPTIC TANK WASTE
SEWAGE
SHALL
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STATE
STORMWATER
SUPERINTENDENT
SURFACE WATER
SUSPENDED SOLIDS
TOTAL SOLIDS
TOXIC POLLUTANT
TOXIC SUBSTANCE
TREATMENT PLANT EFFLUENT
USER OR INDUSTRIAL USER
WASTE TREATMENT OFFICER
WASTEWATER
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT
WATERS OF THE STATE
ABBREVIATIONS
Definitions.
Unless a provision explicitly states otherwise, the following terms
and phrases, as used in this Part, shall have the meanings hereinafter
designated.
Any waste have a BOD5, suspended solids
or dissolved solids concentration in excess of that found in normal
domestic waste but which is otherwise acceptable into a public sewer
under the terms of this Part.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
U.S. Environmental Protection Agency, Region III, Philadelphia
Pennsylvania.
The Hamburg Municipal Authority, or in appropriate cases,
acting by and through its authorized representatives.
If the user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function or any other
person who performs similar policy or decision making functions for
the corporation.
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a Federal, State or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility or his/her designee.
The individuals described in subsections (1) thorough (3), above,
may designate another authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company and the written authorization is submitted
to the Borough.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C, usually expressed as a concentration (milligrams per
liter (mg/l)).
The Borough of Hamburg or the Borough Council of Harrisburg.
The person employed by the Borough, as defined in the Borough
Code of Ordinances. The Borough Engineer or POTW operator shall act
in this capacity in physical absence of the Borough Manager.
The extension of pipe of four inches or five inches in diameter
from the user's building to the system's lateral at the
right-of-way line.
Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with §§ 307(b)(c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405-471.
The quantity of chlorine absorbed in water, sewage or other
liquids allowing a residual 0.1 ppm after 15 minutes of contact.
The optical density at the visual wave length of maximum
absorption relative to distilled water. One hundred percent transmittance
is equivalent to zero optical density.
A user who discharges domestic wastewater and wastewater
generated from preparation or supplying commodities and services such
as restaurants, carwashes, gasoline stations and laundromats.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The "approval authority" defined hereinabove or the Borough
of Hamburg when it has an approved pretreatment program under the
provisions of 40 CFR, § 403.11.
The water discharged from any system of condensation such
as air conditioning, cooling or refrigeration.
The discharge of treated or untreated wastewater directly
to the waters of the State of Pennsylvania.
The anhydrous residues of the dissolved constituents in water
or wastewater.
The normal water carrying household and toilet wastes from
residences, business buildings, institutions and industrial establishments.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as a separate business or as separate
living quarters by a family or other group of persons living together
or by a person living alone.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director or other duly authorized
official of said agency.
The quantity of flow which is equivalent to the average amount
of water consumed by a single residential unit. The number of equivalent
dwellings units (EDU's) assigned to a residential dwelling unit
regardless of water consumption is 1. The number of EDU's assigned
to an industrial or other nonresidential user is calculated on a quarterly
basis by dividing the total quarterly water consumption (or sewage
flow) of the industrial or other nonresidential user by the average
quarterly water consumption of a residential unit during the previous
year. The minimum number of EDU's assigned to any user shall
be 1.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with § 307
of the Act.
Solid waste resulting from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
A sample which is taken from a wastestream on a one time
basis without regard to the flow in the wastestream and over a period
of time not to exceed 15 minutes.
Garbage that has been shredded to such a degree that all
its particles shall be carried freely under normal sewage flow conditions
with no particle greater than 1/2 inch in any dimension.
Water which is standing 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.
Any property within the service 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.
The introduction of pollutants into the POTW from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act.
Any improved property used, in whole or in part, for manufacturing,
processing, cleaning, laundering or assembling any product, commodity
or article or from which any process waste, as distinct from domestic
waste, shall be discharged.
A source of direct discharge industrial waste which does
not constitute a "discharge of pollutants" under regulations issued
pursuant to § 402 of the Act (33 U.S.C. § 1342).
A permit to deposit or discharge liquid industrial wastes
into the POTW.
A charge levied on industrial users of the treatment works
of the POTW for the additional cost of treating abnormal strength
wastes.
The water entering a sewer system and service connections
from the ground through such means as, but not limited to, defective
pipes, pipe joints, connections and/or manhole walls. Infiltration
does not include and is not distinguished from inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source. Also known as extraneous flow.
The water discarded into a sewer system and service connections
from such sources as, but not limited to, roof leaders, cellar, yard
and area drains, foundation drains, cooling water discharges, drains
from springs and swampy areas, manhole covers, cross connections from
storm sewers and combined sewers, catch basins, storm waters, surface
runoff, street wash waters or drainage. Inflow does not include and
is distinguished from filtration.
The maximum concentration (or loading) of a pollutant allowed
to be discharged at any time, determined from the analysis of any
discrete or composited sample collected, independent of the industrial
flow rate and the duration of the sampling event.
A discharge which alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal and therefore is a cause of a violation of the Borough's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder (or more stringent State or local regulations):
§ 405 of the Clean Water Act; the Solid Waste Disposal Act
(SWDA), including Title II, commonly referred to as the Resource Conservation
and Recovery Act (RCRC); any State regulations contained in any State
sludge management plan prepared pursuant to Subtitle D of the SWDA;
the Clean Air Act; the Toxic Substances Control Act and the Marine
Protection, Research and Sanctuaries Act.
The part of the Borough's sewer system extending from
a sewer line to the curb line or, if there shall be no curb line,
to the property line or right-of-way. If no such laterals shall be
provided, then lateral shall bean that portion of a sewer which is
provided for connection of any building sewer.
A shaft or chamber leading from the surface of the ground
to a sewer large enough to enable a person to gain access to the latter.
Permissive. "Shall" is mandatory.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Milligrams per unit. Equivalent to parts per million (ppm)
by weight.
Any improved property in which shall be located more than
one dwelling unit.
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 building, structure, facility or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under § 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that Section; provided, that:
The building, structure, facility or installation is constructed
at a site at which no other source is located.
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production of wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general activity
as the existing source should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of subsection (1)(b) or (c) above but otherwise
alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous onsite construction
program:
Any placement, assembly or installation of facilities or equipment.
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for the placement, assembly or installation of new source
facilities or equipment.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this Subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
Domestic sewage which when analyzed or caused to be analyzed
by the Borough shows a daily average of not more than 300 mg/l of
total suspended solids, 250 mg/l of BOD5, 300
mg/l of dissolved solids and/or 6.6 mg/l of phosphorus.
Any wastes that can, in the Borough's judgment, harm
either the sewers or sewage treatment process or equipment or, in
the judgment of any municipality where the wastes are being carried,
can have an adverse effect upon its system; can have an adverse effect
upon the receiving stream; can otherwise endanger life, health or
property or which constitutes a public nuisance
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the POTW service area.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Borough'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. This definition includes all Federal, State and local
governmental entities.
The negative logarithm of the effective hydrogen ion concentration
or hydrogen ion activity in gram equivalent per liter used in expressing
both acidity and alkalinity on a scale whose values run from zero
to 14 with seven representing neutrality, numbers less than seven
increasing acidity and numbers greater than seven increasing alkalinity.
Dredged spoil, solid waste, incinerator residue, filter backwash
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes and certain characteristics of wastewater (i.e.,
pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand
(COD), toxicity or odor).
The manmade or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to (or in lieu of) introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes or by other means
(except by diluting the concentration of the pollutants unless allowed
by an applicable pretreatment standard).
Any substantive or procedural requirement related to pretreatment
imposed on a user other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 18-102(1) of this Part.
A "treatment works" as defined by § 212 of the
Act (33 U.S.C. § 1292) which is owned by the Borough. This
definition includes any devices or systems used in the collection,
storage, treatment recycling and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant. The term also means the Borough.
The Schuylkill River.
Any pipe or conduit constituting a part of the sewer system
or usable for sewage collection purposes.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Mandatory. "May" is permissive.
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater).
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant.
Is designated by such by the Borough on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection
(2) has no reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement
the Borough may, at any time, on its own initiative or in response
to a petition receiver from a user (and in accordance with procedures
in 40 CFR 403.8(f)(6)) determine that such user should not be considered
a significant industrial user.
Any discharge of a nonroutine, episodic nature or at a flow rate or concentration which would cause a violation of the prohibited discharge standards on § 18-102(1) of this Part or any discharge at a flow rate or containing concentrations or quantities of pollutants that exceed for any period longer than 15 minutes more than five times during the average twenty-four-hour concentration, quantities or flow during normal operations.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The person designated by the Borough to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this Part or a duly authorized representative.
That portion of precipitation which runs off over the surface
of the ground.
The total suspended matter that floats on the surface or,
or is suspended in, water, wastewater or other liquid and which is
removable by laboratory filtering.
Solids that either float on the surface of or are in suspension
or dissolved in water, sewage or other liquids and which are determined
by appropriate procedures found in the latest edition of "Standard
Methods for the Examination of Water and Sewage" published by the
American Public Health Association."
One of 126 pollutants or combination of those pollutants
listed as toxic in regulations promulgated by the EPA under § 307
(33 U.S.C. § 1317) of the Act.
Any noxious and/or deleterious substance 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
any sewer system or in the receiving stream of the sewage treatment
plant.
The discharge from the POTW into waters of the United States.
A source of indirect discharge.
The Borough Manager of the wastewater treatment system who
is responsible for the operation and maintenance of the sewer system
and the administration and control of industrial waste management.
Liquid and water-carried industrial waste and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treater or untreated, which are
contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
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.
The use of the singular shall be construed to include the plural
and the plural shall include the singular as indicated by the context
of its use.
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The following abbreviations have the designated meanings:
BOD
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—
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Biochemical oxygen demand
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CFR
|
—
|
Code of Federal Regulations
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COD
|
—
|
Chemical oxygen demand
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EPA
|
—
|
U.S. Environmental Protection Agency
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gpd
|
—
|
Gallons per day
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l
|
—
|
Liter
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mg
|
—
|
Milligrams
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mg/l
|
—
|
Milligrams per liter
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NPDES
|
—
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National Pollutant Discharge Elimination System
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O&M
|
—
|
Operation and maintenance
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POTW
|
—
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Publicly owned treatment works
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RCRA
|
—
|
Resource Conservation and Recovery Act
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SIC
|
—
|
Standard Industrial Classification
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SWDA
|
—
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Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
| |
TSS
|
—
|
Total suspended solids
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USC
|
—
|
United States Code
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[Ord. 639, 12/5/1994, § 2]
1.
Prohibited Discharge Standards.
A.
General Prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass through
or interference. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other National, State or local pretreatment standards
or requirements.
B.
Specific Prohibitions. No users shall introduce or cause to be introduced
into the POTW the following pollutants, substances or wastewater:
(1)
Pollutants which create a fire or explosive hazard in the POTW
including, but not limited to, wastestreams with a closed cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR § 361.21.
(2)
Wastewater having a pH less than 6.0 or more than 9.0 or otherwise
causing corrosive structural damage to the POTW or equipment.
(3)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference but in no case solids
greater than two inches in any dimension.
(4)
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW.
(5)
Wastewater having a temperature greater than 1° F. (40°
C.).
(6)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass through.
(7)
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(8)
Trucked or hauled pollutants except at discharge points designated by the Borough Manager in accordance with § 18-103(4).
(9)
Noxious or malodorous liquids, solids or other wastewater which,
either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life or to prevent entry
into the sewers for maintenance or repair.
(10)
Wastewater which imparts color which cannot be removed by the
treatment process such as, but not limited to, dye wastes and vegetable
tanning solutions which consequently imparts color to the treatment
plant's effluent thereby violating the Borough's NPDES permit.
Color (in combination with turbidity) shall not cause the treatment
plant effluent to reduce the depth of the compensation point for photosynthetic
activity by more than 10% from the reasonably established norm for
aquatic life.
(11)
Wastewater containing any radioactive wastes or isotopes except
as specifically approved by the Borough Manager in compliance with
applicable State or Federal regulations.
(12)
Stormwater, surface water groundwater, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water and unpolluted wastewater
unless specifically authorized by the Superintendent.
(13)
Sludges, screenings or other residues from the pretreatment
of industrial wastes.
(14)
Medical wastes except as specifically authorized by the Borough
Manager in a wastewater discharge permit.
(15)
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test.
(16)
Detergents, surface active agents or other substances which
may cause excessive foaming in the POTW.
(17)
Fats, oils or greases of animal or vegetable origin in concentrations
greater than 100 mg/l.
Pollutants, substances or wastewater prohibited by this Section
shall not be processed or stored in such a manner that they could
be discharged in the POTW.
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2.
Federal Categorical Pretreatment Standards. The National categorical pretreatment standards found at 40 CFR, Chapter 1, Subchapter N, Parts 405-471, are hereby incorporated.
3.
State Pretreatment Standards. No State pretreatment standards exist
so, in their place, categorical pretreatment standards are hereby
incorporated.
4.
Local Limits.
A.
The following pollutant limits are established to protect against
pass through and interference. No person shall discharge wastewater
containing in excess of the following instantaneous maximum allowable
discharge limits:
B.
The above limits apply at the point where the wastewater is discharged
to the POTW (end of the pipe). All concentrations for metallic substances
are for "total" metal unless indicated otherwise. The Borough Manager
may impose mass limitations in addition to or in place of the concentration
based limitations above.
5.
Borough's Right of Revision. The Borough reserves the right
to establish by ordinance or in wastewater discharge permits more
stringent standards or requirements on discharges to the POTW.
6.
Special Agreement. The Borough reserves the right to enter into special
agreements with users setting out special terms under which they may
discharge to the POTW. In no case will a special agreement waive compliance
with a pretreatment standard or requirement. However, a user may request
a net gross adjustment to a categorical standard in accordance with
40 CFR § 403.15. A user also may request a variance from
the categorical pretreatment standard from the approval authority.
Such a request will be approved only if the user can prove that factors
relating to its discharge are fundamentally different from the factors
considered by EPA when establishing that categorical pretreatment
standard. A user requesting a fundamentally different factor variance
must comply with the procedural and substantive provisions in 40 CFR § 403.13.
7.
Dilution. 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 a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Borough Manager may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards
or requirements or in other cases where the imposition of mass limitations
is appropriate.
[Ord. 639, 12/5/1994, § 3]
1.
Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Part and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 18-102(1) of this Part within the time limitations specified by the EPA, the State or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Borough Manager for review and shall be acceptable to the Borough Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce an acceptable discharge to the Borough under the provisions of this Part.
2.
Additional Pretreatment Measures. The Borough may provide legal authority
to do the following:
A.
Whenever deemed necessary, the Borough Manager may require users
to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams and such other conditions as may be necessary
to protect the POTW and determine the user's compliance with
the requirements of this Part.
B.
Each person discharging into the POTW greater than 25,000 gallons
per day or greater than 5% of the average daily flow in the POTW,
whichever is less, shall install and maintain, on his property and
at his expense, a suitable storage and flow control facility to ensure
equalization of flow over a twenty-four-hour period. The facility
shall have a capacity as determined by the Borough and shall be equipped
with alarms and a rate of discharge controller, the regulation of
which shall be directed by the Superintendent. A wastewater discharge
permit may be issued solely for flow equalization.
C.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Superintendent, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil or sand
except that such interceptors shall not be required for residential
users. All interception units shall be of type and capacity approved
by the Borough Manager and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned and repaired regularly, as needed, by the user at his expense.
3.
Accidental Discharge/Slug Control Plans. At least once every two
years the Borough Manager shall evaluate whether each significant
industrial user needs an accidental discharge/slug control plan. The
Borough Manager may require any user to develop, submit for approval
and implement such a plan. Alternatively, the Borough Manager may
develop such a plan for any user. An accidental discharge/slug control
plan shall address, at a minimum, the following:
A.
Description of discharge practices, including nonroutine batch discharges.
B.
Description of stored chemicals.
C.
Procedures for immediately notifying the POTW of any accidental or sludge discharge as required by § 18-107(6) of this Part.
D.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents) and/or
measures and equipment for emergency response.
4.
Hauled Wastewater.
A.
Septic tank waste and hauled industrial waste may be introduced into the POTW only at a designated receiving structure within the treatment plant area and at such times as are established by the Superintendent. Such wastes shall not violate § 18-102 of this Part or any other requirements established or adopted by the Borough. Wastewater discharge permit for individual vehicles to use such facilities shall be issued by the Superintendent.
B.
The Borough Manager may issue wastewater discharge permits to original
sources of hauled industrial waste. The Borough Manager shall also
have authority to prohibit the disposal of hauled industrial waste.
C.
Waste haulers may only discharge loads at locations specifically
designated by the Superintendent. No load may be discharged without
prior consent of the Superintendent. The Borough Manager may collect
samples of each hauled load to ensure compliance with applicable standards.
The Borough Manager may require the hauler to provide a waste analysis
of any load prior to discharge.
D.
Waste haulers must provide a wastetracking form for every load. This
form shall include, at a minimum, the name and address of the waste
hauler, permit number, truck identification, names and addresses of
sources of waste and volume and characteristics of waste. In addition,
for hauled industrial waste, the form shall identify the type of industry,
known or suspected waste constituents and whether any wastes are RCRA
hazardous wastes.
[Ord. 639, 12/5/1994, § 4]
1.
Times and Methods of Payment. Strength of wastes surcharges shall
be due and be paid quarterly and quarterly billings for strength of
wastes surcharges shall be made by bills dated during January, April,
July and October of each year for the quarterly calendar period immediately
preceding the date of the bill. The bills for strength of wastes surcharges
for the first quarter during which a property discharges industrial
wastes into the sewer system shall be prorated on the basis of the
quarterly rate. All bills shall be due and payable on their respective
dates. The Borough may include strength of wastes surcharges on the
quarterly sewer rental bills made in accordance with Ord. 553 [Part
2] and need not, in such cases, make separate bills for strength of
wastes surcharges.
2.
Connection Fee. There is hereby imposed a connection fee as determined
by Act 203 of 1990 amending the Municipalities Authorities Act of
1945 and adopted, from time to time, by Borough ordinance for each
connection to be made to the sewer system at the curb or property
line.
3.
Extraordinary Maintenance Charge. Any person discharging any waste
which, in the judgment of the Borough, causes any extraordinary maintenance
expenses shall be billed by the Borough in the amount of said expenses.
The billing amount shall be determined by the Borough and shall include
charges for labor of Borough personnel and other costs incurred by
the Borough.
[Ord. 639, 12/5/1994, § 5]
1.
Wastewater Analysis. When requested by the Superintendent a user
must submit information on the nature and characteristics of its wastewater
within 30 days of the request. The Borough Manager is authorized to
prepare a form for this purpose and may periodically require users
to update this information.
2.
Wastewater Discharge Permit Requirement.
A.
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent except that a significant industrial user that has filed a timely application pursuant to § 18-105(3) of this Part may continue to discharge for the time period specified therein.
B.
The Borough Manager may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this Part.
C.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in §§ 18-111 through 18-113 of this Part. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law.
3.
Wastewater Discharge Permitting; Existing Conditions. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part and who wishes to continue such discharges in the future shall, within 30 days after said date, apply to the Borough Manager for a wastewater discharge permit in accordance with § 18-105(5) of this Part and shall not cause or allow discharges to the POTW to continue after 60 days of the effective date of this Part except in accordance with a wastewater discharge permit issued by the Superintendent.
4.
Wastewater Discharge Permitting; New Connections. Any user required to obtain a wastewater discharge permit who proposed to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommending of such discharge. An application for this wastewater discharge permit, in accordance with § 18-105(5) of this Part, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
5.
Wastewater Discharge Permit Application Contents.
A.
All users required to obtain a wastewater discharge permit must submit
a permit application. The Borough Manager may require all users to
submit as part of an application the following information:
(1)
All information required by § 18-107(1)(B) of this
Part.
(2)
Description of activities, facilities and plan processes on
the premises including a list of all raw materials and chemicals used
or stored at the facility which are or could accidentally or intentionally
be discharged to the POTW.
(3)
Number and type of employees, hours of operation and proposed
or actual hours of operation.
(4)
Each product produced by type, amount, process or processes
and rate of production.
(5)
Type and amount of raw materials processed (average and maximum
per day).
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge.
(7)
Time and duration of discharges.
(8)
Any other information as may be deemed necessary by the Borough
Manager to evaluate the wastewater discharge permit application.
B.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revisions.
6.
Application Signatories and Certification. All discharge permit applications
and user reports must be signed by an authorized representative of
the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system or those persons directly
responsible for gathering the information the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information including the possibility of fine and imprisonment for
knowing violations."
|
7.
Wastewater Discharge Permit Decisions. The Borough Manager will evaluate
the data furnished by the user and may require additional information.
Within 30 days of receipt of a complete wastewater discharge permit
application the Borough Manager will determine whether or not to issue
a wastewater discharge permit. The Borough Manager may deny any application
for a wastewater discharge permit.
[Ord. 639, 12/5/1994, § 6]
1.
Wastewater Discharge Permit Duration. A wastewater discharge permit
shall be issued for a specified time period not to exceed five years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period less than five years at the discretion
of the Superintendent. Each wastewater discharge permit will indicate
a specific date upon which it will expire.
2.
Wastewater Discharge Permit Contents. A wastewater discharge permit
shall include such conditions as are reasonably deemed necessary by
the Borough Manager to prevent pass through or interference, protect
the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal and protect against damage to the POTW.
A.
Wastewater discharge permits must contain the following conditions:
(1)
A statement that indicates wastewater discharge permit duration
which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the Borough and provisions
for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit.
(3)
Effluent limits based on applicable pretreatment standards.
(4)
Self-monitoring, sampling, reporting, notification and record
keeping requirements. These requirements shall include an identification
of pollutants to be monitored, sampling location, sampling frequency
and sample type based on Federal, State and local law.
(5)
A statement of applicable civil, criminal and administrative
penalties for violation of pretreatment standards and requirements
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable Federal,
State or local law.
B.
Wastewater discharge permits may contain, but need to be limited
to, the following special conditions:
(1)
Limits on the average and/or maximum rate of discharge, time
of discharge and/or requirements for flow regulation and equalization.
(2)
Requirements for the installation of pretreatment technology,
pollution control or construction of appropriate containment devices
designed to reduce, eliminate or prevent the introduction of pollutants
into the treatment works.
(3)
Requirements for the development and implementation of spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges.
(4)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
(5)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(7)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable Federal and State pretreatment standards including
those which become effective during the term of the wastewater discharge
permit.
(8)
Other conditions as deemed appropriate by the Borough Manager
to ensure compliance with this Part and State and Federal laws, rules
and regulations.
3.
Wastewater Discharge Permit Appeals. Any person, including the user,
may petition the Borough Manager to reconsider the terms of a wastewater
discharge permit within 30 days of its issuance.
A.
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.
In its petition the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection
and the alternative condition, if any, seeks to place in the wastewater
discharge permit.
C.
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D.
If the Borough Manager fails to act within 30 days a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider
a wastewater discharge permit, not to issue a wastewater discharge
permit or not to modify a wastewater discharge permit shall be considered
final administrative action for purposes of judicial review.
E.
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Berks County Court within 30 days.
4.
Wastewater Discharge Permit Modification. The Borough Manager may
modify the wastewater discharge permit for good cause including, but
not limited to, the following:
A.
To incorporate any new or revised Federal, State or local pretreatment
standards or requirements.
B.
To address significant alterations or additions to the user's
operation, processes or wastewater volume or character since the time
of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge poses a threat
to the Borough's POTW, Borough personnel or the receiving waters.
E.
Violation of any terms or conditions of the wastewater discharge
permit.
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR § 403.13.
H.
To correct typographical or other errors in the wastewater discharge
permit.
I.
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator.
5.
Wastewater Discharge Permit Transfer.
A.
Wastewater discharge permits may be reassigned or transferred to
a new owner and/or operator only if the permittee gives at least 60
days advance notice to the Borough Manager and the Borough Manager
approves the wastewater discharge permit transfer. The notice to the
Borough Manager must include a written certification by the new owner
and/or operator which:
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit voidable as of the date of facility transfer.
6.
Wastewater Discharge Permit Revocation.
A.
Wastewater discharge permits may be revoked for, but not limited
to, the following reasons:
(1)
Failure to notify the Borough Manager of significant changes
to the wastewater prior to the changed discharge.
(2)
Failure to provide prior notification to the Borough Manager of a changed condition pursuant to § 18-107(5) of this Part.
(3)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the Borough Manager timely access to the facility
premises and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines.
(9)
Failure to pay sewer charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application.
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility.
(13)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this Part.
B.
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
7.
Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application in accordance with § 18-105 of this Part, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
8.
Municipal Wastewater Discharge Permits. In the event another municipality
contributes all or a portion of its wastewater to the POTW the Borough
Manager may require such municipality to apply for and obtain a municipal
wastewater discharge permit.
B.
A municipal wastewater discharge permit shall contain the following
conditions:
(1)
A requirement for the municipal user to adopt a sewer use ordinance which is at least as stringent as this Part and local limits which are at least as stringent as those set in § 18-102(4) of this Part. Such ordinance and limits must be revised as necessary to reflect changes made to the Borough's sewer use ordinance and/or local limits.
(2)
A requirement for the municipal user to submit a revised user
inventory on at least an annual basis.
(3)
A requirement for the municipal user to conduct pretreatment
implementation activities including wastewater discharge permit issuance,
inspection and sampling and enforcement or authorize the POTW to take
or conduct such activities on its behalf.
(4)
A requirement for the municipal user to provide the Borough
Manager with access to all information that the municipal user obtains
as part of its pretreatment activities.
(5)
Limits on the nature, quality and volume of the municipal user's
wastewater at the point where it discharges to the POTW.
(6)
Requirements for monitoring the municipal user's discharge.
(7)
A provision ensuring the Borough Manager access to the facilities
of users located in the municipal user's jurisdiction for the
purpose of inspection, sampling and any other duties deemed necessary
by the Superintendent.
[Ord. 639, 12/5/1994, § 7]
1.
Baseline Monitoring Reports.
A.
Within either 180 days after the effective date of a categorical
pretreatment standard or the final administrative decision on a category
determination under 40 CFR § 403.6(a)(4) (whichever is later)
existing categorical users currently discharging to or scheduled to
discharge to the POTW shall be required to submit to the Borough Manager
a report which contains the information listed in Subsection 1B below.
At least 90 days prior to commencement of their discharge new sources
and sources that become categorical users subsequent to the promulgation
of an applicable categorical standard shall be required to submit
to the Borough Manager a report which contains the information listed
in Subsection 1B below. A new source shall also be required to report
the method of pretreatment it intends to use to meet applicable categorical
standards. A new source shall also give estimates of its anticipated
flow and quantity of pollutants discharged.
B.
Users described above shall submit the information set forth below.
(1)
Identifying Information. The name and address of the facility
including the name of the operator and owner.
(2)
Environmental Permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of Operations. A brief description of the nature,
average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4)
Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set our in 40 CFR § 403.6(e).
(5)
Measurement of Pollutants.
(a)
The categorical pretreatment standards applicable to each regulated
process.
(b)
The results of sampling and analysis identifying the nature and concentration (and/or mass where required by the standard or by the Superintendent) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long term average concentrations (or mass where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 18-107(1) of this Part.
(c)
Sampling must be performed in accordance with procedures set out in § 18-107(11) of this Part.
(6)
Certification. A statement reviewed by the user's authorized
representative and certified by a qualified professional indicating
whether pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance Schedule. 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 and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in § 18-107(2) of this Part.
2.
Compliance Schedule Progress Report. The following conditions shall
apply to the schedule required by § 18-107(1)(B)(7) of this
Part: (A) the schedule shall contain progress increments in the form
of 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 (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, beginning and conducting routine operation;
(B) no increment referred to above shall exceed nine months; (C) the
user shall submit a progress report to the Borough Manager no later
than 14 days following each date in the schedule and the final date
of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for the delay and, if appropriate,
the steps being taken by the user to return to established schedule
and (D) in no event shall more than nine months elapse between such
progress reports to the Superintendent.
3.
Report on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW any user subject to such pretreatment standards and requirements shall submit to the Borough Manager a report containing the information described in § 18-107(1)(B)(4)-(6) of this Part. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c) this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation) this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 18-105(6) of this Part.
4.
Periodic Compliance Reports.
A.
All significant industrial users shall, at a frequency determined by the Borough Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance report must be signed and certified in accordance with § 18-105(6) of this Part.
B.
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
C.
If a user subject to the reporting requirement in this Section monitors any pollutant more frequently than required by the Superintendent using the procedures prescribed in § 18-107(11) of this Part the results of this monitoring shall be included in the report.
5.
Report of Changed Conditions. Each user must notify the Borough Manager
of any planned significant changes to the user's operations or
system which might alter the nature, quality or volume of its wastewater
at least 30 days before the change.
A.
The Borough Manager may require the user to submit such information
as may be deemed necessary to evaluate the changed condition including
the submission of a wastewater discharge permit application under
§ 18-101(5) of this Part.
C.
For purposes of this requirement significant changes include, but
are not limited to, flow increases of 10% or greater and the discharge
of any previously unreported pollutants.
6.
Reports of Potential Problems.
A.
In the case of any discharge including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge or a slug load that may cause potential problems for
the POTW the user shall immediately telephone and notify the Borough
Manager of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume (if known)
and corrective actions taken by the user.
B.
Within five days following such discharge the user shall, unless
waived by the Borough Manager, submit a detailed written report describing
the cause(s) 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 incurred as a result of damage to the POTW, natural resources
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 pursuant to this Part.
C.
Failure to notify the Borough Manager of potential problem discharges
shall be deemed a violation of this Part.
D.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a discharge described in Subsection 6A above. Employers
shall ensure that all employees who may cause such a discharge to
occur are advised of the emergency notification procedure.
7.
Reports from Unpermitted Users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Borough Manager as the Borough Manager may require.
8.
Notice of Violation/Repeat Sampling and Reporting. If sampling performed
by a user indicates a violation the user must notify the Borough Manager
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Borough Manager within 30 days after becoming
aware of the violation. The user is not required to resample if the
Borough Manager monitors at the user's facility at least once
a month, or if the Borough Manager samples between the user's
initial sampling and when the user receives the results of this sampling.
9.
Notification of the Discharge of Hazardous Waste. The discharge of
hazardous waste into the sewer system is prohibited.
10.
Analytical Requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR, Part 136, does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
11.
Sample Collection.
A.
Except as indicated in Subsection 11B below, the user must collect
wastewater samples using flow proportional composite collection techniques.
In the event flow proportional sampling is infeasible, the Borough
Manager may authorize he use of time proportional sampling or a minimum
of four grab samples where the user demonstrates that this will provide
a representative sample of the effluent being discharged. In addition,
grab samples may be required to show compliance with instantaneous
discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides
and volatile organic chemicals must be obtained using grab collection
techniques.
12.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed postage prepaid
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
13.
Record Keeping. Users subject to the reporting requirements of this
Part shall retain and make available for inspection and copying all
records of information obtained pursuant to any monitoring activities
required by this Part and any additional records or information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include the date, exact place,
method and time of sampling and the name of the person(s) taking the
samples; dates analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at
least three years. This period shall be automatically extended for
the duration of any litigation concerning the user or the Borough
or where the user has been specifically notified of a longer retention
period by the Superintendent.
[Ord. 639, 12/5/1994, § 8]
1.
Right of Entry; Inspection and Sampling. The Borough Manager shall
have the right to enter the premises of any user to determine whether
the user is complying with all requirements of this Part and any permit
or order issued hereunder. Users shall allow the Borough Manager ready
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying and the performance of any
additional duties.
A.
Where a user has security measures in force which require proper
identification and clearance before entry into its premises the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Borough Manager
will be permitted to enter without delay for the purposes of performing
specific responsibilities.
B.
The Borough Manager shall have the right to set upon on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
C.
The Borough of Manager may require the user to install monitoring
equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated quarterly to ensure
their accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Borough Manager
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
E.
Unreasonable delays in allowing the Borough Manager access to the
user's premises shall be a violation of this Part.
2.
Search Warrants. It the Borough Manager has been refused access to
a building, structure or property or any part thereof and is able
to demonstrate probable cause to believe that there may be a violation
of this Part or that there is a need to inspect and/or sample as part
of a routine inspection and sampling program of the Borough designed
to verify compliance with this Part or any permit or order issued
hereunder or to protect the overall public health, safety and welfare
of the community, then the Borough Manager may seek issuance of a
search and/or seizure warrant from the Berks County Court of Common
Pleas in addition to other rights and remedies available to the Borough.
Refusal of entry shall be decreed probable cause.
[Ord. 639, 12/5/1994, § 9]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits
and monitoring programs and from the Superintendent's inspection
and sampling activities shall be available to the public without restriction
unless the user specifically requests and is able to demonstrate to
the satisfaction of the Superintendent that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets under applicable State law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential 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 immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR § 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
[Ord. 639, 12/5/1994, § 11]
The Borough Manager shall publish annually, in the largest daily
newspaper published in the municipality where the POTW is located,
a list of the users which, during the 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term "significant compliance" shall mean:
A.
Chronic violations of wastewater discharge limits defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount.
B.
Technical Review Criteria (TRC) violations defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2
for all other pollutants except pH).
C.
Any other discharge violation that the Borough Manager believes has
caused, alone or in combination with other discharges, interference
or pass through (including endangering the health of POTW personnel
or the general public).
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge.
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance.
F.
Failure to provide within 30 days after the due date any required
reports including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violation(s) which the Borough Manager determines will
adversely affect the operation or implementation of the local pretreatment
program.
[Ord. 639, 12/5/1994, § 11]
1.
Notice of Violation. When the Borough Manager finds that a user has
violated (or continues to violate) any provision of this Part a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Borough Manager may serve upon that user
a written notice of violation. Within seven days of the receipt of
this notice an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the Superintendent. Submission of
this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this Section shall limit the authority of the Borough Manager to
take any action including emergency actions or any other enforcement
action without first issuing a notice of violation.
2.
Consent Orders. The Borough Manager may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 18-111(4) and (5) of this Part and shall be judicially enforceable.
3.
Show Cause Hearing. The Borough Manager may order a user which has
violated or continues to violate any provision of this Part a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement to appear before the Borough Manager and show
cause why the proposed enforcement action should not be taken. Notice
shall be served on the user specifying the time and place for the
meeting, the proposed enforcement action, the reasons for such action
and a request that the user show cause shy the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days prior to the hearing. Such notice may be served on
any authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
4.
Compliance Order. When the Borough Manager finds that a user has
violated or continues to violate any provision of Part, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement the Borough Manager may issue an order to
the user responsible for the discharge directing that the user come
into compliance within a specified time limit set by the Borough Manager.
If the user does not come into compliance within 15 days after the
end of specified time limit, sewer service shall be discontinued unless
adequate treatment facilities, devices or other related appurtenances
are installed and properly operated. Compliance order may also contain
other requirements to address the noncompliance, including addition
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a Federal pretreatment
standard or requirement nor does a compliance order relieve the user
of liability for any violation including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
5.
Cease and Desist Orders.
A.
When the Borough Manager finds that a user has violated (or continues
to violate) any provision of this Part a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement
or that the user's past violations are likely to recur, the Borough
Manager may issue an order to the user directing it to cease and desist
all such violations and directing the user to:
B.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
6.
Administrative Fines.
A.
When the Borough Manager finds that a user has violated or continues
to violate any provision of this Part a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement
the Borough Manager may fine such user in an amount not to exceed
$1,000. Such fines shall be assess on a per violation, per day basis.
In the case of monthly or other long term average discharge limits,
fines shall be assessed for each day during the period of violation.
B.
Unpaid charges, fines and penalties shall, after 15 calendar days,
be assessed an additional penalty of 10% of the unpaid balance and
interest shall accrue thereafter at a rate of 1 1/4% per month.
A lien against the user's property will be sought for unpaid
charges, fines and penalties.
C.
Users desiring to dispute such fines must file a written request
for the Borough Manager to reconsider the fine along with full payment
of the fine amount within 10 days of being notified of the fine. Where
a request has merit the Borough Manager may convene a hearing on the
matter. In the event the user's appeal is successful the payment,
together with any interest accruing thereto, shall be returned to
the user. The Borough Manager may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
D.
Issuance of an administrative fine shall be not be a bar against,
or a prerequisite for, taking any other action against the user.
7.
Emergency Suspensions.
A.
The Borough Manager may immediately suspend a user's discharge
(after informal notice to the user) whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Borough Manager may also immediately
suspend a user's discharge (after notice and opportunity to respond)
that threatens to interfere with the operation of the POTW or which
presents or may present an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order the Borough manager may take such steps as deemed necessary including immediate severance of the sewer connection to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individual. The Borough Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough Manager that the period of endangerment has passed unless the termination proceedings in § 18-111(8) of this Part are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Borough Manager prior to the date of any show cause or termination hearing under § 18-111(3) and (8) of this Part.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
8.
Termination of Discharge.
A.
In addition to the provisions in § 18-106(6) of this Part, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions.
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(3)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge.
(4)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-111(3) of this Part why the proposed action should not be taken. Exercise of this option by the Borough Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
[Ord. 639, 12/5/1994, § 12; as amended by Ord.
680, 12/28/1998]
1.
Injunctive Relief. When the Borough Manager finds that a user has
violated (or continues to violate) any provision of this Part, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Borough Manager may petition the Berks
County Court of Common Pleas through the Borough Solicitor for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit, order or other requirement imposed by this Part on activities
of the user. The Borough Manager may also seek such other action as
is appropriate for legal and/or equitable relief including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
2.
Civil Penalties.
A.
A user who has violated or continues to violate any provision of
this Part, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement shall be liable
to the Borough for a maximum civil penalty of $25,000 per violation,
per day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation.
B.
The Borough Manager may recover reasonable attorneys' fees,
court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses and the cost of any actual
damages incurred by the Borough.
C.
Any user who disputes the amount of penalty being imposed under this
Section has the right to appeal that decision within 20 days from
the date that the penalty is mailed by the Borough to the user. The
appeal must be set forth in writing and contain all bases for the
appeal, with a separate paragraph being used for each separate and
distinct appeal issue. The appeal shall be verified by the user. (If
the user is a corporation, the verification must be by a corporate
officer.) The user must file, concurrent with the actual appeal, a
$500 deposit which will be used by the Borough to cover cost of the
stenographic record, together with any other miscellaneous costs incurred
by the Borough in setting up and conducting the hearing. Any sums
not used shall be returned to the user.
D.
Within 30 days after receiving the written notice of appeal the Borough
shall hold a hearing, to be held before no less than a majority of
Borough Council. The burden of going forward with the appeal will
be on the user with the standard of review being whether the Borough
abused its discretion in imposing the penalty. Rules of evidence consistent
with those used in the Berks County Court of Common Pleas for arbitration
shall apply, unless the parties otherwise stipulate in writing. The
hearing will be stenographically recorded by a court reporter selected
by the Borough.
E.
At the conclusion of the hearing, proposed findings of fact and conclusions
of law may be requested. A decision by no less than a majority of
Borough Council hearing the appeal shall be submitted in writing within
20 days from the date that the hearing is concluded.
F.
If the user is successful in the appeal, the decision of the Borough
Council shall be final. If the appeal by the user is denied, the user
may appeal to the Berks County Court of Common Pleas within 30 days
from the date that the decision is mailed by the Borough to the user.
The standard for review will be whether the Borough Council abused
its discretion in making its decision on the appeal.
G.
In determining the amount of civil penalties as hereinabove set forth,
the Borough shall take into account relevant factors surrounding the
violation including, but not limited to, the extent of harm caused
by the violation, the magnitude and duration, any economic benefit
gained through the user's violation, corrective action taken
by the user, the compliance history of the user, cooperation of the
user with the Borough and others in rectifying the violation, the
manner in which the violation occurred, including a determination
as to whether the violation was accidental or intentional.
H.
Filing a suit for civil penalties shall not be a bar against, or
prerequisite for, taking any other action against a user.
3.
Criminal Prosecution.
A.
A user who has willfully violated any provision of this Part, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction thereof, be sentenced
to pay a fine not more than $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days or both.
B.
A user who has willfully introduced any substance into the POTW which
causes personal injury or property damage shall, upon conviction thereof,
be sentenced to pay a fine not more than $1,000 plus costs and, in
default of payment of said fine and costs, to imprisonment for a term
not to exceed 30 days.
C.
A user who knowingly made any false statement, representation or
certification in any application, record, report, plan or other documentation
filed or required to be maintained, pursuant to this Part, wastewater
discharge permit, or order issued hereunder or who falsified, tampered
with or knowingly rendered inaccurate any monitoring device or method
required under this Part shall, upon conviction, be sentenced to pay
a fine not more than $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days or both.
4.
Remedies Nonexclusive. The remedies provided for in this Part are
not exclusive. The Borough Manager may take any, all or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the Borough's
enforcement response plan. However, the Borough Manager may take other
action against any user when the circumstances warrant. Further, the
Borough Manager is empowered to take more than one enforcement action
against any noncompliant user. These actions may be taken concurrently.
[Ord. 639, 12/5/1994, § 13]
1.
Performance Bonds. The Borough Manager may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this Part, a previous wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement
unless such user first files a satisfactory bond, payable to the Borough,
in a sum not to exceed a value determined by the Borough Manager to
be necessary to achieve consistent compliance.
2.
Liability Insurance. The Borough Manager may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this Part, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
3.
Water Supply Severance. Whenever a user has violated or continues
to violate any provision of this Part, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated
its ability to comply.
4.
Contractor Listing. Users which have not achieved compliance with
applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Borough. Existing contracts for the sale of goods or services
to the Borough held by a user found to be in significant noncompliance
with pretreatment standards or requirements may be terminated at the
discretion of the Superintendent.
[Ord. 639, 12/5/1994, § 14]
1.
Upset.
A.
For the purposes of this Section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance or
careless or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought
for noncompliance with categorical pretreatment standards if the requirements
of Subsection 1C are met.
C.
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs
or other relevant evidence that:
(1)
An upset occurred and the user can identify the cause(s) of
the upset.
(2)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
(3)
The user has submitted the following information to the Borough
Manager and treatment plant operator within 24 hours of becoming aware
of the upset (if this information is provided orally, a written submission
must be provided within five days).
(a)
A description of the indirect discharge and cause of noncompliance.
(b)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue.
(c)
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
D.
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
E.
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
F.
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost
or fails.
2.
Prohibited Discharge Standards. A user shall have an affirmative
defense to an enforcement action brought against it for noncompliance
with the general prohibitions in § 18-102(1)(B)(3) of this
Part or the specific prohibitions in § 18-102(1)(A) of this
Part if it can prove that it did not know or have reason to know that
its discharge, alone or in conjunction with discharges from other
sources, would cause pass through or interference and that either:
(A) a local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and during, the
pass through or interference; or (B) no local limit exists but the
discharge did not change substantially in nature or constituents from
the user's prior discharge when the Borough was regularly in
compliance with its NPDES permit and in the case of interference was
in compliance with applicable sludge use or disposal requirements.
3.
Bypass.
A.
For the purposes of this Section:
(1)
"Bypass" means the intentional diversion of wastestreams from
any portion of a user's treatment facility.
(2)
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
be inoperable or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
B.
A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated but only if it also is for
essential maintenance to assure efficient operation. These bypasses
are not subject to the provision of Subsections 3C and D of this section.
C.
If a user knows in advance of the need for a bypass, it shall submit
prior notice to the Superintendent at least 10 days before the date
of the bypass if possible. A user shall submit oral notice to the
Borough Manager of an unanticipated bypass that exceeds applicable
pretreatment standards within 24 hours from the time it becomes aware
of the bypass. A written submission shall also be provided within
five days of the time the user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass. The Borough Manager may waive the written
report on a case-by-case basis if the oral report has been received
within 24 hours.
D.
Bypass is prohibited and the Borough Manager may take an enforcement
action against a user for a bypass, unless:
(1)
Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage.
(2)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance.
[Ord. 639, 12/5/1994, § 15]
1.
Sewer Rentals and User Charges. Sewer rentals and charges are hereby
imposed upon and shall be collected from the owner of each improved
property which shall be connected to the sewer system, for use of
the sewer system whether each use shall be direct or indirect, which
sewer rentals and charges shall commence and shall be effective as
of the date of connection of each such improved property to the sewer
system.
2.
Computation of Sewer Rentals or Charges.
A.
Metered Service.
(1)
Except upon special permission granted by the Borough and upon
good cause shown, each improved property, including industrial establishments,
shall be required to have installed a sewage meter, or in lieu thereof,
any other measuring device approved by the Borough, for the purpose
of computing sewer rentals or charges hereunder.
(2)
Except as otherwise provided in this Part, sewer rentals and
charges for domestic waste and industrial wastes discharged into the
sewer system from any improved property, including industrial establishments,
shall be based upon volume of water usage, adjusted, if appropriate,
as provided in this Part, where the volume of water usage is metered.
(3)
Sewer rentals and charges for domestic waste and industrial
wastes discharged into the sewer system from any improved property
may be based upon actual metered volume of discharge as permitted
in this Part.
(4)
In any of the foregoing cases, such sewer rentals and charges
shall be computed in accordance with the following metered rate schedule.
B.
Nonmetered Service. Sewer rentals and charges for domestic waste
and industrial wastes discharged into the sewer system from any improved
property when the volume of water usage is not metered and when the
actual volume of discharge is not metered as permitted in this Part,
shall be computed in accordance with the metered rate schedule provided
herein and based upon an estimate by the Borough of the sewage discharge
of said improved property or billing unit.
C.
Sewer Rentals and Charges During Emergencies. Where, due to emergencies
caused by flood, fire or other catastrophe or season of the year,
it is necessary for consumers of the Borough or of sections of the
Borough to use unusually large amounts of water, the Borough Council
may, by resolution, direct that sewer rentals in the Borough, or a
specified section of the Borough, for the quarter in which the flood,
fire, season or other catastrophe occurs, shall be based upon the
amount charged for water in the previous quarter or the same quarter
in the previous year; provided, that no customer shall be charged
an amount in excess of what the charge would have been had this resolution
not been enacted, shall be billed.
D.
In the event of meter failure, an average of the past four quarter
charges shall be billed.
3.
Time and Method of Payment.
A.
Sewer rentals or charges imposed by this Part shall be payable quarterly.
In the case of an owner of improved property whose quarterly bill
for sewer rentals or charges shall be computed in whole or in part
upon the basis of water volume usage metered in connection with the
operation of the water system, the quarterly billing date shall be
the same date as shall be applicable for billing in connection with
the water system. Such bill for sewer rentals or charges shall cover
services furnished during the three months immediately preceding the
billing date. In the case of an owner of improved property whose quarterly
bill for sewer rentals or charges shall be computed on any basis completely
independent of water volume usage metered in connection with the operation
of the water system, the quarterly billing dates shall be the first
days of January, April, July and October, respectively, in each year
and, to the except practicable, shall cover services furnished during
the three calendar months immediately preceding the billing date.
B.
Sewer rentals or charges shall be due and payable upon the applicable
billing date as provided for in Subsection 3A above and the appropriate
amount computed in accordance with this Part shall constitute the
net bill. If sewer rentals or charges are not paid within 30 calendar
days after each billing date, an additional sum of 10% for every month
that said charge remains unpaid shall be added to such net bill, which
net bill, plus such additional sum, shall constitute the gross bill.
Payment made or mailed and postmarked on or before the last day of
such 30 calendar day period shall constitute payment within such period.
If the end of such 30 calendar day period shall fall on a legal holiday
or a Sunday, payment made or mailed and postmarked on the next succeeding
weekday which is not a legal holiday shall constitute payment within
such period.
C.
Whenever service to any billing unit shall begin after the first
day or shall terminate before the last day of any quarterly billing
period, sewer rentals or charges for such period shall be prorated
equitably, if appropriate, for that portion of the quarterly billing
period during which such billing unit was served by the sewer system.
D.
Every owner of improved property which is connected to the sewer
system initially shall provide the Borough with and thereafter shall
keep the Borough advised of his correct address. Failure of any person
to receive quarterly bills for sewer rentals or charges shall not
be considered an excuse for nonpayment nor shall such failure result
in an extension of the period of time during which such bill shall
be payable without penalty.
4.
Liens for Sewer Rentals or Charges. The sewer rentals or charges
hereby imposed shall be a lien on the improved property connected
to and served by the sewer system from the date such sewer rental
or charge becomes due and payable under provisions of this Part; and
all sewer rentals or charges hereby imposed which shall not be paid
within 30 days after the same become due and payable shall be entered
as a lien against the improved property so connected to and served
by the sewer system, which lien shall be filed in the office of the
Prothonotary of Berks County, Pennsylvania, in the manner provided
by law for the filing of municipal claims. All delinquent bills shall
be collected by the Borough in any manner permitted and authorized
by law.
[Ord. 639, 12/5/1994, § 16]
The Borough may adopt reasonable fees for reimbursement of costs
of setting up and operating the Borough's pretreatment program
which may include:
A.
Fees for wastewater discharge permit applications, including the
cost of processing such applications.
B.
Fees for monitoring, inspection and surveillance procedures, including
the cost of collection and analyzing a user's discharge, and
reviewing monitoring reports submitted by users.
C.
Fees for reviewing and responding to accidental discharge procedures
and construction.
D.
Fees for filing appeals.
E.
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, fines and penalties
chargeable by the Borough.
[Ord. 639, 12/5/1994, § 17]
1.
Industrial Waste Surcharges. There shall be additional charges for
industrial wastes having concentrations of BOD, suspended solids and
dissolved solids in excess of the average concentration of these pollutants
in normal domestic waste. Normal domestic waste shall be considered
has having the following concentrations:
2.
Surcharge Formula.
A.
In order to determine the additional charge for industrial wastes
with strength greater than that of domestic waste, the following formula
shall be used:
SQ = 0.00834 QI [(BODI — 300) TCBOD + (SSI — 350) TCSS + (DSI — 500) TCDS]
|
B.
Where:
(1)
SQ is the quarterly surcharge to be added
to the normal sewer rent.
(2)
0.00834 is a constant to convert waste concentrations expressed
in mg/l to thousands of pounds of waste.
(3)
QI is the quarterly industrial waste
flow expressed in million gallons.
(4)
BODI, SSI and
DSI are the respective concentrations of BOD5, suspended solids and dissolved solids of the industrial
waste expressed in mg/l.
(5)
Three hundred, 350, and 500 are constants which express the
waste load concentrations in mg/l for normal domestic wastes.
(6)
TCBOD is the treatment cost incurred
by the Borough as updated annually per 1,000 pounds of BOD.
(7)
TCSS is the treatment cost incurred by
the Borough as updated annually per 1,000 pounds of suspended solids.
(8)
TCDS is the treatment cost incurred by
the Borough as updated annually per 1,000 pounds of dissolved solids.
C.
When a value of BOD, suspended solids and/or dissolved solids is
less than the maximum allowable concentration set forth in the industrial
waste surcharge formula, then the maximum allowable concentration
shall be used in the calculation of the industrial waste surcharge.
3.
Additional Surcharges. The formula specified in § 18-117(2) of this Part is to determine additional charges or surcharges for the treatment of industrial wastes having concentrations of BOD, suspended solids and dissolved solids in excess of those of domestic waste. It is, however, recognized that the discharge of any waste or other matter which contains any one or more of the prohibited substances listed in this Part may result in extraordinary laboratory, labor, maintenance and/or treatment expenses to the Borough. Hence, in the event of the discharge of any industrial waste or other matter or substance containing any one of the prohibited substances listed in this Part, the Borough shall have the power to bill the owner of the property from which such discharge is made an additional surcharge of $300. Each day that such discharge is made shall result in a separate $300 additional surcharge. This $300 charge shall be in addition to the normal sewer rental and/or any industrial waste surcharge as incurred under § 18-117(2) of this Part.
4.
Methods of Pavement of Extra Charges by Industrial Users. The industrial
waste surcharge shall be payable quarterly. The Borough shall cause
the water meter of each industrial user where the wastewater flow
determination is based upon metered water consumption and the wastewater
meter where the wastewater flow determination is based upon wastewater
flow measurement, to be read on a quarterly basis and the Borough
shall cause industrial waste surcharge bills to be mailed forthwith
following each reading.
A.
The Borough shall cause periodic sampling of the wastewater discharged by each industrial user in accordance with § 18-118(1) of this Part.
B.
Bills for industrial waste surcharge shall be mailed to the owner's
address specified on the industrial waste permit. Failure to receive
a bill as a result of incorrect address or otherwise shall not excuse
nonpayment of charges or extend the time for payment.
5.
New Industrial Users. A new industrial user is one which connects
to the treatment works after the effective date of this Part. Industrial
waste surcharge payments by a new industrial user shall begin on the
date treatment works use is initiated and continue indefinitely.
6.
Discontinuance of Use. If an industrial user discontinues use of
the treatment works, its payment for industrial waste surcharges shall
cease.
7.
Administrative Appeal Procedure; Hearing Board.
A.
Industrial users may appeal the reasonableness of the allocations
and industrial waste surcharge assessments imposed upon them. Industrial
users making such an appeal shall so notify the Borough in writing.
A hearing board shall be appointed and an administrative hearing shall
then be conducted. The industrial user shall be given the opportunity
to present evidence and testimony before the board supporting its
appeal.
B.
The board shall consist of three members of the Borough Council to
be selected by majority vote of the Borough Council.
[Ord. 639, 12/5/1994, § 18]
1.
Industrial Waste Sampling.
A.
Industrial wastes being discharged into the sewer system shall be subject to sampling and inspection to be used as a basis for determining additional charges due to excessive concentrations of BOD, suspended solids and/or substances prohibited in § 18-102 of this Part. Such sampling and inspection shall be made by the Borough as frequently as may be deemed necessary. The analysis of the sample so obtained shall be the basis for computing additional charges in accordance with § 18-117(4) of this Part. The cost of such sampling (but not testing thereof) shall be borne by the Borough. The cost of testing said sample shall be borne by the user.
B.
The industry may request that samples be taken in addition to the
samples taken by the Borough. The cost of making this collection and
analysis shall be borne by the owner.
C.
Samples and the analysis of samples shall be made in accordance with
the latest edition of "Standard Methods for the Examination of Water
and Sewage" published by the American Public Health Association.
2.
Control Manhole. When required by the Borough, the owner of any property
discharging industrial waste into the sewer system shall install a
suitable control manhole together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling
and measurement of the waste. Such manhole, when required, shall be
accessible and safely located and shall be constructed in accordance
with plans approved by the Borough. The manhole shall be installed
by the property owner, at his expense, and shall be maintained by
him so as to be safe and accessible at all times.
[Ord. 639, 12/5/1994, § 19]
1.
Whenever a person purchasing his entire water supply from a water
purveyor discharges only industrial waste into the sewer system, the
volume of water purchased may be used as a measure of the quantity
of industrial waste discharged.
2.
Whenever a person purchasing his entire water supply from a water
purveyor discharges combined domestic waste and industrial waste into
the sewer system, the volume of water purchased chargeable as industrial
waste shall be the total volume of water purchased less the volume
determined to be domestic waste. The domestic waste shall be determined
by the Borough in either of the following two ways:
3.
Whenever a person purchasing his entire water supply from a water
purveyor and discharging industrial waste into the sewer system also
discharges unpolluted cooling water to either a separate storm sewer
or other approved outlet, an allowance for the amount of water so
discharged shall be made in computing the sewer charges. The person
so discharging cooling water shall, at his own expense, install a
meter or meters, as required, to indicate accurately and to the satisfaction
of the Borough the amount of water claimed as a credit.
4.
The Borough shall be responsible for the reading of water and/or
sewage meters when installed in industrial establishments within its
jurisdiction. All meters shall be installed at a location approved
by the Borough. All meters shall be accessible to the Borough at all
times.
[Ord. 639, 12/5/1994, § 20]
The Borough shall have the right of access to any part of any
improved property served by the POTW as shall be required for purposes
of inspection, measurement, sampling and testing and for performance
of other functions relating to service rendered by the Borough through
the POTW.