[Ord. 553, 11/4/1985, § 449.01; as amended by Ord.
611, 6/1/1992, § 1]
Unless the context specifically indicates otherwise, as used
in this Part, certain terms are defined as follows:
Any waste having 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.
The Director in an NPDES state with an approved state pretreatment
program and the Administrator of the EPA in a nonNPDES state or NPDES
state without an approved state pretreatment program. On the date
of enactment of this Part, Pennsylvania does not have an approved
state pretreatment program.
The Hamburg Municipal Authority, or in appropriate case,
acting by and through its authorized representatives.
A principal executive officer of at least the level of vice
president if the industrial user is a corporation.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the discharge originates.
The quantity of oxygen, expressed in mg/l, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure for five days at 20° C. The standard laboratory procedure
shall be that found in the latest edition of "Standard Methods for
the Examination of Water and Sewage" published by the American Public
Health Association.
The Borough of Hamburg or the Borough Council of Hamburg.
The extension of the building drain from the curb line or
property line to the public sewer or other place of disposal.
National Categorical Pretreatment Standards or pretreatment
standard.
The quantity of chlorine absorbed in water, sewage or other
liquids allowing a residual of 0.1 ppm after 15 minutes of contact.
The color of the light transmitted by the waste solution
after removing the suspended material including the pseudocolloidal
particles.
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 "approval authority," defined hereinabove, or the Borough
of Hamburg when it has an approved pretreatment program under the
provisions of 40 CFR § 603.11.
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 term may also be used as a designation for the Administrator 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
dwelling units (EDU's) assigned to a residential dwelling unit,
regardless of water consumption, is one. 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 one.
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 waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
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 discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) or (c) of the Act
(33 U.S.C. § 1317) into the POTW (including holding tank
waste discharged into the system).
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 indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to § 402
of the Act (33 U.S.C. § 1342).
Any liquid or gaseous substance, whether or not solids are
contained therein, discharged from any industrial establishment during
the course of any industrial, manufacturing, trade or business process
or in the course of the development, recovery or processing of natural
resources, as distinct from sanitary sewage.
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 inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the NPDES permit. The term includes prevention of sewage sludge
use or disposal by the POTW in accordance with § 405 of
the Act (33 U.S.C. § 1345) or any criteria, guidelines or
regulations developed pursuant to the Solid Waste Disposal Act (SWDA),
the Clean Air Act, the Toxic Substances Control Act or more stringent
State criteria (including those contained in any State sludge management
plan prepared pursuant to Title IV of SWDA) applicable to the method
of disposal or use employed by the POTW.
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.
Is permissive; "shall" is mandatory.
Milligrams per liter and is 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 § 402 of the Act (33 U.S.C. § 1342).
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR § 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing § 307(c)
(33 U.S.C. § 1317) categorical pretreatment standard which
will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, a
new source means any source, the construction of which is commenced
after the date of promulgation of the standard.
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 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.
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, successors or assigns. The masculine gender shall include
the feminine, the singular shall include the plural where indicated
by the context.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution, indicating the degree of acidity
or alkalinity of a substance. A stabilized pH shall be considered
as a pH which does not change beyond the specific limits when the
waste is subjected to aeration. It shall be determined by one of the
accepted methods described in the latest edition of "Standard Methods
of Examination of Water and Sewage" published by the American Public
Health Association.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharge equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The manmade or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes or process changes other means, except as prohibited by
40 CFR § 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National pretreatment standard imposed on an industrial
user.
A treatment works as defined by § 212 of the Act
(33 U.S.C. § 1292). This definition includes any sewers
that convey wastewater to the POTW treatment plant, but does not include
pipes, sewers, pumping stations, force mains or other conveyances
not connected to a facility providing treatment. For the purposes
of this Part, POTW shall also include any sewers that convey wastewaters
to the POTW.
That portion of the POTW designed to provide treatment to
wastewater.
The Schuylkill River.
Any pipe or conduit constituting a part of the sewer system,
or usable for sewage collection purposes.
Is mandatory; "may" is permissive.
Any industrial user of the Borough's wastewater disposal
system which constitutes any CIU (Categorical Industrial User) as
that term is defined by the United States Environmental Protection
Agency in its rules and regulations, as may be amended; and any other
IU (Industrial User) which:
Discharges 25,000 gallons or more of process wastewater per
day.
Contributes a process wastewater which makes up 5% or more of
the dry weather average hydraulic or organic capacity at the WWTP.
Is designated as such by the Borough on the basis that it has
a reasonable potential for adversely affecting thee POTW's operation
or for violating a pretreatment standard or requirement.
Any pollutant, including oxygen demanding pollutants, released
in a discharge in a flow rate and/or pollutant concentration which
causes interference with the POTW.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
That portion of precipitation which runs off over the surface
during a storm and for a short period following a storm, enters the
sewer system.
The person designated to supervise the operation of the publicly
owned treatment works and who is charged with certain duties and responsibilities
by this Part, or his duly authorized representative.
That portion of the precipitation which runs off over the
surface of the ground.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids.
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.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307(a) or other Acts.
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.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together which may be present, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or 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 following abbreviations shall have the designated meanings:
|
BOD
|
—
|
Biochemical oxygen demand
| |
|
CFR
|
—
|
Code of Federal Regulations
| |
|
COD
|
—
|
Chemical oxygen demand
| |
|
CWA
|
—
|
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
| |
|
EPA
|
—
|
Environmental Protection Agency
| |
|
L
|
—
|
Liter
| |
|
Mg
|
—
|
Milligrams
| |
|
mg/l
|
—
|
Milligrams per liter
| |
|
NPDES
|
—
|
National Pollutant Discharge Elimination System
| |
|
POTW
|
—
|
Publicly owned treatment works
| |
|
SIC
|
—
|
Standard Industrial Classification
| |
|
SWDA
|
—
|
Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.
| |
|
TSS
|
—
|
Total suspended solids
| |
|
USC
|
—
|
United States Code
|
[Ord. 553, 11/4/1985, § 449.02]
There is hereby imposed a minimum connection fee of $100 for
each connection to be made to the sewer system at the curb or property
line or the connection fee is based upon cost if the connection cost
exceeds $100.
[Ord. 553, 11/4/1985, § 449.02]
Any person discharging any waste which, in the judgment of the
Borough, causes any extraordinary maintenance expenses in the form
of damage to the system or biological processes 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. 553, 11/4/1985, § 449.02]
Anything herein contained to the contrary notwithstanding and
with the written consent of the Authority:
A.
The Borough may enter into agreements with the Authority under which
the Authority will agree to construct sewer extension lines and lease
them to the Borough for a fixed rental, to be paid by the Borough
out of the sewer connection charges and sewer rentals collected from
the users thereof under the provisions of this Part, sufficient to
reimburse the Authority within a specified period for the cost, including
interest of such extension, whenever such extension requires the borrowing
of additional capital.
B.
The Borough may enter into agreements providing for the deposit of
property owners with the Borough or the Authority of all or a part
of the cost of installing sewer extension lines, the installation
of such lines by the Borough or the Authority and the subsequent refund
over a period of time to the depositor of all or a part of said deposit
but out of the revenues derived by the Borough from the use of said
sewer extension lines.
C.
The Borough may enter into agreements with property owners waiving or refunding the connection fees imposed by § 18-201 above and also waiving or refunding for a period to be specified in such agreement, which period shall not exceed 10 years from the date that sewer service becomes available, a portion of the sewer rentals imposed upon the owner of any property within the Borough, who, at his sole cost and expense, installs a sewer main or mains connecting laterals from his property with the sewer system constructed by the Hamburg Municipal Authority; provided, that (1) such sewer main or mains shall be installed in such a manner and of such materials as shall be approved in writing by the consulting engineer and (2) title to such sewer main or mains shall be transferred to the Hamburg Municipal Authority.
[Ord. 553, 11/4/1985, § 449.02]
1.
As from time to time sewer service becomes available to additional
properties within the Borough by reason of improvement of properties
abutting on or adjoining any street, alley, lane or other public highway
in which there is a sewer or by reason of the extension of the sewer
system so as to make sewer service available to additional improved
properties, each and every owner of such additional property shall
likewise be required to connect his, her or its premises with the
sewer system but only upon receipt of due notice from the Borough
to so connect.
2.
The notice by this Borough to make a connection to a sewer shall
consist of a written or printed document requiring the connection
in accordance with the provisions of this Part and specifying that
such connection shall be made within 45 days from the date such notice
is given. Such notice may be given at any time after a sewer is in
place which can receive and convey sanitary sewage and industrial
wastes for treatment and disposal from the particular improved property.
Such notice shall be served upon the owner either by personal service
or by certified mail or by such other method as at the time may be
provided by law.
[Ord. 553, 11/4/1985, § 449.02]
If, after the expiration of 45 days from the date of notice given pursuant to § 18-205 of this Part any owner of improved property abutting on or adjoining any street, alley, lane or other public highway in which there is a sewer shall have failed to connect with the sewer system, the Borough or its agents may enter upon the property of such owner and make such connection. In such case, the Borough shall, upon completion of the work, send an itemized bill of the cost of construction of such connection to the owner of the property to which connection has so been made, which bill shall be payable forthwith and in case of the neglect or refusal of the owner of said property to pay said bill, the Borough may collect the same by an action in assumpsit or the Borough may file a municipal lien for such construction within six months of the date of the completion of the construction of said connections, the same to be the subject in all respects to the general laws providing for filing and recovery of municipal liens.
[Ord. 553, 11/4/1985, § 449.02]
Failure to connect within the time limit constitutes a violation. If, after the expiration of 45 days from the date of the notice given pursuant to § 18-205 of this Part, any owner shall have failed to connect his, her or its property with the sewer system as required by this Part, such failure shall be and is hereby declared a violation of this Part.
[Ord. 553, 11/4/1985, § 449.02]
It shall be unlawful for any person, firm or corporation to
erect, construct, own, maintain, operate or use within the Borough
a privy, cesspool, septic tank or similar receptacle for receiving
sewage, upon any property now or hereafter improved which abuts on
or adjoins any street, alley, lane or other public highway in which
sewer service is available by virtue of a service of the sewer system;
or to connect any privy, cesspool, septic tank or receptacle on any
such property with the sewer system; or to discharge sewage into any
pipe or other outlet leading from any such property and not connected
to the sewer system.
[Ord. 553, 11/4/1985, § 449.02]
1.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or any part of the sewer
system without first obtaining a written permit from the Borough.
Application for a permit shall be made by the owner of the improved
property served or to be served.
2.
No person shall make or cause to be made a connection of any improved
property with a sewer until such person shall have fulfilled each
of the following conditions:
A.
Such person shall have notified the Secretary of the Borough of the
desire and intention to connect to a sewer.
B.
Such person shall have applied for and obtained a written permit.
C.
Such person shall have given the Secretary of the Borough at least
24 hours notice of the time when such connection will be made so that
this Borough may supervise and inspect the work of connection and
necessary testing.
D.
Such person shall have furnished satisfactory evidence to the Secretary
of the Borough that any tapping fee charged and imposed by the Authority
against the owner of each improved property who connects such improved
property to a sewer has been paid.
3.
Except as otherwise provided in this Section, each improved property
shall be connected separately and independently with a sewer through
a building sewer. Grouping of more than one improved property on one
building sewer shall not be permitted except under special circumstances
and for good sanitary reasons or other good cause shown and then only
after special permission of the Borough, in writing, shall have been
secured and subject to such rules, regulations and conditions as may
be prescribed by the Borough.
4.
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a sewer, including
testing, shall be borne by the owner of the improved property to be
connected and such owner shall indemnify and save harmless the Borough
and Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of a building or of connection of a building
to a sewer.
5.
A building sewer shall be connected to a sewer at the place designated
by the Borough and where the lateral is provided. The invert of a
building sewer at the point of connection shall be at the same or
higher elevation than the invert of the sewer. A smooth, neat joint
shall be made and the connection of a building sewer to the lateral
shall be made secure and watertight.
6.
When connecting a building sewer to a sewer, a "U" trap must be located
within two feet of the end of the lateral. The end of the lateral
first must be uncovered, inspected and checked for proper gradient
from the improved property to the lateral before trenching operations
are commenced for the building sewer.
7.
Every building sewer shall be of ductile iron, cast iron or vitreous
clay pipe, at least four inches inside diameter, and with crushing
strength and sufficient to withstand the applied trench loads. The
slope of the building sewer shall not be less than 1/4 inch per foot
of length. Building sewers shall be properly bedded and covered by
no less than four feet of backfill.
[Ord. 553, 11/4/1985, § 449.02]
1.
Where an improved property, at the time connection to a sewer is
required, shall be sewered by its own sewage disposal system or device,
the existing house sewer line shall be broken on the structure side
of such sewage disposal system or device and attachment shall be made,
with proper fittings, to continue such house sewer line as a building
sewer.
2.
No building sewer shall be covered until it has been inspected and
approved by the Borough. If any part of a building sewer is covered
before so being inspected and approved, it shall be uncovered for
inspection at the cost and expense of the owner of the improved property
to be connected to a sewer.
3.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
4.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building sewer shall be restored at
the cost and expense of the owner of the improved property being connected
in a manner satisfactory to the Borough.
5.
If any person shall fail or refuse, upon receipt of written notice
from the Borough, to remedy any unsatisfactory condition with respect
to a building sewer, within 10 working days of receipt of such notice,
the Borough may refuse to permit such person to discharge sanitary
sewage and industrial wastes into the sewer system until such unsatisfactory
condition shall have been remedied to the satisfaction of the Borough.
6.
The Borough reserves the right to adopt, from time to time, additional
rules and regulations as it shall deem necessary and proper relating
to connections with a sewer and the sewer system, which additional
rules and regulations, to the extent appropriate, shall be and shall
be construed as a part of this Part.
[Ord. 553, 11/4/1985, § 449.02]
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.
[Ord. 553, 11/4/1985, § 449.02; as amended by Ord.
565, 12/29/1986, § 1; by Ord. 575, 12/29/1987, § 1;
and by Ord. 622, 11/1/1993, § 1]
1.
Metered Service.
A.
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 the Borough, for the purpose of
computing sewer rental or charges hereunder.
B.
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.
C.
Sewer rentals and charges for domestic waste and industrial wastes
discharged into the sewer system from any improved property may be
used upon actual metered volume of discharge, as permitted in this
Part.
D.
In any of the following cases, such sewer rentals and charges shall
be computed in accordance with the following metered rate schedule:
|
Per Quarter Annum Water Consumption of Metered Waste Discharge
|
Per Quarter Annum or Adjusted Equivalent for Sewer Service Period
Other than Quarter Annum
| |
|
First 1,500 cubic feet or less 6,000 total cubic feet per annum
|
$35.00 $140.00
| |
|
Each 250 cubic feet in excess of 1,500 per quarter
|
$7.50 per 250 cubic feet
| |
|
Each 1,000 cubic feet per annum in excess of 6,000 cubic feet
per annum
|
$30.00 per 1,000 cubic feet
|
E.
Sewer rentals as hereinabove set forth, though determined quarterly,
shall be adjusted at the end of each billing year, so that if total
use is under 6,000 cubic feet per annum no excess charges shall be
assessed. The Borough Secretary is directed to credit for the next
applicable billing quarter any charges based or quarterly excessive
use (over 1,500 cubic feet/annum) if the annual usage is 6,000 feet
or less.
2.
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.
3.
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.
[Ord. 553, 11/4/1985, § 449.02]
1.
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 extent practicable, shall cover services furnished during
the three calendar months immediately preceding the billing date.
2.
Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in Subsection 1 of this section 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 thirty-day period shall fall on a legal holiday or a Sunday, payment made or mailed and postmarked on the next succeeding week day which is not a legal holiday shall constitute payment within such period.
3.
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.
4.
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.
[Ord. 553, 11/4/1985, § 449.02]
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 60 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. 553, 11/4/1985, § 449.03; as amended by Ord.
611, 6/1/1992, §§ 2, 3]
1.
All domestic waste and authorized industrial waste may be discharged
into the treatment works except those which are deemed harmful to
the system or are specifically prohibited by this Part or are otherwise
prohibited under the laws of the Commonwealth of Pennsylvania and
the U.S. Environmental Protection Agency.
2.
All connections to the treatment works which would result in the
discharge of infiltration or inflow into such system are hereby specifically
prohibited.
3.
No person shall discharge or cause to be discharged any stormwater,
surface water, ground water, roof runoff, subsurface drainage, uncontaminated
cooling water or unpolluted industrial process waters to the POTW.
Where existing surface water or roof drains are connected to the treatment
works they shall be removed within 90 days of receipt of a notice
from the Borough to remove such connections. In the event such connection
is not removed, the Borough shall cause such connection to be removed
at the owner's expense.
4.
No person shall discharge or cause to be discharged into the POTW
the effluent from any sump pump or any other type of pump which pumps
any stormwater, surface water, ground water, roof runoff, subsurface
drainage, basement drainage, uncontaminated cooling water or unpolluted
industrial process waters into any sanitary sewer. Where such conditions
exist, they shall be remedied in a manner approved by the Borough
within 90 days of receipt of a notice from the Borough. In the event
such conditions are not remedied, the Borough shall cause such condition
to be remedied at the owner's expense.
5.
The Borough shall have the power to require the installation of grease
separators in building sewers serving hotels, restaurants and other
facilities likely, in the judgment of the Borough, to discharge significant
quantities of oil and grease into the POTW.
6.
Except as otherwise provided, no person shall discharge or cause
to be discharged into the POTW any domestic waste, industrial waste
or other matter or substance:
A.
Containing more than 100 mg/l by weight of fats, oils or greases.
B.
Containing any flammable or explosive liquids, solids or gases, including,
but not limited to: gasoline, benzene, naphtha, fuel oil, paint products,
acid, base, gasoline, kerosene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides, sulfides, phenols, cyanide or arsenic.
C.
Containing any noxious or malodorous gas or substance, which either
singly or by interaction with other wastes, is capable of creating
a public nuisance or hazard to life or preventing entry into sewers
for their maintenance and repair.
D.
Containing garbage that has not been ground to such a degree that
all particles shall be carried freely in suspension under flow conditions
normally prevailing in the public sewers.
E.
Containing any solid or viscous substances in quantities or of size
capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the POTW. Such substances include, but
are not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, bones, rags, feathers, tar, plastic, wood, paunch manure, butchers
offal, whole blood, bentonite, lye, building materials, rubber, hair,
leather, porcelain, china, ceramic wastes, asphalt, paint, waxes or
any other solids or viscous substances capable of causing obstruction
to the flow in the sewer system or other interference with the proper
operation of the sewer system or the POTW.
F.
Having a pH, stabilized, lower than 6.0 or higher than 9.5, or having
any corrosive or scale forming property capable of causing damage
or hazards to structures, equipment, bacterial action or personnel
of the sewer system of the POTW.
G.
Containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage treatment process, to constitute
a hazard to humans or animals or to create any hazard in the receiving
stream of the POTW; limiting the mg/l of the following ions in the
discharges into the sanitary sewer system as follows:
|
POLLUTANT — TOTAL CONCENTRATE
(mg/l)
| ||
|---|---|---|
|
Cadmium
|
0.03
| |
|
Chromium
|
0.76
| |
|
Copper
|
0.61
| |
|
Cyanide
|
0.58
| |
|
Lead
|
0.70
| |
|
Mercury
|
0.01
| |
|
Nickel
|
0.38
| |
|
Silver
|
1.64
| |
|
Zinc
|
0.46
| |
|
Phenol
|
0.50
| |
|
Arsenic
|
0.70
| |
|
Beryllium
|
1.00
| |
|
Selenium
|
1.00
| |
|
Chloroform
|
0.02
| |
|
Tin
|
2.00
| |
|
Iron
|
5.00
| |
|
Bisulfite
|
0.50
| |
H.
Containing total solids of such character and quantity that unusual
attention or expense is required to handle such materials at the POTW,
except as may be approved by the Borough or as otherwise provided
herein.
I.
Containing color from any source that when diluted with distilled
water 1:10 shall have a luminescence of 90 or better and a purity
of 10% or less, at its dominant wave length by the tristimulus method
and any wastewater with objectionable color not removed in the treatment
process.
J.
Having a chlorine demand in excess of 12 mg/l.
K.
Containing wastes which are not amenable to biological treatment
or reduction in existing treatment facilities, specifically nonbiodegradable
complex carbon compounds.
L.
Any substance which may cause the POTW's effluent or any other
product of the POTW such as residues, sludges or scums to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall substance discharged to the POTW cause the POTW to
be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under § 405 of the Act; any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act or State criteria applicable to the sludge
management method being used.
M.
Any substance which will cause the POTW to violate its NPDES and/or
State disposal system permit or the receiving water quality standards.
N.
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference but
in no case wastewater with a temperature at the introduction into
the POTW which is higher than 40° C. (1° F.) or lower than
0° C. (32° F.) unless the POTW treatment plant is designed
to accommodate such temperature.
O.
Any pollutants, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which a user
knows or has reason to know will cause interference to the POTW. In
no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, qualities or flow during normal operation.
P.
Any wastewater containing any radioactive wastes or isotopes of such
halflife or concentration as may exceed limits established by the
Borough in compliance with applicable State or Federal regulations.
Q.
Any wastewater which causes a hazard to human life or creates a public
nuisance.
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When the Borough determines that a user(s) is contributing to
the POTW any of the above enumerated substances in such amounts as
to interfere with the operation of the POTW, the Borough shall: (1)
advise the user(s) of the impact of the contribution on the POTW and
(2) develop effluent limitation(s) for such user to correct the interference
with the POTW.
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7.
Nothing in this Section shall be construed as preventing any special
agreement or arrangement between the Borough and any user of the treatment
works whereby wastewater of unusual strength or character is accepted
into the POTW. Provided, however, that nothing in this Section shall
be construed as a waiver of the Federal Categorical Pretreatment Standards
in effect as of the date of this Part.
8.
The Borough or its designee shall have the right to inspect any building
sewer, lateral or collecting sewer that discharges wastewater directly
or indirectly into the POTW to determine compliance with this Part.
9.
Federal Categorical Pretreatment Standards. Upon the promulgation
of the Federal Categorical Pretreatment Standards for a particular
industrial subcategory, the Federal standard, if more stringent than
limitations imposed under this Part for sources in that subcategory,
shall immediately supersede the limitations imposed under this Part.
The Superintendent shall notify all affected users of the applicable
reporting requirements under 40 CFR § 403.12.
10.
Modification of Federal Categorical Pretreatment Standards. When
the POTW achieves consistent removal of pollutants limited by Federal
pretreatment standards, the Borough may apply to the approval authority
for modification of specific limits in the Federal pretreatment standards.
"Consistent removal" shall mean reduction in the amount of a pollutant
or alteration of the nature of the pollutant by the wastewater treatment
system to a less toxic or harmless state in the effluent which is
achieved by the system in 95% of the samples taken when measured according
to the procedures set forth in § 403.7(c)(2) of Title 40
of the Code of Federal Regulations, Part 403, "General Pretreatment
Regulations for Existing and New Sources of Pollution," promulgated
pursuant to the Act. The Borough may then modify pollutant discharge
limits in the Federal pretreatment standards if the requirements contained
in 40 CFR, Part 403, § 403.7, are fulfilled and prior approval
from the approval authority is obtained.
11.
State Requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than Federal
requirements and limitations or those in this Part.
12.
Excessive Discharge. No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
the limitations contained in the Federal Categorical Pretreatment
Standards or in any other pollutant specific limitation developed
by the Borough or State.
13.
Accidental Discharges. Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this Part. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Borough
for review and shall be approved by the Borough before construction
of the facility. All existing users shall complete such a plan by
January 1, 1985. No user who commences contribution to the POTW after
the effective date of this Part shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved
by the Borough. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of
this Part. In the case of an accidental discharge, it is the responsibility
of the user to immediately telephone and notify the POTW of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume and corrective actions.
14.
Written Notice. Within five days following an accidental discharge,
the user shall submit to the Superintendent a detailed written report
describing the cause of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, fish kills
or any other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties or other liability
which may be imposed by this Part or other applicable law.
15.
Notice to Employees. 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 dangerous discharge. Employers shall
insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
[Ord. 553, 11/4/1985, § 449.04; as amended by Ord.
611, 6/1/1992, § 4; and by Ord. 680, 12/28/1998]
1.
Acceptance and Treatment Policy.
A.
The economy and desirability of the combined treatment of industrial
wastes and domestic wastes is recognized; however, not all types of
industrial wastes can be so treated. Hence, it shall be the established
policy of the Borough of Hamburg to accept those types and quantities
of industrial wastes which are not harmful or damaging to the structures,
processes or operation of the sewer system and/or sewage treatment
works or are not specifically prohibited by this Part.
B.
It is the purpose of this section to provide for the recovery of
costs from users of the POTW for the implementation of the program
established herein. The applicable charges or fees shall be set forth
in the schedule of charges and fees.
C.
Charges and Fees. The Borough may adopt charges and fees which may
include:
(1)
Fees for reimbursement of costs of setting up and operating
the Pretreatment Program.
(2)
Fees for monitoring, inspections and surveillance procedures.
(3)
Fees for reviewing accidental discharge procedures and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal of pollutants otherwise subject
to Federal pretreatment standards.
(7)
Other fees as the Borough may deem necessary to carry out the
requirements contained herein.
D.
These fees relate solely to the matters covered by this Part and
are separate from all other fees chargeable by the Borough.
2.
Approval Required for Industrial Wastes.
A.
The discharge into the POTW of industrial wastes having any one or
more of the following characteristics shall be subject to prior review
and approval by the Authority.
(1)
A five-day BOD5 greater than 300 mg/l.
(2)
A suspended solids content greater than 350 mg/l.
(3)
A dissolved solids content greater than 500 mg/l.
(4)
A COD content greater than 600 mg/l.
(5)
A chlorine demand greater than 12 mg/l.
(6)
An average daily flow greater than five 5% of the average daily
sewage flow of the treatment works.
B.
It shall be unlawful to discharge without a permit to any natural
outlet within the Borough of Hamburg or in any area under the jurisdiction
of said Borough and/or to the POTW any wastewater except as authorized
by the Borough in accordance with the provisions of this Part.
C.
This Part creates the position of Superintendent. The Superintendent
is the supervisor 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. The Superintendent has
the responsibility of issuing and rescinding industrial waste permits.
His further responsibilities include setting forth on the permit special
conditions as required by the Borough and notifying permittees of
their responsibility to renew their permits 90 days prior to their
expiration date.
3.
Industrial Waste Discharge Permit.
A.
All significant users proposing to connect to or to contribute to
the POTW shall obtain a wastewater discharge permit before connecting
to or contributing to the POTW. All existing significant users connected
to or contributing to the POTW shall obtain a wastewater contribution
permit within 180 days after the effective date of this Part.
B.
Users required to obtain a wastewater contribution permit shall complete
and file with the Borough, an application in the form prescribed by
the Borough and accompanied by a fee as established, from time to
time, by resolution of the Borough Council payable to the Borough.
Existing users shall apply for a Wastewater Contribution Permit within
30 days after the effective date of this Part and proposed new users
shall apply at least 90 days prior to connecting to or contributing
to the POTW. In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the address).
(2)
SIC number according to the current Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics including, but not limited to, those mentioned in § 18-215 of this Part as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 3(g) of the Act and contained in 40 CFR, Part 136, as amended.
(4)
Time and duration of contribution.
(5)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation, as applicable to secure adequate samples.
(7)
Description of activities, facilities and plant processes on
the premises including all materials which are or could be discharged.
(8)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any Borough, State or Federal
pretreatment standards and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance (O&M) and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards.
(9)
If additional pretreatment and/or O&M will he required to
meet the pretreatment standards, the shortest schedule by which the
user will provide such additional pretreatment. The completion date
in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. The following conditions
shall apply to this schedule:
(a)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc).
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Borough or its designee including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay and the steps being taken by the
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Borough or its designee.
(10)
Each product produced by type, amount, process or processes
and rate of production.
(11)
Type and amount of raw materials processed (average and maximum
per day).
(12)
Number and type of employees and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(13)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application.
(14)
Notwithstanding any of the limitations and provisions set forth
in this Part, the Borough is authorized to put more stringent standards
into any specific industrial waste discharge permit in the event that
such standards are necessary in the Borough's discretion to insure
proper operation of its sewer system and compliance with all Federal
and State rules and regulations which may be promulgated from time
to time.
C.
The Borough will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Borough may issue a wastewater contribution
permit subject to terms and conditions provided herein.
4.
Permit Modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by § 18-215, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Borough within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 18-215(3)(H) and (I).
5.
Permit Conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this Part and all other applicable regulations,
user charges and fees established by the Borough. Permits may contain
the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents and characteristics.
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge reports.
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Borough and affording
the Borough or its designee access thereto.
I.
Requirements for notification to the Borough of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
J.
Requirements for notification of slug discharges.
K.
Other conditions as deemed appropriate by the Borough to ensure compliance
with this Part.
6.
Permit Duration. Permits shall be issued for a specified time period,
not to exceed three years. A permit may be issued for a period less
than one year or may be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the Borough during
the term of the permit as limitations or requirements are modified
or other just cause exists. The user shall be informed of any proposed
change in his permit at least 30 days prior to the effective date
of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
7.
Permit Transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without the approval
of the Borough. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit.
8.
Reporting Requirements for Permittee.
A.
Compliance Date Report. Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Superintendent a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by pretreatment standards and requirements
and the average and maximum daily flow for these process units in
the user facility which are limited by such pretreatment standards
or requirements. The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent basis and,
if not, what additional O&M and/or pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards
or requirements. This statement shall be signed by an authorized representative
of the industrial user, and certified to by a qualified professional.
B.
Periodic Compliance Reports.
(1)
Any user subject to a pretreatment standard, after the compliance
date of such pretreatment standard, or, in the case of a new source,
after commencement of the discharge into the POTW, shall submit to
the Superintendent during the months of June and December, unless
required more frequently in the pretreatment standard or by the Superintendent,
a report indicating the nature and concentration of pollutants in
the effluent which are limited by such pretreatment standards. In
addition, this report shall include a record of all daily flows which
during the reporting period exceeded the average daily flow reported
in this Section. At the discretion of the superintendent and in consideration
of such factors as local high or low flow rates, holidays, budget
cycles, etc., the Superintendent may agree to alter the months during
which the above reports are to be submitted.
(2)
The Borough may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection 8B(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to § 3(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
|
Where 40 CFR, Part 136, does not include a sampling or analytical
technique for the pollutant in question, sampling and analysis shall
be performed in accordance with the procedures set forth in the EPA
publication, "Sampling and Analysis Procedures for Screening of Industrial
Effluents for Priority Pollutants," April, 1977, and amendments thereto
or with any other sampling and analytical procedures approved by the
Administrator.
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9.
Monitoring Facilities.
A.
The Borough shall require to be provided and operated, at the user's
own expense, monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises but the Borough may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Borough's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Borough.
10.
Inspection and Sampling. The Borough shall inspect the facilities
of any user to ascertain whether the purpose of this Part is being
met and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Borough or their representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination or in the performance of any of their
duties. The Borough, approval authority and (where the NPDES State
is the approval authority) EPA shall have the right to set up on the
user's property such devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering operations. Where
a user has security measures in force which would require proper identification
and clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that upon presentation
of suitable identification, personnel from the Borough, approval authority
and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
11.
Pretreatment and Preliminary Treatment of Industrial Wastes.
A.
Users shall provide necessary wastewater treatment as required to
comply with this Part and shall achieve compliance with all Federal
Categorical Pretreatment Standards within the time limitations as
specified by the Federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the Borough
shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Borough for review and shall be acceptable
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Borough under the provisions
of this Part. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Borough prior to the user's initiation of the changes.
B.
The Borough shall comply with the public participation requirements
of 40 CFR, Part 25, in the enforcement of National pretreatment standards.
These procedures shall include provision for at least annually providing
public notification, in the largest daily newspaper published in the
municipality in which the POTW is located, of industrial users which,
during the previous 12 months, were significantly violating applicable
pretreatment standards or other pretreatment requirements. For the
purposes of this Part, a significant violation is a violation which
remains uncorrected 45 days after notification of noncompliance which
is part of a pattern of noncompliance over a twelve-month period which
involves a failure to accurately report noncompliance or which resulted
in the POTW exercising its emergency authority under Federal Rules
and Regulations § 403.8(f)(1)(iv)(B), which states: A POTW
pretreatment program shall require the submission of all notices and
self-monitoring reports from industrial users as are necessary to
assess and assure compliance by industrial users with pretreatment
standards and requirements.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
12.
Confidential Information.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency as provided
by law.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this Part, the National Pollutant Discharge Elimination System
(NPDES) permit, State disposal system permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the State or any State agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
C.
Information accepted by the Borough as confidential shall not be
transmitted to any governmental agency or to the general public by
the Borough and the municipality until and unless a ten-day notification
is given to the user.
[Ord. 553, 11/4/1985, § 449.05]
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 as having the following concentrations:
2.
Surcharge Formula. 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]
|
|
Where:
|
A.
SQ is the quarterly surcharge to be added
to the normal sewer rent.
B.
0.00834 is a constant to convert waste concentrations expressed in
mg/l to thousands of pounds of waste.
C.
Q1 is the quarterly industrial waste flow
expressed in million gallons.
D.
BOD1, SS1 and DS1 are the respective concentrations of BOD5, suspended solids and dissolved solids of the industrial
waste expressed in mg/l.
E.
Three hundred, 350 and 500 are constants which express the waste
load concentrations in mg/l for normal domestic wastes.
F.
TCBOD is the treatment cost incurred by the
Borough as updated annually per 1,000 pounds of BOD.
G.
TCSS is the treatment cost incurred by the
Borough as updated annually per 1,000 pounds of suspended solids.
H.
TCDS is the treatment cost incurred by the
Borough as updated annually per 1,000 pounds of dissolved solids.
|
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 Subsection 2 hereof 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 § 18-215 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 § 18-215, 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 Subsection 2 hereof.
4.
Methods of Payment 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 § 18-220.
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 Section. 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. The hearing will
be conducted in accordance with rules and regulations promulgated
by the American Arbitration Association or such other rules or regulations
as Borough Council may promulgate.
[Ord. 553, 11/4/1985, § 449.06]
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 § 18-215. 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 § 18-217. 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 obtained shall be made in accordance
with the latest edition of "Standards Methods for the Examination
of Water and Sewage" published by the American Public Health Association.
2.
Control Manhole.
A.
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.
B.
The Borough and/or their duly authorized representatives shall be
permitted to enter upon all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this Part.
[Ord. 553, 11/4/1985, § 449.07]
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 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.
Whenever a person using a private water supply discharges industrial wastes into the sewer system, the charges for such discharge shall be in accordance with § 18-217. Such person, however, shall install at his expense a suitable meter or meters, as may be required by the Borough, to measure the total volume of water used in the industrial plant; or shall install, at his expense, a meter on the sewer line leaving the plant so as to measure the entire flow of waste discharged into the sewer system. No meter for measurement either of the water or sewage shall be installed, until a plan for such installation is submitted to the Borough or its designated representative and approved as satisfactory. All meters or other measuring devices installed or required to be used under the provisions of this Part shall be tested, inspected or repaired as required by the Borough. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping and all repairs thereto shall be made at the property owner's expense. In the event of meter failure or malfunction, the owner shall notify the Borough during the same working day. If the Borough determines the meter is not working properly, the owner will be responsible to replace or repair the meter within 10 working days. Failure to do so permits the Borough to do so at the owner's expense.
5.
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. 553, 11/4/1985, § 449.08]
The Borough of Hamburg 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.
[Ord. 553, 11/4/1985, § 449.09]
The Borough shall have the right to adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper in connection with the use and operation of the treatment works
in order to carry out the intent of this Part, which rules and regulations
shall become effective as though set forth herein.
[Ord. 553, 11/4/1985, § 449.10; as amended by Ord.
611, 6/1/1992, § 5]
1.
Harmful Contributions.
A.
The Borough may suspend the wastewater treatment service and/or a
wastewater contribution permit when such suspension is necessary,
in the opinion of the Borough, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the Borough to violate any
condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Borough shall
take such steps as deemed necessary including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Borough shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detained written statement submitted by the user describing the
causes of the harmful contribution and the measures take to prevent
any future occurrence shall be submitted to the Borough within five
days of the date of the occurrence.
2.
Revocation of Permit. Any user who violates the following conditions of this Part or applicable State and Federal regulations, is subject to having his permit revoked in accordance with the procedures of § 18-216 of this Part:
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
B.
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
D.
Violation of conditions of the permit.
3.
Notification of Violation. Whenever the Borough finds that any user
has violated or is violating this Part, wastewater contribution permit,
or any prohibition, limitation or requirements contained herein, the
Borough may serve upon such person a written notice stating the nature
of the violation. Within five days of the date of the notice, a plan
for the satisfactory correction thereof shall be submitted to the
Borough by the user.
4.
Show-Cause Hearing.
A.
The Borough may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Borough why the
proposed enforcement action should not be taken. A notice shall be
served on the user specifying the time and place of a hearing to be
held by the Borough regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action and directing the
user to show cause before the Borough why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days before the hearing. Service may be made on any agent
or officer of a corporation.
B.
The Borough may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee of
the assigned department to:
(1)
Issue in the name of the Borough notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough for
action thereon.
C.
At any hearing held pursuant to this Part, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
D.
After the Borough has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
E.
The hearing shall be conducted in accordance with rules and regulations
of the American Arbitration Association or such other rules and regulations
as the Borough Council may promulgate.
5.
Legal Action. If any person discharges sewage, industrial wastes
or other wastes into the POTW contrary to the provisions of this Part,
Federal or State pretreatment requirements or any order of the Borough,
the Borough Solicitor may commence an action for appropriate legal
and/or equitable relief.
[Ord. 553, 11/4/1985, § 449.11]
Any tank truck or any other equipment used or intended to be
used within the Borough or on Borough property for the removal and/or
transportation of domestic waste and industrial wastes shall conform
to the following requirements:
A.
The container shall be watertight.
B.
Tanks, containers or other equipment shall be so constructed that
every portion of the interior and exterior can be easily cleaned and
shall be kept in a clean and sanitary condition.
C.
Piping, valves and permanent or flexible connections shall be accessible
and easily disconnected for cleaning purposes.
D.
The inlet opening or openings to every container shall be so constructed
that the material will not spill out during filling, transfer or transport.
E.
The outlet connections shall be so constructed that no material will
leak out or run out to other than the point of discharge and shall
be of a design and type suitable for the material handled and capable
of controlling the flow or discharge without spillage, undue spray
or flooding of immediate surroundings while in use.
F.
No connection shall be made at any time between a tap or outlet furnishing
potable water on any premises and any container or equipment holding
material by any means other than an open connection. No domestic waste
and/or industrial wastes shall be discharged by tank trucks into the
sewer system.
[Ord. 553, 11/4/1985, § 449.12; as amended by Ord.
680, 12/28/1998]
1.
Any user who is found to have violated an order of the Borough or
who willfully or negligently failed to comply with any provision of
this Part and the orders, rules, regulations and permits issued hereunder,
shall be fined by the Borough in the amount of $1,000 for each offense.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense. In addition to the penalties provided
herein, the Borough may recover reasonable attorneys' fees, court
costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this Part or the orders, rules, regulations and permits issued hereunder.
2.
Falsifying Information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this Part or wastewater contribution permit or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this Part 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.
[Ord. 553, 11/4/1985, § 449.14]
It is declared that the enactment of this Part is necessary
for the protection, benefit and preservation of the health, safety
and welfare of inhabitants of the POTW service area.
