In the absence of a permit from the Borough, it shall be unlawful to discharge to the POTW any wastewater except as authorized in writing by the Borough in accordance with the provisions of this chapter, and as may be further limited by applicable state and federal laws and regulations.
A. 
Existing domestic dischargers with valid connections that are otherwise in compliance with this chapter shall be deemed to have a connection permit to discharge domestic waste.
B. 
New domestic dischargers shall apply for a connection permit and pay the appropriate tapping fees and other fees as established by the Borough.
C. 
Existing commercial dischargers with valid connections that are otherwise in compliance with this chapter shall be deemed to have a connection permit to discharge from a commercial establishment, unless otherwise notified by the Borough.
D. 
New commercial dischargers shall complete a connection permit application and a questionnaire as set forth in § 323-23A and pay the appropriate tapping fees and other fees as established by the Borough. The Borough will evaluate the questionnaire and inform the new commercial discharger whether or not it is required to apply for a wastewater contribution permit.
A. 
All new industrial users proposing to connect to and contribute to the POTW, or existing IUs proposing to modify an existing discharge, and any commercial discharger notified by the Borough in accordance with § 323-21C and D of this chapter, shall obtain a permit or permit modification from the Borough before commencing construction or modifications. Applications for permits with payment of the appropriate tapping fees and other fees as established by the Borough shall be submitted to the Borough on forms provided by the Borough.
(1) 
All existing industrial users who do not have a permit and are connected to or contributing to the POTW shall be in violation of this chapter and shall apply for an appropriate permit within 30 days after the effective date of this chapter. Any existing user, who is required for the first time to obtain a permit for such discharge as a result of a modification to this chapter, shall be considered to have a permit for such discharge, assuming it submits an application within 30 days of the effective date of such modification, from the date of timely submission of such application, until the Borough either grants such permit or denies such permit. Any such user that is denied a permit, or fails to timely submit an application, shall immediately cease discharging to the POTW.
(2) 
Where a user becomes subject to a new national categorical pretreatment standard, but has not previously submitted an application for a permit, the user shall apply for a permit within 180 days after the promulgation of the applicable national categorical pretreatment standard.
B. 
The Borough may require a user of sewer services to provide information needed to determine compliance with this chapter or other applicable local, state, or federal laws, rules, or regulations. These requirements may include:
(1) 
Wastewater discharge peak rate and volume records over a specified time period.
(2) 
Information on raw materials, processes and products affecting wastewater volume and quality.
(3) 
Quantity and characteristics of specific liquid, sludge, oil, solvent, or other materials to be discharged to the wastewater system.
(4) 
A plot plan of sewers on the user's property showing sewer facility locations and all proposed sewer connections to these facilities.
(5) 
Details of systems to prevent and control stormwater from entering municipal sewers.
(6) 
Any other information determined necessary by the Superintendent.
C. 
All measurements, tests, and analyses of the characteristics of waters and wastewaters to which reference is made in this chapter shall be determined in accordance with procedures established by the EPA pursuant to 40 CFR 136 and amendments thereto.
D. 
The user shall be responsible for submitting all applicable county, regional, state, or federal permits or planning documents required for approval of sewer connections.
A. 
Wastewater contribution questionnaire.
(1) 
All users proposing to connect to or contribute to the POTW, as well as existing users without a permit but required to have a permit, shall complete and file with the Borough at least 180 days prior to the user's desired date of discharge to the POTW, or before commencement of construction or modification of a facility, or upon such existing user's knowledge that it is required to have a permit, a questionnaire, on a form provided by the Borough.
(2) 
The Borough will evaluate the data furnished by the proposed user in order to determine compliance with this chapter and may require additional information.
B. 
Wastewater contribution permit application. If after review of a questionnaire the Borough determines that the user is an industrial user required to apply for a permit, such user shall complete and file with the Borough, a permit application in the form prescribed by the Borough. The application must be accompanied by the required fee. Such permit application may require the submission of the following information:
(1) 
Name, address and location (if different from the address);
(2) 
Legal form of the entity applying for the permit (e.g., corporation/partnership/sole proprietorship/etc.) and names and addresses of all owners/officers/partners;
(3) 
Name, title, address and phone number of an authorized representative of the entity applying for the permit to accept correspondence on its behalf;
(4) 
SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget 1972, as amended;
(5) 
Wastewater constituents and characteristics, including but not limited to substances for which local limits are established in § 323-10 of this chapter, which shall be determined by a reliable analytical laboratory in compliance with 40 CFR 403.12(1); sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR 136, as amended;
(6) 
Time and duration of contribution and hours of operation;
(7) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly, and seasonal variation, if any;
(8) 
Total daily/weekly/monthly quantity of flow to POTW;
(9) 
Verification of ownership of sufficient sewer capacity allocation to cover proposed flow to POTW or request for purchasing of sewer capacity allocation sufficient to cover proposed flow;
(10) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, and appurtenances by the size, location and elevation and all points of discharge;
(11) 
Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged;
(12) 
The nature and concentration of any pollutants in the discharge which are limited by any Borough, state, or federal pretreatment standards; a description of pretreatment process in place at the facility 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;
(13) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
(a) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required 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.).
(b) 
No increment referred to in Subsection B(13)(a) shall exceed six months.
(c) 
No 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, 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 six months elapse between such progress reports to the Borough.
(14) 
Each product produced by type, amount, process, or processes, and rate of production;
(15) 
Type and amount of raw materials processed (average and maximum per day);
(16) 
Number and type of employees, and hours of operation of the plant, and proposed or actual hours of operation of the pretreatment system;
(17) 
Compliance data reports (CDRs) from CIUs or SIUs;
(18) 
A list of all environmental permits held by or for the user applicable to the facility; and
(19) 
Any other information as may be deemed by the Borough to be necessary to evaluate the permit application.
All questionnaires, wastewater permit applications and user reports must contain the following certification statement and must be signed by an authorized representative of the user.
"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."
A. 
The Borough will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete permit application, the Borough will determine whether or not to issue a permit, and the type of permit to be issued. The Borough may deny any application for a permit which does not comply with the requirements of this chapter or applicable federal and state statutes and regulations.
B. 
The Borough may also deny requests for increased or modified discharges in any of, but not limited to, the following situations: when they do not meet applicable pretreatment standards and requirements; when they do not comply with the requirements of the chapter or applicable federal or state laws and regulations; when they would, in the Borough's opinion, cause the POTW to violate its NPDES permit; or when the user does not own sufficient EDUs to cover the proposed flow to the POTW.
A. 
All persons that are located beyond the jurisdictional limits of the Borough, and who wish to discharge into the POTW, shall be subject to this chapter to the full extent, and in the same manner, as a person located in the Borough.
B. 
Any existing user without a valid existing permit located beyond the Borough limits shall, within 90 days of the effective date of this chapter, submit to the Borough and contributing municipality a permit application, in accordance with this Article IV above.
C. 
In addition, the Borough may, in its discretion, enter into an agreement with the neighboring jurisdiction in which the user is located to provide for the implementation and/or enforcement of pretreatment program requirements against said user.
A. 
The Borough may modify a wastewater contribution permit at any time for good cause, including, but not limited to, the following reasons:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2) 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of permit issuance;
(3) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) 
Information indicating that the permitted discharge poses a threat to the Borough's POTW, Borough personnel, or the receiving waters;
(5) 
Violation of any terms or conditions of the permit;
(6) 
Misrepresentations or failure to fully disclose all relevant facts in the permit application or in any required reporting;
(7) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) 
To correct typographical or other errors in the permit; or
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
B. 
Any user proposing to increase or modify its discharge must submit an application for a permit modification, on a form provided by the Borough, 90 days prior to the proposed increased or modified discharge.
Permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, strength surcharges, and fees established by the Borough. Any violation of the terms and conditions of a permit shall be deemed a violation of this chapter and, regardless of the terms of the permit, shall subject the permittee to enforcement and penalties as set forth in this chapter. The permit may contain the following:
A. 
The schedule of user charges and fees for the wastewater to be discharged to a 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 self-monitoring reports (SMR), 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 access thereto. All records shall be maintained for a minimum of three years and, in the case of litigation, a minimum of three years from the termination or settlement of said litigation.
I. 
Requirements for notification to the Borough of a proposed or actual modification of the wastewater being introduced into the POTW, 90 days prior to the discharge of such modified discharge. For purposes of this section, a modified discharge shall be considered:
(1) 
Any increase in the volume of the discharge beyond that allowed in the permit;
(2) 
The introduction of any previously unreported wastewater constituent; or
(3) 
An increase in the character or amounts of constituents beyond that allowed in the permit.
J. 
Requirements for notification of slug discharges in accordance with § 323-14.
K. 
Requirements that all wastewater samples be representative of the user's discharge and that wastewater monitoring and flow measurement facilities 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.
L. 
A statement of applicable civil and criminal penalties, under Article V of this chapter, for violation of this chapter or a permit condition.
M. 
Other conditions as deemed necessary by the Borough to ensure compliance with this chapter.
A. 
Permits shall be issued for a specified time period, set by the Borough, not to exceed five years. The user shall apply for permit reissuance by submitting a complete permit application in accordance with § 323-22 of this chapter, a minimum of 180 days prior to the expiration of the existing permit.
B. 
The terms and conditions of a permit may be subject to modification by the Borough during the term of the permit, if local limits or other limitations or requirements as identified in Article II of this chapter, are modified or if other just cause exists. A user shall be informed of any proposed changes to its 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.
Permits are issued to a specific user for a specific operation. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the written approval of the Borough. Any succeeding owner shall also comply with the terms and conditions of the existing permit.
The user may petition the Superintendent to reconsider the terms of a permit within 30 days of receipt of notice of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed a waiver of the user's right to appeal.
B. 
In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.
C. 
The effectiveness of the permit shall not be stayed pending the appeal.
D. 
If the Borough fails to act within 30 days, a request for reconsideration shall be deemed to be denied. The Borough may, at its discretion, hold an administrative hearing before Borough Council, or a designee of Borough Council, during which a record of the proceeding and any decision on such request for reconsideration shall be made. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review.
E. 
A permittee seeking judicial review of the final administrative permit decision must do so by filing a complaint with the Court of Common Pleas of Montgomery County within 30 days of the final administrative permit decision.
A. 
Baseline monitoring report.
(1) 
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, any user subject to such categorical pretreatment standards shall submit to the Borough a baseline monitoring report (BMR) indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The BMR shall also include the certification statement as specified in § 323-24 of this chapter. 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 user and certified by a qualified professional engineer who is registered in the Commonwealth of Pennsylvania.
(2) 
Within 90 days following the commencement of the introduction of wastewater into the POTW, any new user subject to categorical pretreatment standards or user required to employ pretreatment to meet local limits shall submit to the Borough a BMR indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall also include the certification statement as specified in § 323-24 of this chapter. The BMR 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 user and certified by a qualified professional engineer who is registered in the Commonwealth of Pennsylvania.
(3) 
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 actual receipt of the report by the Borough shall govern.
B. 
Periodic compliance reports.
(1) 
Any user subject to pretreatment standards or requirements shall submit to the Borough biannually, unless required more frequently in the categorical pretreatment standards or by the Borough in the permit, a compliance data report (CDR) indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, the CDR shall include a record of all daily flow which, during the reporting period, exceeded the average daily flow allowed in the permit. The CDR shall be signed, using the certification in § 323-24 of this chapter, by an authorized representative of the user and certified by a qualified professional engineer who is registered in the Commonwealth of Pennsylvania, unless waived by the Borough.
(2) 
All users required to have a wastewater contribution permit may be required to submit to the Borough, a periodic self-monitoring report (SMR), in accordance with any provisions in its permit.
(3) 
The Borough may impose mass limitations on any users where the imposition of mass limitations are, in the Borough's opinion, appropriate. In such cases, the reports required by Subsection B(1) and (2) of this section shall indicate the mass of pollutants in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow, nature, concentration, production, and by 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 or in the permit. All analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA.
(4) 
All dischargers shall provide appropriate reports to the Superintendent as the Superintendent may require.
(5) 
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 by the Borough shall govern.
A. 
The Borough may require monitoring equipment and facilities (e.g., a manhole) to be provided and operated at the user's own expense. The Borough may require that the monitoring facility provide for sampling and flow measurement of all discharges to the POTW. 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 and the 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.
A. 
The Borough shall have access to inspect the facilities of any discharger to ascertain whether the purpose of this chapter 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 its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, split sampling, records examination and copying or in the performance of any Borough duty.
B. 
The Borough, DEP and/or EPA shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a discharger has security measures in force which would require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Borough, DEP and/or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Unreasonable delays in allowing the Borough, DEP and/or EPA to access the user's premises shall be a violation of this chapter.
Notwithstanding any other provision of this chapter, a user required to have a permit shall submit to the Borough all monitoring data and analytical results collected or obtained at the permitted facility within 15 days of its receipt of such data, unless a different time period is set forth in the permit.
A. 
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying by the Borough, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements.
B. 
Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.
C. 
Users shall retain and make these records 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 where the user has been specifically notified of a longer retention period by the Borough.
A. 
Users shall provide necessary wastewater pretreatment as required to comply with federal pretreatment requirements and/or this chapter and shall achieve compliance with all pretreatment standards within the time limitations as specified by the federal or state pretreatment regulations, or the local pollutant limitations, or the user's permit, whichever is most stringent. Any facilities required to pretreat wastewater 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 such facilities are constructed. The review of such plans and operating procedures, by the Borough, however, 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 chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Borough prior to the user's initiation of the changes.
B. 
Users with the potential to discharge oils and grease in amounts greater than those specified in § 323-10 of this chapter must have installed, at the owner's expense, grease interceptors to prevent such a discharge from occurring. Grease interceptors must be cleaned and maintained on a regular basis by the owner, per § 323-17 of this chapter.
The Borough may publish annually in the daily local news a list of the users that, during the previous calendar year, were in significant noncompliance with applicable standards and requirements.
A. 
Information and data on a discharger obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the Borough, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the discharger under applicable law.
B. 
When the person furnishing a report so requests, the portions of the report that 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 chapter, the Borough's NPDES permit, and/or the pretreatment programs provided. Moreover, such portions of a report shall be available for use by federal or state agencies or courts 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 the general public by the Borough until and unless a ten-day notification is given to the discharger. Transmission of confidential information from the Borough to federal or state agencies or courts, is not governed by the ten-day notification requirement.