[HISTORY: Adopted by the Borough Council of the Borough of
Columbia 4-14-2014 by Ord. No. 848. Amendments noted where applicable.]
The purposes of this chapter are:
A.
To provide a program for the environmentally sound and cost-effective
disposal of trucked waste to the treatment plant.
B.
To provide an alternative opportunity to recycle and reclaim wastewater
and sludge/biosolids.
C.
To prevent the introduction of pollutants into the treatment plant
which would interfere with its operation or contaminate the resulting
sludge/biosolids.
This chapter shall be known and referred to as the "Trucked
Waste Ordinance" of the Borough of Columbia.
As used in this chapter, the following terms shall have the
meanings indicated:
Treated solids generated from secondary treatment processes
at a wastewater treatment facility.
The Borough of Columbia, Lancaster County, Pennsylvania.
Grease trap and grease interceptor wastes, flammable, explosive
or corrosive wastes, metal-laden wastewaters and sludges, radioactive
wastes, animal waste (manure), and other wastes determined by the
Waste Water Manager as being detrimental to the treatment plant, to
the operation of the sewer system, or to the health, safety and welfare
of the employees of the Borough or the Borough of Columbia Sewer Authority.
The Borough Council of the Borough of Columbia, Lancaster
County, Pennsylvania.
Any waste that is nontoxic to the biological treatment process
at the treatment plant, is biodegradable and is determine to have
no adverse affect on the operation of the treatment plant and which
is not directly discharged into the sewer system of the Borough of
Columbia, including waste from residential holding tanks, residential
septic tanks and commercial holdings/septic tanks used for nonprocessed
wastewater.
Any policies and procedures promulgated by the Waste Water
Manager for the enforcement and application of the provisions of this
chapter.
The sewage treatment plant of the Borough.
Any liquid waste brought to the treatment plant by truck
including all liquid waste and such other wastes that may be considered
by the Waste Water Manager or his designee based on source-specific
information and laboratory analysis, including but not limited to
industrial and commercial wastewaters of nontoxic and biodegradable,
municipal and wastewater sludge/biosolids if they are from biological
treatment processes, nontoxic and meet all United States Environmental
Protection Agency (USEPA) Part 503 and Pennsylvania Department of
Environmental Protection (PaDEP) "Agricultural Use Guidelines, and
Special Wastes," including landfill, leachates, slurries, condensates,
wash waters, portable toilet water and nontoxic liquid wastes.
Shall be that person designated by the Borough Manager as
the Waste Water Manager of the Treatment Plant.
No trucked waste shall be admitted to the treatment plant from
a truck or trucking company that has not obtained a trucked waste
permit in accordance with the provisions hereof.
A.
All truckers or trucking companies delivering trucked waste to the
treatment plant must have obtained a trucked waste permit ("permit"
or "permits") issued by the Borough from the Waste Water Manager.
B.
In order to obtain a trucked waste permit, the hauling firm, trucking
company or trucker must submit a completed trucked waste hauler's
permit application along with any fee established by resolution of
Council from time to time to the Waste Water Manager.
C.
Application.
(1)
The Waste Water Manager is authorized to draft and promulgate an
application for waste hauler permits which shall include, at a minimum,
the following information:
(a)
Company name and address;
(b)
Company contact information;
(c)
Name and title of authorized representative;
(d)
Vehicle make, model year, license plate number, gross vehicle
weight, tank volume, waste management permit license number;
(e)
A description of the type of trucked waste to be delivered to
the treatment plant;
(g)
A certification statement certifying all the information is
true and correct and certifying that the company and all of its employees
shall comply fully with all of the terms and conditions of this chapter
and with any policies and procedures; and
(h)
A properly executed and authorized signature of an authorized
representative of the company.
(2)
Should the hauling company applying for a trucked waste permit be
separate from the producer of the trucked waste, the hauling company
shall also produce such information as required by the Waste Water
Manager, including but not
limited to the producer's DEP license number, a signed certificate
from the producer of the trucked waste that they are current and compliant
with all Department of Environmental Protection regulations and a
certification from the producer that they will provide to the Waste
Water Manager the following information: compliance with the Waste
Transportation Safety Act (Act 90)[1] regarding the PaDEP Municipal and Residual Waste Transportation
and Safety program.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
D.
A trucked waste permit must be obtained by each hauling firm, trucking
company or trucker before discharging any trucked waste to the treatment
plant. Permits shall be issued to those persons, firms or companies
meeting all of the following conditions:
(1)
Have applied for a permit by fully completing and submitting a permit
application and paying the nonrefundable fee as established from time
to time by resolution of Borough Council;
(2)
Satisfying all permit application requirements; and
(3)
In the instance of renewals, provide proof of having complied with
all conditions and requirements of their previously issued permit.
E.
The trucked waste permit must be renewed on an annual basis by submission
of a renewal application in the form required by the Waste Water Manager
and payment of a nonrefundable renewal fee as established from time
to time by resolution of Council. The Waste Water Manager may deny
renewal of a permit for any trucker, trucking company or hauling firm
which has failed to comply with the terms of this chapter or the policies
and procedures.
The Waste Water Manager be and hereby is authorized and directed
to promulgate policies and procedures relating to the operation, application
and enforcement of the provisions of this chapter, including but not
limited to provisions for the following:
A.
Hours of operation at the treatment plant during which trucked waste
will be accepted.
B.
Procedures and requirements for the discharge of trucked waste to
the treatment plant, including, without limitation, provisions relating
to type and amount of hose to be used, care to be taken in discharge,
clean up that may be required, and requirements that employees at
the treatment plant visually inspect trucked waste, and visually witness
the discharge of trucked waste into the treatment plant.
D.
Requirements for the types of trucks used to haul trucked waste to
the treatment plant.
E.
Requirements regarding the production and maintenance of the permit
issued hereunder.
F.
Requirements to produce prior to discharge of trucked waste into
the treatment plant information concerning waste pickup points, volumes,
and waste characteristics.
G.
Any and all other items deemed appropriate by the Waste Water Manager
to properly implement and enforce the provisions of this chapter and
to effectively, safely and efficiently operate the treatment plant.
The Waste Water Manager may reject any load of trucked waste
and dischargers may be required to cease discharging operations at
any time. The right to reject is in the sole and absolute discretion
of the Waste Water Manager. The treatment plant is limited by the
requirements on loading and flow from by its NPDES permit and trucked
waste may be rejected at any time if in the opinion the acceptance
of such waste would violate either, and/or if the acceptance of trucked
waste would pose a threat of any kind to the treatment plant or the
employees of the Borough or Columbia Municipal Authority working at
the treatment plant, and/or if the acceptance of such trucked waste
may be potentially harmful to the treatment process or for any other
similar reason determined in the sole and absolute discretion of the
Waste Water Manager.
A.
Upon request, the Waste Water Manager or his or her designee shall
be permitted to immediately sample any trucked waste being delivered
to the treatment plant.
B.
Upon conclusion of any testing of trucked waste samples determining
that the trucked waste includes categorically denied wastes or other
waste which is not permitted to be discharged to the treatment plant,
the Waste Water Manager may surcharge the trucking company in such
amounts as approved by Council from time to time by resolution. Further,
should any individual or entity holding a trucked waste permit discharge
categorically denied waste or other wastes which are prohibited from
being discharged into the treatment plant, the Waste Water Manager
may suspend or terminate their trucked waste permit.
All truckers or trucking companies delivering trucked waste
to the treatment plant shall purchase at its own expense and maintain
for the duration of this permit such insurance as will protect it
and/or the Borough from claims set forth below which may arise out
of the waste hauler's operation under the permit. Such insurance
shall be issued by a company or companies licensed to do business
in the State of Pennsylvania, and rated at least A-, and provide coverage
for:
A.
Claims under worker's compensation, disability benefit and other
similar employee benefit acts;
B.
Claims for damages because of bodily injury, occupational sickness
or disease, or death of any person other than his employees;
C.
Claims for damages other than to the work itself because of an injury
to or destruction of tangible property including loss of use resulting
therefrom; and
D.
Claims for damages because of bodily injury or death of any person
or property damage arising out of the ownership, maintenance or use
of any motor vehicle. The Borough shall be named as an additional
insured on all general and automobile liability insurance policies.
Said liability policies shall contain a clause stating that they shall
be primary insurance with respect to waste hauler's negligence,
notwithstanding any insurance maintained by the Borough. Liability
insurance shall be on a comprehensive form or on a general form and
shall be written on an occurrence basis (policy shall not be a claims-made
basis) and in the amount of $2,000,000.
A.
Any person or entity which feels aggrieved by the actions of the
Waste Water Manager, whether that be for the denial, suspension or
revocation of a permit, failure to renew a permit, issuance of a surcharge
relating to the discharge of categorically denied waste or other prohibited
waste into the treatment plant, or other similar matter may appeal
the same to the Borough of Columbia Municipal Authority Board (the
"Board") by filing a written appeal with the Waste Water Manager and
paying any appeal fee established by resolution of Council from time
to time.
B.
Any and all such appeals shall be heard at the next regularly scheduled
meeting of the Board scheduled not less than two weeks from the date
of filing of the appeal.
C.
The determination of the Board shall be final.
All fees and charges as referenced in this chapter may be established
from time to time by resolution of Council.
A.
Any person, partnership, corporation, limited liability company or
any other entity who or which has violated any provisions of this
chapter shall come upon being found liable therefor in a civil enforcement
proceeding commenced by the Borough, pay a judgment of not more than
$600 plus all court costs, including reasonable attorney's fees
incurred by the Borough as a result thereof. Each day that a violation
continues shall constitute a separate violation.
B.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Borough the right to
commence any action for enforcement pursuant to this section.
C.
In addition to other remedies, the Borough may pursue any other equitable
remedies available to it at law, including those for injunctive relief.
A.
Borough shall be entitled to recover any and all fines, penalties
and costs which it incurs in enforcing this action against any person,
entity, corporation or limited liability company.
