Article III Sewer System Rules and Regulations

General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including but not limited to wastestreams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 206.21;

Wastewater having a pH less than 6.0 or more than 9.0 or otherwise causing corrosive structural damage to the POTW or equipment;

Solid or viscous substances in amounts which will cause obstruction of the flow to the POTW resulting in 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, needles or syringes of any type, but in no case solids greater than two inches in any dimension.

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

Wastewater having a temperature greater than 104° F. or lower than 32° F., or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.);

Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass-through;

Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

(i)

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the Authority's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the reasonably established norm for aquatic life;

(j)

Wastewater containing any radioactive wastes or isotopes except as specifically approved by the Borough or the Authority in compliance with applicable state or federal regulations;

(k)

Stormwater, surface water, groundwater, sump pump discharges, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Borough or the Authority. Where unauthorized discharge of these waters into the POTW exists, they shall be remedied in a manner approved by the Borough or the Authority within 90 days of receipt of a notice from the Borough or the Authority. In the event such condition is not remedied, the Borough or the Authority shall cause the condition to be remedied at the owner's expense;

(l)

Sludges, screenings or other residues from the pretreatment of industrial wastes;

(m)

Medical wastes, except as specifically authorized by the Borough or the Authority in a wastewater discharge permit;

(n)

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

(o)

Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW;

(p)

Wastewater containing total solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant, except as may be approved by Council and the Authority;

(q)

Wastewater having a chlorine demand in excess of 12 mg/l;

(r)

Wastewater prohibited by any permit issued by the Commonwealth of Pennsylvania;

(s)

Wastewater containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, specifically nonbiodegradable complex carbon compounds;

(t)

Wastewater containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process or pass-through the treatment plant in the effluent thus constituting a hazard to humans or animals or create any hazard in the Wyomissing Creek and the Schuylkill River in concentrations that exceed the following local limits:

	Toxic/Poisonous Substance	Concentration (mg/l)
	Aluminum	2.0
	Arsenic	0.75
	Beryllium	0.005
	Cadmium	0.650
	Chromium	1.0
	Copper	1.0
	Cyanide	0.75
	Iron	5.0
	Lead	0.50
	Mercury	0.02
	Molybdenum	0.20
	Nickel	2.0
	Oil and grease (animal origin)	100.0
	Oil and grease (petroleum origin)	25.0
	Phenol	1.0
	Selenium	0.140
	Silver	0.30
	Tin	1.0
	Zinc	1.00

The above limits may be revised by resolution of the Council.

The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for total metal unless indicated otherwise. The Borough or the Authority may impose mass limitations in addition to or in place of the concentration-based limitations above.

[3]

Deductions will be made from these limited substances equal to the concentrations of each substance that is contained in the potable water supply.

(u)

Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

Federal categorical pretreatment standards. The National Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated.

State pretreatment standards. No state pretreatment standards exist, therefore, in their place, categorical pretreatment standards are hereby incorporated.

§ 363-21 Grease traps/interceptors.

[Added 9-19-2006 by Ord. No. 939; amended 12-16-2014 by Ord. No. 1037]

The Borough hereby establishes the following requirements to prevent the introduction of fats, oils or grease (FOG) into the sewer system:

Any commercial food service facility serviced by the Borough, existing or new, which uses or produces FOG shall install, at its sole cost and expense, a grease trap/interceptor to prevent FOG in excess of the limits established in this chapter from entering the sewer system. A commercial food service facility shall be defined as any establishment or operation that prepares or packages food or beverages for sale or consumption, on and off site, with the exception of private residences. Food service facilities include, but are not limited to, restaurants, cafes, lunch counters, cafeterias, bars and clubs, hotels, hospitals, sanitariums, factory or school kitchens, food packagers, food manufacturers, grocery stores, bakeries, long-term care facilities, religious institutions and any other establishment where FOG in excess of the Borough's established limits are introduced into the sewer system.

Existing commercial food service facilities that are required by this section to install a grease trap/interceptor shall complete construction and have said grease trap/interceptor in full operating within one month of the date of enactment of this section.

The property owner and/or tenant of each commercial food service facility shall submit documentation to the Borough on or before July 30 and January 30 of each calendar year that the grease trap/interceptor was cleaned during the prior six months. Said certification shall include a manifest sheet from the contractor that performed the cleaning noting the date(s) of the cleaning(s) and the name of the receiving facility where the grease trap/interceptor contents were disposed. Grease traps/interceptors shall be inspected by the Borough on or before January 30 and July 30 of each calendar year.

Grease traps/interceptors for each commercial food service facility shall be sized in accordance with current standards outlined within the Uniform Construction Code as adopted by the Borough. The sizing must be certified by a licensed contractor and installed by a licensed master plumber. Existing water consumption records for the facility shall be accounted for when sizing the grease trap/interceptor. Grease traps/interceptors shall be operated and maintained in accordance with the manufacturer's instructions, and shall be serviced quarterly or as deemed necessary by the Borough Code Enforcement Officer. All grease traps/interceptors shall be maintained by the property owner and/or tenant, at his own expense, and shall be kept in continuous and efficient operation at all times.

If a grease trap/interceptor, as required under this section, is not installed, or malfunctions occur due to lack of maintenance, lack of cleaning or any other reason, and said lack of installation or failure shall cause blockage, sewer backups, sewer overflows or any other damage or interference with the operation of the sewer system, then the property owner and/or tenant shall be responsible to pay for all costs, pumping costs, engineering fees, legal fees and administrative fees.

The Borough shall have the right to inspect any grease trap/interceptor at any time to ensure that the systems are in working order and that the systems are being properly cleaned and maintained. A minimum of two inspections shall be completed each calendar year to coincide with the January 30 and July 30 submission of documentation. The property owner and/or tenant shall keep all maintenance records for the grease trap/interceptor at the site, and said records shall be presented to the Borough upon request at the time of each inspection. The property owner and/or tenant shall pay to the Borough an inspection fee for each grease trap/interceptor inspection by the Borough, together with any and all costs and expenses incurred by the Borough in connection with such inspection. The grease trap/interceptor inspection fee shall be established by resolution of the Borough from time to time.

Any person who violates or permits a violation of this section shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each subsection of this section that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this section in equity in the Court of Common Pleas of Berks County.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 363-22 Industrial waste permit.

[Amended 6-15-2004 by Ord. No. 898]

The admission into the sewer system of any waters or wastes:

Having a BOD greater than 200 mg/l; or

Containing more than 300 mg/1 of suspended solids; or

Containing more than 500 mg/1 of dissolved solids; or

Containing any quantity of substances having the characteristics described in Subsection A(3) of this section; or

Having an average daily flow greater than 10% of the sewage treatment plant capacity,

shall require approval of the Council and the Authority in the form of an industrial waste permit.

Prior to discharging said waste to the sewer system, or prior to continuing the discharge of said waste to the sewer system, the owner of the property from which said discharge is proposed to be made shall apply to the Council, in writing, for a permit to make such discharge.

Application for industrial waste permit.

Such application shall be made on industrial waste permit application forms furnished by Council. Said forms shall contain all pertinent data including, but not limited to:

Identifying information. The name and address of the facility, including the name of the operator and owner.

Environmental permits. A list of any environmental control permits held by or for the facility.

Description of operations. A brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from any regulated processes.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(3).

Measurement of pollutants.

The categorical pretreatment standards applicable to each regulated process.

The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the Borough or the Authority) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 CFR 136.

[3]

Sampling must be performed in accordance with procedures set out in 40 CFR 136.

Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards, if applicable, are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable standard. A compliance schedule pursuant to this section must meet the following requirements:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer; completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation);

No increment referred to above shall exceed nine months;

[3]

The user shall submit a progress report to the Borough or the Authority no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

[4]

In no event shall more than nine months elapse between such progress reports to the Borough or the Authority.

Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, our could accidentally or intentionally be, discharged to the POTW;

(i)

Number and type of employees, hours of operation and proposed or actual hours of operation;

(j)

Each product produced by type, amount, process or processes and rate of production;

(k)

Type and amount of raw materials processed (average and maximum per day);

(l)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation, and all points of discharge;

(m)

Time and duration of discharges; and

(n)

Any other information as may be deemed necessary by the Borough or the Authority to evaluate the wastewater discharge permit application.

(o)

An application fee as established from time to time by resolution of the Council, to be paid upon submitting a completed permit application.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application, signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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/or imprisonment for known violations."

The industrial waste permit application forms shall be competently completed and returned to Council. Council shall forward the application to the Authority for review and approval. If the proposed discharges are deemed acceptable for treatment, the application shall be reviewed by Council to determine the possibility of damages to the sewer system. Only upon approval of both the Authority and the Council will an industrial waste permit be issued and the discharge be allowed.

Where necessary, in the opinion of Council and the Authority, the property owner shall provide, at his expense, a wastewater survey analysis and report by a registered professional engineer acceptable to Council and the Authority.

Preliminary treatment or handling facilities.

Where required, in the opinion of the Council and the Authority, any person seeking to discharge a waste to the sewer system deemed unacceptable by Council and the Authority shall provide at his own expense such preliminary treatment or handling as may be necessary to:

Reduce BOD to 200 ppm, suspended solids to 300 ppm, and dissolved solids to 500 ppm, or

Modify the objectionable characteristics or constituents to come within the maximum limits provided for in this chapter, or

Control the quantities and rates of discharges of such waters or wastes over a twenty-four-hour day and a seven-day week.

Plans, specifications and any other pertinent information relating to proposed preliminary treatment or handling facilities shall be submitted for the approval of the Council and the Authority, and no construction of such facilities shall be commenced until written approval is obtained.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the property owner at his expense. Council and the Authority and/or their authorized representatives shall have continuous access to any preliminary treatment facilities for inspection. Discharge from said facilities shall be subject to the requirements of all applicable codes, ordinances, laws and regulations.

Industrial waste permits shall remain in effect for a period not to exceed five years so long as the type of waste remains unchanged. Any person discharging wastes covered by an industrial waste permit and who contemplates a change in the method of operation or other factors which will alter the type of waste then being discharged into the sewer system shall apply for a new industrial waste permit at least 30 days prior to such a change.

Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are reasonably deemed necessary by the Borough or the Authority to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.

Wastewater discharge permits must contain the following conditions:

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years. Each wastewater discharge permit shall indicate a specific date upon which it will expire;

A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the Borough or the Authority, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits based on applicable pretreatment standards;

Self monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and

A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

Wastewater discharge permits may contain, but need not be limited to, the following special conditions:

Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

Other conditions as deemed appropriate by the Borough or the Authority to ensure compliance with this chapter, and state and federal laws, rules and regulations.

Wastewater discharge permit appeals. Any person, including the user, may petition the Council to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

In the event of an appeal, the Council shall conduct a hearing and decide the appeal as provided by administrative law and procedure. In the event, after hearing and decision, the appealing party wishes to make a further appeal, it may do so by filing an appropriate appeal to the Court of Common Pleas of Berks County within 30 days of the final order of the Council.

Wastewater discharge permit modification. The Borough or the Authority may modify the wastewater discharge permit for good cause including, but not limited to, the following:

To incorporate any new or revised federal, state or local pretreatment standards or requirements;

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the Borough or the Authority's POTW, Borough or the Authority personnel, or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

(6)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge 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 wastewater discharge permit; or

(9)

To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

Wastewater discharge permit transfer.

Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 60 days advance notice to the Borough and the Authority and the Borough and the Authority approves the wastewater discharge permit transfer. The notice to the Borough and the Authority must include a written certification by the new owner and/or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.

Wastewater discharge permit revocation.

Wastewater discharge permits may be revoked for, but not limited to, the following reasons:

Failure to notify the Borough and the Authority of significant changes to the wastewater prior to the changed discharge. For purposes of this requirement, significant changes include, but are not limited to, flow increases of 10% or greater, and the discharge of any previously unreported pollutants;

Failure to provide prior notification to the Borough and the Authority of a changed condition at least 30 days before the change;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the Borough or the Authority timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

(i)

Failure to pay sewer charges;

(j)

Failure to meet compliance schedules;

(k)

Failure to complete a wastewater survey or the wastewater discharge permit application;

(l)

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(m)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with this chapter, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. An application fee, as established from time to time by resolution of the Council, shall be submitted along with the completed permit application.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 363-23 Compliance monitoring.

[Added 6-15-2004 by Ord. No. 898]

Right of entry; inspection and sampling. The Borough and the Authority shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter, and any permit or order issued hereunder. Users shall allow the Borough and the Authority ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Borough and the Authority will be permitted to enter without delay for the purposes of performing specific responsibilities.

The Borough and the Authority shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Borough and the Authority may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at a minimum of semiannually to ensure their accuracy and certificates of calibration shall be sent to the Borough and the Authority.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Borough or the Authority and shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the Borough or the Authority access to the user's premises shall be a violation of this chapter.

Search warrants. If the Borough or the Authority has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Borough or the Authority designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Borough or the Authority may seek issuance of a search and/or seizure warrant from the Berks County Court.

§ 363-24 Enforcement remedies.

[Added 6-15-2004 by Ord. No. 898]

Notification of violation. When the Borough or the Authority finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Borough or the Authority may serve upon that user a written notice of violation. Within seven days of the receipt of said notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Borough and the Authority. Submission of said plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Borough or the Authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent orders. The Borough the Authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections D and E of this section and shall be judicially enforceable.

Show cause hearing. The Borough or the Authority may order a user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Borough or the Authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, postage prepaid, at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance orders. When the Borough or the Authority finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Borough or the Authority may issue an order to the user responsible for the discharge directing that the user come into compliance within 15 days. If the user does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease-and-desist orders.

When the Borough or the Authority finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Borough or the Authority may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency suspensions.

The Borough or Authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Borough or the Authority may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Borough or the Authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Borough or the Authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough and the Authority that the period of endangerment has passed, unless the termination proceedings in Subsection G of this section are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Borough and the Authority prior to the date of any show cause or termination hearing under Subsections C and G of this section.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Termination of discharge.

In addition to the provisions in § 363-20D of this chapter, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of its discharge;

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

Violation of the pretreatment standards in § 363-20 of this chapter.

§ 363-25 Determination of charges for strong wastes.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection C of this section why the proposed action should not he taken. Exercise of this option by the Borough or the Authority shall not be a bar to, or a prerequisite for, taking any other action against the user.

Injunctive relief. When the Borough or the Authority finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Borough or the Authority may petition the Berks County Court through the Borough or the Authority's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The Borough or the Authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

There shall be additional charges for industrial wastes having concentrations of BOD, suspended solids, dissolved solids and ammonia nitrogen in excess of the average concentration of these pollutants in normal domestic waste. Normal domestic waste shall be considered as having the following concentrations:

BOD: 200 mg/l.

Suspended solids: 300 mg/l.

Dissolved solids: 500 mg/l.

Ammonia nitrogen: 25 mg/l.

Strong waste surcharge formula.

In order to determine the additional charge for wastes with strength greater than that of domestic waste, the following formula shall be used:

S_Q = 0.00834 Q_I [(BOD_I - 200) TC_BOD + (SS_I - 300) TC_SS + (DS_I - 500) TC_DS + (NH₃N_I - 25) TC_NH3N]

Where:
	1)	S_Q is the quarterly surcharge to be added to the normal sewer rent.
	2)	0.00834 is a constant to convert waste concentrations expressed in mg/l to thousands of pounds of waste.
	3)	Q_I is the quarterly industrial waste flow expressed in million gallons.
	4)	BOD_I, SS_I, DS_I and NH₃N_I are the respective concentrations of BOD₅, suspended solids, dissolved solids and ammonia nitrogen of the industrial waste expressed in mg/l.
	5)	200, 300, 500 and 25 are constants which express the waste load concentrations in mg/l for normal domestic wastes.
	6)	TC_BOD is the treatment cost incurred by the Authority as updated annually per 1,000 pounds of BOD.
	7)	TC_SS is the treatment cost incurred by the Authority as updated annually per 1,000 pounds of suspended solids.
	8)	TC_DS is the treatment cost incurred by the Authority as updated annually per 1,000 pounds of dissolved solids.
	9)	TC_NH3N is the treatment cost incurred by the Authority as updated annually per 1,000 pounds of ammonia nitrogen.

When a value of BOD, suspended solids, dissolved solids, and/or ammonia nitrogen is less than the normal domestic waste concentration set forth in the strong waste surcharge formula, then the normal domestic waste concentration shall be used in the calculation of the strong waste surcharge. The Authority's consulting engineer shall update the surcharge formula annually prior to March 31 based upon actual Authority treatment plant data and the sewer operating budget. The Authority may add additional parameters to the strong waste surcharge formula as necessary.

Additional surcharges. The formula specified in Subsection B of this section is to determine additional charges or surcharges for the treatment of wastes having concentrations of BOD, suspended solids, dissolved solids and ammonia nitrogen in excess of those of domestic waste. It is, however, recognized that the discharge of any waste or other matter or substance containing any one of the prohibited substances listed in § 363-20 of this chapter may result in extraordinary laboratory, labor, maintenance and/or treatment expenses to the Borough and/or the Authority. Hence, in the event of the discharge of any waste or other matter or substance containing any one of the prohibited substances listed in § 363-20 of this chapter, the Borough and the Authority 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 strong waste surcharge as incurred under Subsection B of this section.

Method of payment of extra charges by industrial users. The strong waste surcharge shall be payable quarterly. The Borough or the Authority 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 or the Authority shall cause strong waste surcharge bills to be mailed forthwith following each reading.

The Borough shall cause periodic sampling of the wastewater discharged by each industrial user in accordance with this section.

The analysis of the sample shall be the basis for computing strong waste surcharges.

§ 363-26 Measurement of concentration of strong waste.

Bills for strong waste surcharges 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.

[Amended 9-21-1993 by Ord. No. 749; 6-15-2004 by Ord. No. 898]

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, dissolved solids, ammonia nitrogen and/or substances prohibited in § 363-20 of this chapter. Such sampling and inspection shall be made by the Borough of West Reading and/or the Joint Municipal Authority of Wyomissing Valley, Berks County, 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 § 363-25 of this chapter. The cost of such sampling (but not the testing thereof) shall be borne by the Borough of West Reading and/or the Joint Municipal Authority of Wyomissing Valley, Berks County. The cost of the testing of said sample shall be borne by the user. The results of the testing of samples and the findings of inspections, as herein referred to, shall be made available to the Borough of West Reading and the Joint Municipal Authority of Wyomissing Valley, Berks County.

The industry may request that samples be taken in addition to the normal periodic samples taken by the Borough. The cost of making this collection and analysis shall be paid by the industry.

All sampling shall be of a representative manner and shall be taken by a method approved by a registered professional engineer.

Sampling facilities shall be accessible to the Borough at all times.

The analysis of samples obtained shall be made in accordance with the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association.

When required by Council and the Authority, the owner of any property discharging industrial waste to 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 Council and the Authority. 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.

Council and the Authority and/or their duly authorized representatives shall at all reasonable times be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of these rules and regulations.

No provisions of these rules and regulations shall be construed as preventing any special arrangement or agreement between Council and any person whereby an industrial waste of unusual strength or character may be accepted by Council and the Authority for treatment, subject to payment therefor by the person concerned.

§ 363-27 Removal, transportation and disposal of sewage and industrial wastes.

[Amended 6-15-2004 by Ord. No. 898]

Any tank truck or any equipment used or intended to be used for the removal, transportation and disposal of sewage and industrial wastes shall conform to the following requirements:

The container shall be watertight.

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.

Piping, valves and permanent or flexible connections shall be accessible and easily disconnected for cleaning purposes.

The inlet opening, or opening to every container, shall be so constructed that the material will not spill outside during filling, transfer or transport.