Township of Spring, PA WASTEWATER COLLECTION AND TREATMENT

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

To provide for equitable distribution of the cost of the municipal wastewater system.

This subpart provides for the regulation of direct and indirect contributors into the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This subpart shall apply to all persons who are, by contract or agreement, users of the Borough of Bellefonte's publicly owned treatment works. This subpart shall be enforced by the Spring-Benner-Walker Authority, under an intermunicipal agreement [subpart A].

Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this subpart shall have the meanings hereinafter designated.

Specific Terms.

ACT OR THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.

APPROVAL AUTHORITY

The director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state of NPDES state without an approved state pretreatment program.

AUTHORITY

Spring-Benner-Walker Joint Authority.

An authorized representative of an industrial user may be: (1) a principal executive officer of at least the level of vice president, if the industrial user is a corporation; (2) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration (milligrams per liter (mg/l)).

BOROUGH

The Borough of Bellefonte.

BOROUGH AUTHORITY

Borough of Bellefonte Borough Authority.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW (see definition of "publicly owned treatment works" (POTW)).

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards, or pretreatment standard.

CONTROL AUTHORITY

Shall refer to the "approved authority," defined hereinabove; or, the Superintendent if the Borough has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigerators, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

ENVIRONMENTAL PROTECTION AGENCY OR EPA

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.

GRAB SAMPLE

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.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump trucks.

INDIRECT DISCHARGE

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).

INDUSTRIAL USER

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)

INTERFERENCE

The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Borough's 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.

NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD

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.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD

Any regulations developed under the authority of § 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 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 the proposal in the Federal Register. Where the standard is promulgated later than 120 days after the proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen expressed in grams per liter of solution.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT OR TREATMENT

The reduction of the amount of pollutant, the elimination of the 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 by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a National pretreatment standard imposed on an industrial year.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the Bellefonte Borough Authority. This definition includes any sewers or other conveyances not connected to a facility providing treatment. For the purposes of this subpart, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough's POTW.

SHALL

Is mandatory; may is permissive.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the Borough's wastewater disposal system who (1) has a discharge flow of 25,000 gallons or more per average work day; or, (2) has a flow greater than 5% of the flow in the Borough's wastewater treatment system; or, (2) has in his wastes toxic pollutants as defined pursuant to § 307 of the Act of (State) Statutes and rules; or, (4) is found by the Borough, (State Control Agency) or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT OR BOROUGH MANAGER

The person designated by the Borough to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this subpart, or his duly authorized representative.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

TOWNSHIP

The Township of Spring.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the Borough's POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER CONTRIBUTION PERMIT

As set forth in this subpart.

WATERS OF THE STATE

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.

Abbreviations. The following abbreviations shall have the designated meanings:

	BOD	Biochemical Oxygen Demand
	CFR	Code of Federal Regulations
	COD	Chemical Oxygen Demand
	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.
	USC	United States Code
	TSS	Total Suspended Solids

§ 18-232 Regulation.

[Ord. 49, 10/6/1986, Art. 2]

General Discharge Prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other National, State or local pretreatment standards or requirement. A user may not contribute the following substances to any POTW:

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, detones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the Borough, the State or EPA has notified the user is a fire hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or glass grinding or polishing wastes.

Any wastewater having a pH less than 5.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Act.

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

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 a 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.

Any substance which will cause the POTW to violate its NPDES and/or State disposal system permit or the receiving water quality standards.

(8)

Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

(9)

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 exceeds 40° C. (104° F.) unless the POTW treatment plant is designed to accommodate such temperature.

(10)

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 concentrations or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.

(11)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable State of Federal regulations.

(12)

Any wastewater which causes a hazard to human life or creates a public nuisance.

When the Superintendent determines that 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 superintendent shall: (1) advise the user(s) of the impact of the contribution of the POTW; (2) develop effluent limitation(s) for such user to correct the interference with the POTW; (3) advise the Spring-Benner-Walker Authority to give such notices, improve such limitations, or take such enforcement actions as may be necessary.

Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industry subcategory, the Federal standard, if more stringent than limitations imposed under this subpart for sources in that subcategory, shall immediately supersede the limitations imposed under this subpart. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

Modification of Federal Categorical Pretreatment Standards. Where the Borough's wastewater treatment system 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 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.

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 subpart.

Township's Right of Revision. The Township reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 18-331, Subsection 1B, of this subpart.

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. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in § 18-331, Subsection 3, e.g. the pH prohibition).

Accidental Discharges. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subpart. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's 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, 1983. No users shall commence contribution to the POTW of effect pollutants into the system until accidental discharge procedures have been approved by the Borough and the Spring-Benner-Walker Authority. 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 subpart.

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 article or other applicable law.

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.

§ 18-233 Fees.

[Ord. 49, 10/6/1986, Art. 3]

Purpose. It is the purpose of this subpart to provide for the recovery of costs from users of the Borough's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the schedule of charges and fees which is attached hereto as Schedule A.[1]

[1]

Editor's Note: Schedule A is on file in the Township offices.

Charges and Fees.

The Authority may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Borough's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

Fees for consistent removal of pollutants otherwise subject to Federal pretreatment standards.

Other fees as the authority may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this subpart and are separate from all other fees chargeable by the authority.

§ 18-234 Administration.

[Ord. 49, 10/6/1986, Art. 4]

Wastewater Discharges. It shall be unlawful to discharge without a Borough permit to any natural outlet within the Township of Walker, or in any area under the jurisdiction of said authority, and/or to the POTW any wastewater except as authorized by the superintendent in accordance with the provisions of this subpart.

Wastewater Contribution Permits.

General Permits. 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 subpart.

Permit Application. 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 of $100. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this subpart, and proposed new users shall apply at lest 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:

Name, address and location, (if different from address).

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics including, but not limited to, those mentioned in § 18-232 of this subpart as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended.

Time and duration of contribution.

Average daily and 30 minutes peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

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, authority 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 to the user to meet applicable pretreatment standards.

(9)

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 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.).

(b)

No increment referred in Subsection 2B(9)(a) above shall exceed nine months.

(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 superintendent including, as a minimum, whether or not it complied with the increment of progress, the reason for delay, and the steps being taken by the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.

(10)

Each product 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.

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.

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 reviewed 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 Subsection 2B, 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 superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 18-334, Subsection 2B(8) and (9).

Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subpart and all other applicable regulations, user charges and fees established by the Authority and Borough. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Limits on average and maximum rates and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for test and reporting schedule.

Compliance schedules.

Requirements for submission of technical reports or discharge reports (see Subsection 3 below).

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Borough, and affording Borough access thereto.

(9)

Requirements for notification of 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.

(10)

Requirements for notification of slug discharges as per § 18-335, Subsection 2.

(11)

Other conditions as deemed appropriate by the authority and the Borough to ensure compliance with this subpart.

Permits Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a 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 Authority during the term of the permit as limitations or requirements as identified in § 18-332 are modified or other just cause exists. The user shall be informed of any proposed changes 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 not to exceed 180 days which may be extended for good cause by the Borough Council.

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.

Reporting Requirements for Permittee.

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.

Periodic Compliance Reports.

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 and authority during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent and authority, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. In addition, the report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Subsection A of this Subsection 3. At the discretion of the superintendent and authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent and authority may agree to alter the months during which the above reports are to be submitted.

The superintendent and the authority 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 1B(1) of this section, 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 and the authority 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 analysis shall be performed in accordance with procedures established by the administrator pursuant to § 304(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. In the event 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 thereof, or with any other sampling and analytical procedures approved by the administrator.

Monitoring Facilities.

The Borough and authority 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 be normally be situated on the user's premises, but the Borough and/or the authority 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.

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.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Township's requirement and all applicable local construction standards and specification. Construction shall be completed within 90 days following written notification by the Township.

Inspection and Sampling. The Borough or the authority shall inspect the facilities of any user to ascertain whether the purpose of this subpart is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the authority and 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 authority, Borough, approval authority and/or 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 authority, Borough, approval authority and/or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Pretreatment.

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 Authority and/or Borough changes under the provisions of this subpart. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the authority and/or Borough prior to the user's initiation of the changes.

The authority shall annually publish in the Centre Daily Times newspaper or other newspaper of general circulation in the Township a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

Confidential Information.

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 without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the authority and the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

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 subpart, 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.

Information accepted by the authority and Borough as confidential shall not be transmitted to any governmental agency or to the general public by the authority or the Borough until and unless a ten-day notification is given to the user.

§ 18-235 Enforcement.

[Ord. 49, 10/6/1986, Art. 5]

Harmful Contributions.

The authority and Borough may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the authority and/or 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.

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 authority 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 authority and the Borough shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of occurrence.

Revocation of Permit. Any user who violates the following conditions of this subpart, or applicable State and Federal regulations, is subject to having his permit removed in accordance with the procedures of this section:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge.

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics.

Refusal of reasonable access to the user's premises for the purposes of inspection or monitoring.

Violation of conditions of the permit.

Notification of Violation. Whenever the authority and/or Borough finds that any user has violated or is violating this Part, wastewater contribution permit or any prohibition, limitation or requirements contained herein, the authority may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Borough and the authority by the user.

Show Cause Hearing.

The authority may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the authority board 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 authority board regarding the violation, the reasons why the action is to 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.

The authority board may itself conduct the hearing and take the evidence, or may designate any of its members or any officer of employee of the assigned department to:

Issue in the name of the authority notice of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.