[Ord. 678, 12/29/1992, § 3]
1.
The economy and desirability of the combined treatment of industrial
wastes and domestic wastes is recognized; however, not all types of
industrial wastes can be so treated. Hence, it shall be the established
policy of the Borough to accept those types and quantities of industrial
wastes which are not harmful or damaging to the structures, processes
or operation of the sewer system and/or sewage treatment works or
are not specifically prohibited by this Part.
2.
It is the purpose of this Part to provide for the recovery of costs
from users of the POTW for the implementation of the program established
herein. The applicable charges or fees shall be set forth in the schedule
of charges and fees.
3.
Charges and Fees.
A.
The Borough may adopt charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and operating
the pretreatment program.
(2)
Fees for monitoring, inspections and surveillance procedures.
(3)
Fees for reviewing accidental discharge procedures and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal of pollutants otherwise subject
to federal pretreatment standards.
(7)
Other fees as the Borough may deem necessary to carry out the
requirements contained herein.
B.
These fees relate solely to the matters covered by this Part and
are separate from all other fees chargeable by the Borough.
[Ord. 678, 12/29/1992, § 3]
1.
The discharge into the POTW of industrial wastes having any one or
more of the following characteristics shall be subject to prior review
and approval by the Borough:
A.
A five-day BOD5 greater than 250 mg/l.
B.
A suspended solids content greater than 250 mg/l.
C.
A dissolved solids content greater than 500 mg/l.
D.
A nitrogen (TKN) content greater than 40.0 mg/l.
E.
A phosphorus (total as P) content greater than eight and zero-tenths
mg/l.
F.
A COD content greater than 600 mg/l.
G.
A chlorine demand greater than 12 mg/l.
H.
An average daily flow greater than 5% of the average daily sewage
flow of the treatment works.
I.
An average daily organic leading (pounds of BOD per day) greater
than 5% of the average daily organic loading of the treatment works.
J.
Any quantity of substances possessing characteristics described in
Part 2B.
K.
Having been discharged from an industrial user as defined in this
Part.
2.
The approval of the Borough shall be called an "industrial waste
discharge permit."
3.
It shall be unlawful to discharge without a permit to any natural
outlet within the Borough or in any area under the jurisdiction of
said Borough and/or to the POTW any wastewater except as authorized
by the Borough in accordance with the provisions of this Part.
[Ord. 678, 12/29/1992, § 3]
1.
Permit Required; Application.
A.
All significant users proposing to connect to or to contribute to
the POTW shall obtain an industrial waste discharge permit before
connecting to or contributing to the POTW. All existing significant
users connected to or contributing to the POTW shall obtain an industrial
waste discharge permit within 180 days after the effective date of
this Part.
B.
Users required to obtain an industrial waste discharge permit shall
complete and file with the Borough an application in the form prescribed
by the Borough and accompanied by a nonrefundable application fee
payable to the Borough. Existing users shall apply for an industrial
waste discharge permit within 30 days after the effective date of
this Part, and proposed new users shall apply at least 90 days prior
to connecting to or contributing to the POTW. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information:
(1)
Name, address and location (if different from the address).
(2)
SIC number according to the current Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including but not
limited to those mentioned in Part 2B of this Part as determined by
a reliable analytical laboratory. Sampling and analysis shall be performed
in accordance with procedures established by the EPA pursuant to § 304(g)
of the Act and contained in 40 CFR 136, as amended.
(4)
Time and duration of contribution.
(5)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation, as applicable to secure adequate samples.
(7)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged.
(8)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by the Borough, state or federal
pretreatment standards and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance (O&M) and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards.
(9)
If additional pretreatment and/or O&M will 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.).
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Borough or its designee, including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay and the steps being taken by the
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Borough or its designee.
(10)
Each product produced by type, amount, process or processes
and rate of production.
(11)
Type and amount of raw materials processed (average and maximum
per day).
(12)
Number and type of employees and hours of operation of plant
and proposed or actual hours of operation of the pretreatment system.
(13)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application.
C.
The Borough will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Borough may issue an industrial waste discharge
permit subject to terms and conditions provided herein.
2.
Permit Modifications. Within 90 days of the promulgation of a National Categorical Pretreatment Standard, the industrial waste discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for an industrial waste discharge permit as required by Part 2C, the user shall apply for an industrial waste discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial waste discharge permit shall submit to the Borough, within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by Subsection 1B(8) and (9).
3.
Permit Conditions. Industrial waste discharge permits shall be expressly
subject to all provisions of this Part and all other applicable regulations,
user charges and fees established by the Borough. Permits may contain
the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents and characteristics.
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge reports.
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Borough and affording
the Borough or its designee access thereto.
I.
Requirements for notification to the Borough of any proposed 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. The approval or denial of the
introduction of any new constituents or substantial change in volume
or character of the wastewater by the Borough must be obtained prior
to the discharge initiation.
J.
Requirements for notification of slug discharges.
K.
Other conditions as deemed appropriate by the Borough to ensure compliance
with this Part.
4.
Permit Duration. Permits shall be issued for a specified time period,
not to exceed three years. A permit may be issued for a period less
than 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 during
the term of the permit as limitations or requirements are modified
or other just cause exists. The user shall be informed of any proposed
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. Permits confer no vested
rights and are subject to change by the Borough, without hearing,
subject to time limits set herein.
5.
Permit Transfer. Industrial waste discharge permits are issued to
a specific user for a specific operation. An industrial waste 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.
[Ord. 678, 12/29/1992, § 3]
1.
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 Borough 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.
The statement must be accompanied by the federally required certification
statement.
2.
Periodic Compliance Reports.
A.
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 Borough during the months of June and December, unless required
more frequently in the pretreatment standard or by the Borough, a
report indicating the nature and concentration of pollutants in the
effluent which are limited by such pretreatment standards. In addition,
this report shall include a record of all daily flows which during
the reporting period exceeded the average daily flow reported in this
section. At the discretion of the Borough and in consideration of
such factors as local high or low flow rates, holidays, budget cycles,
etc., the Borough may agree to alter the months during which the above
reports are to be submitted. This report shall be signed by an authorized
representative of the industrial user and accompanied by the federally
required certification statement.
B.
The Borough may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection 2A 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 Borough, 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 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.
[Ord. 678, 12/29/1992, § 3]
1.
The Borough shall require, to be provided and operated at the user's
own expense, monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises, but the Borough may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
2.
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.
3.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Borough's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Borough.
[Ord. 678, 12/29/1992, § 3; as amended by Ord.
810, 12/17/2007]
1.
The Borough shall inspect the facilities of any user to ascertain
whether the purpose of this Part is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Borough or its representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, examination of or copying
of records or in the performance of any of their duties. The Borough,
approval Authority and (where the NPDES state is the approval Borough)
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 its premises, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification,
personnel from the Borough, Approval Borough and EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
2.
Acceptance of the discharge permit pursuant to this Part and the
regulations promulgated hereunder shall constitute a waiver of objections
to any entrance upon or inspections of the user's premises as
provided in this Part.
[Ord. 678, 12/29/1992, § 3]
1.
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,
quantities and types of discharges shall be submitted to the Borough
for review and shall be acceptable to the Borough before construction
of the facility. The review of such plans and operating procedures
will in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to the
Borough under the provisions of this Part. Any subsequent changes
in the pretreatment facilities, method of operation, quantity or characteristic
of discharge shall be reported to and be approved by the Borough prior
to the user's initiation of the changes. The Borough shall comply
with the public participation requirements of 40 CPR 25 in the enforcement
of national pretreatment standards. These procedures shall include
provision for at least annually providing public notification, in
the largest daily newspaper published in the municipality in which
the POTW is located, of industrial users which, during the previous
12 months, were significantly violating applicable pretreatment standards
or other pretreatment requirements. For the purposes of this provision,
a "significant violation" is a violation which remains uncorrected
45 days after notification of noncompliance; which is part of a pattern
of noncompliance over a twelve-month period; which involves a failure
to accurately report noncompliance; or which resulted in the POTW
exercising its emergency authority under federal rules and regulations,
§ 403.8(f)(1)(iv)(B), which states: "A POTW pretreatment
program shall require the submission of all notices and self-monitoring
reports from industrial users as are necessary to assess and assure
compliance by industrial users with pretreatment standards and requirements."
2.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval Borough upon
request.
[Ord. 678, 12/29/1992, § 3]
1.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency as provided
by law.
2.
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. Immediate and
unlimited access shall be made available to EPA and other governmental
agencies for uses related to this Part, the National Pollutant Discharge
Elimination System (NPDES) permit, the 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.
3.
Information accepted by the Borough as confidential shall not be
transmitted to any governmental agency or to the general public by
the Borough until and unless a ten-day notification is given to the
user.
[Ord. 678, 12/29/1992, § 4]
1.
Industrial Waste Surcharges. There shall be additional charges for
industrial wastes having concentrations of BOD, suspended solids,
dissolved solids, nitrogen and phosphorus in excess of the average
concentration of these pollutants in normal domestic waste. Normal
domestic waste shall be considered as having the following concentrations:
2.
Surcharge Formula.
A.
In order to determine the additional charge for industrial wastes
with strength greater than that of domestic waste, the following formula
shall be used:
|
SQ = 0.00834QI[(BODI - 250)TCBOD +
(SSI - 250)TCSS + (DSI - 500)TCDS + (NI - 40.0)TCN + (PI -
8.0)TCP]
|
|
Where:
| |||||
|
(1)
|
SQ
|
=
|
The quarterly surcharge to be added to the normal sewer rent.
| ||
|
(2)
|
0.00834
|
=
|
A constant to convert waste concentrations, expressed in mg/l,
to thousands of pounds of waste.
| ||
|
(3)
|
QI
|
=
|
The quarterly industrial waste flow, expressed in million gallons.
| ||
|
(4)
|
BODI, SSI, DSI, NI and PI
|
=
|
The respective concentrations of BOD5, suspended solids, dissolved solids, nitrogen (TKN) and phosphorus
(total as P) of the industrial waste, expressed in mg/l.
| ||
|
(5)
|
250, 250, 500, 40 and 8.0
|
=
|
Constants which express the waste load concentrations in mg/l
for normal domestic wastes.
| ||
|
(6)
|
TCBOD
|
=
|
The treatment cost incurred by the Borough as updated annually
per 1,000 pounds of BOD.
| ||
|
(7)
|
TCSS
|
=
|
The treatment cost incurred by the Borough as updated annually
per 1,000 pounds of suspended solids.
| ||
|
(8)
|
TCDS
|
=
|
The treatment cost incurred by the Borough as updated annually
per 1,000 pounds of dissolved solids.
| ||
|
(9)
|
TCN
|
=
|
The treatment cost incurred by the Borough as updated annually
per 1,000 pounds of nitrogen.
| ||
|
(10)
|
TCP
|
=
|
The treatment cost incurred by the Borough as updated annually
per 1,000 pounds of phosphorus.
| ||
B.
When a value of BOD, suspended solids, dissolved solids, nitrogen and/or phosphorus is less than the normal domestic waste concentration as established under Subsection 1, "Industrial Waste Surcharges," then the normal domestic waste concentration shall be used in the calculation of the industrial waste surcharge.
3.
Additional Surcharges. The formula specified in Subsection 2 hereof is to determine additional charges or surcharges for the treatment of industrial wastes having concentrations of BOD and suspended solids in excess of those of domestic waste. It is, however, recognized that the discharge of any waste or other matter which contains any one or more of the prohibited substances listed in § 18-211 may result in extraordinary laboratory, labor, maintenance and/or treatment expenses to the Borough. Hence, in the event of the discharge of any industrial waste or other matter or substance containing any one of the prohibited substances listed in § 18-211, the Borough shall have the power to assess the owner of the property from which such discharge is made penalties as described in § 18-242 in addition to the normal sewer rental and/or any industrial waste surcharge as incurred under Subsection 2 hereof.
4.
Methods of Payment of Extra Charges by Industrial Users. The industrial
waste surcharge shall be payable quarterly. The Borough shall cause
the water meter of each industrial user where the wastewater flow
determination is based upon metered water consumption, and the wastewater
meter where the wastewater flow determination is based upon wastewater
flow measurement, to be read on a quarterly basis, and the Borough
shall cause industrial waste surcharge bills to be mailed forthwith
following each reading.
A.
The Borough shall cause periodic sampling of the wastewater discharged by each industrial user in accordance with § 18-230.
B.
The analysis of the sample shall be the basis for computing industrial
waste surcharges.
C.
Bills for industrial waste surcharge shall be mailed to the owner's
address specified on the industrial waste discharge permit. Failure
to receive a bill as a result of incorrect address or otherwise shall
not excuse nonpayment of charges or extend the time for payment.
5.
New Industrial Users. A new industrial user is one which connects
to the treatment works after the effective date of this section. Industrial
waste surcharge payments by a new industrial user shall begin on the
date treatment works use is initiated and continue indefinitely.
6.
Discontinuance of Use. If an industrial user discontinues use of
the treatment works, its payment for industrial waste surcharges shall
cease.
7.
Administrative Appeal Procedure; Hearing Board. Industrial users
may appeal the reasonableness of the allocations and industrial waste
surcharge assessments imposed upon them. Industrial users making such
an appeal shall so notify the Borough in writing. A hearing board
shall be appointed, and an administrative hearing shall then be conducted.
The industrial user shall be given the opportunity to present evidence
and testimony before the board supporting its appeal.
[Ord. 678, 12/29/1992, § 5]
1.
Industrial Waste Sampling.
A.
Industrial wastes being discharged into the sewer system shall be subject to sampling and inspection to be used as a basis for determining additional charges due to excessive concentrations of BOD, suspended solids, dissolved solids, phosphorus and/or substances prohibited in § 18-211. Such sampling and inspection shall be made by the Borough as frequently as may be deemed necessary. The analysis of the sample so obtained shall be the basis for computing additional charges in accordance with § 18-229. The cost of such sampling (but not testing thereof) shall be borne by the Borough. The cost of testing said sample shall be borne by the user.
B.
The industry may request that samples be taken in addition to the
samples taken by the Borough. The cost of making this collection and
analysis shall be borne by the user.
C.
Samples and the analysis of samples obtained shall be made in accordance
with the latest edition of "Standards Methods for the Examination
of Water and Sewage" published by the American Public Health Association.
2.
Control Manhole.
A.
When required by the Borough, the owner of any property discharging
industrial waste into the sewer system shall install a suitable control
manhole, together with such necessary meters and other appurtenances,
in the building sewer to facilitate observation, sampling and measurement
of the waste. Such manhole, when required, shall be accessible and
safely located and shall be constructed in accordance with plans approved
by the Borough. The manhole shall be installed by the property owner,
at his expense, and shall be maintained by him so as to be safe and
accessible at all times.
B.
The Borough and/or its duly authorized representatives shall be permitted
to enter upon all properties for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this Part.
[Ord. 678, 12/29/1992, § 6]
1.
Whenever a person purchasing his entire water supply from a water
purveyor discharges only industrial waste into the sewer system, the
volume of water purchased may be used as a measure of the quantity
of industrial waste discharged.
2.
Whenever a person purchasing his entire water supply from a water
purveyor discharges combined domestic waste and industrial waste into
the sewer system, the volume of water purchased chargeable as industrial
waste shall be the total volume of water purchased less the volume
determined to be domestic waste. The domestic waste shall be determined
by the Borough in either of the following two ways:
3.
Whenever a person purchasing his entire water supply from a water
purveyor and discharging industrial waste into the sewer system also
discharges unpolluted cooling water to either a separate storm sewer
or other outlet, an allowance for the amount of water so discharged
shall be made in computing the sewer charges. The person so discharging
cooling water shall, at his own expense, install a meter or meters,
as required, to indicate accurately and to the satisfaction of the
Borough the amount of water claimed as a credit.
4.
Whenever a person using a private water supply discharges industrial wastes into the sewer system, the charges for such discharge shall be in accordance with § 18-229. Such person, however, shall install at his expense a suitable meter or meters, as may be required by the Borough, to measure the total volume of water used in the industrial plant or shall install, at his expense, a meter on the sewer line leaving the plant so as to measure the entire flow of waste discharged into the sewer system. No meter for measurement either of the water or sewage shall be installed until a plan for such installation is submitted to the Borough or its designated representative and approved as satisfactory. All meters or other measuring devices installed or required to be used under the provisions of this Part shall be tested, inspected or repaired as required by the Borough. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the property owner's expense.
5.
The Borough shall be responsible for the reading of water and/or
sewage meters when installed in industrial establishments within its
jurisdiction. All meters shall be installed at a location approved
by the Borough. All meters shall be accessible to the Borough at all
times.
[Ord. 678, 12/29/1992, § 7]
The Borough shall have the right of access to any part of any
improved property served by the POTW as shall be required for purposes
of inspection, measurement, sampling and testing and for performance
of other functions relating to service rendered by the Borough through
the POTW.
