[Ord. 683, 11/8/1989, § 1]
1. 
This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system owned and operated by the Borough, to effect compliance with applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403). At the time of the enactment hereof, Stroudsburg Borough operates the wastewater collection and treatment systems, and so long as Stroudsburg Borough continues to do so, where the context refers to operations, this meaning shall be supplied.
2. 
The objectives of this Part are:
A. 
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 or otherwise be incompatible with the system.
B. 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system inadequately treated into receiving water or the atmosphere.
C. 
To improve the opportunity to recycle and reclaim wastewater and sludges from the system.
D. 
To provide for equitable distribution of the cost for the implementation of the Borough's Municipal Industrial Pretreatment Program.
3. 
This Part provides for the regulation of direct and indirect contributors to 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 each 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.
4. 
Nothing contained in this Part shall be construed as preventing any special agreement or arrangement between the Borough and significant users within or out of the Borough, whereby a waste of unusual strength or character may be accepted by the Borough by special agreements, in writing, executed prior to such acceptance, containing safeguards, limitations, and conditions acceptable to the Borough and in conformance with minimum EPA pretreatment requirements.
5. 
The citation of statute law, regulatory law, executive order or any official act includes any amendments thereto and includes enactments, regulations, or executive orders which supplant the citations stated.
[Ord. 683, 11/8/1989, § 2]
1. 
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases as used in this Part shall have the meanings hereinafter designated:
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, or the Administrator of the EPA in a non-NPDES state, or the Director in an NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER
An authorized representative of a significant user may be a principal executive officer of at least the level of vice president if the significant user is a corporation; a general partner or proprietor if the significant user is a partnership or proprietorship, respectively; 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; or any governmental entity within the Borough. The signature must conform to requirements set forth in 40 CFR 403.12(1).
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
Stroudsburg Borough, Monroe County, Pennsylvania.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standards.
CONTROL AUTHORITY
The term "control authority," as 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 refrigeration, 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 (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 TANKS WASTES
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
IMPROVED PROPERTY
Any property within the Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure wastewater shall be or may be discharged.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants into the POTW, including holding tank waste discharged into the system as outlined in 40 CFR 403.3(g) and Sections 30(b), (c), and (d) of the Act.
INDUSTRIAL USER
An industrial source of indirect discharge.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations or its sludge operations which contributes to a violation of any requirement of the Borough's NPDES permit. The term includes prevention of sewage sludge use, sludge processes, or disposal by the POTW in accordance with Section 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 STANDARDS OR PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 131 and 40 CFR Chapter I, Subchapter N, or 40 CFR Parts 401-471), which applies to a specific industry.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1317).
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
Any source, the construction of which is carried out at a site at which no other source is located, or the construction totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or the production or wastewater generating processes of the constructed facility are substantially independent of an existing source at the same site [and in any event, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) Categorical Pretreatment Standard which will be applicable to such sources, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.]
NITROGEN AMMONIA (NH3-N)
The quantity of ammonia nitrogen expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR Part 136.
NITROGEN TOTAL KJELDAHL (TKN)
The quantity of total kjeldahl nitrogen (TKN) expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR Part 136.
OCCUPIED BUILDING
Any structure for continuous or periodic human occupancy from which sanitary sewage is or may be discharged, and includes, without limiting the generality of the foregoing, dwellings, flats, apartments, stores, shops, offices, and business or industrial establishments.
OWNER
Any person vested with ownership, legal or equitable, sole or partial of any improved property.
PASS THROUGH
A discharge which exits the POTW into waters of the United states in quantities which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, government entity, any other legal entity or any of their legal representatives, agents or assigns. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution.
PHOSPHATE (PO4 AS P)
The quantity of phosphate ion (PO4), expressed in terms of weight and concentration (milligrams per liter) as phosphorus and determined by an analytical method outlined in 40 CFR Part 136.
POLLUTANT
Any dredged soil, 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, including any improvements, enlargements, and modifications thereto.
PRETREATMENT OR TREATMENT
The reduction of the amount of pollutants, the elimination of 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 by process changes, or by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT STANDARDS
Any substantive or procedural requirement related to pretreatment other than a National Pretreatment Standard imposed on a significant user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
The treatment works, as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the Borough and Stroud Township. This definition includes any sewers of the Borough that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment.
SEWER
Any pipe or conduit constituting a part of the POTW used or usable for sewage collection services.
SHALL
Is mandatory; MAY is permissive.
SIGNIFICANT USER
Any nonresidential user of the Borough's wastewater disposal system who has a discharge flow of 25,000 gallons or more per average workday; or has a flow greater than 5% of the flow in the Borough's wastewater collection and treatment system; or has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act or Pennsylvania statutes and rules; or is found by the Borough, Pennsylvania Department of Environmental Resources (DER), or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing significant users, 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
State of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT
The superintendent of the wastewater treatment plant who is charged by the Borough with certain duties and responsibilities by this Part, or his duly authorized representative, deputy, or agent.
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.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision of CWA 307(a) or other acts.
USER
Any person who contributes, causes, or permits the contribution of wastewater into the POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. (See § 18-108 for prohibited substances.)
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulation 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.
2. 
Abbreviations. The following abbreviations shall have the designated meanings:
ASTM
American Standard Testing Methods
CFR
Code of Federal Regulations
CWA
Clean Water Act
DER
Pennsylvania Department of Environmental Resources
EPA
U.S. Environmental Protection Agency
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
O&M
Operation and Maintenance
POTW
Public Owned Treatment Works
SIC
Standard Industrial Classification
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
USC
United States Code
TKN
Total Kjeldahl Nitrogen
TSS
Total Suspended Solids
WPCF
Water Pollution Control Federation
[Ord. 683, 11/8/1989, § 2]
In the event that any provision, section, sentence, clause or part of this Part shall be held invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause, or part of this Part. It is the intent of this Borough that such remainder shall be and shall remain in full force and effect.
[Ord. 683, 11/8/1989, § 2]
1. 
Notification. Whenever the Borough finds that any user or significant user has violated or is violating this Part, his user permit or significant user permit, or any prohibition, limitation of requirements contained herein, the Borough 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 by the user or significant user.
2. 
Harmful Discharges; Permit Suspensions.
A. 
The Borough may suspend a user permit or a significant user permit whenever such suspension is necessary in the opinion of 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 or to the environment, or causes interference to the POTW, or causes the Borough to violate any condition of its NPDES permit.
B. 
Any person notified of a suspension of his permit shall immediately stop or eliminate the discharge. Any person notified of a suspension of his permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Borough shall take steps as deemed necessary to prevent or minimize damage to the POTW system or endangerment to any individuals. The Borough shall reinstate the permit upon proof of the elimination of the noncomplying discharge by the user or significant user, payment of any damages, fines, penalties or costs associated with the discharge, and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
3. 
Revocation of Permit. Any user or significant user is subject to revocation of a permit granted hereunder for violation of applicable state and federal regulations, or by reason of the commission of any of the following acts:
A. 
Failure to report factually on discharge wastewater constituents and characteristics.
B. 
Failure to report significant changes in operations or wastewater constituents and characteristics.
C. 
Refusal to permit reasonable access to the premises for inspection and monitoring.
D. 
Violation of the conditions of the permit.
4. 
Rights to Appeal.
A. 
A user, upon receipt of notification of suspension or revocation of a user permit or significant user permit, may appeal the decision in writing to the Council of the Borough with a statement of reasons therefor within 10 days of the notice.
B. 
Thereafter, upon notice in writing given to the permit holder or any agent or officer thereof at least five days prior to the time fixed therefor, the Council of the Borough shall convene and conduct a hearing on the propriety or lack thereof of the notice of suspension or revocation. The cost of the stenographic transcript of such a proceeding shall be borne by the appellant, who shall pay a filing fee of $400 per hearing session to cover the cost thereof.
C. 
The findings and determinations of the Council shall be in writing and shall be mailed to the owner or to his duly authorized representative within 48 hours of the hearing, with a certified copy thereof to be filed with the Borough. The determination shall be binding both upon the Borough and all parties in interest.
D. 
If the decision of the Council sustains the notice of suspension or revocation of permit, the user shall be given 10 days' notice of the new date of suspension or revocation by the Borough.
5. 
Legal Action. If any person discharges sewage, industrial wastes, or other wastes into the POTW or other requirements which are contrary to the provisions of this Part, federal or state pretreatment requirements, or any order of the Borough, or violates any other provisions of this Part, the Borough may commence an action for appropriate legal and/or equitable relief in a court of competent jurisdiction.
[Ord. 683, 11/8/1989, § 2]
1. 
Fines. Any user or significant user alleged to have violated an order of the Borough or to have failed to comply with any provision of this Part or the orders, rules, regulations and permits issued hereunder shall be prosecuted before a District Justice and, upon conviction thereof, shall be subject to a fine of not more than $1,000 for each offense. Each day on which a violation shall occur or continue to occur shall be deemed to be a separate and distinct offense.
2. 
Civil Penalties. In addition to prosecution before a District Justice as set forth in § 18-105, Subsection 1, hereof, the Borough may recover civil penalties of $1,000 per day per violation, plus damages, costs, reasonable attorneys' fees, court costs, and costs of court reporters' transcripts, as well as other expenses of litigation made necessary as the result of violations of this Part or the orders, rules, regulations, and permits issued hereunder, to be recovered in an action at law instituted by the Borough against the user or significant user alleged to have been responsible therefor.
[Ord. 683, 11/8/1989, § 6]
Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Part or user or significant user permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part shall be punished as provided by law.
[Ord. 683, 11/8/1989, § 2]
1. 
Private Sewage System to be Approved. Where the public sanitary sewer is not available to a building existing as of the effective date of this Part, the building sewer shall be connected to an approved private sewage system. Said system shall comply with the provisions of this chapter and the requirements of the Department of Environmental Resources and all other applicable ordinances of the Borough now in effect or as hereafter may be enacted or amended.
2. 
Connecting to Public Sewers When Becomes Available. At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in this section, the building sewer shall be connected to the public sewer in compliance with the then-existing Borough regulations and ordinances. Within 90 days from the date of connection to the public sewer, the private sewer disposal system shall be cleaned of sludge and filled with clean gravel.
3. 
Maintenance. Any person, firm or corporation who shall use a private sewage disposal facility as permitted by this section shall operate and maintain the private sewage disposal facility in a sanitary manner at all times in accordance with all state regulations. It shall be a violation of this Part for the owner of any property to allow a private sewage disposal system to operate improperly.
4. 
System of Adjoining Municipality Available. If the sewer system of an adjoining municipality is available, and if the Borough and adjoining municipality execute an agreement permitting connection of Borough properties to the sewer system, then, upon notice, the Borough properties shall be required to connect to the system of the adjoining municipality.
[Ord. 683, 11/8/1989, § 2]
1. 
No user or significant 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 the POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements. A user or significant user may not contribute the following substances to the POTW:
A. 
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. 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, ketones, hydrides and sulfides and any other substance determined by the Borough, the state or the EPA to be a fire hazard or a hazard to the system.
B. 
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, 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 processing of fuel or lubricating oil, mud, glass grinding, polishing wastes, fur, ashes, incinerator residue, dredged spoil, solid waste, construction materials, rock, sand, cellar dirt, feasters, wood, wax, cinders, or medical waste.
C. 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, or any flammable wastes, sand, or other harmful ingredients, except such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Borough and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the superintendent and the Borough. Any removal and hauling of the collected materials not performed by owner's (owners') personnel must be performed by currently licensed waste-disposal firms.
D. 
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.
E. 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters or 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 Section 307(a) of the Act.
F. 
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.
G. 
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 Section 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 Substance Control Act, or state criteria applicable to the sludge management method being used.
H. 
Any substance which will cause the POTW to violate its NPDES permit or the water quality standards of the receiving water.
I. 
Any wastewater with an objectionable color not removed in a treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.
J. 
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°), unless the POTW treatment plant is designed to accommodate such temperature.
K. 
Any pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant concentrations which will cause interference to the POTW. In no case shall a sludge load have a flow rate or contain concentrations or quantities 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.
L. 
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 or federal regulations.
M. 
Any wastewater which causes a hazard to human life or creates a public nuisance.
N. 
Stormwater, groundwater, roof runoff, subsurface drainage or cooling water.
O. 
No person shall dispose or dump septage into the POTW without written permission of the Borough.
2. 
When the Borough determines that a user or significant user is contributing to the POTW any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the Borough shall advise the user of the impact of such contribution on the POTW, and develop effluent limitations for such user to correct the interference with the POTW.
[Ord. 683, 11/8/1989, § 2]
1. 
Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standard under Section 307 of the Clean Water Act for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this Part for sources in that subcategory, shall control; and the Borough shall be responsible to notify all affected users or significant users of the applicable reporting requirements under 40 CFR 403.12. Each significant user shall be responsible to notify the Borough of changes to his status under the federal, state, or local regulations.
2. 
Modification of Federal Categorical Pretreatment Standards. Where the POTW treatment plant achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the Borough may apply to the approval authority for modifications of specific limits in the Federal Pretreatment Standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW treatment plant to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 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. If the requirements contained in 40 CFR Part 403, 403.7, are fulfilled and prior approval from the approval authority is obtained, the Borough may then modify pollutant discharge limits in the Federal Pretreatment Standards.
3. 
Specific Pollutant Limitations.
A. 
No person shall discharge wastewater containing in excess of:
Parameter
Max. Conc. from Industrial Connections to POTW
(mg/l)
Antimony
5.0
Arsenic
0.1
Barium
4.0
Boron
1.0
Cadmium
0.05
Chromium (hexavalent)
0.1
Chromium (trivalent)
1.0
Copper
1.0
Cyanide, total
0.2
Iron
5.0
Lead
0.1
Manganese
1.0
Mercury
0.01
Nickel
1.0
Total phenolics
0.5
Selenium
0.04
Silver
0.1
Tin
3.0
Vanadium
3.0
Zinc
1.0
Total toxic organics
1.0
Any single toxic organic
0.5
B. 
These are end-of-lateral concentrations in the wastewater stream that exist after all process and sanitary waste streams connected to the industry's wastewater collection system have mixed completely. The concentrations represent state-of-the-art for local limits that will assure protection of the wastewater treatment process. The end-of-lateral concentrations are generally lower than Categorical Pretreatment Standards which apply to concentrations measured at the end of the manufacturing process.
C. 
Where Categorical Pretreatment Standards are available, § 403.6 of the General Pretreatment Regulations provides a formula for calculation of an alternate value for the specific pollutant concentration limit based on combined waste strength. This formula will be applied to the wastewater stream, including domestic sewage flows and other applicable flows, to calculate an end-of-lateral concentration. The calculated concentration and the concentration based on local limits will be compared and the lower of the two limits will be applied in the permit for the industrial discharge.
D. 
All wastewater entering the Borough's collection system shall be pretreated to normal domestic levels unless otherwise stated in writing by the Borough by way of the significant user permit. These levels shall be:
BOD5
—
250 mg/l
Suspended Solids
—
250 mg/l
Ammonia Nitrogen
—
25 mg/l as N
TKN
—
40 mg/l as N
Phosphate
—
10 mg/l as P
4. 
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 Part.
5. 
Borough's Right of Revision. The Borough 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 § 18-101, Subsection 2, of this Part.
6. 
Excessive Discharge. No significant 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 with any other pollutant-specific limitation developed by the Borough, state, or federal agencies.
7. 
Accidental Discharge. Each significant user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the significant user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Borough and shall be approved by the Borough before construction of the facility. All existing significant users shall complete such a plan prior to being issued a permit. No significant user who commences contribution to the POTW after the effective date of this Part shall be permitted to introduce pollutants into the system until his accidental discharge procedures have been approved by the Borough. Review and approval of such plans and operating procedures shall not relieve the significant user from the responsibility to modify his facility, as necessary, to meet the requirements of this Part. In the case of an accidental discharge, it is the responsibility of the significant user to immediately telephone and notify the Borough of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
8. 
Written Report. Within five days following an accidental discharge, the significant user shall submit to the Borough a detailed written report describing the cause of the discharge and the measures to be taken to mitigate any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW or aquatic life or any other damage to person or property. Such report shall not relieve the user or significant user of any fines, civil penalties, or other liability which may be imposed by this Part or other applicable law.
9. 
Notice to Employees. A notice shall be permanently posted on the significant user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures.
[Ord. 683, 11/8/1989, § 2]
1. 
It is the purpose of this section to provide for the recovery of costs from significant users of the POTW for the implementation of the program established herein. The applicable charges or fees shall be established by resolution of Borough Council.
2. 
The Borough may adopt charges and fees, which may include:
A. 
Fees for reimbursement of the costs of setting up and operating the Borough's pretreatment program.
B. 
Fees for monitoring, inspections, and surveillance procedures.
C. 
Fees for reviewing accidental discharge procedures and construction.
D. 
Fees for permit applications.
E. 
Fees for filing appeals.
F. 
Fees for consistent removal by the Borough of pollutants otherwise subject to Federal Pretreatment Standards.
G. 
Other fees the Borough may deem necessary to carry out the requirements contained herein.
3. 
These fees relate solely to the matters covered by this Part and are separate from all other fees chargeable by the Borough.
[Ord. 683, 11/8/1989, § 2]
1. 
Council Approval Required.
A. 
Effective immediately, no premises outside the Borough of Stroudsburg, not already connected, will be permitted to connect into the sanitary sewage system of said Borough without first obtaining the approval of Borough Council. This restriction shall not apply to individual properties in areas of adjoining municipalities served by a sanitary sewerage system subject to an agreement by and between Stroudsburg Borough and the adjoining municipality.
B. 
In the event any municipality adjoining the Borough of Stroudsburg shall construct its own sanitary sewage system, and the adjoining municipalities sewage system will service the properties connected to the POTW, then and in that event each and every property owner situate in said adjoining municipality but serviced by the Borough of Stroudsburg sanitary sewage system shall be disconnected from the Borough sewage system and connected into the sewage system constructed in the municipality in which the premises are situate, unless the Borough and the adjoining municipality mutually agree to the contrary.
2. 
Properties on Municipal Boundaries. Any town- or row houses, garden apartments, low-rise apartments, hotels or motels, or any other type of multi-type buildings which are or will be constructed of which any portion is located within the boundaries of the Borough of Stroudsburg and the remaining portion is located in an adjoining municipality, only that portion of the building constructed within the Borough boundaries will connect into the sanitary sewage system of the Borough of Stroudsburg.
3. 
Council to Establish Connection, User Permit Fees. Notwithstanding the foregoing, in the event Borough Council grants approval to connect a premises outside the Borough into the Borough sanitary sewer system, the Council shall establish connection fees and such other fees as it deems appropriate in its sound discretion. Subsections 1 and 2 hereof shall not apply where approval is granted to connect a premises outside the Borough.
[Ord. 683, 11/8/1989, § 2]
All moneys received by the Borough from the collection of the sewer rentals and all penalties thereon, connection fees and all other charges which may be levied by this Part shall be segregated and kept separate and apart from all other funds of the Borough and shall be used only for the purpose of defraying the expenses of the Borough in the administration, operation, maintenance, repair, alteration, improvement, expansion, inspection, depreciation or other expenses in relation to the sewer system and for such debt service payments as the Borough may be required to make.