This article sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system operated by the Borough of Adamstown and enables the Borough
to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations (40
CFR Part 403). The Borough has adequate authority under § 2001(c)
of the Borough Code and the Publicly Owned Treatment Works Penalty Law, 35
P.S. § 752.1 et seq., to enact and implement this article.
A. The objectives of this article are:
(1) To prevent the introduction of pollutants to the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
(2) 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;
(3) To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system; and
(4) To provide for equitable distribution of the cost of the municipal
wastewater system.
B. This article 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 existing customers' capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
C. This article shall apply to persons within the Borough and to persons
outside the Borough who are, by contract or agreement with the Borough,
users of the Borough's POTW. Except as otherwise provided herein,
the Superintendent of the Borough POTW shall administer, implement
and enforce the provisions of this article.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, 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.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
A.
(1) A responsible corporate officer of the level of president,
vice president, secretary or treasurer of the corporation in charge
of a principal business function, or any other person who performs
similar policy- or decision-making functions for the corporation;
or (2) the manager of one or more manufacturing, production or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
B.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
C.
A duly authorized representative of the individual designated
above, if:
(1)
The authorization is made in writing by the individual described
in A(1); or
(2)
The authorization specifies either an individual or position
having responsibility for the overall operation of the facilities
from which the indirect discharge originates, such as the position
of plant manager, operator of a well or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
(3)
The written authorization is submitted to the control authority.
AVERAGE DAILY FLOW
A measurement of wastewater flow calculated by dividing the
total wastewater flow under consideration for the 30 days immediately
preceding the date of calculation by the number 30.
BASELINE MONITORING REPORT (BMR)
A specific informational report which may be required under
sections of this article or ordered by the Borough for particular
informational needs. The report may relate to industrial processes,
flows, sampling information or other data, and may be used as a reference
point against which comparisons may be made to measure data or sampling
changes. BMR information requirements arise under discharge permit
applications, reporting requirements for categorical users, industrial
users subject to equivalent mass limits (baseline production rate
information) and other areas.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §
237-52 of this article. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory conditions, five days
at 20° C., expressed in terms of weight and concentration, milligrams
per liter (mg/L). The standard laboratory procedure shall be that
found in the Standard Methods.
BIOSOLIDS
Nutrient rich organic material resulting from the reclamation
of wastewater.
BOROUGH
The Borough of Adamstown or the Borough Council of Adamstown,
Lancaster and Berks Counties, Pennsylvania.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the POTW.
BYPASS
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
COMPOSITE WASTEWATER SAMPLE
A combination of individual samples of water or wastewater
collected at selected intervals, generally hourly for some specific
period, to minimize the effect of the variability of the individual
sample. Individual samples may have equal volume or may be roughly
proportioned to the flow at the time of sampling.
CONTROL AGENCIES
The DEP, EPA and any and all governmental agencies which
have a right to control treatment, transportation and disposal of
wastewater.
COOLING WATER
The water discharged from any use, such as air conditioning,
cooling or refrigeration, to which the only pollutant added is heat.
DEP
The Department of Environmental Protection of the state,
or any successor thereto.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the state.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water
or wastewater as determined by the standard laboratory procedure set
forth in the Standard Methods.
ENFORCEMENT OFFICER
The person or entity appointed by Adamstown Borough Council
to administer and enforce the provisions of this article, including
the issuance of permits, collection of fees, imposition of administrative
penalties, and institution and prosecution of enforcement actions.
The Enforcement Officer may be an individual person, a firm or corporation,
or a municipal corporation.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The United States 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.
FEDERAL CATEGORICAL PRETREATMENT STANDARDS or PRETREATMENT STANDARDS
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. § 1347) which applies to a specific category of industrial
users and which appears in 40 CFR Chapter I, Subchapter N, §§ 405
to 471.
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 over a period
of time not to exceed 15 minutes.
HOLDING TANK WASTE
Any waste from vacuum-pump tank trucks delivering wastes
of a sanitary and/or domestic origin.
IMPROVED PROPERTY
Any property 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 sanitary wastewater and/or industrial
wastewater shall be or may be discharged.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants from any
nondomestic source regulated under Section 307(b), (c) or (d) of the
Act (33 U.S.C. § 1317) into the POTW, including holding
tank waste discharged into the system.
INDUSTRIAL PRETREATMENT PROGRAM
A program administered by a POTW that meets the criteria
established in 40 CFR 403.8 and 403.9, and which has been approved
by a regional administrator or state director in accordance with 40
CFR 403.11.
INDUSTRIAL WASTE/INDUSTRIAL WASTEWATER
Solids, liquids or gaseous substances, waterborne waste or
form of energy discharged or escaping in the course of any industrial,
manufacturing, trade or business process or in the course of development,
recovering or processing of natural resources, but not sanitary wastewater.
The term "industrial waste" or "industrial wastewater" shall additionally
include any and all wastes, discharged from industrial establishments,
certain commercial establishments, including but not limited to hospitals
and restaurants, and other similar business or institutional activities,
and additionally shall include all discharges in any other respects
as such term is defined in the Pennsylvania Clean Streams Law, Act
of June 22, 1937, as amended, 35 P.S. § 691.1 et seq. (the
"Clean Streams Law").
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW, its treatment processes or operations, or its sludge
processes, use or disposal, which contributes to a violation of any
requirement of the Borough's NPDES Permit (including an increase in
the magnitude or duration of a violation). The term includes prevention
of sewage sludge use 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 Solids Waste Disposal Act
(SWDA) including Title 11, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), the Clean Air Act, the Toxic
Substances Control Act, the Marine Protection, Research and Sanctuaries
Act, or more stringent state criteria, including those contained in
any state sludge management plan prepared pursuant to Title IV (Subtitle
D) of SWDA applicable to the method of disposal or use employed by
the POTW.
NEW SOURCE
A.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which is commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act which will be applicable
to such source, if such standards are thereafter promulgated in accordance
with that section, provided that:
(1)
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(2)
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(3)
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is engaged in the same general type of activity as
the existing source should be considered.
B.
Construction on a site at which an existing source is located
results in modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of A(2) or (3) above but otherwise alters, replaces
or adds to existing process or production equipment.
C.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
(1)
Begun or caused to begin as part of a continuous on-site construction
program:
(a)
Any placement, assembly, or installation of facilities or equipment;
or
(b)
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for placement, assembly or installation of new source
facilities or equipment.
(2)
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this paragraph.
NEW USER
Any user which first becomes a user of the POTW after the
effective date of this article, February 1, 1994.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
PASS-THROUGH
A discharge which exits the POTW into waters of the United
States in quantities or concentrations, which alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Borough'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, governmental
entity, any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine, the neuter
shall include the masculine and the feminine, and the singular shall
include the plural where indicated by context.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
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.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
POTW
See "publicly owned treatment works."
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature 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
process changes by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
which may include BMPs, other than a pretreatment standard imposed
on an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned and operated in this instance
by the Borough. This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes pipes,
sewers and other conveyances only if they convey wastewater to a POTW
treatment plant. For the purposes of this article, "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. The term also means the municipality,
as defined in Section 502(4) of the Act, which has jurisdiction over
the indirect discharges to and the discharges from such a treatment
works.
REQUIREMENT(S)
Any and all local, state and federal laws, case law, statutes,
regulations (including but not limited to these regulations), rules,
guidelines, policies, permits, approvals and other standards or requirements
of control agencies, as amended and/or changed.
SANITARY SEWER
A sewer which carries sanitary wastewater and/or authorized
industrial wastes and to which stormwater, surface waters and groundwaters
are not intentionally admitted.
SANITARY WASTEWATER
All normal water-carried household and toilet waste from
kitchens, water closets, lavatories, laundries and bathrooms, especially,
but not limited to, wastes typical to households, from sanitary conveniences
wherever located or existing.
SEVERE PROPERTY DAMAGE
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. "Severe property damage" does
not mean economic loss caused by delays in production.
SEWAGE
All water-carried wastes defined as "sewage" in Act 537;
including sanitary wastewater and industrial wastewater.
SEWER
A pipe or conduit for carrying sanitary wastewater or authorized
industrial wastewater.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
Any nonresidential user of the Borough's POTW, who:
A.
Is subject to federal categorical pretreatment standards; or
B.
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); or
C.
Contributes a process waste stream which makes up 5% or more
of the average dry weather or organic capacity of the Borough's POTW
treatment plant; or
D.
Has in his wastes toxic pollutants as defined pursuant to Section
307 of the Act or Pennsylvania statutes and rules; or
E.
Is designated as such by the Borough, DEP or the EPA on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating a pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in SNC if any of the following criteria apply:
A.
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken for
the same pollutant parameter during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1);
B.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same pollutant parameter during a six-month period equal or exceed
the product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1), multiplied by
the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease,
and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges., interference or pass-through
(including endangering the health of POTW personnel or the general
public);
D.
Any discharge of a pollutant that has caused an imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(VI)(B)
to halt or prevent such a discharge;
E.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or separate enforcement order for starting construction, completing
construction, or attaining final compliance;
F.
Failure to provide, within 45 days after the due date, required
reports, such as baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, semiannual and annual
compliance reports, monthly monitoring reports, and reports on compliance
with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation or group of violations, which may include
a violation of best management practices, which the Borough determines
will adversely affect the operation or implementation of the Borough's
pretreatment program.
SLUG
Any discharge of a nonroutine, episodic nature or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in §
237-52 of this article, including but not limited to an accidental spill or noncustomary batch discharge.
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, 1987.
STANDARD METHODS
The publication of the American Public Health Association
et al., entitled "Standard Methods for the Examination of Waste and
Wastewater," in the latest edition approved by the EPA.
STATE
Commonwealth of Pennsylvania.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
The person designated by the Borough to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this article, 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.
TOTAL SOLIDS
The sum of dissolved and undissolved constituents in water
or wastewater as determined by laboratory analysis in accordance with
Standard Methods.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provision of Section 307(a) of the Act or other acts.
UNAUTHORIZED WASTE
Any waste which is not in compliance with the provisions
of these regulations or which is discharged into the POTW by a person
in violation of any provision contained in this article.
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 any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the Borough's POTW.
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.
The following abbreviations shall have the designated meanings:
BMP
best management practices.
BMR
baseline monitoring report.
BOD
biochemical oxygen demand.
CFR
Code of Federal Regulations.
COD
chemical oxygen demand.
DEP
Department of Environmental Protection. All references to
DER shall include DEP.
MG/L
milligram 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. § 6091 et seq.
TSS
total suspended solids.
Upon promulgation of the federal categorical pretreatment standard under Section 307 of the Clean Water Act for a particular industrial subcategory, the federal categorical pretreatment standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall supersede the limitations imposed under this article. The federal categorical pretreatment standard found at 40 CFR Chapter
1, Subchapter N, §§ 405 to 471 are hereby incorporated into this article. The Borough shall notify all affected users of the applicable reporting requirements. Reports must be submitted by users even if the Borough does not provide notification for reporting requirements.
Where the Borough's wastewater treatment system achieves consistent
removal of pollutants limited by federal categorical pretreatment
standards, the Borough may apply to the approval authority for modification
of specific limits in the federal categorical pretreatment standards.
The Borough may then modify pollutant discharge limits in the federal
categorical pretreatment standards if the requirements contained in
40 CFR 403.7 are fulfilled and prior approval from the approval authority
is obtained.
The EPA has accepted the Borough's technical evaluation for the development of the POTW's maximum allowable head-works loadings. Local limits are allocated to the industrial users and defined through a wastewater discharge permit issued pursuant to §
237-64 of this article. No user shall discharge wastewater containing in excess of the limitation of any of the parameters allocated on its wastewater discharge permit.
State requirements and limitations on discharges apply in any
case where they are more stringent than federal requirements and limitations
or those in this article.
The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater treatment system if deemed necessary and appropriate to comply with the objectives presented in §
237-49 of this article. The Borough may develop BMPs by ordinance or in individual wastewater discharge permits.
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 or federal agencies.
Each user shall provide protection from accidental and slug
discharges of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental or slug 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. An accidental discharge/slug control
plan shall address, at a minimum, the following:
A. Description of discharge practices, including nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Borough of any accidental or slug discharge, as required by Subsection
E below; and
D. Procedures to prevent adverse impact from any accidental or slug
discharge; such procedures include but are not limited to: inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
E. Each significant industrial user shall notify the Borough immediately
of any changes in its facilities or operating procedures affecting
the potential for a slug discharge.
All existing users shall complete such a plan when designated
by the Borough. No user who commences contribution to the POTW after
the effective date of this article shall be permitted to introduce
pollutants into the system until the accidental discharge procedures
have been approved by the Borough. Review and approval of such plans
and operating procedures shall not relieve the industrial user from
the responsibility to modify its facility, as necessary, to meet the
requirements of this article. It is the responsibility of the user
to immediately telephone and notify the POTW of any accidental or
slug discharge. The notification shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
F. Written notice. Within five days following an accidental or slug
discharge, or any discharge that may cause potential problems for
the POTW, the user shall submit to the Borough a detailed written
report describing the cause of the discharge and the measures to be
taken by the user to mitigate and prevent any expense, loss, damage
or other liability which may be incurred as a result of damage to
the POTW, aquatic life or any other damage to persons or property.
Such report 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, aquatic life 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. This written report shall be signed by an authorized representative
of the user.
G. 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
ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
It shall be unlawful to discharge wastewater to the POTW without
a wastewater discharge permit, except as authorized by the Borough
in accordance with the provisions of this article.
The Borough shall require each user to provide and operate 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.
A. 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.
B. 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.
The Borough shall inspect the facilities of any user to ascertain whether the purposes of this article are being met and all requirements are being complied with. Persons or occupants of premises connected to the POTW shall allow the Borough or its representatives ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination, or in the performance of any of their duties. The Borough, state and 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 its security guards so that, upon presentation of suitable identification, personnel from the Borough, state or EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities. The analysis of samples shall be the basis for computing additional charges in accordance with §
237-61. The cost of said sampling shall be borne by the Borough.
Users shall provide necessary wastewater treatment as required
to comply with this article and shall achieve compliance with all
National 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 users' 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 Borough under the provisions
of this article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be accepted by the
Borough prior to the user's initiation of the changes.
A. The Borough shall annually publish in a newspaper of general circulation
a list of the users which were in significant noncompliance (SNC)
with applicable pretreatment standards or requirements at least once
during the previous 12 months. The notification shall also summarize
any enforcement actions taken by the Borough against the users during
the same 12 months.
B. All records relating to compliance with pretreatment standards shall
be made available to officials of the state or EPA upon request.
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 agencies without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of 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.
A. 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 to the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the 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. Effluent data as defined by 40 CFR 2.302 will
not be recognized as confidential information.
B. Information accepted by the Borough as confidential shall be transmitted
to any governmental agency immediately when requested. The Borough
shall follow the procedures in Sections 707 and 708 of the Pennsylvania
Right to Know Law, 65 P.S. §§ 67.707 and 67.708, when
the Borough receives a request from the public for information accepted
as confidential.
If any user or other person has violated or continues to violate
any provisions of this article, the wastewater discharge permit, any
order issued hereunder, or any federal pretreatment standard or requirement,
the Borough Solicitor may commence an action for appropriate legal
and/or equitable relief in a court of competent jurisdiction. Some
of these actions may include the following:
A. Injunctive relief. Whenever a user has violated or continues to violate
the provisions of this article, the wastewater discharge permit, any
order issued hereunder, or any federal pretreatment standard or requirement,
the Borough Solicitor may petition the Court for the issuance of a
preliminary or permanent injunction, or both (as may be appropriate),
which restrains or compels the activities on the part of the user.
B. Civil penalties.
(1) Any user who has violated or continues to violate any provisions
of this article, the wastewater discharge permit, any order issued
hereunder, or any federal pretreatment standard or requirement, shall
be liable to the Borough for a civil penalty not to exceed $25,000
plus actual damages incurred by the POTW per violation per day as
the violation continues. In addition to the above-described penalty
and damages, the Borough my recover reasonable attorneys' fees, court
costs, and other expenses associated with the enforcement activities,
including sampling and monitoring expenses.
(2) The Borough shall petition the Court to impose, assess and recover
such sums. In determining the amount of liability, the Court shall
take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the user's violation,
collective actions by the user, the compliance history of the user,
and any other factor as justice requires.
C. Criminal prosecution – violations in general. Any user who
willfully or negligently violates any provision of this article, the
wastewater discharge permit, any order issued hereunder or any federal
pretreatment standard or requirement shall, upon conviction thereof,
be punished by a fine not to exceed $1,000 per violation per day or
imprisonment for not more than one year, or both.
D. Falsifying information. Any user who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or wastewater discharge permit, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this article, shall, upon conviction, be
punished by a fine not to exceed $1,000 per violation per day or imprisonment
for not more than one year, or both.
E. Recovery of attorneys' fees. In accordance with Section 3321(a)(5)
of the Borough Code, any person found to have violated this article may be
assessed court costs and reasonable attorneys' fees incurred by the
Borough in the enforcement proceedings.
The owner of each improved property connected to the wastewater
system shall be responsible for all acts of tenants or other occupants
of such improved property insofar as such acts shall be governed by
provisions of this article and requirements.
The failure of the Borough to insist upon strict performance
of these regulations or any of the terms or conditions thereof shall
not be construed as a waiver of any of its rights hereunder.
Except as otherwise required by law, this article is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this article restates regulations
contained in ordinances which Borough Council previously enacted,
this article shall be considered a restatement of and not a repeal
of such regulations. It is the specific intent of Borough Council
that all provisions of this article shall be considered in full force
and effect as of the date such regulations were initially enacted.
All ordinances or parts of ordinances inconsistent with the provisions
of this article are hereby repealed. It is further the intent of Borough
Council that the provisions of this article shall not affect any act
done, contract executed or liability incurred prior to its effective
date, or affect any suit or prosecution pending or to be instituted
to enforce any rights, rules, regulations or ordinances, or part thereof,
or to punish any violation which occurred under any prior industrial
waste pretreatment regulations or ordinances or previously issued
permits. In the event any violation has occurred under any prior industrial
waste pretreatment regulation or ordinance, prosecution or other enforcement
actions may be initiated against the alleged offender pursuant to
the provisions of said prior industrial waste pretreatment regulations
or ordinances, and the provisions and penalties provided in said prior
industrial waste pretreatment ordinances or regulations shall remain
effective as to said violation.