Borough of Dublin, PA SEWER USES

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Part 3 SEWER USES

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§ 18-301 General Provisions.

§ 18-302 Regulations.

§ 18-303 Fees.

§ 18-304 Administration.

§ 18-305 Enforcement.

§ 18-306 Penalty Costs.

§ 18-301 General Provisions.

[Ord. 185, 6/5/1989, § 1.0; as amended by Ord. 256, 5/24/2004]

Purpose and Policy.

This Part sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system owned by the Borough Authority[1] 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).

[1]

Editor’s Note: The Dublin Borough Authority was dissolved and terminated by Ord. No. 321, 2-11-2019. This ordinance also provided that all assets of all projects of the Authority be transferred to the Borough of Dublin.

At the time of the enactment hereof, Dublin Borough operates the wastewater collection and treatment systems, and so long as Dublin Borough continues to do so, where the context refers to operations, this meaning shall be supplied.

It is declared that enactment of this Part is necessary for the protection, benefit, and preservation of the health, safety, and welfare of inhabitants of this Borough.

The objectives of this Part are:

(1)

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.

(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.

(4)

To provide for equitable distribution of the cost for the implementation of the Borough's municipal industrial pretreatment program.

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 existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Part shall apply to the Borough and to persons outside the Borough who are users or significant users of the Borough Authority[2] POTW. Except as otherwise provided herein, the Borough shall administer, implement, and enforce the provisions of this Part.

[2]

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.

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.

This Part is intended to amend, continue, and supplant the regulatory provisions of Ord. 72 of March 8, 1966 [Part 2], without repealing or in any way affecting Sections 3, 4, 7, 8, 9, and 10 thereof, or Ord. 152, Ord. 155, and Ord. 168 [Part 2] relating to sewer rents, or in any way prejudicing the various sewer revenue bonds issued by Dublin Borough Authority[3] or the obligations of Dublin Borough or Dublin Borough Authority to the parties thereto.

[3]

This Part is intended to amend, continue, and supplant Ord. 71 [Part 1] adopted March 8, 1966, but in no way is it to be construed to prejudice the various sewer revenue bonds issued by Dublin Borough Authority[4] or the obligations of Dublin Borough or Dublin Borough Authority to the parties thereto.

[4]

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, and the Administrator of the EPA in a non-NPDES state, or NPDES state without an approved state pretreatment program.

AUTHORIZED REPRESENTATIVE OF SIGNIFICANT USER

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

The Dublin Borough, Bucks County, Pennsylvania.

BOROUGH AUTHORITY

The Dublin Borough Authority.[5]

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

Shall refer to the "approval 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.

EDU

Equivalent domestic unit with the following wastewater characteristics:

	Flow	250 gpd
	Ammonia - Nitrogen	25 mg/l as N
	BOD	300 mg/l
	Phosphate	10 mg/l as P
	Suspended solids	350 mg/l
	TKN	40 mg/l as N

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 TANK WASTE

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 §§ 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 or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the POTW.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 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 PERMIT

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

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

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

NEW SOURCE

Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 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.
	(2)	The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.
	(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 integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

	Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsections (2) and (3), above, but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this subsection has commenced if the owner or operator has:
	(a)	Begun or caused to begin as part of a continuous on-site construction program: 1) Any placement, assembly, or installation of facilities or equipment; or 2) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.
	(b)	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 subsection.

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.

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 146.

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 requirement 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, governmental entity, any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, this singular shall include the plural where indicated by the context.

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.

POLLUTION

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

POTW TREATMENT PLANT

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

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 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 § 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Borough Authority.[6] This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this Part, "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 Authority, users of the Borough Authority's POTW.

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, (1) has a discharge flow of 25,000 gallons or more per average work day; or (2) has a flow greater than 5% of the flow in the Borough Authority's[7] wastewater collection and treatment system; or (3) has in his wastes toxic pollutants as defined pursuant to § 307 of the Act or Pennsylvania statutes and rules; or (4) is found by the Borough, Pennsylvania Department of Environmental Protection (PADEP), 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.

SIGNIFICANT USER PERMIT

As set forth in § 18-304, Subsection 3, of this Part.

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

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 who is charged 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 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 § 18-302, Subsection 1, 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.

[5]

[6]

[7]

Abbreviations. The following abbreviations shall have the designated meanings:

ASTM

American Standard Testing Methods.

BOD

Biochemical oxygen demand.

CFR

Code of Federal Regulations.

COD

Chemical oxygen demand.

EPA

Environmental Protection Agency.

Liter.

Milligrams.

mg/l

Milligrams per liter.

NPDES

National Pollutant Discharge Elimination System.

POTW

Publicly owned treatment works.

SIC

Standard Industrial Classification.

SWDA

Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.

TKN

Total Kjeldahl nitrogen.

TSS

Total suspended solids.

USC

United States Code.

WPCF

Water Pollution Control Federation.

§ 18-302 Regulations.

[Ord. 185, 6/5/1989, § 2.0; as amended by Ord. 186, 6/5/1989, § 3; and by Ord. 256, 5/24/2004]

General. 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:

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

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, feathers, wood, wax, cinders, or medical waste.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent and/or Borough, 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 superintendent and 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.

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

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, constitute a hazard to humans or animals, 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 § 307(a) of the Act.

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

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under § 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method being used.

Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions. 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's which exceeds 40° C. (104° F.), unless the POTW treatment plant is designed to accommodate such temperature.

Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which cause interference to the POTW. In no case shall a sludge load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation.

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.

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

Stormwater, groundwater, roof runoff, subsurface drainage, or cooling water.

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 interfere with the operation of the POTW, the Borough shall advise the user of the impact of the contribution on the POTW, and develop effluent limitations for such user to correct the interference with the POTW.

Use of Publicly Owned Treatment Works Facilities.

The owner of any improved property benefitted, improved, or accommodated by a sewer shall connect such improved property with such sewer, in such manner as the Borough may require, within 45 days after notice to such owner from this Borough to make such connection, for the purpose of discharge of all wastewater from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the Borough, from time to time.

All wastewater from any improved property, after connection of such improved property with a sewer shall be required under § 18-302, Subsection 2A, shall be a conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough, from time to time.

No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within the Borough any wastewater in violation of § 18-302, Subsection 2A. No person shall discharge or shall permit to be discharged to any natural outlet within the Borough any wastewater in violation of § 18-302, Subsection 2A, except where suitable treatment has been provided that is satisfactory to the Borough.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property that has been connected to a Sewer or that shall be required under § 18-302, Subsection 2A, to be connected to a Sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the Borough, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of the Borough; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by the Borough, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.

Building Sewers and Connections.

No unauthorized persons shall uncover, make any connections with or opening into, use, alter, or disturb the POTW or any appurtenance thereof without first obtaining a written user permit from the Borough as set forth in § 18-304, Subsection 2, of this Part.

All costs and expenses incidental to the installation, connection, and maintenance of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Borough and the Borough Authority[1] from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

[1]

A separate and independent building sewer shall be provided for every building.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Borough, to meet all requirements of this Part.

The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joint testing, and backfilling the trench shall all conform to the requirements of the Building and Plumbing Codes [Chapter 5, Parts 1 and 2] or other applicable rules and regulations of the Borough. In the absence of code provisions or in amplification therefor, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

No person shall make connection of sump pumps, roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the POTW unless such connection is approved in writing by the superintendent for purposes of disposal of polluted surface drainage.

The connection of the building sewer into the POTW shall conform to the requirements of the building and plumbing code or other applicable rules and regulations set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and watertight, and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Borough before installation.

All excavations for building sewer installation shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough.

No excavation, construction, or connection work shall be commenced within a Borough right-of-way until the owner, his agents, and/or independent contractor shall have first filed a bond in an amount as determined by the Borough, agreeing to indemnify and save harmless the Borough against any and all loss, damages, costs, and expenses which the Borough may thereafter suffer, incur, be put to, or pay by reason of the failure to complete properly any of the aforesaid excavation, construction, or connection work. The term "owner," as used herein, shall be deemed to include the owner or owners in fee simple, lessees of the premises, occupiers of the premises, and all other parties having a beneficial use or interest in the premises and occupying the same with the consent and permission of the owner of the fee title.

Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standard under § 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 neither the Borough nor the Borough Authority,[2] 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 Authority of changes to their 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 § 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The Borough may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, 403.7, are fulfilled and prior approval from the approval authority is obtained.

Specific Pollutant Limitations.

No person shall discharge wastewater containing in excess of:

	Parameter	Maximum Concentration 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

These are end-of-lateral concentrations in the wastewater stream that exists 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.

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 stress. This formula will be applied, 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.

All wastewater entering the Borough Authority's[3] 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:

	BOD	300 mg/l
	Suspended solids	350 mg/l
	Ammonia nitrogen	25 mg/l as N
	Phosphate	10 mg/l as P

[3]

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.

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 § 18-301, Subsection 1, of this Part.

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.

10.

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 the issuance of 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 the 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 its 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 POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

11.

Written Report. Within five days following an accidental discharge, the significant user shall submit to the Borough Authority[4] 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.

[4]

12.

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.

§ 18-303 Fees.

[Ord. 185, 6/5/1989, § 3.0]

Purpose. 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 set forth in the Borough's schedule of charges and fees.

Charges and Fees. The Borough may adopt charges and fees which may include:

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

Fees for monitoring, inspections, and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

Fees for consistent removal by the Borough of pollutants otherwise subject to federal pretreatment standards.

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

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

§ 18-304 Administration.

[Ord. 185, 6/5/1989, § 4.0; as amended by Ord. 256. 5/24/2004]

Wastewater Dischargers. In the absence of a permit from the Borough, it shall be unlawful to discharge to the POTW any wastewater except as authorized in writing by the Borough in accordance with the provisions of this Part.

User Permit.

All users proposing to connect to and contribute to the POTW shall obtain a user permit before connecting to or contributing to the POTW.

There shall be two classes of user permits:

(1)

For residential and commercial service.

(2)

For service to establishments producing industrial wastes.

In either case, the owner or his agent shall make application on a special form furnished by the Borough Authority.[1] The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Borough. A permit and inspection fee for a residential or commercial user permit and for an industrial user permit shall be paid to the Borough at the time the application is filed. All user permit applications shall be reviewed and approved in writing the Borough prior to permit issuance. Permit and inspection fees for user permits shall be in such amounts as may be established from time to time by the Borough.

[1]

The Borough may:

(1)

Impose conditions in any user permit for compliance with monitoring and reporting requirements and compliance with pollutant limitations, which conditions are deemed necessary by the Borough to ensure continued compliance with pretreatment standards and requirements.

(2)

Modify existing permits to respond to changes in industrial discharges to alleviate problems at the POTW treatment plant, to meet standard quality water standards, or to incorporate National Categorical Pretreatment Standards and requirements.

(3)

Prohibit the transfer of user permits when an industry is acquired by a new owner.

(4)

Revoke user permits to ensure against violations of permit conditions.

The Borough shall require a user of sewer services to provide information needed to determine compliance with this Part or other applicable local, state, or federal laws, rules, or regulations. These requirements may include:

(1)

Wastewater discharge peak rate and volume records over a specified time period.

(2)

Information on raw materials, processes, and products affecting wastewater volume and quality.

(3)

Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

(4)

A plot plan of sewers on the user's property showing sewer facility locations and all proposed sewer connections to these facilities.

(5)

Details of systems to prevent and control stormwater from entering municipal sewers.

(6)

Payment of all costs incurred for the information described in § 18-304 shall be paid by the user of the sewer services in addition to other charges and sewer rentals.

All measurements, tests, and analyses of the characteristics of waters and wastewaters to which reference is made in this Part shall be determined in accordance with procedures listed in 40 CFR 136. If a testing procedure is not included in 40 CFR 136, the procedure shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis, subject to approval by the Borough.

The user shall be responsible for submitting all applicable county, regional, state, or federal permits or planning documents required for approval of sewer connection.

Significant Users.

Permit.

(1)

All significant users proposing to connect to or contribute to the POTW shall obtain a significant user permit before connecting to or contributing to the POTW. All existing, significant users connected to or contributing to the POTW shall apply for a significant user permit within 30 days after the effective date of this Part.

(2)

Where a user becomes subject to a new National Categorical Pretreatment Standard, but has not previously submitted an application for a significant user permit as required by § 18-304, Subsection 2B, the user shall apply for a significant user permit within 180 days, after the promulgation of the applicable National Categorical Pretreatment Standard.

Permit Application. A significant user required to obtain a significant user permit, shall complete and file with the Borough an application in the form prescribed by the Borough and be accompanied by the required fee. In support of the application, the significant 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 Standard Industrial Classification Manual, Bureau of the Budget 1972, as amended.

(3)

Wastewater constituents and characteristics, including but not limited to those mentioned in § 18-302, as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to § 304(9) of the Act, and contained in 40 CFR, Part 136, as amended.

(4)

Time and duration of contribution.

(5)

Average daily and three-minute peak wastewater flow rates, including daily, monthly, and seasonal variation, 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.

(7)

Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged.

(8)

The nature and concentration of any pollutants in the discharge which are limited by any 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 significant 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 significant user will provide such additional pretreatment. The completion data 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 use to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing permit for major components, commencing construction, completing construction, etc.).

(b)

No increment referred to in Subsection 3A(1) shall exceed nine months.

(c)

No later than 14 days following each date in the schedule and the final date for compliance, the significant user shall submit a progress report to the Borough 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 significant user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.

(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 pretreatment system.

(13)

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

The Borough will evaluate the data furnished by the significant user and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue a significant user permit subject to terms and conditions provided herein.

Permit Modifications. Upon the promulgation of a National Categorical Pretreatment Standard, the significant user permit of significant users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard.

Permit Conditions. Significant user 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:

(1)

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

(2)

Limits on the average and maximum wastewater constituents and characteristics.

(3)

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

(4)

Requirements for installation and maintenance of inspection and sampling facilities.

(5)

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

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports (see § 18-304, Subsection 3G).

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Borough and affording the Borough access thereto. All records shall be maintained for a period of three years or longer in the case of unresolved litigation.

(9)

Requirements for notification of the Borough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)

Requirements for notification of sludge discharges as per § 18-305, Subsection 2.

(11)

Other conditions as deemed necessary by the Borough to ensure compliance with this Part.

Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year, or may be stated to expire on a specific date. The significant user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the significant 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 as identified in § 18-302 are modified or other just cause exists. The significant user shall be informed of any proposed changes in his permit at least 30 days prior to the effective data of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit Transfer. Significant user permits are issued to a specific significant user for a specific operation. A significant user permit shall not be reassigned or transferred or sold to a new owner, new significant user, different premises, or a new or changed operation without the written approval of the Borough. Any succeeding owner shall also comply with the terms and conditions of the existing permit.

Reporting Requirements in Permits.

(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 significant 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 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 significant user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant user and certified by a qualified professional.

(2)

Periodic Compliance Reports.

(a)

Any significant 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 to the POTW, shall submit to the Borough during the months of June and December, unless required more frequently in the pretreatment standards 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 flow which, during the reporting period, exceeded the average daily flow allowed in the permit. At the discretion of the Borough and, in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the Borough may agree to alter the months during which the above reports are to be submitted.

(b)

The Borough may impose mass limitations on significant 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 3G(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant 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, Part 136, and amendments thereto, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

(c)

All periodic compliance reports must be signed by an authorized representative of the significant user and certified by a qualified professional.

Monitoring Facilities. 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 during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or in the performance of any of their duties. The Borough and the EPA shall have the right to set up on the user's or significant user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a user or significant user has security measures in force which would require proper identification and clearance before entry into their premises, the user or significant user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Borough and the EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

Pretreatment.

(1)

Users and significant users shall provide necessary wastewater treatment as required to comply with this Part and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Borough shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review, and shall be acceptable to the Borough before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough under the provisions of this Part. 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 or significant user's initiation of the changes.

(2)

The Borough shall annually publish in a newspaper of general circulation a list of the users and significant users which were not in compliance with any pretreatment requirements or standards at least once during the previous 12 months. The notification also shall summarize any enforcement actions taken by the Borough against the users and significant users during the same 12 months. Reference: 40 CFR 403.8(f)(2) (VII).

(3)

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

Confidential Information.

Information and data on a user or significant user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user or significant user specifically requests and is able to demonstrate to the satisfaction of the Borough and/or Borough Authority,[2] that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user or significant user.

[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, but shall be made available upon written request to governmental agencies for uses related to this Part, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the Borough and/or Borough Authority[3] as confidential shall not be transmitted to any governmental agency other than EPA or PADEP or to the general public by the Borough and/or Borough Authority until and unless a ten-day notification is given to the user or significant user.

[3]

§ 18-305 Enforcement.

[Ord. 185, 6/5/1989, § 5.0; as amended by Ord. 256, 5/24/2004]

Notification of Violation. Whenever the Borough finds that any user or significant user has violated or is violating this Part, the 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.

Harmful Contributions.

The Borough may suspend a user permit or a significant user permit when 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, to the environment, causes interference to the POTW, or causes the Borough to violate any condition of its NPDES permit.

Any person notified of a suspension of a 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 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.

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:

Failure to report factually on discharge wastewater constituents and characteristics.

Failure to report significant changes in operations or wastewater constituents and characteristics.

Refusal to permit reasonable access to the premises for inspection and monitoring.

Violation of the conditions of the permit.

Appeal.

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.

Notice of Hearing. 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, 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 in an amount established from time to time by resolution of Borough Council per hearing session to cover the cost thereof.

Method of Decision. 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, which determination shall be binding both upon the Borough and all parties in interest.

Action Following Appeal Decision. 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.

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, the Borough Authority[1] and Borough attorneys may commence an action for appropriate legal and/or equitable relief in a court of competent jurisdiction.

[1]

§ 18-306 Penalty Costs.

[Ord. 185, 6/5/1989, § 6.0; as amended by Ord. 256, 5/24/2004]

Prosecution and 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, upon conviction thereof, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

Civil Remedies. In addition to prosecution before a District Justice as set forth in § 18-306, Subsection 1, hereof, the Borough may recover civil penalties, 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.

Falsifying Information. 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 wastewater contribution 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.