Borough of Middletown, PA Article II Sewer Use

[Adopted 8-3-1992 by Ord. No. 1032, approved 8-3-1992[1]]

[1] Editor's Note: This ordinance also repealed former Art. II, Sewer Use, adopted 9-11-1989 by Ord. No. 989, approved 9-11-1989.

§ 226-15 Purpose and policy; applicability.

A. This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Borough of Middletown, to effect compliance with applicable state and federal laws required by the Clean Water Act of 1977[1] and the General Pretreatment Regulations (40 CFR 403).

[1] Editor's Note: See 33 U.S.C. § 1251 et seq.

B. The objectives of this article 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 industrial pretreatment program.

C. 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 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.

D. This article shall apply to the Borough of Middletown and to persons outside the Borough who are users of the Authority POTW. Except as otherwise provided herein, the Borough shall administer, implement and enforce the provisions of this article.

E. Nothing contained in this article shall be construed as preventing any special agreement or arrangement between the Borough and users within or without 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. These special agreements do not pertain to wastes from significant industrial users that are bound by Federal Categorical Pretreatment Standards.

§ 226-16 Definitions and word usage.

A. 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.

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.

AUTHORITY

The Middletown Borough Authority, Dauphin County, Pennsylvania.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

An "authorized representative of an industrial user" may be:

(1) A corporate officer or manager, as follows:

(a) 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-making or decisionmaking functions for the corporation; or

(b) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

(3) A duly authorized representative of the individual designated above if the authorization is made, in writing, by the individual described in Subsection A(1)(a) above; or the authorization specifies either an individual or a 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 the written authorization is submitted to the Control Authority.

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 (mg/l).

BOROUGH

The Borough of Middletown, Dauphin County, Pennsylvania.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet 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

Federal Categorical Pretreatment Standards or pretreatment standards.

CONTROL AUTHORITY

Refers to the approval authority, as defined hereinabove; or the Borough 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:

Characteristic	Amount
Flow	250 gpd
Ammonia Nitrogen, as N	25 mg/l
BOD	250 mg/l
Phosphorus, as P	10 mg/l
Total Suspended Solids	250 mg/l
TKN, as N	40 mg/l

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 STANDARD or CATEGORICAL STANDARD

Any regulations containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317), which apply to a specific category of industrial users.

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.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) 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 40 CFR 403.9 and which has been approved by a regional administrator or state director in accordance with 40 CFR 403.11.

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INDUSTRIAL WASTE

Any solid, liquid or gaseous substance or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, causes the inhibition or disruption of the POTW treatment processes or operations or its sludge processes, use or disposal, which contributes to a violation of any requirement of the Authority'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 II, 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[1] 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.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

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

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act[2] and 40 CFR 403.5.

NEW SOURCE

(1) 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[3] which will be applicable to such source, if such standards are thereafter promulgated in accordance with that section, provided that:

(a) The building, structure, facility or installation is constructed at a site at which no other source is located;

(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

(2) 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.

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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company' 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 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, and indicates the degree of acidity or alkalinity of a substance.

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 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, biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a Federal Categorical Pretreatment Standard imposed on an industrial user.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned, in this instance, by the Authority. 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 or Authority, users of the Authority's POTW. The term also means the municipality as defined in Section 502(4) of the Act,[4] which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

SANITARY SEWAGE

The wastewater from residential households and toilet facilities from institutions, commercial and industrial establishments.

SIGNIFICANT INDUSTRIAL USER

Any nonresidential user of the Authority's POTW who:

(1) Is subject to Federal Categorical Pretreatment Standards;

(2) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling water and boiler blowdown wastewater);

(3) Contributes a process waste stream which makes up 5% or more of the average dry weather or organic capacity of the Authority's POTW treatment plant;

(4) Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act[5] or Pennsylvania statutes and rules; or

(5) Is found by the Borough, Pennsylvania Department of Environmental Resources (DER)[6] or the United States Environmental Protection Agency (EPA) to have a significant impact either singly or in combination with other contributing significant industrial users on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

SLUG

Any discharge of water, sewage or waste exceeding a concentration or flow greater than five times that of the average twenty-four-hour discharge from the user, which is discharged continuously for a period longer than 15 minutes.

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.

STATE

The 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 of Middletown who is charged with certain duties and responsibilities by this article, 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 EPA under the provision of Section 307(a) of the Clean Water Act[7] 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 Authority'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.

[1] Editor's Note: See 42 U.S.C. § 6901 et seq., 42 U.S.C. § 7401 et seq., 15 U.S.C. § 2601 et seq., and 33 U.S.C. § 1401 et seq., respectively.

[2] Editor's Note: See 33 U.S.C. § 1317(b).

[3] Editor's Note: See 33 U.S.C. § 1317(c).

[4] Editor's Note: See 33 U.S.C. § 1362(4).

[5] Editor's Note: See 33 U.S.C. § 1317.

[6] Editor's Note: Now the Department of Environmental Protection (DEP).

[7] Editor's Note: See 33 U.S.C. § 1317(a).

B. Word usage. The word "shall" is mandatory, "may" is permissive.

§ 226-17 Abbreviations.

The following abbreviations shall have the designated meanings:

Abbreviation	Meaning
BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency
L	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works
SIC	Standard Industrial Classification
SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.
U.S.C.	United States Code
TSS	Total suspended solids

§ 226-18 Prohibited discharges.

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

(1) 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, including but not limited to waste streams with a closed-cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21. 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, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substance which is a fire hazard or a hazard to the system.

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

(3) Grease, oil or 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/or 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/or 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.

(4) Petroleum oil, nonbiodegradable cutting oil or products of mineral origin in amounts that will cause interference or pass-through.

(5) Any wastewater having a pH less than 5.0 or greater than 9.5, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structure, equipment and/or personnel of the POTW.

(6) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, to constitute a hazard to humans and animals, to create a toxic effect in the receiving waters or the POTW or to exceed the limitations set forth in a Federal Categorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.[1]

[1] Editor's Note: See 33 U.S.C. § 1317(a).

(7) 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 or repair.

(8) 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 or reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or 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.[2]

[2] Editor's Note: See 33 U.S.C. § 1345, 42 U.S.C. § 6901 et seq., 42 U.S.C. § 7401 et seq., and 15 U.S.C. § 2601 et seq., respectively.

(9) Any substance which will pass through and as a result cause the POTW to violate its NPDES permit or the receiving water quality standards.

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

(11) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. or 104° F., unless the POTW treatment plant is designed to accommodate such temperature.

(12) 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 wasteload have a flow rate or contain concentrations or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation, unless otherwise authorized, in writing, by the Superintendent and/or the Borough.

(13) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent and/or the Borough in compliance with applicable state or federal regulations.

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

(15) No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool drainage, cooling water, unpolluted industrial or nonresidential process water. The discharge of cooling water from air-conditioning units with cooling towers or recirculating systems or from air-conditioning units using flow-through or nonrecirculating systems is prohibited. The sanitary sewers are not designed to handle the cooling water volumes produced by air-conditioning units. Cooling water free from bacteria and harmful chemicals should be drained into storm sewers in accordance with state and federal requirements.

B. When the Borough determines that a 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.

C. Any user, other than a significant industrial user, who shall contribute any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, upon conviction thereof by a summary proceeding, shall be sentenced to pay costs of prosecution and pay a fine in the amount of $1,000 per offense, and in default of payment of such fines and costs, to a term of imprisonment for a term not exceeding 30 days. Each day that the user contributes any of the above-enumerated substances shall constitute a separate offense for the purposes of this section.

[Added 12-3-2001 by Ord. No. 1147, approved 12-3-2001]

§ 226-19 Use of publicly owned treatment works facilities required.

A. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Borough of Middletown or in any area under the jurisdiction of said Borough any human or animal excrement, garbage or objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the Borough or under the jurisdiction of the Borough any wastewater, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

C. The owner(s) of all houses, buildings or properties used for human occupancy, employment, business, industry or other purposes situated within the Borough and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a POTW of the Borough is hereby required at the owner's (owners') expense to install suitable toilet facilities therein and to connect such facilities directly with the POTW in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that said POTW is within 100 feet of the property line.

§ 226-20 Building sewers and connections.

A. 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 wastewater discharge permit from the Superintendent and/or Borough as set forth in § 226-31 of this article, as applicable.

B. There shall be two classes of wastewater discharge permits: a general permit for commercial and nonsignificant industrial discharges, and a significant industrial user permit for significant industrial discharges. In either case, the owner or his agent shall make application on a special form furnished by the Borough. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent and/or Borough. All wastewater discharge permit applications shall be reviewed and approved, in writing, by the Borough prior to permit issuance. Permit and inspection fees for wastewater discharge permits shall be paid to the Borough at the time the wastewater discharge permit is issued. Permit and inspection fees for wastewater discharge permits shall be in such amounts as may be established from time to time by the Borough.[1]

[1] Editor's Note: See § 226-29 of this article.

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

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

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

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

[2] Editor's Note: See Ch. 114, Construction Code, Uniform.

G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the POTW, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

H. Floor drains, appliance connections and sewer connections below first floor level may be attached to the Borough sewer system only if the owner shall maintain a permanent water seal in the traps and provide the same with a check or backwater valve; and, further, even if said sewer drain is provided with a permanent water seal in the trap and a check or backwater valve, the Borough will not be responsible for any damages caused by the flooding or stoppage of said sewers into the basement where said drain or sewer connection is made.

I. 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 is in turn connected directly or indirectly to the POTW.

[Amended 9-7-2004 by Ord. No. 1184, approved 9-7-2004]

(1) Enforcement.

[Amended 8-7-2006 by Ord. No. 1212, approved 8-7-2006]

(a) Prior to the transfer of title of any property within the Borough of Middletown, the owner shall request the Borough to inspect the property's sewer connections for compliance with this Chapter 226. If this inspection reveals the connection is not in compliance, the property owner shall repair the connection prior to transfer. Upon completion of the repairs, the Borough shall reinspect the property and provide the property owner with certification of compliance with this Chapter 226. The Borough shall not permit the transfer of the sewer account to a new property owner until such time as this inspection and certification is completed. The fee for this inspection shall be set by resolution of Borough Council from time to time.

(b) It shall be the duty of the Borough Engineer, the Utility Operations and Maintenance Supervisor or their designee to immediately notify the Code Enforcement Officer of any violation of this subsection.

(c) It shall be the duty of the Code Enforcement Officer to notify the offending user to make all necessary corrections to any noted violations within 10 days of receipt of said notice. The Code Enforcement Officer may extend the correction deadline in the event of extraordinary circumstances as long as no immediate or imminent threat exists as set forth in Subsection I(1)(d) below.

(d) If, in the opinion of the Borough Engineer or the Utility Operations and Maintenance Supervisor or their assigns, the violation constitutes an immediate or imminent threat to the health and welfare of the general public, the violation poses an immediate or imminent threat to the environment or poses an immediate or imminent threat to the sewer system, the ten-day notice will be waived and the user will be ordered to make immediate corrections. If the user fails to make immediate corrections, the Code Enforcement Officer shall order that all necessary corrective actions be taken.

(e) The cost of any corrective actions shall be borne by the user. Payment of such costs shall not indemnify the user from any penalties prescribed by this subsection or any penalties prescribed by state or federal law.

(2) Violations and penalties.

(a) Any person who violates this subsection shall be subject to the following penalties:

[1] First violation: a fine of $250.

[2] Second violation: a fine of $500 or 30 days' imprisonment, or both.

[3] Third and each subsequent violation: a fine of $1,000 or 90 days' imprisonment, or both.

(b) This subsection and the foregoing penalties shall not be construed to limit or deny any person to such equitable or other remedies as may otherwise be available with or without process of law, including payment of damages to the Borough of Middletown by any person causing damage to the sewer system.

J. 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 gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

K. When required by the Superintendent and/or Borough, any person discharging to the sewer system any industrial wastes or combined industrial wastes and sanitary sewage shall install a suitable manhole or manholes or metering chamber on his connecting sewer or sewers to facilitate observation, sampling and measurement of the combined flow of wastes from his premises. Such manhole or manholes or metering chamber shall be accessible and safely located and shall be constructed in accordance with plans approved by the Borough or its designated representative. The manhole or metering chamber shall be installed by such person at his expense and shall be maintained by him so as to be safe and accessible to the Borough or its designated representative at all times. The construction and maintenance of such manhole or metering chamber shall be mandatory for significant industrial users, and if deemed necessary by the Borough, flows from such manhole or metering chamber shall be continuously monitored, transmitted and recorded by means of an approved receiving device.

L. The applicant for the wastewater discharge permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the POTW. The connection to the POTW and testing shall be made under the supervision of the Superintendent or his representative.

M. All excavations for building sewer installation shall be adequately guarded with barricades and light, 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.

N. No excavation, construction or connection work shall be commenced within an Authority right-of-way until the owner, his agents and/or independent contractor shall have first filed a bond in double the amount of the cost of the work to be performed as determined by the Borough and Authority, agreeing to indemnify and save harmless the Authority against any and all loss, damages, costs and expenses which the Authority 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.

§ 226-21 Compliance with federal pretreatment standards required.

Upon promulgation of the Federal Categorical Pretreatment Standard under Section 307 of the Clean Water Act[1] for a particular industrial subcategory, the categorical standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall supersede the limitations imposed by the Borough. The Borough shall notify all affected significant industrial users of the applicable reporting requirements under 40 CFR 403.12.

[1] Editor's Note: See 33 U.S.C. § 1317.

§ 226-22 Modification of federal pretreatment standards.

Where the Authority's wastewater treatment system achieves consistent removal of pollutants limited by Federal Categorical Pretreatment Standards, the Borough may apply to the Approval Authority for modifications of specific limits in the Federal Categorical Pretreatment Standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in 40 CFR 403.7(c). 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.

§ 226-23 Specific pollutant limitations.

[Amended 12-3-2001 by Ord. No. 1147, approved 12-3-2001]

A. The following technologically based limits were developed based on prevention of pass-through in compliance with NPDES and water quality limits and prevention of interference with POTW operations regarding process inhibition and sludge quality. No user shall discharge wastewater containing in excess of:

Parameter	Daily Maximum Concentration (mg/l)	Monthly Average Concentration (mg/l)
Arsenic	0.18	0.16
Biochemical oxygen demand	750	600
Cadmium	0.01	0.01
Chemical oxygen demand	1200	950
Total chromium	0.09	0.08
Copper	0.42	0.38
Total cyanide	0.18	0.16
Lead	0.15	0.14
Mercury	0.007	0.006
Nickel	0.12	0.11
Ammonia nitrogen	30.0	25.0
Oil and grease	100	100
pH	6.0 to 9.0	6.0 to 9.0
Total phosphorus	15.0	12.0
Silver	0.44	0.40
Total suspended solids	1100	880
Zinc	0.12	0.11

B. Any user, other than a significant industrial user, who shall be in violation of this section, upon conviction thereof by a summary proceeding, shall be sentenced to pay costs of prosecution and pay a fine in the amount of $1,000 per offense and, in default of payment of such fines and costs, to a term of imprisonment for a term not exceeding 30 days. Each day that the user contributes any of the above-enumerated substances shall constitute a separate offense for the purposes of this section.

§ 226-24 State requirements.

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.

§ 226-25 Borough's right of revision.

The Borough reserves the right to establish through a wastewater discharge permit more stringent limitations or requirements on discharges to the wastewater treatment system if deemed necessary and appropriate to comply with the objectives presented in § 226-15 of this article.

§ 226-26 Unlawful substitutes for treatment prohibited.

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 with any other pollutant-specific limitation developed by the Borough, state or federal agencies.

§ 226-27 Accidental discharges.

A. Protection. Each user shall provide protection from accidental discharges of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharges of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Borough for review and shall be approved by the Borough before construction of the facility. All existing users shall complete such a plan 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 user from the responsibility to modify its facility, as necessary, to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include the location of the discharge, the type of waste, concentration and volume and corrective actions.

B. Written report. Within five days following an accidental discharge, 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 or aquatic life or any other damages to person or property. Such report shall not 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.

§ 226-28 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 such a dangerous discharge to occur are advised of the emergency notification procedures.

§ 226-29 Fees.

A. Purpose. It is the purpose of this section to provide for the recovery of costs from users of the Authority's wastewater treatment system 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.[1]

[1] Editor's Note: The fee schedule is on file in the office of the Borough Secretary.

B. Charges and fees.

(1) The Borough may adopt charges and fees which may include:

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

(b) Fees for sampling, monitoring, inspections and surveillance procedures.

(c) Fees for reviewing accidental discharge procedures and construction.

(d) Fees for permit applications.

(e) Fees for filing appeals.

(f) Fees for consistent removal by the Borough of pollutants over and above the limitations specified herein and/or pollutants otherwise subject to Federal Categorical Pretreatment Standards.

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

(2) These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Borough.

§ 226-30 Wastewater discharges regulated.

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 article.

§ 226-31 Wastewater discharge permits.

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

B. Classes of permits.

(1) There shall be two classes of wastewater discharge permits:

(a) General permit: for commercial and nonsignificant industrial discharges; and

(b) Significant industrial user permit: for significant industrial discharges.

(2) In either case, the owner or his agent shall make application on a special form furnished by the Borough. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent and/or Borough. All wastewater discharge permit applications shall be reviewed and approved, in writing, by the Borough prior to permit issuance. Permit and inspection fees for a significant industrial user wastewater discharge permit shall be paid to the Borough at the time the significant industrial user wastewater discharge permit is issued. Permit and inspection fees for general wastewater discharge permits shall be in such amounts as may be established from time to time by the Borough.

§ 226-32 Significant industrial user permits.

A. Permit. All significant industrial users proposing to connect or contribute to the POTW shall obtain a significant industrial user wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall apply for a significant industrial user wastewater discharge permit within 30 days after the effective date of this article.

B. Permit application.

(1) A significant industrial user required to obtain a significant industrial user wastewater discharge permit shall complete and file with the Borough an application in the form prescribed by the Borough. In support of the application, the significant industrial user shall submit in units and terms appropriate for evaluation, the following information:

(a) The name, address and location.

(b) The SIC number, according to the Standard Industrial Classification Manual, Office of Management and Budget, 1987, as amended.

(c) A description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(d) Water usage and disposal.

(e) The time and duration of contribution.

(f) The average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(g) Each product produced by type, amount, process or processes and rate of production.

(h) The type and amount of raw materials processed.

(i) The number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(j) Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 226-18 through 226-28 of this article, as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Clean Water Act[1] and contained in 40 CFR 136, as amended.

[1] Editor's Note: See 33 U.S.C. § 1314(g).

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

(l) Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, 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.

(m) If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the significant industrial user will provide such additional pretreatment The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[1] 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 significant industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

[2] No increment referred to in B(1)(m)[1] shall exceed nine months.

[3] No later than 14 days following each date in the schedule and the final date for compliance, the significant industrial user shall submit a progress report to the Superintendent, 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 industrial 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.

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

(o) The permit application shall be signed by an authorized representative of the significant industrial user.

(2) The Borough will evaluate the data furnished by the significant industrial user and may require further information. After evaluation and acceptance of the data furnished, the Borough may issue a significant industrial user wastewater discharge permit subject to the terms and conditions provided herein.

C. Permit modifications. Within nine months of promulgation of a Federal Categorical Pretreatment Standard, the significant industrial user wastewater discharge permit subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant industrial user, subject to a Federal Categorical Pretreatment Standard, has not previously submitted an application for a significant industrial user wastewater discharge permit as required in Subsection A above, the significant industrial user shall apply for a significant industrial user wastewater discharge permit within 180 days after the promulgation of the applicable Federal Categorical Pretreatment Standard. In addition, the significant industrial user with an existing significant industrial user wastewater discharge permit shall submit to the Borough within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required in Subsection B(1)(l) and (m).

D. Permit conditions. Significant industrial user wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, significant industrial user charges and fees established by the Borough. Permits may contain the following:

(1) The unit charge or schedule of significant industrial user charges and fees for the wastewater to be discharged to the sewer system.

(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 schedules.

(6) Compliance schedules.

(7) Requirements for submission of technical reports or discharge reports. (See Subsection L below.)

(8) Requirements for maintaining and retaining plant records relating to wastewater discharge for five years or longer as specified by the Borough and affording the Borough access thereto.

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

(10) Requirements for notification of slug discharges as per § 226-27.

(11) Other conditions as deemed necessary by the Borough to ensure compliance with this article.

E. Permit duration. Significant industrial user wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A significant industrial user wastewater discharge permit may be issued for a period of less than one year or may be stated to expire on a specific date.

F. Public notification. The Borough shall publish in The Press and Journal a notice of intent to issue a significant industrial user wastewater discharge permit at least 14 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

G. Permit appeals. The Borough will provide interested parties with notice of final significant industrial user wastewater discharge permit decisions. Upon notice by the Borough, any person, including the permittee, may petition to appeal the terms of the significant industrial user wastewater discharge permit, in writing, within 30 days of the notice.

(1) Failure to submit a petition for review shall be deemed a waiver of the appeal.

(2) In the petition, the permittee must indicate the permit provisions objected to, the reasons for the objection and the alternative condition, if any, it seeks to be placed in the permit.

(3) The effectiveness of the permit shall not be stayed pending reconsideration by the Borough. If, after reviewing the petition and any arguments, the Borough determines that reconsideration is appropriate, the Borough shall remand the permit for reissuance.

(4) A Borough decision not to reconsider a final permit shall be considered a final administrative action for purposes of judicial review.

(5) The permittee seeking judicial review of the Borough's final action must do so by filing a complaint with the Court of Common Pleas for Dauphin County within 30 days.

H. Permit action.

(1) The terms and conditions of the significant industrial user wastewater discharge permit may be subject to modification by the Borough during the term of the permit. These reasons include but are not limited to the following:

(a) To incorporate any new or revised federal, state or local pretreatment standards or requirements.

(b) Any changes in the permittee's process or discharge characteristics.

(c) Information indicating that the permitted discharge poses a threat to the Authority's collection and treatment facilities, personnel or receiving waters.

(d) Violation of any terms or conditions of the permit.

(e) Misrepresentation or failure, upon the permittee's part, to disclose fully all relevant facts in the permit application or any required reporting.

(f) To correct typographical or other errors in the permit.

(g) To reflect transfer of facility ownership and/or operation to a new owner/operator.

(h) Upon request by the permittee, provided that such request does not create a violation of any applicable requirements, standards, laws or rules and regulations.

(2) The permittee shall be informed of any proposed changes in his significant industrial user wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as determined by the Borough. The filing of a request by the permittee for a permit modification, revocation or reissuance or termination or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

I. Permit transfer. Significant industrial user wastewater discharge permits are issued to a specific significant industrial user for a specific operation. A significant industrial user wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new significant industrial user, different premises or a new or changed operation without the written approval of the Borough.

(1) The permittee must give at least 30 days' advance notice to the Borough.

(2) The notice shall include a written notarized certification by the new owner which:

(a) States that the new owner has no intent to change the facility's operations or processes.

(b) Identifies the specific date on which the transfer is to occur.

(c) Acknowledges full responsibility for complying with the existing permit.

J. Permit termination. Significant industrial user wastewater discharge permits may be terminated for the following reasons:

(1) Falsifying monitoring reports.

(2) Tampering with monitoring equipment.

(3) Refusing to allow timely access to the facility premises and records.

(4) Failure to meet effluent limitations.

(5) Failure to pay fines.

(6) Failure to pay sewer charges.

(7) Failure to meet compliance schedules.

K. Permit reissuance. The permittee shall apply for permit reissuance a minimum of 180 days prior the expiration of the significant industrial user's existing significant industrial user wastewater discharge permit. If the significant industrial user wastewater discharge permit is not reissued by the Borough prior to its expiration date, the conditions of the existing permit shall continue until such time that a new permit is issued by the Borough, though not to exceed three months.

L. Reporting requirements.

(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 industrial 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 and the average and maximum daily flow for these process units in the significant industrial user facility which are limited by such pretreatment standards and 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 industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant industrial user and certified to by a qualified professional.

(2) Periodic compliance reports.

(a) Any significant industrial user subject to a categorical standard after the compliance date of such categorical standard or, in the case of a new source, after commencement of the discharge to the POTW, shall submit to the Superintendent, during the months of June and December, unless required more frequently in the categorical standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow allowed in the permit. If sampling by the significant industrial user indicates a violation, the significant industrial user shall notify the POTW within 24 hours of becoming aware of the violation. The significant industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation, except if the POTW performs sampling at least once per month at the significant industrial user's facility or if the POTW performs sampling at the significant industrial user's facility between the time when the significant industrial user performs its initial sampling and the time the significant industrial user receives the results of this sampling. At the discretion of the Superintendent and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted. This report shall be signed by an authorized representative of the significant industrial user.

(b) The Borough may impose mass limitations on significant industrial 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 L(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial 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 re quested by the Borough, of pollutants contained therein which are limited by the applicable pretreatment, standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the Borough. All analyses shall be performed in accordance with procedures established by 40 CFR 136 and amendments thereto or with any other test procedures approved by EPA. Sampling shall be performed in accordance with the techniques approved by EPA. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by EPA.)

M. Monitoring facilities. The Borough shall require to be provided and operated at the significant industrial user's own expense monitoring facilities to allow inspection, sampling and flow measurement of building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the significant industrial user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the significant industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the significant industrial user. 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.

N. Inspection and sampling. The Borough shall inspect the facilities of a significant industrial user to ascertain whether the purpose of this article 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, state and EPA shall have the right to set up on the significant industrial user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a significant industrial user has security measures in force which would require proper identification and clearance before entry into their premises, the significant industrial user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Borough, state and EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.

§ 226-33 Pretreatment.

A. Significant industrial users shall provide necessary wastewater treatment as required to comply with this article 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 significant industrial 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 significant industrial 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 significant industrial user's initiation of the changes.

B. The Borough shall annually publish in the largest newspaper of general circulation a list of the significant industrial users which were in significant noncompliance (SNC) with applicable pretreatment standards or requirements at least once during the previous 12 months. The notification also shall summarize any enforcement actions taken by the Borough against the significant industrial users during the same 12 months.

(1) For the purposes of this provision, a significant industrial user is in SNC if its violation meets one or more of the following criteria:

(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average monthly limit for the same pollutant.

(b) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average monthly limit multiplied by the applicable TRC. (TRC equals 1.4 for BOD, O&G and TSS and 1.2 for all other pollutants except pH.)

(c) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Borough 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 milestone contained in the significant industrial user wastewater discharge permit or separate enforcement order for starting construction, completing construction or attaining final compliance.

(f) Failure to provide, within 30 days after the due date, required reports, such as baseline monitoring reports, semiannual and annual compliance reports, monthly monitoring reports and reports on compliance with compliance schedules.

(g) Failure to accurately report noncompliance.

(h) Any other violation or group of violations which the Borough determines will adversely affect the operation or implementation of the Borough's pretreatment program.

(2) All records relating to compliance with pretreatment standards shall be made available to officials of the state or EPA upon request.

§ 226-34 Confidentiality of information.

A. Information and data on a significant industrial 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 significant industrial 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 significant industrial user.

B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret presses 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 article, the national pollution discharge elimination system (NPDES) permit, state disposal permit and/or the pretreatment program; 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.

C. Information accepted by the Borough as confidential shall be transmitted to any governmental agency immediately when requested, but not to the general public unless a ten-day notification is given to the significant industrial user by the Borough.

§ 226-35 Enforcement; remedies; appeals; violations and penalties.

A. Administrative enforcement remedies.

(1) Notification of violation (NOV). Whenever the Borough finds that a significant industrial user has violated or is violating this article, the significant industrial user wastewater discharge permit or any order, prohibition, limitation or requirement contained herein, the Borough may serve upon such person a written notice stating the nature of the violation. Within 10 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Borough by the significant industrial user. If the significant industrial user fails to submit a plan within this ten-day period, the Borough shall develop and enforce a plan to correct the violation in question at the significant industrial user's expense. The provisions of this section shall not relieve the significant industrial user of any responsibility under this article, statute, law, rule or regulation.

(2) Cease and desist orders. When the Borough finds that a significant industrial user has violated or continues to violate this article, the significant industrial user wastewater discharge permit or order issued hereunder, the Borough may issue an order to cease and desist all such violations and direct the significant industrial user in noncompliance to:

(a) Comply forthwith; and

(b) Take such appropriate remedial or preventive action as may be necessary to properly address a continuing or threatening violation, including halting operations and terminating the discharge.

(3) Compliance order. When the Borough finds that a significant industrial user has violated or continues to violate this article, the significant industrial user wastewater discharge permit or order issued hereunder, the Borough may issue a compliance order to the significant industrial user responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and properly operated. Compliance orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.

(4) Consent orders. The Borough is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the significant industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the significant industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to Subsection A(3) above.

(5) Show cause orders.

(a) Notwithstanding the aforesaid enforcement provisions, the Borough may order any significant industrial user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Borough why the proposed enforcement action should not be taken. A notice shall be served on the significant industrial user specifying the time and place of a hearing to be held by the Borough regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the significant industrial user to show cause before the Borough why the proposed enforcement action should not be taken. The notice of the hearing shall be served by certified or registered mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

(b) The Borough or other person designated by the Borough shall conduct the hearing and be authorized as follows:

[1] To issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

[2] To take the evidence.

[3] To transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough for action thereof.

(c) At any hearing held pursuant to this article, testimony shall be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(d) After the Borough has reviewed the evidence, it may issue an order to the significant industrial user responsible for the discharge directing that, following a specified time period, the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives deemed necessary and appropriate may be issued by the Borough.

(6) Administrative fines. Notwithstanding any other section of this article, any significant industrial user who is found to have failed to comply with any provision of this article, and the orders, rules, regulations, and permits issued hereunder, shall be fined an amount not to exceed $25,000 for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Borough may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article, or the orders, rules, regulations and permits issued hereunder. Unpaid charges, fines and penalties shall constitute a lien against an individual significant industrial user's property. Significant industrial users desiring to dispute such fines must file a request for the Borough to reconsider the fine within 10 days of being notified of the fine. Where the Borough believes a second request has merit, the Borough shall convene a hearing on the matter within 15 days of receiving the request from the significant industrial user.

(7) Emergency suspensions.

(a) The Borough may suspend wastewater treatment service and/or the significant industrial user wastewater discharge 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 or to the environment, causes interference with the POTW or causes the POTW to violate any condition of its NPDES permit.

(b) Any significant industrial user notified of a suspension of wastewater treatment service and/or the significant industrial user wastewater discharge permit shall immediately stop or eliminate the discharge to the POTW. In the event of a failure by the significant industrial user to comply voluntarily with the suspension order, the Borough shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream or endangerment to any individuals. The Borough shall reinstate the significant industrial user wastewater discharge permit upon proof of the elimination of the noncomplying discharge by the significant industrial user and payment of any damages, fines, penalties or costs associated with the discharge.

(c) A significant industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any further occurrence to the Borough within 15 days of the date of occurrence.

(8) Revocation of permit.

(a) Any significant industrial user who violates the following conditions of this article or applicable state and federal regulations, is subject to having his significant industrial user wastewater discharge permit revoked for, but not limited to, the following changes:

[1] Failure of the significant industrial user to factually report the wastewater constituents and characteristics of discharge;

[2] Failure of the significant industrial user to report significant changes in operations or wastewater constituents and characteristics;

[3] Refusal to permit reasonable access to the significant industrial user's premises for the purpose of inspection, monitoring, or sampling; or

[4] Violation of the conditions of the significant industrial user wastewater discharge permit.

(b) Noncompliant significant industrial users will be notified of the proposed termination of their significant industrial user wastewater discharge permit and be offered an opportunity to show cause under Subsection A(5) above why the proposed action should not be taken.

B. Judicial remedies. If any significant industrial user or other person discharges sewage, industrial wastes or other wastes into the POTW contrary to the provisions of this article, federal or state pretreatment requirements or any order of the Borough, the Borough Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Dauphin County. Some of these actions include the following:

(1) Injunctive relief. Whenever a significant industrial user has violated or continues to violate the provisions of this article, the significant industrial user wastewater discharge permit or order issued hereunder, 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 significant industrial user. The Borough shall have such remedies to collect these fees as it has to collect other sewer service charges.

(2) Civil penalties.

(a) Any significant industrial user who has violated or continues to violate this article and the orders, rules, regulations and permits issued hereunder shall be liable to the Borough for a civil penalty of not more than $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 may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

(b) 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 significant industrial user's violation, corrective actions by the significant industrial user, the compliance history of the significant industrial user and any other factor as justice requires.

(3) Criminal prosecution. Any significant industrial user who willfully or negligently violates any provision of this article, the significant industrial user wastewater discharge permit or order issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $25,000 per violation per day or imprisonment for not more than one year, or both.

(4) Falsifying information. Any significant industrial 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 significant industrial user 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 of not more than $25,000 per violation per day or imprisonment for not more than one year, or both.

C. Affirmative defenses.

(1) Treatment upsets.

(a) Any significant industrial user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation, shall inform the Borough thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the significant industrial user within five days. The report shall contain:

[1] A description of the upset, its causes and impact on the discharger's compliance status.

[2] The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.

[3] All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.

(b) A significant industrial user which complies with the notification provisions of this section in a timely manner shall have an affirmative defense to any enforcement action brought by the Borough for any noncompliance with this article, the significant industrial user wastewater discharge permit or order issued hereunder by the significant industrial user, which arises out of violations attributable to and alleged to have occurred during the period documented and verified upset.

(2) Treatment bypasses.

(a) A bypass of the treatment system is prohibited unless all of the following conditions are met:

[1] The bypass is unavoidable to prevent loss of life, personal injury or severe property damage.

[2] There is no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater.

[3] The significant industrial user properly notifies the Borough as described in this section.

(b) Significant industrial users must provide immediate notice to the Borough upon discovery of an unanticipated bypass. If necessary, the Borough may require the significant industrial user to submit a written report explaining the cause, nature and duration of the bypass and the steps being taken to prevent its recurrence. A significant industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Significant industrial users anticipating a bypass must submit notice to the Borough at least 10 days in advance. The Borough may only approve the anticipated bypass if the circumstances satisfy those set forth in this section.