[Adopted 6-11-1985 by Ord. No. 221-A (Ch. 18, Part 2, of the 2010 Code
of Ordinances)]
[Amended 1-15-1991 by Ord. No. 264-A; 11-16-1993 by Ord. No. 282-A]
The purpose of this article is to enable the Borough of Chalfont
and Chalfont-New Britain Township Joint Sewage Authority to comply
with all applicable state and federal environmental laws regulating
the collection and treatment of domestic waste and industrial waste
in the Borough of Chalfont as well as assist in assuring a well-operated
municipal wastewater sewage system and treatment process and to add
local discharge limits in accordance with the requirements of the
United States Environmental Protection Agency for industrial pretreatment
programs. In this regard, the particular objectives of this article
are:
A.
To prevent the introduction of pollutants into the municipal wastewater
system which could or would interfere with the operation of the system,
contaminate any resulting sludge or otherwise be incompatible with
the system.
B.
To prevent the introduction of pollutants into the municipal wastewater
system which could or would pass through the system inadequately treated
into receiving waters or into the atmosphere.
C.
To prevent the introduction of pollutants into the municipal wastewater
system that could or would harm the collection system, the treatment
plant or the health, safety and welfare of the operating personnel.
D.
To prevent the introduction into the municipal wastewater system
clean water discharges that could or would interfere with the operation
of the system.
E.
To prevent the introduction of clean water discharges into the municipal
wastewater system which would consume the treatment plant capacity
and/or reduce the effectiveness or interfere with the treatment process.
This article regulates both the direct and indirect users of
the municipal wastewater system in the Borough of Chalfont. The article
shall apply to users within the Borough of Chalfont.
[Amended 12-18-2001 by Ord. No. 326]
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, as amended from
time to time, 33 U.S.C. § 1251 et seq., including all regulations
promulgated thereunder by EPA under Title 40, CFR.
Chalfont-New Britain Joint Sewer Authority.
An authorized representative of an industrial user shall
be:
If the industrial user is a business corporation, municipal
corporation, authority, nonprofit corporation or unincorporated association,
a principal executive officer of at least the level of Vice President,
executive director or chief administrator, unless another individual
is expressly authorized by the Board of Directors or other governing
body.
If the industrial user is a partnership or proprietorship, a
general partner or proprietor, respectively.
The quality of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures at a temperature
of 20° C. expressed in terms of weight and concentration (milligrams
per liter, mg/l).
The Borough of Chalfont.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The Pennsylvania Department of Environmental Protection or,
where appropriate, it shall also mean any duly authorized official
of said agency.
The normal waterborne or dissolved waste discharged by a
residential household, as well as toilet wastes discharged by any
user.
The United States Environmental Protection Agency or, where
appropriate, it shall also mean any duly authorized official of said
agency.
Any regulations prescribing pollutant discharge limits by
industrial user categories promulgated by the EPA pursuant to the
Act [33 U.S.C. § 1317(b) and (c)].
A user owning or operating any facilities, premises or structures
used for or intended to be used in whole or in part for manufacturing,
fabricating, warehousing, processing, cleaning or assembly of any
product, commodity or article or developing, recovering or processing
natural resources. For this purpose, any user discharging wastewater
into the municipal wastewater system which, based on information,
experience or analysis, is deemed to be industrial waste, shall also
be considered an industrial user.
Any solid, liquid or gaseous substance or waterborne or dissolved
wastes or cooling water, other than domestic waste, that is ejected,
escaped or discharged into the municipal wastewater system. Industrial
waste include pollutants and toxic pollutants as defined herein.
The inhibition or disruption of the treatment plant or treatment
process which may contribute to or cause a violation of any requirement
of the NPDES permit. The term includes prevention of sewage sludge
use or disposal in accordance with the act (33 U.S.C. § 1345,
or any criteria ,guidelines or regulations developed pursuant to the
Federal Solid Waste Disposal Act,[1] the Federal Clean Air Act,[2] the Federal Toxic Substance Control Act[3] or more stringent state criteria, including those contained
in any state sludge management plan) applicable to the method of disposal
or use by the municipal wastewater system.
A sewer line conveying wastewater from the premises of a
user to the municipal wastewater system.
The sewage and wastewater collection system, treatment plant,
pump stations and other ancillary facilities owned and operated by
the Borough and Chalfont-New Britain Joint Sewer Authority (CNBJSA).
This shall include not only Borough- and CNBJSA-owned wastewater lines
(sewer) but any other wastewater lines which, by agreement or by order
of other authority, discharge into the Borough- or CNBJSA-owned collection
system or the treatment plant. This definition also includes the treatment
processes, systems and procedures.
The National Pollution Discharge Elimination System permit
issued to the Borough pursuant to the Act (33 U.S.C. § 1342).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity and/or any other legal entity or its legal representatives,
trustees, agents, successors or assigns. The masculine gender shall
include the feminine; the 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.
Any dredged spoil, solid waste, gaseous waste, incinerator
residue, sewage, garbage, sewage sludge, chemical wastes, biological
materials, radioactive materials, heat, rock, sand, cellar dirt and
industrial, municipal and agricultural waste discharged into water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
or chemical composition or concentration in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing
such pollutants into the municipal wastewater system. The reduction,
elimination or alteration may be the result of:
The pretreatment requirements prescribed by the Borough,
Bucks County Water and Sewer Authority (BCWSA) and the federal pretreatment
standards. These requirements shall take precedent over the federal
pretreatment standards when the pretreatment requirements specified
herein are more restrictive.
Shall is mandatory; may is permissive.
Any industrial user of the municipal wastewater system who:
Has a discharge flow of 10,000 gallons or more per average workday.
Has a flow greater than 2% of the monthly average flow in June
to the Borough's wastewater treatment system.
Has in its wastewater toxic pollutants as defined in the Act
(33 U.S.C. § 1317).
Has in its wastewater substances at concentrations that at any
time exceed the quantitative limits prescribed by the Borough.
Is found by the Borough, Bucks County Water and Sewer Authority
(BCWSA), DEP or EPA to have significant impact, either singly or in
combination with other contributing industrial users, on the treatment
process, the quality of the sludge, the quality of the effluent or
the air emissions generated by the treatment process.
State of Pennsylvania.
Any water flow occurring during or following any form of
natural precipitation and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids and is discharged
or subject to discharge into the municipal wastewater system.
Any pollutant or combination of pollutants:
Listed as toxic in regulations promulgated by the EPA under
the Act.
Discharged into the municipal wastewater system at a concentration
that has been or can be shown by scientific experiment to inhibit
or disrupt any part or portion of the treatment process.
Listed as toxic in regulations promulgated by the DEP.
Specifically identified by any other state or federal act as
being toxic.
That portion of the municipal wastewater system designed
to provide treatment to the discharged wastewater, including all pumps,
holding tanks and other such ancillary facilities.
Those operations, processes, systems and procedures employed
at the treatment plant to alter the wastewater discharged into the
municipal wastewater system so that the effluent from the treatment
plant will meet or exceed the NPDES permit standards.
Any person who voluntarily or involuntarily, intentionally
or unintentionally, accidentally or inadvertently discharges wastewater
into the municipal wastewater system.
It is:
The permits issued by the Borough and CNBJSA authorizing
discharge of industrial waste into the municipal wastewater system.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations 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.
[Amended 1-15-1991 by Ord. No. 264-A; 11-16-1993 by Ord. No. 282-A; 12-18-2001 by Ord. No. 326]
No 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 municipal wastewater system. These
general prohibitions apply to all such users, whether or not the user
is subject to federal pretreatment standards. A user may not discharge
the following substances to the municipal wastewater system:
A.
Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other
way to the municipal wastewater system, its employees or the public
generally. At no time shall two successive readings on an explosion
hazard meter at the point of a user's discharge into the municipal
wastewater 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, other substances having similar characteristics
or any other substance which the Borough, CNBJSA, DEP or EPA has notified
a user to be a fire hazard or a hazard to the system.
B.
Solid or viscous substances which could be or would cause obstruction
to the flow in a wastewater line or pump or cause 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 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,
motor oil, plastics, gas, tar, asphalt, residues, residues from refining
or processing of fuel or lubricating oil, mud or glass grinding or
polishing wastes.
C.
Any wastewater having pH less than six or more than 8.5 or wastewater
having any other corrosive property capable of causing damage or constituting
a hazard to the structures, the equipment or the employees of the
municipal wastewater system or to the public generally.
D.
Any wastewater:
(1)
Containing toxic pollutants either singly or by interaction with
other pollutants, which could or would injure or interfere with the
treatment process, constitute a hazard to humans or animals, or create
a toxic effect in the receiving waters of the state.
(2)
Containing substances in amounts that exceed limitations set forth
in the federal pretreatment standards or set forth in this article.
E.
Any wastewater, noxious or malodorous liquids, gases or solids which,
either singly or by interaction with other wastes, could or would
create a public nuisance, create a hazard to life or prevent maintenance
and repair of the municipal wastewater system.
F.
Any substance which could or would cause the effluent or any other
products of the treatment process, 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 into
the municipal wastewater system cause the products of the treatment
process to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations promulgated pursuant to § 405
of the Act, the Solid Waste Disposal Act,[1] the Clean Air Act,[2] the Toxic Substances Control Act[3] or any state regulations applicable to the sludge management
method being used.
G.
Any substance which could or would cause the municipal wastewater
system to violate its NPDES permit and/or its DEP stream discharge
permit or fail to meet the receiving water quality standards.
H.
Any wastewater with objectionable color not removable in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
I.
Any wastewater having a temperature which could or would inhibit
biological activity in the treatment process and result in interference;
the interference shall be conclusive when the wastewater has such
a temperature as to cause the entire flow into the treatment plant
to exceed 40° C. (104° F.) at any point in time.
J.
Any pollutants, including BOD pollutants, released at such a flow
rate or at such a concentration that a user knows or has reason to
know would cause interference in the treatment process.
K.
Any wastewater slug discharge having a flow rate or containing concentrations
or qualities of pollutants that exceed during any time period longer
than 15 minutes more than five times the average twenty-four-hour
flow concentration during normal operations.
L.
Any wastewater containing any radioactive wastes or isotopes.
M.
Any wastewater containing in excess of the following concentrations:
(1)
Cadmium (Cd): 0.65 mg/l.
(2)
Chromium (Cr): 1.00 mg/l.
(3)
Copper (Cu): 1.00 mg/l.
(4)
Cyanide (CN): 0.75 mg/l.
(5)
Lead (Pb): 0.50 mg/l.
(6)
Mercury (Hg): 0.020 mg/l.
(7)
Nickel (Ni): 2.00 mg/l.
(8)
Silver (Ag): 0.730 mg/l.
(9)
Zinc (Zn): 1.00 mg/l.
(10)
Arsenic (As): 4.00 mg/l.
(11)
Beryllium (Be): 0.005 mg/l.
(12)
Selenium (Se): 0.140 mg/l.
(13)
Tin (Sn): 2.50 mg/l.
No person or user shall discharge into the municipal wastewater
system industrial wastewater without a valid wastewater discharge
permit from the Borough and from the CNBJSA nor shall any discharge
occur except in accordance with the provisions of the permits as amended,
from time to time, including the specific pollutant limitations set
forth therein and any rules or regulations promulgated thereunder.
All existing significant industrial users shall apply for a wastewater
discharge permit within 60 days of the effective date of this article.
All other industrial users shall apply for a wastewater discharge
permit within 60 days of being notified to do so by the Borough and
CNBJSA.
No person or user shall discharge or cause to be discharged
any unpolluted waters, such as water from sump pumps, floor drains,
stormwater, groundwater roof runoff, subsurface drainage, foundation
drainage or cooling water, into the municipal wastewater system. Stormwater
and all other unpolluted drainage shall be discharged to facilities
that are specifically designed as storm sewers or to natural outlets
approved by the Borough.
In the event federal pretreatment standards are promulgated for a particular industrial subcategory which are more stringent than the standards imposed by § 327-11, above, then the federal standards shall supersede the standards imposed hereby. In such an event, the Borough and CNBJSA shall notify all affected users of the new standards and inform them of the applicable reporting requirements.
[Amended 12-18-2001 by Ord. No. 326]
In the event the DEP promulgates standards for industrial wastewater discharges that are more stringent than the federal pretreatment standards or more stringent than those imposed by § 327-11, then the DEP standards shall supersede all other standards. In such an event, the Borough and CNBJSA shall notify all affected users of the new standards and inform them of the applicable reporting requirements.
No user shall, without the Borough's written consent, increase
the use of process water or in any way attempt to dilute a discharge
to achieve compliance with the standards of the wastewater discharge
permits.
[Amended 12-18-2001 by Ord. No. 326; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Each user discharging industrial waste shall take all necessary
measures to prevent the accidental discharge of prohibited material,
pollutants or other substances regulated by the DEP, EPA and Borough
ordinance. All facilities and measures employed to prevent accidental
discharge shall be provided and maintained at the user's own
cost and expense. Detailed plans showing facilities and operating
procedures to provide such protection shall be submitted to the Borough
and CNBJSA for their review and written approval before construction
of the facility and implementation of the operating procedures. All
existing significant industrial users shall submit to the Borough
for approval detailed plans to prevent accidental discharges within
180 days of adoption of this article. All other users discharging
industrial waste shall submit like plans for approval within 60 days
after being notified to do so by the Borough and CNBJSA. No significant
industrial user who commences discharging into the municipal wastewater
system after the effective date of this article shall discharge pollutants
into the municipal wastewater system until it has received written
approval of its plans for accidental discharges. Approval of such
detailed plans shall not relieve the user from the responsibility
to modify the user's facility as necessary to meet the continuing
requirements of this article.
In the event of an accidental discharge of industrial waste
or pollutants, the user shall immediately notify the Borough and CNBJSA
of the incident. The notification shall include location of discharge,
type of industrial waste, including all pollutants, their concentration
and volume and the corrective actions taken. Thereafter, within five
days following an accidental discharge of industrial waste, the user
shall submit to the Borough and CNBJSA a detailed written report describing
the entire incident, including the cause of the discharge, how the
preventive measures were circumvented or were ineffective and what
measures are being taken by the user to prevent similar occurrences.
Such notification shall not relieve the user of expense, loss, damage
or other liability incurred as a result of damage to the municipal
wastewater system, fish life or any other damage to person or property,
nor shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed by this article or other federal
or state statute.
Each user discharging industrial waste into the municipal wastewater
system shall cause a notice to be permanently posted on its bulletin
board or other prominent place advising employees who to call in the
event of an accidental discharge. Employers shall ensure that all
employees who may cause or are likely to be involved in an accidental
discharge are advised of the emergency notification procedures.
Users shall complete and file all reports at the date, in the
form and with the information required by the Borough and CNBJSA from
time to time.
A.
Any monitoring facilities required by the Borough and CNBJSA shall
be provided and operated by the user at its expense. The monitoring
facilities shall allow for inspection, sampling and flow measurement
of domestic waste and industrial waste discharges as well as pretreatment
requirements. The facility shall be situated on the user's premises,
except when such a location would be impractical or cause undue hardship
on the user. The Borough may permit the facility to be constructed
in the public street or sidewalk area and so located that it will
not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near each sampling manhole or facility
to allow accurate sampling and sample preparation for analysis. The
facility and all related equipment shall at all times be maintained
in a safe and proper operating condition.
C.
The monitoring facilities shall meet all the Borough requirements
and comply with all applicable Borough building, plumbing and electrical
codes. User shall have 90 days to construct and equip the required
facilities.
[Amended 12-18-2001 by Ord. No. 326]
A.
The Borough, CNBJSA or their representatives shall have the right
to inspect the facilities of a user discharging industrial wastewater
at any time during user's normal business hours and any other time
upon reasonable cause to ascertain whether the wastewater discharge
permit is being complied with, the purposes of this article are being
met and all requirements are being complied with.
B.
Persons or occupants of premises where industrial wastewater is created
or discharged shall allow the Borough, CNBJSA or their representatives
ready access to all parts of the premises for the purpose of inspection,
sampling, records examination or performing any of their duties. The
Borough, CNBJSA, DEP and EPA shall have the right to set up on such
a user's property such devices as they deem necessary to conduct
sampling inspection, compliance monitoring and/or metering operations.
The user shall pay all costs related to their inspection and sampling.
At user's cost, permanently installed automatic sampling devices
shall be required when, in the opinion of the Borough Manager, they
are necessary to assure compliance with this article.
C.
Where a user has security measures in force which would require proper
identification and clearance before entry into their premises, the
user shall make necessary arrangements in advance with their security
guards so that, upon presentation of suitable identification, personnel
from the Borough or CNBJSA will be permitted to enter, without delay,
for inspecting and sampling.
Any person notified of a suspension by the Borough or CNBJSA
shall immediately stop or eliminate all discharges to the municipal
wastewater system. In the event of a failure to comply with the suspension
order, the Borough and CNBJSA may take such steps as deemed necessary,
including immediate severance of the lateral line to the user to prevent
or minimize damage to the municipal wastewater system or danger to
the public health, safety and welfare.
In the event of a permit revocation, the user shall immediately
cease all discharges into the municipal wastewater system and sever
the lateral line to the premises; the user shall then have to proceed
through the formal application process like a new applicant to reconnect
and discharge.
In the event the Borough or CNBJSA finds that any user has violated
or is violating any of the prohibitions, limitations or requirements
contained in this article or a user's wastewater discharge permit,
the Borough and CNBJSA may give such user a written notice stating
the nature of the violation. Thereafter, the user shall, within 15
days of the date of the notice, submit a detailed written plan of
correction to the Borough and CNBJSA for their review and approval.
In the event any person discharges domestic wastes, industrial
wastes, other wastes or prohibited pollutants into the municipal wastewater
system contrary to the provisions of this article, its wastewater
discharge permit or to any order of the Borough or CNBJSA, the Borough
will assist the CNBJSA in seeking appropriate judicial relief in the
state or federal courts, with the further understanding that the Borough
shall incur no expense for such assistance.
[Amended 12-18-2001 by Ord. No. 326; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any user who violates an order of the Borough and CNBJSA or
who fails to comply with any provision of this article or its wastewater
discharge permit shall, upon conviction thereof, be fined no 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 article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
[Amended 12-18-2001 by Ord. No. 326]
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article
or pursuant to a wastewater discharge permit, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required by a wastewater discharge permit or by this article shall,
upon conviction thereof, be sentenced to pay a fine of not 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 article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
As an additional penalty, any user guilty of falsifying information
may, at the discretion of the Borough and CNBJSA, suffer permanent
severance of any right it might have to discharge any domestic waste,
industrial waste or other waste or pollutant into the municipal wastewater
system or suffer other restrictions on discharging into the municipal
wastewater system, such as being limited to domestic waste.
