[Adopted 1-19-1988]
The objectives of the Article are to prevent:
A.
The introduction of pollutants into the municipal wastewater system
which will interfere with operations of the system or contaminate
sludge resulting or located therein.
B.
The introduction of pollutants into the municipal wastewater system
which will pass through the system inadequately treated and cause
the receding waters to be otherwise incompatible with the wastewater
treatment system.
C.
Leachate or any other toxic substance created by entities within
or without the Borough of Plymouth from presenting a harmful situation
to the citizens of Plymouth Borough by passing said toxic substance,
such as leachate, through the Borough of Plymouth through presently
existing waterways or sewer lines or newly created sewer lines.
D.
The Borough of Plymouth from having to undertake the maintenance
and upkeep of a system which would carry leachate or other toxic substances
and which would, in the event of subsidence or other damage, create
a situation which would be detrimental to the health, safety, general
welfare and economic outlook of the Borough of Plymouth.
This article provides for the regulation of contributors to
the municipal wastewater system through the issuance of permits and
the enforcement of general requirements for users of the municipal
wastewater and sewer system and also provides for the enforcement
of general requirements for users, authorizing monitoring and enforcement
activities requiring user reporting, and prevents the existing customers
being preempted from the use of said wastewater of the sewer system
and provided for the protection of the wastewater and sewer system
against toxic and lethal substances such as leachate.
This article shall apply to the Borough of Plymouth and, except
as otherwise provided herein, the Mayor of the Borough of Plymouth
through the Plymouth Department of Health shall administer, implement
and enforce provisions of this article.
A.
The masculine gender shall include the feminine and the singular
shall include the plural where indicated by context. "Shall" is mandatory;
"may" is permissive.
B.
AUTHORIZED REPRESENTATIVES OF AN INDUSTRIAL USER
(1)
(2)
(3)
(4)
BOROUGH
BUILDING SEWER
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
LEACHATE
MAYOR
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NEW SOURCE
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
STATE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WATERS OF THE STATE
Unless the context specifically indicates otherwise, the following
terms and phrases as used in this article shall have the meanings
hereinafter designated:
A principal executive officer of at least the level of vice
president if the industrial user is a corporation.
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
about, if such representative is responsible for the overall operation
of facilities from which the indirect discharge originates.
A duly authorized representative of any entity, such as an authority,
which operates any entity which falls under the jurisdiction of this
article, such as a landfill.
The Borough of Plymouth or the Borough Council of Plymouth.
A sewer conveying wastewater from the premises of a user
to the POTW.
The Mayor of the Borough, which has an approved pretreatment
program under the provisions of 40 CFR 403.11.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
into the waters of the commonwealth of Pennsylvania.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum pump tank trucks.
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.A. § 1317) into the POTW, including holding tank waste
discharged into the system.
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).
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the Borough's plan.
As defined in the Department of Environmental Protection
Solid Waste Act.[1]
The person designated by the Borough to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this article, or his duly authorized
representative.
Any regulation containing pollutant discharge limits promulgated
by the Environmental Protection Agency in accordance with Section
307(b) and (c) of the Act (33 U.S.C.A. § 1347) which applies
to a specific category of industrial users.
Any source the construction of which is commenced after the
publication of this chapter which will be applicable to such source.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
Any dredge, spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological material,
radioactive material, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes or processed changes by other means.
Any substantive or procedural requirement related to pretreatment,
other than National Pretreatment Standards imposed on an industrial
user.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292). This definition includes any sewers that
convey wastewater to the POTW treatment plant but does include pipes,
sewers and other conveyances connected to a facility providing wastewater
and sewage treatment. For the purposes of this article, "POTW" does
include sewers that convey wastewater.
Any industrial user of the Borough's wastewater disposal
system who has:
A discharge flow of 25,000 gallons or more per average work
day.
A flow greater than 5% of the flow in the Borough's wastewater
treatment system; or
In his waste, toxic pollutants as defined in Pennsylvania statutes
and rules, or who is found by the Borough or the Department of Environmental
Protection or the United States Environmental Protection Agency (EPA)
to have significant impact, either singly or in combination with other
contributing industries, on the wastewater treatment system, the quality
of sludge, the system's effluent quality or air emissions generated
by the system.
The Commonwealth of Pennsylvania.
Any 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 liquid and which is
removable by laboratory filtering and treatment.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of the Solid Waste Act.
[2]Any person who contributes, causes or permits the contributions
of wastewater into the Borough's POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the POTW.
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.
A.
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 POTW. These general prohibitions
apply to all such users of a POTW, whether or not the user is subject
to National Categorical Pretreatment Standards or any other national,
state, or local pretreatment standards or requirements. A user may
not contribute the following substances to any 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. 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 substances
which the Borough, the Commonwealth of Pennsylvania or the Environmental
Protection Agency has notified the user 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 interference with the operation of the wastewater
treatment facilities, such as, but not limited to, grease, garbage
with particles greater than one-half 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 or glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 5.0, unless the POTW is specifically
designed to accommodate such wastewater, or wastewater having any
other corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the POTW or exceed the limitation set forth in a Categorical Pretreatment
Standard. A toxic pollutant shall include, but not be limited to,
any pollutant identified pursuant to Section 307(a) of the Clean Water
Act, 33 U.S.C.A. § 1317(a), and specifically includes "leachate"
as defined by the Department of Environmental Protection Solid Waste
Act.[1]
[1]
Editor's Note: See now the Solid Waste Management Act, 35
P.S. § 6018.101 et seq.
(5)
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
(6)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludges or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal
Act, 42 U.S.C.A. § 6901 et seq.; the Clean Air Act, 42 U.S.C.A. § 7401
et seq.; the Toxic Substances Control Act, 15 U.S.C.A. § 2601
et seq.; or state criteria applicable to the sludge management method
being used.
(7)
Any substance which will cause the POTW to violate the receiving
water quality standards.
(8)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plan resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C./104° F., unless the POTW treatment
plant is designed to accommodate such temperature.
(10)
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which
a user knows or has reason to know will cause interference to the
POTW. In no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed, for any time period longer
than 15 minutes, more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
(11)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Mayor in compliance with applicable state or federal regulations.
(12)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
B.
When the Mayor determines that a user(s) is contributing to the POTW
any of the above enumerated substances in such amounts as to interfere
with the operation of the POTW, the Mayor shall:
Upon the promulgation of the Federal Categorical Pretreatment
Standards or a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this article for
sources in that subcategory, shall immediately supersede the limitations
imposed under this article.
No person shall discharge wastewater into the waters, sewer
systems or lands in and under or about the Borough of Plymouth, containing
arsenic, cadmium, copper, cyanide, lead, mercury, nickel, silver,
total chromium, zinc, total identifiable chlorinated hydrocarbon or
phenolic compounds which cannot be removed by the wastewater treatment
system being used by the Borough of Plymouth, and no such metals,
compounds or chemicals shall be discharged through the sewers, waterways
or lands in or under or upon which the Borough of Plymouth is located
without a permit from the Borough of Plymouth indicating that such
wastewater contained none of the foregoing compounds or chemicals
and a further certification obtained by the Mayor of the Borough of
Plymouth and its Department of Health that such compounds will not
pollute or otherwise cause adverse effects beyond the limits of the
Borough of Plymouth.
State requirements and limitations on discharge shall apply
where they are more stringent than federal requirements and limitations
or those in this article, or, in the absence of regulations by the
state or federal government, then said Mayor of Plymouth and the Plymouth
Borough Health Officer and Department of Health are authorized to
obtain certificates from certified laboratories that such compounds
as mentioned and set forth in § 197-18 hereof will not adversely
affect the waters either in or beyond the Borough of Plymouth.
The Borough reserves the right to establish by ordinance more
stringent limitations on requirements on discharges to the wastewater
disposal system if deemed necessary to comply with objectives presented
previously in this article.
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 in any pollutant-specific
limitation developed by the Borough or state.
A.
Each user shall provide protection from accidental discharge of prohibited
material or other substances regulated by this article. Facilities
to prevent accidental discharge 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 by April 1, 1989. 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 accidental discharge procedures have been approved by the Borough.
Review and approval of such plans and operating procedures shall not
relieve the industrial user from the responsibility to modify the
user's 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, type
of waste, concentration and volume and corrective actions.
B.
Within five days following an accidental discharge, the user shall
submit to the Mayor a detailed written report describing the cause
of the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage or other liability which may be
incurred as a result of damage to the POTW, fish kills or any other
damage to person or property, nor shall such notification relieve
the user of any fines, civil penalties or other liability which may
be imposed by this article or other applicable law.
C.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a dangerous discharge. Employers shall ensure that all
employees who may cause or suffer such a dangerous discharge to occur
are advised of the emergency notification procedure.
A.
It is the purpose of this article to provide for the recovery of
costs from users of the Borough's wastewater disposal 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 Schedule of Charges and Fees is on
file and available for inspection in the Borough offices.
B.
The Borough may adopt charges and fees, which may include:
(1)
Fees for reimbursement of costs of setting up and operating the Borough's
Pretreatment Program.
(2)
Fees for monitoring, inspections and surveillance procedures.
(3)
Fees for reviewing accidental discharge procedures and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal (by the Borough) of pollutants otherwise
subject to Federal Pretreatment Standards.
(7)
Other fees as the Borough may deem necessary to carry out the requirements
contained herein.
C.
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the Borough.
D.
The Borough shall place a flowmeter on any presently existing or
newly created sewer lines which flow into the POTW for the purpose
of monitoring and regulating the flow of any pollutants which are
permitted to flow through the system and to place an applicable fee
upon the flow of such pollutants or effluents at a rate to be set
by the Department of Environmental Protection and the Borough after
such meter and valve are in place.
A.
It shall be unlawful to discharge without a Borough permit to any
natural outlet within the Borough of Plymouth or in any area under
the jurisdiction of said Borough and/or to the POTW and wastewater
except as authorized by the Mayor in accordance with the provisions
of this article.
B.
All significant users proposing to connect to or to contribute to
the POTW shall obtain a wastewater discharge permit before connecting
to or contributing to the POTW. All existing significant users connected
to or contributing to the POTW shall obtain a wastewater contribution
permit within 180 days after the effective date of this article.
C.
users required to obtain a wastewater contribution permit shall complete
and file with the Borough an application in the form prescribed by
the Borough and accompanied by a fee of $3,000. Existing users shall
apply for a wastewater contribution permit within 30 days after the
effective date of this article, and proposed new users shall apply
at least 90 days prior to connecting to or contributing to the POTW.
In support of the application, the user shall submit, in units and
terms appropriate for evaluation, the following information:
(1)
The name, address and location (if different from the address).
(2)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 191-16 of this article, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the Environmental Protection Agency.
(3)
The time and duration of contribution.
(4)
The average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(5)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation.
(6)
A description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
(7)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any city, 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 user to meet applicable pretreatment standards.
(8)
If additional pretreatment and/or O&M will be required to meet
the pretreatment standards, the shortest schedule by which the 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:
(a)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
or the user to meet the applicable pretreatment standards (e.g., hiring
an engineer, completing preliminary plans, completing final plans,
executing the contract for major components, commencing construction,
completing construction, etc.).
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Mayor, including, as a minimum, whether or not he complied
with the increment of progress to be met on such date and, if not,
the date on which he expects to comply with this increment of progress,
the reason for delay and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Mayor.
(9)
Each product produced, by type, amount, process or processes and
rate of production.
(10)
The type and amount of raw materials processed, the average
and maximum per day.
(11)
The number and type of employees and hours of operation of the
plant and proposed or actual hours of operation of pretreatment system.
(12)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application.
D.
The Borough will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Borough may issue a wastewater contribution
permit subject to terms and conditions provided herein.
A.
Wastewater discharge permits shall be expressly subject to all provisions
of this article and all other applicable regulations, user charges
and fees established by the Borough. Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents and characteristics.
(3)
Limits on the average and maximum rate and time of discharge or requirements
of flow regulations and equalization.
(4)
Requirements for the installation and maintenance of inspection and
sampling facilities.
(5)
Specifications for monitoring programs, which may include sampling
locations, the frequency of sampling, the number, types and standards
for tests and the reporting schedule.
(6)
Compliance schedules.
(7)
Requirements for the submission of technical reports or discharge
reports.
(8)
Requirements for maintaining and retaining plant records specified
by the Borough and affording 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.
(11)
Other conditions as deemed appropriate by the Borough to ensure
compliance with this article.
B.
Permits shall be issued for a specified time period not to exceed
five years. A permit may be issued for a period less than a year or
may be stated to expire on a specific date. The user shall apply for
a permit reissuance a minimum of 180 days prior to the expiration
of the user's existing permit. The terms and conditions of the
permit may be subject to modification by the Borough during the term
of the permit as limitations or requirements are modified or other
just cause exists. The user shall be informed of any proposed changes
in his 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.
C.
Wastewater discharge permits are issued to a specific user for a
specific operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises
or a new or changed operation without the approval of the Borough.
Any succeeding owner or user shall comply with the terms and conditions
of the existing permit.
A.
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
user subject to pretreatment standards and requirements shall submit
to the Mayor a report indicating the nature and concentration of all
pollutants in the discharge from the regulated process which are limited
to pretreatment standards and requirements and the average and maximum
daily flow for these process units in the user facility which are
limited by such pretreatment standards or requirements. The report
shall state whether the applicable pretreatment standards or requirements
are being met on a consistent basis and, if not, what additional O&M
and/or pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user and certified to by a qualified professional.
B.
After the compliance date of such pretreatment standard or, in the
case of a new source, after commencement of the discharge into the
POTW, the user shall submit to the Mayor during the months of June
and December, unless required more frequently in the pretreatment
standard or by the Mayor, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such pretreatment
standards. In addition, this report shall include a record of all
daily flows which during the reporting period exceeded the average
daily flow report. At the discretion of the Mayor, the Mayor may agree
to alter the months during which the above reports are to be submitted.
C.
The Mayor may impose mass limitations on users which are using dilution
to meet applicable pretreatment standards or requirements or in other
cases where the imposition of mass limitations are appropriate. The
frequency of monitoring shall be prescribed in the applicable pretreatment
standard.
A.
The Borough shall require to be provided and operated, at the user's
own expense, monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises, but the Borough may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
B.
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 user.
C.
Whether or not 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.
D.
The Borough shall inspect the facilities of any 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 at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or the
performance of any of their duties. The Borough shall have the right
to set up on the user's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the Borough will be permitted to enter without delay for the
purposes of performing their specific responsibilities.
A.
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 and maintained at the user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the Borough for review and shall be acceptable
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Borough under the provisions
of this article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Borough prior to the user's initiation of the changes.
B.
The Borough shall annually publish in a newspaper of general circulation
a list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the 12 previous months.
The notification shall also summarize any enforcement actions taken
against the user(s) during the same 12 months.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Borough that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B.
Information accepted by the Borough as confidential shall not be
transmitted to any governmental agency or to the general public by
the Borough until and unless a ten-day notification is given to the
user.
A.
The Borough may suspend the wastewater treatment service and/or a
wastewater contribution 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 person or to the environment
or causes interference to the POTW.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Borough shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Borough shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement, submitted by the user, describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Borough within 15
days of the occurrence.
C.
Any user who violates the following conditions of this article or
applicable state and federal regulations is subject to having his
permit revoked in accordance with the procedures of this article.
(1)
Failure of the user to factually report the wastewater constituents
and characteristics of his discharge;
(2)
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
(3)
Refusal or reasonable access to the user's premises for the
purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
D.
Whenever the Borough finds that any user has violated or is violating
this article, wastewater contribution permit or any prohibition or
limitation of requirements contained herein, the Borough may serve
upon such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Borough by the user.
E.
The Borough may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Borough Council
why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the time and place of a hearing
to be held by the Borough Council regarding the violation, the reasons
why the action is to be taken and the proposed enforcement action
and directing the user to show cause before the Borough Council why
the proposed enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered or certified
mail, return receipt requested, at least 10 days before the hearing.
Service may be made on any agent or officer of a corporation.
F.
The Borough Council may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee of
the (assigned department) to:
(1)
Issue in the name of the Borough Council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough Council
for action thereon.
G.
At any hearing held pursuant to this article, testimony taken must
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 therefor.
H.
After the Borough Council has reviewed the evidence, it may issue
an order to the user responsible for the discharge directing that,
following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
I.
If any person discharges sewage, industrial wastes or other wastes
into the Borough's wastewater disposal system 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 Luzerne County.
A.
Any user who is found to have violated an order of the Borough Council
or who willfully or negligently failed to comply with any provision
of this article, and the orders, rules, regulations and permits issued
hereunder shall be fined not more than $600 for each offense. In addition
to the penalties provided herein, the Borough may recover reasonable
attorneys' fees, court costs, court reporter fees and other expenses
of litigation by appropriate suit by law against the person found
to have violated this article or the orders, rules, regulations and
permits issued hereunder.
B.
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 wastewater contribution 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 $1,000 or by imprisonment for not more than six months,
or both.
All users as defined herein are required to comply with all provisions of Chapter 231, Zoning, of the Code of the Borough of Plymouth and all of its maps and attachments thereto.
