Borough of Shippensburg, PA Article IV Nondomestic Waste and Pretreatment Regulations

§ 127-12 General regulations.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

The Borough reserves the right to refuse permission to connect to the sewer system, to compel discontinuance of use of the sewer system or to compel pretreatment of wastewaters by any nonresidential establishment (commercial or industrial) in order to prevent discharges deemed harmful or to have a deleterious effect upon any portion of the sewer system. All nonresidential establishments shall be governed by the rules and regulations contained in this chapter. All sewage and authorized industrial waste may be discharged to the sewer system except those which are deemed harmful to the system or are specifically prohibited by this chapter.

A. Stormwater discharges. No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool drainage, noncontact cooling water, drainage from tile fields or unpolluted process waters to any sanitary sewer.

B. Interference/pass through. 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 sewage treatment plant or pass through the sewage treatment plant. These general prohibitions apply to all such users of the sewer system whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standard or requirement.

C. Prohibited discharges. Except as otherwise provided in this chapter, no user shall discharge or cause to be discharged to the sewer system any sewage, industrial waste, nondomestic waste or other matter or substance:

(1) Having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference, but in no case wastewater at the introduction into the sewer system shall cause the temperature of the influent of the treatment plant to exceed 104° F. (40° C.) or be less than 32° F.

(2) Containing 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 sewer system or to the operation of the sewage treatment plant. At no time shall two successive readings on any 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, or having a closed cup flash point of less than 140° F. (60° C.) using the test methods specified at 40 CFR 261.21. Prohibited materials include but are not limited to gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, paint products, ethers, alcohols, ketones, aldehydes and peroxides; strong acids, bases or oxidizers; chlorates, perchlorates, bromates, carbides, hydrides and sulfides; and any other substances which are a fire hazard or a hazard to the sewer system.

(3) Containing unground garbage with particles greater than one-half-inch in any dimension.

(4) Containing or reacting to form solid or viscous substances or which may cause obstruction to the flow in a sewer or other interference with the operation of the sewage treatment plant such as, but not limited to, grease, animal guts or tissues, hides or fleshings, entrails, spent grains, spent hops, waste paper, residues from refining or processing or fuel or lubricating oil, ashes, cinders, spent lime, stone, marble dust, sand, mud, straw, shavings, metals, glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, asphalt residues, hairs, bones, leather, porcelain, china, ceramic wastes, polishing wastes, hydrolyzed fats, glass grinding, or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewer system.

(5) Having a pH, stabilized, lower than 6.5 or greater than 11.00, or having any corrosive or scale-forming property capable of causing damage or hazard to the structures, equipment, bacterial action or personnel of the sewage treatment plant or Sewer Department.

(6) Containing toxic or poisonous 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 sewage treatment plant or to exceed the limitation set forth in a National Categorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

(7) Containing 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.

(8) Containing dye wastes and vegetable tanning solutions, or other substance from any source with objectionable color, that will degrade the sewage treatment plant effluent from the equivalent of that produced by alum coagulation and chlorination to remove suspended or colloidal matter and bleach the dissolved dyes or like substances.

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

(10) Containing radioactive substances and/or isotopes of such half-life or concentration as may exceed limits in compliance with applicable state or federal regulations.

(11) Containing discharges that result in the presence of toxic gases, fumes or vapors within the POTW in quantities capable of causing workers' health or safety problems.

(12) Prohibited by regulation or permit issued by state, federal or other government agency.

(13) Containing any substance which will pass through and cause the sewage treatment plant to violate its NPDES and/or state permit or the receiving stream water quality standards, or to cause the sewage treatment plant's effluent to fail a whole effluent toxicity test.

(14) Containing any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant, 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 sewer system cause the sewage treatment plant to be in noncompliance with recognized 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,[1] the Clean Air Act,[2] the Toxic Substances Control Act,[3] or state criteria applicable to the sludge management method being used.

[1] Editor's Note: See 42 U.S.C. § 6901 et seq.

[2] Editor's Note: See 42 U.S.C. § 7401 et seq.

[3] Editor's Note: See 15 U.S.C. § 2601 et seq.

(15) Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, including but not limited to nonbiodegradable complex carbon compounds.

(16) Containing any organic compounds of endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxprophonic acid or other herbicides, pesticides or rodenticides.

(17) Causing a hazard to human life or creating a public nuisance.

(18) Containing pollutants, including oxygen-demanding pollutants (BOD₅, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the sewage treatment plant.

(19) Containing fats, oils and grease at a concentration which will cause interference or pass through at the sewage treatment plant, or contain substances that may solidify or become viscous at temperatures between 32° F. (0° C.) and 150° F. (60° C.), or in quantities that may cause operational or other problems to the sewer collection system or sewage treatment plant. Concentrations discharged over 150 mg/L shall be surcharged according to § 127-10.

(20) Containing solids of such character and quantity that special and unusual attention is required for their handling.

(21) Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with this chapter.

(22) Medical wastes, except as specifically authorized by the Superintendent in a sewer use permit.

(23) Detergents, surface-active agents or other substances which may cause excessive foaming at the sewage treatment plant.

(24) Sludges, screenings or other residues from the pretreatment of industrial wastes.

D. Unauthorized discharges. Discharge of any prohibited substance listed under § 127-12 shall be considered an unauthorized discharge, and the Borough may take whatever steps are necessary to halt such a discharge. If such amounts of any wastewater or wastes are discharged or are proposed to be discharged to the sewer system, which waters contain the substances or possess the characteristics enumerated in this section or which, in the judgment of the Borough, may have a deleterious effect upon the sewer system or receiving waters, the Borough may, upon giving official notice to the discharger:

(1) Reject the waste.

(2) Require pretreatment to reduce characteristics to maximum limits permitted by this chapter, the local limits, pretreatment standards or requirements, or any other applicable federal, state or local regulations. Where necessary, in the opinion of the Borough, the Borough may require the user of an industrial establishment to provide, at the sole expense of the user, facilities for pretreatment of industrial wastes as may be necessary to reduce objectionable characteristics or constituents of such industrial waste. Plans, specifications and any other pertinent information relating to the pretreatment facilities shall be submitted to the Borough, in writing, prior to construction of such facilities.

(3) Require the user to install and maintain, at their own expense, a suitable storage and flow control facility to restrict the quantities and rates of discharge.

(4) Require immediate discontinuance of the wastewater discharge until such time as it meets the requirements of this section.

(5) Whenever deemed necessary, the Superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

(6) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

E. Grease trap and grease interceptor requirements. Wastewater that contains fats, oils or grease (FOG) shall be discharged into the sewer system only under the conditions of this chapter. The Borough may require any existing food service establishment and shall require all new food service establishments, as defined in § 127-1, to install grease traps or grease interceptors subject to such terms and conditions as deemed necessary by the Borough to protect the sewer system and the sewage treatment plant from excessive amounts of FOG. Among the factors to be considered by the Borough is whether the user's discharge has the potential to obstruct the flow in the sewer system or to interfere with the operation of the sewage treatment plant.

(1) Grease trap and interceptor design and sizing.

(a) Sizing of grease interceptors is based on wastewater flow and grease retention capacity.

(b) Indoor grease traps shall be designed in accordance with the Plumbing and Drainage Institute Standard, PDI-G101.

(c) If feasible, a grease interceptor shall be placed outside the building instead of an inside grease trap. The minimum size grease interceptor required is 1,000 gallons. Grease interceptors can be installed in series if greater capacity is needed. Grease interceptors shall be constructed of impervious materials capable of withstanding abrupt or extreme changes of temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Other design considerations shall include, but are not limited to the following: minimum of two compartments, each with its own manhole, and a center baffle to allow floating of FOG and settling of solids; inlet and outlet on grease interceptor shall be properly baffled; flow control devices; manholes finished to grade to allow easy access for proper maintenance; cleanout on outlet side of interceptor; inaccessibility to insects and vermin; and installation of sample vault with hydraulic jump on discharge side of interceptor.

(d) Grease traps and grease interceptors shall be located in the service lateral line between all fixtures that may introduce FOG into the sewer system and the service connection to the sewer system. Such fixtures include, but are not limited to, sinks, dishwashers, garbage disposals, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture that may be a potential source of FOG. Toilets, urinals and other similar fixtures shall not discharge through a grease interceptor or grease trap. Grease traps and grease interceptors are to be installed at a minimum distance of 10 feet from sinks and dishwashers to allow for adequate cooling of wastewater.

(e) Indoor grease traps will not be approved for food service establishments that are equipped with dishwashers or garbage disposals.

(f) All traps and interceptors shall be located as to be readily and easily accessible for cleaning and inspection.

(g) The trap/interceptor size, type of construction, and the location of the installation shall be acceptable to the Borough prior to installation.

(2) Grease trap and interceptor discharge criteria. None of the following agents shall be placed directly into a grease interceptor or grease trap or into any drain that leads to the grease interceptor or grease trap:

(a) Emulsifiers, de-emulsifiers: surface active agents, enzymes, degreasers or any type of product that will liquefy grease interceptor or grease trap wastes.

(b) Any substance that may cause excessive foaming in the sewer system.

(c) Any substance capable of passing the solid or semisolid contents of the grease trap to the sewer system.

(d) Illegal discharge items, such as hazardous wastes, including but not limited to acids, strong cleaners, pesticides, herbicides, paint, solvents or gasoline.

(e) Use of grease interceptor or grease trap treatment products, including bacteria designed to digest grease, is specifically prohibited without prior written consent of the Borough. Acceptance of such products for use may be considered only where a valid screening test, showing the product's ability to treat the wastewater and to produce an influent in compliance with this chapter, has been performed in accordance with methods outlined and approved by the Borough.

(3) The influent to grease interceptors or grease traps shall not exceed 140° F. (60° C). The temperature at the flow control device inspection port shall be considered equivalent to the temperature of the influent.

(4) Grease trap and interceptor permitting.

(a) From the effective date of this chapter, all dischargers of FOG shall be required to complete and submit a FOG discharger qualification form to the Borough within 60 days of notification by the Borough. Said form is available at the Borough office. The FOG discharger qualification form is also required to be submitted prior to connecting to the sewer system or prior to installing a grease trap or interceptor. A permit fee, as established in the Borough's current Schedule of Fees and Charges, shall be submitted with the FOG discharger qualification form.

(b) The Borough shall review FOG discharger qualification forms and determine whether a facility requires a FOG discharge permit.

(c) When required by the Borough, a sampling manhole or vault may be required and included as a requirement in the FOG discharge permit. The sampling manhole or vault shall be constructed so that a free flow sample may be collected for analysis since immersion of a sample container beneath the surface of the wastewater is not an acceptable technique for collection of a wastewater sample for FOG analysis. Sample collection, preservation method, holding time and test method for FOG analysis shall be in accordance with 40 CFR § 136.

(d) FOG discharge permits will be issued for a period of one year at which time the Borough shall conduct an inspection at the permitted facility as detailed in § 127-12E(5).

(e) Following receipt of the annual permit fee, inspected facilities will be reissued a FOG discharge permit.

(5) Grease traps and grease interceptor inspections.

(a) The Borough shall inspect each facility with a FOG discharge permit on an annual basis and record inspection findings on a food establishment survey form, which the Borough maintains at its office and updates from time to time.

(b) Borough inspection of new facilities will be conducted prior to the issuance of a FOG discharge permit.

(c) Inspections shall include a review of housekeeping practices at the facility, an inventory of operating hours and kitchen appliances generating FOG, a review of trap and interceptor contents and FOG levels, and records required to be maintained on site.

(d) Facilities will be provided with a copy of the inspection report if requested.

(e) The Borough shall have the right to make periodic inspections of the installed facilities and associated records to assure proper installation, maintenance and disposal procedures are being practiced. During these inspections, the Borough may sample and test the wastewater discharge and observe the performance of the grease trap or interceptor.

(6) Grease trap and grease interceptor cleaning and maintenance.

(a) Grease traps and grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease trap/interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge.

(b) Grease traps and grease interceptors subject to these standards shall be completely evacuated a minimum of every 90 days, or more frequently when:

[1] Twenty-five percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; or

[2] The discharge exceeds BOD, FOG, pH, TSS or other pollutant levels established by the Borough; or

[3] If there is a history of noncompliance.

(c) An owner may submit a request in writing for an exception to the ninety-day pumping frequency of their grease trap/interceptor. The Borough may grant an extension for required cleaning frequency on a case-by-case basis when:

[1] The grease trap/interceptor owner/operator has demonstrated the specific trap/interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with pollutant levels for BOD, FOG, pH, TSS, or other pollutants as determined by the Borough; or

[2] Less than 25% of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases.

(d) For all facilities, a grease trap and grease interceptor shall be fully evacuated, cleaned, and inspected at least once every 180 days.

(e) Even if a grease trap or interceptor is installed and maintained properly, there is still a possibility that FOG can pass into the sewer collection system and cause blockages. Therefore, the Borough may also require that a facility has its private sewer lateral cleaned at the owner's expense.

(f) To maintain grease traps and grease interceptors in a continuously efficient operation at all times, the owner shall be responsible for the proper removal and disposal of the captured material, and shall maintain records, which include dates of maintenance, person performing maintenance, estimated volume of FOG removed, hauler receipts or manifests, disposal locations and facility manager's verification. Such records are subject to review by the Borough.

(g) If a grease trap or grease interceptor becomes inoperative for any reason, the user shall inform the Borough within 48 hours of the trap first becoming inoperative, provide the corrective measures being taken by the user to restore operation of the grease trap or grease interceptor, and when these corrective measures will be completed, which shall not exceed 10 days. Until it is again in good working order, the grease trap or grease interceptor shall not be used.

F. Oil/water separator requirements. Oil/water separators shall be installed at existing automotive repair facilities and car washes if the potential exists for petroleum oils to be discharged to the sewer system via floor drains. New facilities of this type are prohibited from installing floor drains that are connected to the sewer system.

(1) The type and size of oil/water separator shall be determined by the owner and shall be acceptable to the Borough prior to installation.

(2) Oil/water separators shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense. The owner shall be responsible for the proper removal and disposal of the captured material from oil/water separators, and shall maintain records of the dates and means of disposal. Such records are subject to review by the Borough. Borough personnel may make periodic inspections of the installed facilities and associated records to assure proper operation, maintenance and disposal procedures are being practiced.

G. Grease trap, grease interceptor and oil/water separator installation, reporting and recordkeeping requirements.

(1) Grease trap, grease interceptor and oil/water separator installations shall be conducted in accordance with the Uniform Construction Codes enacted at Ch. 80 of the Borough Code. The user shall contact the Borough at least three days prior to the installation date. The grease trap, grease interceptor or oil/water separator and plumbing shall be inspected by the Borough prior to backfilling. The owner shall maintain complete and accurate records of the dates and means of disposal, person performing maintenance, estimated volume of FOG removed, hauler receipts or manifests, disposal locations and the name and the signature of the person(s) responsible for supervising the cleaning/maintenance and the proper disposal of the accumulated materials. Inspection, cleaning and repair records shall be maintained by the owner for a minimum of three years and are subject to review by the Borough.

(2) The owner of grease traps, grease interceptors and oil/water separators shall submit each year a FOG annual report by January 31 for the previous calendar year, including copies of all invoices/manifests related to oil and grease removal. Copies of the FOG annual report are available at the Borough office. The report will include the name of the person who performed the cleaning, the amount removed, and where the grease trap, grease interceptor or oil/water separator contents were disposed of. Records of the cleaning shall be maintained for at least three years at the site of the grease trap, grease interceptor or oil/water separator.

H. Garbage grinders. The use of mechanical garbage grinders producing a finely divided mass, properly divided mass and properly flushed with an ample amount of water shall be permitted upon the condition that no such mechanical garbage grinder to serve premises used for commercial purposes shall be installed until permission for such installation shall have been obtained from the Borough.

I. Flow equalization. Where preliminary treatment or flow-equalizing facilities are provided for any wastewater or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense and shall be accessible to the Borough for inspection and testing.

§ 127-13 National Categorical Pretreatment Standards.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the National Categorical Pretreatment Standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The National Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N, §§ 405 through 471, are hereby incorporated by reference.

A. When regulated wastestreams, subject to a National Categorical Pretreatment Standard, are mixed with unregulated wastestreams, the Borough may impose alternate limits using the combined wastestream formula found in 40 CFR 403.6(e).

B. Where a National Categorical Pretreatment Standard is expressed only in terms of either mass or concentration for a pollutant, the Borough may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

C. When the limits in a National Categorical Pretreatment Standard are expressed only in terms of pollutant concentrations, an industrial user may request that the Borough convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Borough. The Borough may establish equivalent mass limits only if the industrial user meets all of the conditions outlined in 40 CFR 403.6(c)(5) as set forth below:

(1) To be eligible for equivalent mass limits, the industrial user must:

(a) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its sewer use permit;

(b) Currently use control and treatment technologies adequate to achieve compliance with the applicable National Categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;

(c) Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

(d) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

(e) Have consistently complied with all applicable National Categorical Pretreatment Standards during the period prior to the industrial user's request for equivalent mass limits.

(2) An industrial user subject to equivalent mass limits must:

(a) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(b) Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

(c) Continue to record the facility's production rates and notify the Borough whenever production rates are expected to by more than 20% from its baseline production rates determined in Subsection C(1)(c). Upon notification of a revised production rate, the Borough will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(d) Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection C(1)(a) and (2) so long as it discharges under an equivalent mass limit.

(3) When developing equivalent mass limits, the Borough:

(a) Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable National Categorical Pretreatment Standard and the appropriate unit conversion factor;

(b) Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility;

(c) May retain the same equivalent mass limit in subsequent sewer user permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 127-17 of this chapter. The industrial user must also be in compliance with § 127-52 (Affirmative defenses) of this chapter; and

(d) The Borough may not express limits in terms of mass for pollutants such as pH, temperature, radiation or other pollutants which cannot appropriately be expressed as mass.

D. The Borough may convert the mass limits of National Categorical Pretreatment Standards at 40 CFR 414, 419 and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. When converting such limits to concentration limits, the Borough will use the concentrations listed in the applicable subparts of 40 CFR 414, 419 and 455 and document that dilution is not being substituted for treatment as stated in § 127-17 of this chapter.

E. If a National Categorical Pretreatment Standard contains pretreatment standards for both daily maximum and four-day average, the same production or flow shall be used in calculating both daily maximum and four-day average equivalent limitations in accordance with 40 CFR 403.6(c)(8).

F. Any industrial user subject to a sewer use permit containing equivalent concentration or mass limits calculated based on a production standard shall notify the Borough within two business days after the industrial user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any industrial user not notifying the Borough of such change will be required to comply with the concentration or mass equivalent limits in its sewer user permit that are based on the original long term average production rate in accordance with 40 CFR 403.6(c)(9).

G. An industrial user may obtain a variance from a National Categorical Pretreatment Standard if the industrial user proves, pursuant to 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the National Categorical Pretreatment Standard.

H. An industrial user may obtain a net gross adjustment to a National Categorical Pretreatment Standard in accordance with 40 CFR 403.15. National Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water.

I. Where there is a conflict between federal, state or local pretreatment standards, the more stringent pretreatment standard shall apply.

§ 127-14 Modification of National Categorical Pretreatment Standards.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

Where the sewage treatment plant achieves consistent removal of pollutants limited by National Categorical Pretreatment Standards, the Borough may apply to the Approval Authority for modification for specific limits in the National Categorical Pretreatment Standards. Appendices G-I and G-II contained in 40 CFR 403.7 list those pollutants that are eligible for removal credits. Removal credits are only available for the various use and disposal practices regulated under the 40 CFR 503 sludge regulations. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW to a less toxic or harmless state in the effluent 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 National Categorical Pretreatment Standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.

§ 127-15 More stringent state requirements to apply.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

§ 127-16 Borough may establish more stringent regulations.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

The Borough reserves the right to establish, by ordinance or individual sewer use permits, more stringent standards or requirements on discharges to the sewer system if deemed necessary and appropriate to comply with the objectives of this chapter.

§ 127-17 Dilution.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

No user shall ever increase the use of process water or other waters or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limit unless expressly authorized by an applicable pretreatment standard or requirement, or any other pollutant-specific limitations developed by the Borough. The Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standard or requirements or in other cases when the imposition of mass limitations is appropriate.

§ 127-18 Accidental discharges and slug discharge control plan.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Each user shall provide protection from accidental and slug discharges of prohibited materials or other substances regulated by this Borough, or by federal or state regulations. Facilities to prevent accidental and slug discharges of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by the user to the Borough for review and comment before construction of the facility. All existing users shall complete such a plan within six months of the effective date of this chapter. No user who commences contribution to the sewer system after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental and slug discharge procedures have been accepted by the Borough. Review and acceptance 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 chapter in the case of an accidental or slug discharge.

B. It is the responsibility of the user to immediately notify the Borough, by telephone, of the incident; notification shall occur not more than 24 hours from the time of the incident. The notification shall include the location of the discharge, the type of waste discharged, the concentration and volume of the waste and any corrective measures taken by the user. The user shall also provide written notification to the Borough within five days of such accidental or slug discharge of prohibited materials or other substances regulated by this Borough. Written notification shall contain the same information as required for the verbal notification.

C. The Superintendent shall evaluate whether each industrial user needs an accidental discharge/slug discharge control plan or other action to control accidental or slug discharges in accordance with requirements at 40 CFR 403.8(f)(2)(vi). The Superintendent may require any user to develop, submit for approval and implement such a plan or take such other action that may be necessary to control accidental or slug discharges.

D. Each significant industrial user shall submit a plan to the Borough to control accidental or slug discharges and/or any other discharges that could cause interference, operating upsets, hazards to workers or any other operating or treatment problems. At a minimum, the accidental discharge/slug discharge control plan shall include the following elements:

(1) A description of the discharge practices, including nonroutine batch discharges.

(2) A description of stored chemicals and safety data sheets (SDS).

(3) Procedures for immediately notifying the Borough of any accidental or slug discharges.

(4) Procedures for follow-up notification of the Borough in writing.

(5) Procedures to prevent adverse impact from any accidental spill or slug discharge, including inspection and maintenance of storage areas for chemicals, handling and transfer of materials, loading and unloading operations, control of plant site runoff, employee training, construction of containment structures for equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response, and such other conditions as deemed appropriate by the Borough.

(6) Significant industrial users are required to notify the Borough immediately of any changes at its facility affecting potential for an accidental or slug discharge.

§ 127-19 Report of potential problems.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause pass through or interference at the sewage treatment plant, the user shall immediately telephone and notify the Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. The notification hereunder does not authorize or condone a discharge in violation of this chapter, a sewer use permit, or other applicable federal, state or local requirements.

B. Within five days following such discharge, the user shall, unless waived by the Borough, submit to the Borough 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 sewer system, fish kills, natural resources, 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. The written report shall be signed by an authorized representative of the user.

C. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in § 127-19A. Employers shall ensure that all employees who may cause or suffer from such a discharge are advised of the emergency notification procedures.

D. All industrial users are required to notify the Borough immediately of any changes at its facility affecting the potential for an accidental or slug discharge.

§ 127-20 Notification of hazardous waste discharge.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. All industrial users shall notify the Borough, the EPA Regional Waste Management Division Director and PA DEP Waste Management in writing, in accordance with 40 CFR 403.12(p), of any discharge into the sewer system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261.

(1) Such notification shall include:

(a) The name of the hazardous waste as set forth in 40 CFR 261;

(b) The EPA hazardous waste identification number; and

(c) The type of discharge (continuous, batch, or other).

(2) If the industrial user discharges more than 100 kilograms of such waste per calendar month, the notification shall also contain the following information, to the extent such information is known and readily available to the industrial user:

(a) An identification of the hazardous constituents contained in the waste;

(b) An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and

(c) An estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months.

B. All notifications under this section shall take place immediately or no later than 180 days after the discharge commences, whichever is later. Any notification under this section need be submitted only once for each hazardous waste discharge. However, notifications of changed discharges shall be submitted per § 127-21. This notification requirement does not apply to pollutants already reported by users subject to National Categorical Pretreatment Standards which have already submitted such information in baseline monitoring reports or periodic compliance reports.

C. (Reserved)

D. Industrial users that discharge less than 15 kilograms of hazardous wastes in a calendar month do not have to comply with these reporting requirements. This exemption does not apply to acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).

E. An industrial user shall notify the Borough within five days of becoming aware of any discharges of reportable quantities of listed or unlisted hazardous substances, as defined at 40 CFR 302.4 (CERCLA Hazardous Substances). This notification shall include the time of release; the name of the substance; the identifying CAS number, if known; and the approximate quantity discharged. If the discharge constitutes a spill, change in wastewater constituents or slug load, other reporting requirements of the industrial pretreatment program may also apply.

F. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste, the user shall notify the Borough, the EPA Regional Waste Management Division, and DEP Waste Management authorities of the discharge of such substances within 90 days of the effective date of such regulations.

G. Each notification required by this section shall include a statement certifying that the industrial user has a program in place to reduce the volume and/or toxicity of the discharged wastes to the extent that it is economically practical. The statement shall be signed by an authorized representative of the industrial user.

H. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a sewer use permit issued hereunder, or any applicable federal or state law.

§ 127-21 Notification requirement.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. An industrial user shall notify the Borough of any planned, significant changes to the industrial user's operation or system such as a change in the manufacturing process, raw materials, auxiliary processes, pretreatment processes or other changes which may result in changes to wastewater character, composition, volume or rate of flow at least 30 days before the change occurs, or if the change is not planned 30 days or more in advance, immediately upon the decision to make such a change. The report shall include all information necessary to determine the effect on the wastewater of the change.

B. In the event that an industrial user discovers that changes in raw materials, potable water quality or other factors beyond its control have occurred so that the constituents or character of the industrial waste discharge has changed; the industrial user shall report such information in writing to the Borough immediately upon such discovery. If such a change constitutes a slug load, other reporting requirements under § 127-18 may apply.

C. The Borough may, on receipt of such a report:

(1) Continue utilizing an existing sewer use permit in effect.

(2) Require application for a new sewer use permit.

(3) Modify an existing sewer use permit to reflect the changed nature of the waste.

(4) Rescind and reissue an existing sewer use permit in order to make substantial changes in wastewater discharge permit conditions.

(5) Revoke an existing sewer use permit or require the industrial user to cease or prevent the discharge.

(6) Take such other action as it deems appropriate.

D. No industrial user shall implement the planned changed condition(s) until and unless the Borough has responded to the industrial user's notice. The Borough may require the industrial user to undertake a compatibility study to demonstrate to the satisfaction of the Borough that the wastewater to be discharged is compatible with the sewage treatment plant, will not affect any requirements imposed upon the Borough (including sludge disposal requirements), and will not otherwise adversely affect the sewage treatment plant.

E. For purposes of this requirement, significant changes include, but are not limited to, flow increases of 10% or greater, and the discharge of any previously unreported pollutants.

§ 127-22 Drainage of water filtration systems.

Filter backwash lines shall be discharged to the sewer system as follows:

A. Sand filter backwash shall be discharged to the sewer system.

B. Diatomaceous earth filter backwash shall be connected to the sewer system through settling tanks with three months' storage capacity of spent diatomaceous earth, which tanks shall be readily accessible for removing solid waste for disposal.

§ 127-23 Removal, transportation and disposal of sewage and industrial wastes.

A. Any waste to be discharged from tank trucks or rail cars shall be disposed at the location designated at the sewage treatment plant at the time or times and at a rate or rates of discharge fixed by the Borough.

B. The wastes discharged by the tank trucks or rail cars into the sewer system shall not contain industrial waste, chemicals or other matter, with or without pretreatment, that does not conform to the requirements of Article IV of this chapter. Conformity with Article IV of this chapter is to be determined by the Borough.

§ 127-24 Waste haulers.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Disposal of hauled waste.

(1) The Borough may accept hauled wastes transported to the facility, subject to the Borough inspecting and agreeing to accept said hauled waste.

(2) Hauled waste may be discharged only at Manhole No. 268, located at the headworks of the sewage treatment plant.

(3) Discharge of hauled waste shall take place only during the normal hours of operation of the sewage treatment plant, unless prior written permission shall have been granted by the Superintendent at the sewage treatment plant.

B. Hazardous waste. No waste classified as hazardous under Section 1004 of the Resource Conservation and Recovery Act[1] shall be accepted into the collection system or the sewage treatment plant unless it meets the requirements in § 127-20.

[1] Editor's Note: See 42 U.S.C. § 6901 et seq.

C. Hauled waste permits.

(1) Each waste hauler shall apply for a hauled waste permit. Such permit applications may, at a minimum, contain the following information:

(a) Name, address, location and telephone number.

(b) Vehicle information.

(c) Description of wastes to be discharged.

(d) List of permits held by the applicant for generation, transport and disposal.

(e) Estimate of total volume of waste to be discharged at the sewage treatment plant.

(f) Name of authorized representative of waste hauler.

(2) Each waste hauler shall have a hauled waste permit issued by the Shippensburg Borough Authority or its agent or designees. Such hauled waste permit may include, but not be limited to, the following conditions:

(a) Permit effective, expiration and renewal dates.

(b) Designated disposal site and discharge hours.

(c) Random sampling requirements.

(d) Right of refusal to accept hauled waste.

(e) Prohibited discharges and local limits.

(f) Waste tracking system.

(g) Penalties and other enforcement actions.

(3) Each waste hauler shall pay a fee according to the current fee policy adopted from time to time by resolution of the Borough Council of the Borough of Shippensburg for such hauled waste permit.

D. Inspection.

(1) Prior to the discharge of hauled waste the WWTP sewage treatment plant and the personnel of the Borough of Shippensburg shall be provided with a copy of the waste manifest, identifying the following information:

(a) Generator and hauler name, address and telephone number.

(b) Permit number.

(c) Type and volume of waste.

(d) Signatory requirements.

(2) Prior to the discharge of hauled waste into the sewage treatment plant, the personnel of the sewage treatment plant shall have the right to inspect each load for an analysis of pH, BOD₅, FOG, TSS and such other pollutants as it shall deem necessary.

(3) No waste hauler shall discharge any hauled waste having characteristics as indicated by 40 CFR 403.5(b) and § 127-12 or explosive or corrosive properties.

(4) The cost of all tests and analysis required by the Borough and other related costs and expenses of the Borough shall be borne by the waste hauler.

§ 127-25 Pretreatment.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Industrial pretreatment program (IPP) implementation. Users located within and outside of the Borough of Shippensburg using the Borough's sewage treatment plant shall abide by the rules, regulations and policies governed by the industrial pretreatment program. The IPP provides the procedures that will be used by the Borough to control nondomestic wastewater discharges to the sewer system. The Borough IPP is implemented to control users by issuing sewer use permits, monitoring of the wastewater discharges from the industries by sampling and analysis, requiring users to submit self-monitoring and other required reports, and by enforcing all local, state and federal laws.

B. General. Users shall design, construct, operate and maintain at their own expense wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater to achieve compliance with this chapter, National Categorical Pretreatment Standards, local limits, any condition or limitation contained in the user's sewer use permit or any sludge limitation imposed by federal, state or local authorities. The review or approval of pretreatment facility plans, specifications and operating procedures by the Borough or its consulting engineer shall not excuse or mitigate any violations by the user of this chapter or any federal, state or local requirements.

C. Pretreatment facilities. 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 such facilities. The Borough does not by its acceptance of any of the designs or installations of the plans and equipment, or of any other information or plans submitted by the user, warrant or aver in any manner that the user's implementation of such measures will result in compliance with applicable pretreatment standards and requirements. Notwithstanding any acceptance of such plans by the Borough, the user remains solely responsible for compliance with applicable pretreatment standards and requirements, and all other federal, state or local requirements. The review of such plans and operating procedures in no way relieves the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the POTW under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Borough prior to the user's initiation of the changes.

D. Maintenance. When pretreatment facilities are provided, they shall be operated and maintained continuously in satisfactory and effective operation by the user at his own expense to achieve compliance with pretreatment standards and requirements. This includes adequate laboratory controls and appropriate quality assurance procedures, the operation of back-up auxiliary facilities, or similar systems which are installed by the user only when the operation is necessary to achieve compliance. Such pretreatment facilities shall be subject to periodic inspection by the Borough.

E. Damage liability. The person producing and/or introducing the wastewater to the sewer system shall be liable for all damages, increased costs of treatment or maintenance directly attributable to such wastewater.

F. Disposal of sludges. Sludges, floats, oils, etc., generated by nondomestic users must be contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including but not limited to the United States Department of Transportation, and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations. The owner of such sludges, floats, oils, etc., shall keep records and receipts needed to demonstrate proper disposal for review by the Borough upon request.

§ 127-26 Local discharge limits.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

The Borough shall establish local limits which will limit the amount of pollutants that any given user may discharge to the sewage treatment plant. These local limits will be assigned to nondomestic users through a sewer use permit. The local limits shall be revised on a periodic basis to reflect changes in operating and environmental conditions. The Borough shall adopt the local limits and their revisions by resolution. The Borough may continue to develop these local limits as necessary and effectively enforce such limits. Best Management Practices (BMPs) may also be adopted by the Borough by resolution and incorporated in sewer use permits.

§ 127-27 Administration; sewer use permit required.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Waste survey. When requested by the Borough, all nonresidential users must submit information on the nature and characteristics of their wastewater by completing a waste survey within 30 days of the request. The Borough is authorized to prepare a form for this purpose and may periodically require users to update the survey information.

B. Sewer use permit. All nondomestic users proposing to connect to or to contribute to the sewer system shall obtain sewer use permits before connecting to or contributing to the sewer system. All existing significant industrial users that do not already have a permit are required to obtain a sewer use permit within 90 days of the effective date of this chapter.

C. Sewer use permit application. Users required to obtain a sewer use permit shall complete and file with the Borough an application in the form prescribed by the Borough and accompanied by a fee in the amount specified by the current fee schedule. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information. The permit application shall be signed by an authorized representative of the user. Applications that are deemed as incomplete or inaccurate by the Borough shall not be processed and shall be returned to the user for revision.

(1) The name, address and location of the facility, if different from the mailing address, with the name and mailing address of operator(s) and/or owner(s), contact information, description of activities, facilities and plant production process.

(2) The NAICS number according to the North American Industry Classification System, 2012 Manual, as amended. Office of Management and Budget.

(3) Wastewater constituents and characteristics, including but not limited to those mentioned in § 127-12 of this chapter, as determined by an accredited environmental analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended.

(4) The time and duration of the wastewater discharge.

(5) Average daily and maximum daily flows, thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(6) The location for monitoring all wastewater covered by the permit.

(7) Site plans, floor plans, mechanical and plumbing plans, spill prevention and containment and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

(8) Types of wastes generated and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the sewer system.

(9) A description of activities, facilities and plant processes on the premises, including all materials used or stored at the facility which are or could be discharged to the sewer system.

(10) The nature and concentration of any pollutants in the discharge which are limited by any Borough, state or national 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. Any O&M statement submitted to meet applicable pretreatment standards must be certified by a professional engineer.

(11) If additional pretreatment and/or O&M is required to meet 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.

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

(13) Number and type of employees, hours of operation of the facility, and proposed or actual hours of operation of pretreatment facilities.

(14) Water usage and disposal volumes.

(15) Copy of NPDES permit for a direct discharge, if applicable.

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

D. General sewer use permit. At the discretion of the Borough, the Borough may use general sewer use permits to control industrial user discharges to the POTW if the conditions below are met.

(1) To be covered by the general permit, the industrial user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any request in accordance with § 127-38E of this chapter for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the Borough deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Borough has provided written notice to the industrial user that such a waiver request has been granted in accordance with § 127-38E of this chapter.

(2) All facilities to be covered by a general permit must:

(a) Involve the same or substantially similar types of operations;

(b) Discharge the same types of wastes;

(c) Require the same effluent limitations;

(d) Require the same or similar monitoring; and

(e) In the opinion of the Borough, are more appropriately controlled under a general permit than under an individual sewer use permit.

(3) The Borough will retain a copy of the general permit, documentation to support the Borough's determination that a specific industrial user meets the criteria in Subsection D(2)(a) through (e) above and a copy of the industrial user's written request for coverage for at least three years after the expiration of the general permit.

(4) The Borough may not control an industrial user through a general permit where the facility is subject to production-based National Categorical Pretreatment Standards or National Categorical Pretreatment Standards expressed as mass of pollutant discharged per day or for industrial users whose limits are based on the combined wastestream formula or net/gross calculations.

E. Signatory requirements and certification. All applications, permits, reports, etc., shall contain a statement that certifies that the information contained is true, accurate and complete, to be signed by the authorized representative of the user.

(1) Certification of sewer use permit applications, user reports and initial monitoring waiver. All sewer use permit applications, user reports and initial monitoring waivers shall be signed by an authorized representative of the user and shall contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(2) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Superintendent prior to or together with any reports to be signed by an authorized representative.

(3) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user pursuant to 40 CFR 403.3(v)(2) must annually submit the following certification statement, signed in accordance with the signatory requirements in 40 CFR 403.12(1). This certification must accompany an alternative report required by the Borough:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the National Categorical Pretreatment Standards under 40 CFR__________, I certify that, to the best of my knowledge and belief that during the period from _____ to_____ [months, days, year], the facility described as _____ [facility name] met the definition of a non-significant categorical industrial user as described in 40 CFR 403.3(v)(2) and complied with all applicable pretreatment standards and requirements during this reporting period. I further certify that the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance information is based upon the following information: _____________________________________________"

(4) Certification of pollutants not present. Users that have an approved monitoring waiver based on § 127-38E of this chapter shall certify on each report using the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.

"Based on my inquiry of the person or persons directly responsible for managing compliance with the National Categorical Pretreatment Standard for 40 CFR_____, I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewater due to the activities at the facility since filing of the last periodic compliance report under § 127-38 of the Borough Sewer Code."

§ 127-28 Permit decisions.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

The Borough will evaluate the data furnished by the user. The Borough may request additional information, issue a sewer use permit, or deny any application for a sewer use permit.

§ 127-29 Permit conditions.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Sewer use permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Borough. Permits may include such conditions as are reasonably deemed necessary by the Borough to prevent pass through or interference, protect the quality of the water body receiving the POTW's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW. Permits must contain the following:

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

(2) Discharge limits based on applicable general pretreatment standards listed in 40 CFR 403, National Categorical Pretreatment Standards, local limits, and state and local law.

(3) Effluent limits, including BMPs, based on applicable pretreatment standards. Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and Section 307(d) of the Act.

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

(5) Requirements to control slug discharge, if determined by the Borough to be necessary.

(6) Requirements for installation and proper operation and maintenance of pretreatment facilities, inspection and sampling facilities, and other equipment, including flow measurement devices, and notification to the Borough regarding the failure of such facilities and equipment.

(7) Self-monitoring, sampling, reporting, notification and recordkeeping requirements with specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule. This also includes the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge, or a specific waived pollutant in the case of a sewer use permit.

(8) Compliance schedules.

(9) Requirements for submission of technical reports, discharge reports or baseline monitoring reports.

(10) Requirements for maintaining and affording Borough representatives access to the user's property and plant records relating to wastewater discharge as specified by the Borough and affording Borough access to review and copy thereof. Records shall be maintained by the permittee for a period of not less than three years. The three-year period shall be extended upon request or during litigation.

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

(12) Requirements for notification and control of slug discharges and any discharges at the facility that affect the potential for slug discharge.

(13) Other conditions as deemed appropriate by the Borough to ensure compliance with this chapter, and state and federal laws, rules and regulations, or as otherwise deemed necessary to protect the POTW, sludge quality, human health and the environment.

(14) A statement that indicates the sewer use permit is nontransferable without prior notification to the Borough, and provisions for furnishing the new owner or operator with a copy of the existing sewer use permit.

(15) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule or any other requirements set forth in this chapter. Such compliance schedules may not extend the time for compliance beyond that required by applicable federal, state or local law.

(16) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the POTW.

(17) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges.

(18) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

(19) Any grant of a monitoring waiver by the Borough, such as for pollutants not present as described in § 127-38E of this chapter, must be included as a condition of a sewer use permit.

(20) A statement that compliance with a sewer use permit does not relieve the user of the responsibility for compliance with all applicable pretreatment standards and requirements, including those that become effective during the term of the sewer use permit.

B. Failure to comply with any pretreatment standards and requirements, compliance schedules or any other terms or conditions of the sewer use permit shall be subject to enforcement actions as described in § 127-47, Enforcement actions, of this chapter.

C. Permits shall contain a statement of duration as described in § 127-30 of this chapter and a statement of nontransferability as described in § 127-32 of this chapter.

D. The permittee may be subject to applicable civil and criminal penalties as described in § 127-50 and § 127-51 of this chapter.

§ 127-30 Permit duration.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

Sewer use permits shall be issued for a specified time period, not to exceed five years. A sewer use permit may be issued for a period of less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing sewer use permit. The terms and conditions of the sewer use permit may be subject to modification by the Borough during the term of the permit as limitations or requirements as identified in § 127-31 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.

§ 127-31 Permit modifications.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Upon promulgation of a National Categorical Pretreatment Standard, the sewer use permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a sewer use permit as required by § 127-27B, the user shall apply for a sewer use permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing sewer use permit shall submit to the Borough within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by §§ 127-27C and 127-37A in accordance with 40 CFR 403.12(b).

B. Permit modification applications shall be subject to a fee as established by separate resolution.

C. Changes or new conditions in a sewer use permit may include a reasonable time schedule for compliance as authorized by applicable law and as determined by the Borough.

D. The Superintendent may modify a sewer use permit for cause, including but not limited to the following reasons:

(1) To incorporate any new or revised federal, state or local pretreatment standards or requirements;

(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the sewer use permit issuance;

(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4) Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the Borough's POTW, Borough personnel, treatment plant sludge disposal or the receiving waters, or may place the Borough in violation of its NPDES permit;

(5) Violation of any terms or conditions of the sewer use permit;

(6) Misrepresentations or failure to fully disclose all relevant facts in the sewer use permit application or in any required reporting;

(7) Revision of or a grant of variance from National Categorical Pretreatment Standards pursuant to 40 CFR 403.13;

(8) To correct typographical or other errors in the sewer use permit; or

(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 127-32.

§ 127-32 Permit transfer.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Sewer use permits are issued to a specific user for a specific operation. A sewer use permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without prior written notice to the Borough and the approval of the Borough. Notice of the transfer shall be provided to the Borough 30 days in advance of the transfer. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The notice to the Borough must include a written certification by the new owner or operator which:

(1) Provides the name and address of the facility including the name of the new owner and/or operator;

(2) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(3) Identifies the specific date on which the transfer is to occur; and

(4) Acknowledges full responsibility for complying with the existing sewer use permit.

B. Failure to provide advance notice of a transfer renders the sewer use permit void as of the date of facility transfer. The Borough may modify or terminate a transferred permit as set forth in § 127-31 or 127-33 of this chapter.

§ 127-33 Permit termination.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. The Borough may revoke or terminate a sewer use permit for cause, including, but not limited to, the following reasons:

(1) Failure to notify the Borough of significant changes in the operation or wastewater volume, characteristics or constituents prior to discharge;

(2) Failure to provide prior notification to the Borough of changed conditions pursuant to § 127-21 of this chapter;

(3) Misrepresentation or failure to fully disclose all relevant facts in sewer use permit application or reports;

(4) Falsifying monitoring reports;

(5) Tampering with monitoring equipment;

(6) Refusing to allow the Borough or its representative timely access to the facility premises and records;

(7) Failure to meet effluent limitations;

(8) Failure to timely pay fines;

(9) Failure to timely pay sewer charges;

(10) Failure to meet compliance schedules;

(11) Failure to complete a waste survey or sewer use permit application;

(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility;

(13) Violation of any pretreatment standard or requirement, or any conditions of sewer use permit or this chapter;

(14) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; or

(15) Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the POTW, Borough personnel or the receiving waters, or may place the Borough in violation of its NPDES Permit.

B. Sewer use permits shall be voided by the Borough for nonuse, cessation of operations, or transfer of business ownership. All sewer use permits issued to a particular user are void upon the issuance of a subsequent sewer use permit to that user. A user shall be notified of the proposed termination of its sewer use permit and may be offered an opportunity to show cause as set forth in § 127-48 of this chapter.

§ 127-34 Permit appeals.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Any person, including the user, may petition the Borough to reconsider the terms of a sewer use permit within 30 days of its issuance or modification. Such petition shall be in writing and shall clearly state all facts on which it relies.

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

(2) In its petition, the appealing party shall indicate the sewer use permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the sewer use permit. If the appeal is for a modified sewer use permit, only the modified permit conditions shall be subject to appeal.

(3) The effectiveness of a sewer use permit shall not be stayed pending an appeal.

(4) If the Borough fails to initiate action to reconsider the decision within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a sewer use permit or not to modify a sewer use permit shall be considered a final administrative action for purposes of judicial review.

(5) Aggrieved parties seeking judicial review of final administrative sewer use permit decisions must do so by filing a complaint with the Court of Common Pleas for Cumberland or Franklin County, as appropriate, within 30 days of the Borough's determination, or within 30 days of the expiration of the thirty-day period under Subsection A(4), as applicable.

§ 127-35 Permit reissuance.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

Except as otherwise approved by the Borough, the user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing sewer use permit. Notwithstanding any other provision of this chapter, if the user has timely filed a complete permit application, and the Borough, through no fault of the user, has not reissued the sewer user permit prior to the expiration date, the conditions of the existing sewer use permit shall continue until such time the Borough has issued another permit.

§ 127-36 Authorization to issue permits.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

The Superintendent has the authorization to issue permits. His/her signature shall appear on the first page of each sewer use permit with the issuance, amendment and expiration dates of the discharge permit.

§ 127-37 Reporting requirements.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Baseline monitoring reports (BMR). Within either 180 days after the effective date of a National Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a BMR which contains the information listed in 40 CFR 403.12(b) and this subsection. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable National Categorical Pretreatment Standard, shall submit to the Superintendent a BMR which contains the information listed in 40 CFR 403.12(b) and this subsection. A new source shall report the method of pretreatment it intends to use to meet applicable National Categorical Pretreatment Standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Categorical industrial users shall submit the following information for a BMR:

(1) The name and address of the facility, including the name of the operator and owner.

(2) A list of any environmental control permits held by or for the facility.

(3) A brief description of the nature, average rate of production and North American Industry Classification System (NAICS) number of the operation(s) carried out by such user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process wastestreams and other wastestreams, as necessary, to allow use of the combined wastestream formula as established in 40 CFR 403.6(e).

(5) The National Categorical Pretreatment Standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the National Categorical Pretreatment Standard or by the Borough, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. At least one sample representative of daily operations shall be provided with the BMR and shall be collected and analyzed in accordance with procedures found at 40 CFR 136. The BMR shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(6) A certification statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether 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 to meet the pretreatment standards and requirements.

(7) If additional pretreatment and/or O&M are required to meet the pretreatment standards and requirements, the categorical industrial user shall submit the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards or requirements. A compliance schedule shall meet the requirements set forth in § 127-37B of this chapter.

(8) All BMRs shall be signed and certified in accordance with § 127-27E of this chapter.

(9) In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation required by the Borough or the pretreatment standard or requirement necessary to determine compliance status of the user.

B. Compliance schedule progress report: The following conditions shall apply to the schedule required by 40 CFR 403.12(c):

(1) The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards and requirements (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and initiating operation).

(2) No increment referred to in Subsection B(1) shall exceed nine months.

(3) The user shall submit a progress report to the Borough no later than 14 days following each date in the schedule and the final date of compliance, including 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 the delay, and the steps being taken by the user to return to the established schedule.

(4) No more than nine months shall elapse between the dates on which such progress reports are provided to the Borough.

C. Report on compliance with National Categorical Pretreatment Standard deadline (see § 127-25C).

(1) Within 90 days following the date for final compliance with applicable National Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewer system, any user subject to such National Categorical Pretreatment Standards shall submit to the Borough a report containing the information described in § 127-37A(4) through (6) of this chapter.

(2) For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to National Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports shall be signed and certified in accordance with § 127-27.E of this chapter. In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution alternative, the user shall submit documentation required by the Borough or the pretreatment standard or requirement necessary to determine compliance status of the user.

§ 127-38 Industrial waste contribution report.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Each significant industrial user and any user subject to a National Categorical Pretreatment Standard or any other pretreatment standard or requirement shall submit periodic compliance reports to the Borough in accordance with 40 CFR 403.12(e), (g) and (h), as applicable, 10 days prior to the first day of June and December, unless required more frequently in a National Categorical Pretreatment Standard or any other pretreatment standard or requirement, indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards and requirements. Both daily maximum and average concentrations shall be reported as applicable. In addition, the report shall include a record of the measured or estimated average and maximum daily flows for the reporting period.

B. In cases where the Pretreatment Standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation required by the Borough or the Pretreatment Standard necessary to determine the compliance status of the user. If requested by the user, the Borough may perform the required analyses and will bill the user accordingly. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported according to § 127-27C(5) of this chapter. At the discretion of the Borough and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Borough may agree to alter the months during which the above reports are to be submitted. All periodic compliance reports shall be signed and certified in accordance with § 127-27E of this chapter. Copies of all chain of custody forms and laboratory analytical reports from the accredited environmental laboratory shall be provided with each periodic compliance report.

C. The Borough may impose mass limitations on users regulated by concentration based on National Categorical Pretreatment Standards, local limits or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by this Subsection shall indicate the mass of pollutants regulated by in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Borough, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be as prescribed in the applicable Pretreatment Standard or by the Borough.

D. Categorical industrial users subject to equivalent mass or concentration limits established by the Borough in accordance with 40 CFR 403.6(c) shall include a reasonable measure of the categorical industrial user's long-term production rate in the periodic compliance report. Categorical industrial users subject to National Categorical Pretreatment Standards, which are expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), shall include the categorical industrial user's actual average production rate for the reporting period in the periodic compliance report.

E. The Borough may authorize a categorical industrial user subject to a National Categorical Pretreatment Standard to forego sampling of a pollutant regulated by a National Categorical Pretreatment Standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge to the sewer system, or is only present at background levels from intake water and without any increase in the pollutant due to activities of the industrial user, as subject to the following conditions:

(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from a facility provided that the sanitary wastewater is not regulated by an applicable National Categorical Pretreatment Standard and otherwise includes no process wastewater.

(2) The monitoring waiver is valid only for the duration of the effective period of the sewer use permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent sewer use permit.

(3) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4) The request for a monitoring waiver must be signed by an authorized representative of the user in accordance with § 127-1A of this chapter, and all requests for the waiver must include the certification statement in § 127-27E of this chapter.

(5) Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR 136 with the lowest minimum detection level for that pollutant is used for the analysis.

(6) Any grant or a monitoring waiver by the Borough must be included as a condition of the user's sewer use permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Borough for three years after expiration of the waiver.

(7) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur with the user's operations, the user must immediately comply with the monitoring requirements of 40 CFR 403.12(e) and § 127-38A and B of this chapter or other more frequent monitoring requirements imposed by the Borough. In such cases, the user shall immediately notify the Borough.

(8) This provision does not supersede certification processes and requirements established in National Categorical Pretreatment Standards, except as otherwise specified in the National Categorical Pretreatment Standard.

F. The Borough may reduce the requirement for periodic compliance reports, as outlined in § 127-38A of this chapter, to a requirement to report no less frequently than once a year, unless required more frequently in a pretreatment standard or by EPA, where the categorical industrial user's total categorical wastewater flow does not exceed any of the following:

(1) Greater than 0.01% of the POTW's design dry-weather hydraulic capacity of the sewage treatment plant, or 5,000 GPD, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the user discharges in batches;

(2) Greater than 0.01% of the POTW's design dry-weather organic capacity of the sewage treatment plant; and

(3) Greater than 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable National Categorical Pretreatment Standard for which approved local limits are developed, in accordance with § 127-26 of this chapter.

G. Reduced reporting is not available to users that have been in significant noncompliance during the last two years, as defined in § 127-45B of this chapter. In addition, reduced reporting is not available to users with daily flow rates, production levels or pollutant levels that vary so significantly that, in the opinion of the Borough, decreasing the reporting requirement for this type of user results in data that are not representative of conditions occurring during the reporting period. The user must notify the Borough immediately of any changes at its facility causing it to no longer meet the conditions outlined in this section. Upon notification, the user must immediately begin complying with the minimum reporting in § 127-38A of this chapter and/or as contained in its sewer use permit.

H. The Borough must retain documentation to support the Borough's determination that a specific user qualifies for reduced reporting requirements under this Section for a period of three years after the expiration of the term of the sewer use permit.

§ 127-39 Sampling, flow measurement and inspection.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Representative sampling. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

B. Monitoring facilities. Any user whose property is serviced by a lateral carrying nondomestic wastewater shall install at his expense a suitable control manhole together with such necessary flow meters and other appurtenances in the building or lateral sewer to facilitate observation sampling and measurement of the wastewater. 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. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. 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.

C. Right of entry.

(1) Persons or occupants of premises connected to the sewer system shall provide the Borough and its representatives and agents bearing proper credentials and I.D. the opportunity of access at any time to any part of any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling, testing and examination and/or copying of records, for ascertainment of whether the purpose of this chapter is being met and all requirements are being complied with, and for performance of other functions relating to service rendered by the Borough.

(2) The Borough, PADEP and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or flow metering operations.

(3) Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the Borough, PADEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(4) If the Borough has been refused access to a building, structure or property, or any part thereof, and if the Borough has probable cause to believe that a user has violated or may violate this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Borough designed to verify compliance with this chapter or a sewer use permit or order issued hereunder, or to protect the overall health, safety and welfare of the community, then the Borough may seek issuance of a search warrant from the local Cumberland or Franklin County District Justice. Such warrant shall be served at reasonable hours by the Borough in the company of a law enforcement officer. In the event of an emergency affecting the public health and safety, inspections shall be made without the issuance of a search warrant.

D. Analytical requirements.

(1) All measurements, tests and analysis of the characteristics of wastewater and wastes to which reference is made in this chapter shall be determined using methodologies prescribed in 40 CFR 136 or approved by PADEP and EPA for the analysis of wastewater and waste and shall be determined by or under the direct supervision of a qualified analyst at the control manhole provided or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be that downstream manhole in the public sewer that is nearest to the point at which the lateral is connected. The control manhole shall contain only the wastewater of the industry being monitored and no flows from other sources.

(2) Specifically, all parameter holding times shall be adhered to, such as the forty-eight-hour holding time for the BOD₅ analysis, which begins at the time the last sample aliquot is collected.

(3) All analyses shall be conducted by a laboratory accredited under the auspices of the Environmental Laboratory Accreditation requirements at 25 Pa. Code § 252, unless the Borough approves otherwise, such as for the analysis of pH. Such request for permission by a nonaccredited facility to conduct analyses as required by a sewer use permit issued by the Borough shall be made in writing to the Borough.

(4) The Borough reserves the right to select an accredited laboratory for industrial users.

E. Sample collection. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage treatment plant and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a time composite, flow composite or grab of all outfalls of a premise is appropriate. Samples collected to satisfy reporting requirements must be based on data obtained through sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(1) Except as indicated in Subsection E(2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by the Borough, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Borough, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

(3) For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 127-37A and C and at 40 CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist for facilities.

(4) Holding time for sample parameters begins at the time the last sample is collected in the composite sampling bottle. The time of final sample collection shall be recorded on the chain of custody form.

(5) In general, all samples shall be collected in accordance with 40 CFR 136 protocol, which includes use of proper sampling containers, maintenance of samples at a temperature of <6° C., use of proper preservatives and adherence to parameter holding times.

(6) The Borough reserves the right to require that all sampling shall be conducted by a laboratory accredited under the auspices of the Environmental Laboratory Accreditation program at 25 Pa. Code § 252.

F. Sample frequency. The user shall insure that an adequate number of samples are collected and analyzed to determine that the process discharge equipment is operating properly and that the wastewater discharge does not violate pretreatment effluent limitations. Except as otherwise provided, significant industrial user sampling for determining compliance shall be conducted at least once every six months and analyzed for applicable pollutants. The Borough reserves the right to require sampling more frequently than set herein.

G. Repeat sampling and reporting. Any sample which exceeds the discharge limits set forth in the sewer use permit or pretreatment standard or requirement shall constitute a violation of this chapter. The permittee shall notify the Borough within 24 hours of becoming aware of the violation and shall be responsible for the collection and retesting of a second sample, within 30 days after becoming aware of the violation. A violation of the sewer use permit shall continue from the date of the initial sample showing the violation until the permittee demonstrates compliance with the sewer use permit. The user is not required to resample if the Borough monitors the user's wastewater discharge at least once per month or the Borough samples between the user's initial sampling and when the user receives the initial sample results.

H. Reporting of increased sampling results. Any additional monitoring performed by the permittee, or the Borough, in addition to the required monitoring, must be reported as part of the discharge monitoring reports submitted to the Borough.

I. Toxicity monitoring. A user shall undertake effluent toxicity testing as deemed necessary by the Borough using DEP and EPA established protocol. A user shall undertake a Toxicity Reduction Evaluation and take steps to reduce toxicity, as required by the Borough using DEP and EPA established protocol.

J. Analytical costs. The costs of all sampling, testing, inspection and other monitoring activities shall be borne by the respective user. The Borough will sample and analyze the discharge of each user holding a sewer use permit a minimum of once per year. The fees for such sampling and analysis will be billed to and shall be paid by the user.

§ 127-40 Annual publication of users in significant noncompliance.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

The Borough shall annually prepare and publish, not less than one time annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a report listing those users which were in significant noncompliance with applicable pretreatment standards or requirements or any provision of this chapter at least one time during the previous twelve-month period. The report shall also summarize any enforcement action(s) taken against the user(s) during the twelve-month period. The Borough shall not be liable for any damages of any sort suffered by any user or owner as a result of such publication, nor shall the Borough incur any liability through publication of incorrect information where such information was believed accurate when published or was the result of administrative or typographical error.

§ 127-41 Recordkeeping.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

Both the users and the Borough shall maintain records of all information resulting from any monitoring activities relating to compliance with this chapter and documentation associated with best management practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements for a period of three years.

A. Such records shall include for all samples:

(1) The date, exact place, method and time of sampling and the names of the person or persons taking the samples;

(2) The dates analyses were performed;

(3) Who performed the analyses;

(4) The analytical techniques/methods used; and

(5) The results of such analyses.

B. All such records shall be made available to officials of the Borough, PADEP or EPA. This period shall be extended by the request of any party. In the event of litigation implemented by any party, the three-year period shall be extended. All records shall be maintained until the litigation process has been completed or where the user has been specifically notified of a longer retention period by the Borough.

§ 127-42 Confidential information.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

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 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. Any such request shall be asserted at the time of submission of the information or data to the Borough. The Borough will maintain a list of all persons, groups or governmental agencies requesting information, the information supplied and the date supplied. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon written request to governmental agencies for uses related to this chapter, the NPDES permit program, state disposal system 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 as defined in 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. Information accepted by the Borough as confidential, as described in this section, shall not be transmitted to the public by the Borough until a written ten-day notification is given to the user, and the user grants the Borough written permission to do so.

§ 127-43 Duty to provide information.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A user shall furnish to the Borough, within a reasonable time, any information which the Borough may request to determine whether cause exists for modifying, reissuing, terminating or revoking a sewer use permit, or to determine user pretreatment compliance. The user shall also furnish to the Borough, upon request, copies of records required to be maintained pursuant to this chapter or other applicable federal, state or local laws or regulations. If the user becomes aware that it failed to submit relevant facts or submitted incorrect information in an application for a sewer use permit, a report to the Borough, or in any correspondence pertaining to its industrial wastewater discharge, the user shall promptly submit such facts or information to the Borough.

§ 127-44 Pretreatment fees.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Purpose. It is the purpose of this section to provide for the recovery of costs from users of the Borough's sewer system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Borough's pretreatment fee policy.

B. Charges and fees.

(1) The Borough may, from time to time, collect charges and fees, to include:

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

(b) Fees for monitoring, inspections and surveillance procedures, including the cost for the collection and analysis of a user's wastewater discharge, and the review of monitoring reports.

(c) Fees for yearly sampling and analyses of user's wastewater discharge.

(d) Fees for reviewing accidental discharge procedures and construction of facilities.

(e) Fees for permit and modified permit applications.

(f) Fees for filing appeals.

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

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

§ 127-45 Noncompliance.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Instances of noncompliance. Violation of any industrial pretreatment regulation, including but not limited to local limits, compliance sampling and reporting requirements, meeting compliance schedules and/or regulatory deadlines, shall be instances of noncompliance. Any user which shall be in noncompliance shall be subject to enforcement action by the Borough, as hereafter provided.

B. Instances of significant Noncompliance (SNC). Any user shall be in significant Noncompliance upon meeting one or more of the following criteria in accordance with 40 CFR 403.8(f)(2)(viii):

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 127-1 of this chapter and by 40 CFR 403.3(1).

(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by § 127-1 of this chapter and by 40 CFR 403.3(1), multiplied by the applicable criteria (1.4 for BOD, FOG and TSS, and 1.2 for all other pollutants except pH).

(3) Any other violation of a pretreatment standard or requirement as defined by § 127-1 of this chapter and by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent 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.

(4) Any discharge of pollutants that has caused imminent endangerments to human health or the environment in accordance with 40 CFR 403.8(f)(2)(vii), or results in the POTW's exercise of its emergency powers under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.

(5) A delay in meeting a compliance schedule milestone (failure to begin or complete construction or attain final compliance) by 90 days or more.

(6) Failure to submit any of the required reports under this chapter or by applicable pretreatment standards and requirements within 45 days of the due date.

(7) Failure to accurately report noncompliance.

(8) Any other violation(s), including violations of BMPs, which the POTW considers significant that may adversely affect the operation or implementation of the Borough's industrial pretreatment program.

C. The Borough Council shall adopt an enforcement response plan and civil penalty policy (ERP) which meets the requirements of the 40 CFR 403.8(f)(5), and required by the Pennsylvania Publicly Owned Treatment Works Penalty Law, Act No. 9 of 1992 (35 P.S. § 752.1 et seq.). The enforcement response plan and civil penalty policy shall be the basis for enforcement actions taken and penalties assessed by the Borough for violations of federal, state and local rules and regulations. The enforcement response plan and civil penalty policy may be adopted by resolution of the Council of the Borough of Shippensburg.

§ 127-46 Enforcement.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. When making determinations as to the level of enforcement action to be invoked by the Borough for violations of pretreatment regulations, the Borough shall consider the severity of the violation(s), degree of variance from the pretreatment standards and requirements, the duration of the violation(s) and impact on the POTW.

B. Enforcement actions may include but are not limited to notices of violation (NOV), administrative orders (AO), compliance schedules, show-cause hearings, civil suits, criminal prosecution and termination of service.

C. The Borough Council shall adopt an enforcement response and civil penalty policy (ERP) which meets the requirements of the 40 CFR 403.8(f)(5). The enforcement response and civil penalty policy shall be the basis for all enforcement actions taken by the Borough for violations of applicable local, state or federal laws, regulations or statutes. The enforcement response and civil penalty policy may be adopted by resolution of the Council of the Borough of Shippensburg.

§ 127-47 Enforcement actions.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Notice of violation (NOV). Any industrial user who violates or continues to violate this chapter or any sewer use permit or order issued hereunder, or any other pretreatment standard or requirement, may be issued, by the Borough, a notice of violation. The industrial user shall respond to the Borough within 10 days of the receipt of the notice, with an explanation of the violation, a plan to correct the violation or a statement informing the Borough that the violation has been corrected, including the means by which compliance was achieved and methods by which the industrial user will prevent the violation from reoccurring. Submission of this plan in no way relieves the industrial user of any liability for violations occurring before or after the receipt of the notice of violation. Additional enforcement actions may be served at the same time as the notice of violation or following the service of the notice of violation.

B. Administrative orders (AO). Any industrial user who violates or continues to violate this chapter or any sewer use permit or order issued hereunder, or any other pretreatment standard or requirement, may be issued, by the Borough, an administrative order. Such order shall set forth the basis for the violation and may include but shall not be limited to compliance schedules and cease-and-desist orders. Any industrial user which has been issued an administrative order shall not be relieved of liability for existing violations or subsequent violations which occurred or occur during or after the administrative order has been served on the industrial user. The industrial user shall have 10 days to respond to the Borough, in writing, notifying the Borough of its intention to comply with the order. Each day of violation of the administrative order shall constitute a separate violation. Issuance of an administrative order shall not bar against, or be a prerequisite for, taking any other enforcement action against the user.

C. Compliance schedule.

(1) A compliance schedule may be served upon an industrial user which has violated this chapter, a sewer use permit or other order issued hereunder, or any other pretreatment standard or requirement. The Borough may issue its order providing for the termination of sewer service in the event that adequate treatment facilities, devices or other appurtenances shall not have been installed and are properly operating. The installation of such devices shall be in accordance with guidelines specified in the compliance schedule. Compliance schedules may also require the industrial user to perform additional self-monitoring testing and improved management practices.

(2) Compliance with the order shall be achieved on or before the date(s) specified in the order. In the event that compliance cannot be achieved by the industrial user as specified, the industrial user may request an extension, in writing, not less than 15 days prior to the scheduled date for compliance. The Borough, at its sole discretion, may grant an extension of the date for compliance.

D. Cease and desist order. Any industrial user which violates or continues to violate this chapter, a sewer use permit or any order issued hereunder, or any pretreatment standard or requirement, or that the user's past violations are likely to recur, may be issued, by the Borough, an order to cease and desist all such violations providing for immediate compliance with this chapter, sewer use permit and regulations or halting discharges to the Borough sewer system until all violations have been corrected. Each day of violation of the cease and desist order shall constitute a separate violation. Issuance of a cease and desist order shall not bar against, or be a prerequisite for, taking any other enforcement action against the user.

E. Termination of service.

(1) The Borough may terminate the service of any industrial user which violates or continues to violate this chapter and sewer use permit or any order issued hereunder, or any pretreatment standard or requirement, or which discharges any substance or substances that may be harmful to the sewage treatment plant, treatment plant personnel, the general public or the environment. Methods to be used to terminate sewer service shall include but not be limited to the plugging of the industrial user's line, revocation of the sewer use permit, termination of water service and/or issuing a cease-and-desist order. Notice to the termination of service shall be personally served on the industrial user, its agents, officers or employees setting forth the reason for termination of service and the date and time of the termination of service.

(2) The Borough may terminate the service without notice where a threat to the safety of the sewage treatment plant, its personnel or the general public exists. Upon such emergency termination, the Borough shall promptly notify the industrial user, its agents, officers or employees personally as above.

(3) Service shall be restored to the industrial user upon the correction of the violations and/or when the emergency has been abated.

§ 127-48 Hearing to show cause.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. The Borough may order any user who causes or allows an authorized discharge to enter the sewer system 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, 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. The hearing may be formal or informal, based on the severity of the noncompliance. A formal hearing shall be conducted according to the rules of evidence and open to the public. An informal hearing shall be closed to the public.

B. Users are still liable for all violations previous to and during the period of the hearings until the violation has been corrected. Failure to respond to the hearing will be considered an additional violation.

C. The Borough Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer, employee or agent of the Borough to:

(1) Issue, in the name of the Borough, 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 for action thereon.

D. At any hearing held pursuant to this chapter, 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 thereof.

E. After the Borough 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 on existing treatment facilities, devices or other related appurtenances are property operated. Further orders and directives as are necessary and appropriate may be issued.

F. Civil proceedings. If any person discharges sewage, industrial wastes, nondomestic wastes or other wastes into the sewer system or fails to submit required monitoring and compliance reports or violates the requirements of the sewer use permit, the provisions of this chapter, pretreatment standards or 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 Cumberland or Franklin County.

G. Criminal proceedings. When any person 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 chapter or a sewer use permit or falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, the Borough Solicitor may commence appropriate legal action.

§ 127-49 Appeals.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

Any industrial user who shall be aggrieved by any order or enforcement action of the Superintendent shall have the right to appeal any enforcement action(s) and/or penalty(ies) assessed against him. Appeals shall be made within 30 days of the action. Failure to appeal within 30 days shall constitute a waiver of the right to contest the enforcement action and/or the amount of the penalty assessed. Appeals shall be in writing addressed to:

The Council of the Borough of Shippensburg

P.O. Box 129

60 West Burd Street

Shippensburg, Pennsylvania 17257

§ 127-50 Civil penalties.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Civil penalties. Any industrial user which violates this chapter, sewer use permit, any pretreatment standard or requirement, any other federal, state or local rules, regulations or standards, whether or not the violation is willful or negligent, may be assessed a civil penalty in an amount not to exceed $25,000 per day, per violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The Borough may also recover reasonable costs such as attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of actual damages to the POTW and/or the environment. Penalties shall be assessed in accordance with the Borough's enforcement response and civil penalty policy as described in § 127-39 of this chapter. The user charged with the penalty shall have 30 days to pay the proposed penalty in full, or, if the user wishes to contest the amount of the penalty or the fact of the violation, the user may file an appeal in accordance with § 127-42 of this chapter. Unpaid penalties shall constitute a lien against a user's property.

B. Uses for penalties.

(1) Penalties collected pursuant to the POTW penalty law shall be placed in a restricted account and shall only be used by the Borough for the following:

(a) Repair of damage and any additional maintenance needed or any additional cost imposed as a result of the violation for which the penalty was imposed.

(b) To pay any penalties imposed on the Borough by the federal or state government for violation of pretreatment standards and requirements.

(c) Costs incurred by the Borough to investigate and take enforcement actions that resulted in a penalty being imposed.

(d) Monitoring of discharges for the pretreatment program.

(e) Capital improvements to the POTW which may be required by the pretreatment program.

(2) Any remaining funds may be used for other capital improvements to the POTW.

§ 127-51 Injunctive relief.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

When the Borough finds that a user has violated, or continues to violate, this chapter, a sewer use permit or order issued hereunder, or any other pretreatment standard or requirement; or determines the discharge from a user presents imminent or substantial harm to the POTW or the public; or the discharge from the user causes the POTW to violate any condition of its NPDES Permit; or the user has shown a lack of ability or intention to comply with a pretreatment standard or requirement, the Borough may petition the Court of Common Pleas for Cumberland or Franklin County through the Borough Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the sewer use permit, order or other requirement imposed by this chapter, on the activities of the user. Such other action as is appropriate for legal and/or equitable relief may also be sought by the Borough, including the assessment of a civil penalty. A petition for Injunctive Relief shall not bar against, or be a prerequisite for, taking any other action against a user.

§ 127-52 Affirmative defenses.

[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]

A. Treatment upsets.

(1) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with National Categorical Pretreatment Standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset shall constitute an affirmative defense to an action brought for noncompliance with National Categorical Pretreatment Standards if the requirements of this subsection are met. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:

(a) An upset occurred and the user can identify the cause(s) of the upset;

(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

(c) The user has submitted the following information to the Borough within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission shall be provided within five days from the date the user became aware of the upset. The written submission shall include the following information:

[1] A description of the indirect discharge and cause of noncompliance;

[2] The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

[3] Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(2) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. A user shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with National Categorical Pretreatment Standards. The user shall control production of all discharges to the extent necessary to maintain compliance with National Categorical Pretreatment Standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility fails, is reduced or lost.

B. Treatment bypasses.

(1) For the purposes of this section, "bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to be inoperable, or substantial or permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. A 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. These types of bypasses are not subject to the following provisions.

(2) Users anticipating a bypass must submit notice to the Borough at least 10 days in advance, if possible. Users shall provide oral notice to the Borough within 24 hours of discovery of an unanticipated bypass that exceeds applicable pretreatment standards. Users shall submit a written report to the Borough within five days of becoming aware of the bypass. The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps being taken or planned to reduce, eliminate and prevent recurrence of the bypass. The Borough may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(3) A bypass of the treatment system without Borough approval is prohibited and the Borough may take an enforcement action against the user for a bypass unless all of the following conditions are met:

(a) The bypass is unavoidable to prevent loss of life, personal injury or severe property damage;

(b) There is no feasible alternative to the bypass, including the use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c) The User properly notifies the Borough as described in this subsection.

(4) The Borough may approve an anticipated bypass, after considering its adverse effects, if the Borough determines that the user will meet the conditions set forth in this subsection.